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HomeMy WebLinkAbout01/13/2000CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 13th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann- Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Bauer, City Engineer Wrase, Police Captain Anglin, Public Works Supervisor Blommel, Natural Resources Coordinator Colleran, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Margarit, Assistant Planner Milton, and Intern Pederson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of December 21st, 1999, as written. Ayes - 5 - Nays - 0. Resolution No. 2000-1 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $500.00 from Barton Sand & Gravel Company to benefit the youth of the community. Ayes - 5 - Nays - 0. Resolution No. 2000-2 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $2,000.00 from American Legion Post 1776 toward sponsorship of the senior citizens’ holiday party. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 2 Resolution No. 2000-3 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of concrete culverts from Hanson Concrete Products for use at the Joint Fire Training Facility in Burnsville. Ayes - 5 - Nays - 0. Resolution No. 2000-4 MOTION: of Grendahl, seconded by Goodwin, adopting accepting collateral and designating Midway Bank of Apple Valley as the official depository for City funds for the year 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-5 MOTION: of Grendahl, seconded by Goodwin, adopting designating as additional depositories for City funds for the year 2000: US Bancorp of Minneapolis; Hampton Bank; Norwest Bank; Juran & Moody; Dain Bosworth; Edward D. Jones & Co.; The Trading Desk, Inc.; Midway National Bank of Apple Valley; and Anchor Bank. Ayes - 5 - Nays - 0. Resolution No. 2000-6 MOTION: of Grendahl, seconded by Goodwin, adopting designating Thisweek Newspapers/Dakota County Tribune as the official newspaper of the City for the year 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-7 MOTION: of Grendahl, seconded by Goodwin, adoptin g appointing Juran & Moody, Inc., as the City’s bond consultant for the year 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of various renewal business licenses and permits for 2000 as attached to the City Clerk’s memo dated January 10, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-8 MOTION: of Grendahl, seconded by Goodwin, adopting approving renewal of a two-year Gambling Premises Permit by the Minnesota Charitable Gambling Control Board for Apple Valley American Legion Post 1776 at 14521 Granada Drive. Ayes - 5 - Nays - 0. Resolution No. 2000-9 MOTION: of Grendahl, seconded by Goodwin, adopting approving renewal of two-year Gambling Premises Permits by the Minnesota Charitable Gambling Control Board for Apple Valley Hockey Association at Apple Place, 14917 Garrett Drive, and at Rascals Bar & Grill, 7721 West 147th Street. Ayes - 5 - Nays - 0. Resolution No. 2000-10 MOTION: of Grendahl, seconded by Goodwin, adopting approving application to Dakota County for 2000 Community Development Block Grant funds, of $172,324.00, for use in the housing rehabilitation revolving loan program administered by the Dakota County HRA. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 3 MOTION: of Grendahl, seconded by Goodwin, approv ing Grants of Easement for a private drive across the east side of Valleywood Golf Course to the City of Rosemount and Michael and Elisabeth Sullivan, as attached to the Community Development Director’s memo dated December 28, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-11 MOTION: of Grendahl, seconded by Goodwin, adopting completing vacation of drainage and utility easements on Lots 15 and 16, Block 1, Saddle Ridge (being replatted as Saddle Ridge 2nd Addition). Ayes - 5 - Nays - 0. Resolution No. 2000-12 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat of Chateau Estates 8th Addition, waiving the requirement for a subdivision agreement, granting a variance for the existing detached garage on Lot 1, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-13 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Fischer Market Place 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-14 MOTION: of Grendahl, seconded by Goodwin, adopting ordering preparation of a preliminary engineering feasibility report for Project 00-127, Storm Sewer Pond EVR-P44, to be located in the southeast corner of the City. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the contract with Automatic Systems Co. for Project 98-802, Water System Control Upgrade, in the amount of an additional $314.46. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a change order to Project 97-542, Outdoor Family Aquatic Center, in the amount of a $219.00 deduction, as listed in the Construction Manager’s memo dated January 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 98-802, Water System Control Upgrade, as final and authorizing final payment on the contract with Automatic Systems Co. in the amount of $23,212.17. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Joint Powers Agreement for 2000 Traffic Markings, Street Sweeping, Crack Sealing, and Seal Coating Services with the Cities of Burnsville, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, and South St. Paul; as attached to the Public Works Project Coordinator’s memo dated January 13, 2000; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 4 MOTION: of Grendahl, seconded by Goodwin, approving revised Traffic Signal Agreement No. 99-07 with Dakota County and Rosemount, for the intersection of County Roads 42 and 33, as attached to the Acting Public Works Director’s memo dated January 13, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-15 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Contract Mowing and Trimming Services on Various Properties and authorizing for receipt of bids, at 9:00 a.m., on February 1, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the expenditure of up to $800.00 to conduct a citizen survey of the refuse collection program, as recommended by the Urban Affairs Committee, and described in the Assistant Planner’s memo dated January 7, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-16 MOTION: of Grendahl, seconded by Goodwin, adopting supporting the Dakota County City and County Managers and Administrators 2000 legislative position paper, as attached to the City Administrator’s memo dated January 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, confirming election of Keith Wassmund as Fire Chief, for a three-year term, at the Department’s annual business meeting on January 9, 2000, as provided by City Code Section 10-13(a). Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving appointment of new members to the Fire Department: Tim Chase, Scott Friedland, Carol Warnacutt, James Running, Scott Moening, Doug Nowicki, Andrew Koppang, Barbara Nelsen, and Reid Troxel; as listed in the Fire Chief’s memo and addendum dated January 10 and 12, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the 1999 Pay Equity Implementation Report, as attached to the Human Resources Manager’s memo dated January 10, 2000, and authorizing the Mayor to sign the same for submission to the State of Minnesota. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing and proceeding with recruit ment for the new position of Administrative Assistant to the City Administrator as listed in the Personnel Report dated January 13, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving reclassification of the Accountant II position to Pay Scale 9 as listed in the Personnel Report dated January 13, 2000. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 5 MOTION: of Grendahl, seconded by Goodwin, approving promotion of Patricia Meyer to the full-time position of Police Dispatcher as listed in the Personnel Report dated January 13, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated January 13, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF POLICE OFFICERS AND SERGEANT Police Captain Lohse introduced Jeff Smith, who has been a Police Officer with the City since 1994 and has now been promoted to Sergeant. He also introduced Nicholas Francis, Ky Litecky, and Alan Spillers, who have joined the City as new Police Officers. The City Clerk administered oaths of office to the new officers and the Mayor and Council welcomed them to the City. NEWLY ELECTED FIRE CHIEF Mr. Lawell commented that Fire Chief Wassmund, who has been elected to a new three-year term by the Fire Department members, was present. The Council congratulated him and the Mayor presented the Chief’s badge to him. BROADWAY STATION APPLE VALLEY ON-SALE WINE LICENSE Mayor Hamann-Roland called the public hearing to order, at 8:13 p.m., to consider the application of Grand Central Station, Inc., d/b/a Broadway Station Apple Valley, for a new on- sale wine license and noted receipt of the affidavit of publication of the hearing notice. The restaurant, at 15050 Cedar Avenue, #118, was owned by C.I.A.O., Inc., and held licenses in that name as described in the City Clerk’s memo dated January 10, 2000. David Trumble, who has now purchased the restaurant, was present. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:14 p.m. Resolution No. 2000-17 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a new on-sale wine license, for the year 2000, to Grand Central Station, Inc., d/b/a Broadway Station Apple Valley, at 15050 Cedar Avenue, #118; subject to approval by the Minnesota Commissioner of Public Safety. Ayes - 5 - Nays - 0. REGATTA 3RD ADDITION IMPROVEMENTS PUBLIC HEARING CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 6 Mayor Hamann-Roland called the public hearing to order, at 8:15 p.m., to consider Project 99- 108, Regatta 3rd Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report dated December 15, 1999, describing proposed improvements on property located north of 160th Street between Flagstaff and Foliage Avenues. The Mayor asked for questions or comments from the Council and the public. Gary Pahl, owner of property at 6885 West 160th Street, said they have met with the City Engineer and Planning Staff about access from Foliage Avenue. They agreed to move the access 100 feet north of 160th Street and loop a driveway back to Foliage. They ask that the City defer assessments resulting from this project for 15 to 20 years in exchange for their dedicating right-of- way for Foliage Avenue. They would agree to assessments coming off deferral, in phases, as the property might develop in the future. The Mayor stated the purpose of this hearing is not to consider special assessments; that will be the subject of a future hearing. Mr. Pahl said they are considering dividing the property into two parcels, for estate planning purposes, and want to be on record for future agreements. Dave Tomlinson, 15450 Dodd Boulevard, asked whether construction in the Regatta area will require ground water pumping to keep basements dry? Mr. Wrase said no pumping would be required for building construction. There may be some pumping during part of the installation of the deeper sanitary sewer line. There were no other comments and the hearing was declared closed at 8:26 p.m. Consideration of ordering the project will be scheduled at a future meeting. HALLWOOD HIGHLANDS TOWNHOMES Ms. Milton reviewed the revised report on a proposed preliminary plat for 15 townhouse units on Outlot A, Hallwood Highlands, located southeast of 133rd Street and Greenwich Court. The proposal was tabled December 21, 1999, for comparison of the submitted plan with a “no variance” plan. She reviewed a comparison of the plans, both with 15 townhomes. The submitted plan involves grading about three acres of the site, removing 43 to 51 percent of the trees, and installing a 528-foot long cul de sac. The “no variance” plan involves grading four acres, removing 73 percent of the trees, and installing a 593-foot cul de sac. Councilmember Erickson asked for clarification of variances granted for single family homes in the area. Ms. Milton said the homes along Granada Avenue have 20-foot setback variances to preserve trees. Mr. Erickson commented on his experience on the Planning Commission and said, from a planning perspective, the submitted plan is appropriate for an area adjacent to single family residential and a busy road and meets the City’s criteria. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 7 Councilmember Grendahl asked what assurance there is that the open area on the south would not be developed if the plan is approved? Mr. Kelley said a conservation easement, maintaining the open space, could be required to be filed with the final plat. Councilmember Goodwin said he does not see much difference between the two plans as far as distance between the units. Ms. Milton said more of the difference is in moving the cul de sac farther west. She reviewed the additional berming and landscaping proposed along the rear of single family Lots 1 and 2. The developer will also be required to extend the berm along Cedar Avenue farther north and install retaining walls to maintain the area on the east side of the cul de sac. Mayor Hamann-Roland asked what type of retaining wall would be used? Mr. Wrase said that has not been determined yet, but from an engineering standpoint a keystone block type wall is preferred for stability. Jim Hagen, 13330 Greenwich Court, said the site currently contains some abandoned farm equipment and barbed wire, which should not be buried. He asked whether porches or decks on the units will require variances? Ms. Milton said plans show they can be added without variances. Don Moran, 7609 West 133rd Street, and Rick Luftman, 7631 West 133rd Street, expressed concern about lights from vehicles leaving the new driveway shining into their homes and asked for clarification of berm locations. Ms. Milton showed the northern area, in MnDOT right-of- way, where fill will be added and the berm extended and the area along the back of buildings 4, 5, and 6 where berming and landscaping will be added. Ms. Colleran commented on the required landscaping plan and the typical types of trees planted. Mr. Luftman asked if the berm could be extended along the east side of 133rd Street on both sides of the new driveway? Ms. Milton said it could be done on the south side of the driveway but not on the north because it is outside the grading limits and there is a tree to be saved. Councilmember Goodwin asked about the building materials. Ms. Milton said the exterior must be at least 50 percent brick and remainder can be a natural wood or masonry product. Mr. Goodwin said he would prefer specifying stucco in combination with the brick. Resolution No. 2000-18 MOTION: of Erickson, seconded by Goodwin, adopting approving the preliminary plat of Hallwood Highlands Outlot A; with 15 townhouse units in accordance with the submitted plan, subject to conditions as recommended by the Planning Commission and filing a conservation easement to prohibit development of the southern portion of the site outside the grading limits. Ayes - 5 - Nays - 0. Resolution No. 2000-19 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan of Hallwood Highlands Outlot A, with additional berms along 133rd Street and single family Lots 1, 2, and 3; granting setback variances to Cedar Avenue, between buildings 6 and 8, and 7 and 8; and authorizing issuance of a building permit subject to conditions as recommended by the Planning Commission CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 8 except exterior building materials shall be at least 50 percent brick and the remainder stucco. Ayes - 5 - Nays - 0. Resolution No. 2000-20 MOTION: of Sterling, seconded by Erickson, adopting ordering preparation of a preliminary engineering feasibility report for Project 99-124, Hallwood Highlands Outlot A Townhomes Improvements. Ayes - 5 - Nays - 0. RED ROBIN RESTAURANT Ms. Milton reviewed the Planning Commission recommendation on a proposed 7,120 square-foot Red Robin Restaurant, with 269 seats, at the southeast corner of 155th Street and Cedar Avenue. The site has cross access easements for parking on property to the south and it will comply with landscape requirements. Variances are requested for a 10-foot high screening wall around a storage building and 18-inch reduction in setback from the north property line due to a sightline easement across the southern portion of the property. Councilmember Grendahl commented on the sightline easement for the transit station and noted she was not opposed to granting a variance. Ms. Milton said the building was able to be relocated and only needs an 18-inch setback from the lot line now. Wendal Smith, of Anthonie Properties, the developer, was present to answer questions and said this will be the first Red Robin Restaurant in Minnesota. Resolution No. 2000-21 MOTION: of Grendahl, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for Red Robin Restaurant, on Lot 1, Block 1, Carroll Center 4th Addition, with variances and conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. WATER TREATMENT PLANT RISK MANAGEMENT PLAN Mayor Hamann-Roland called the public hearing to order, at 9:35 p.m., to consider a Risk Management Plan for the Water Treatment Plant and noted receipt of the affidavit of publication of the hearing notice. Ms. Blommel reviewed the purpose of the hearing as described in her memo dated January 13, 2000. Because the amount of chlorine at the Water Treatment Plant meets the threshold quantities set by the Environmental Protection Agency, a plan is required to prevent or minimize risk of exposure to chlorine gas. The plan involves hazard assessment, accident prevention, and emergency preparedness. Three release scenarios and their impacts were modeled as part of the plan. The Process Safety Management Plan and Risk Management Plan have been combined into one document which on file. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:39 p.m. MOTION: of Erickson, seconded by Grendahl, adopting the Process Safety Management Plan and Risk Management Plan for the Water Treatment Plant as required to comply with the Federal Clean Air Act. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 9 SAND & GRAVEL MINING ANNUAL EXCAVATION PERMITS Mr. Kelley reviewed applications for annual excavation permits from Barton Sand & Gravel Company and Fischer Sand & Aggregate as described in his memo dated January 10, 2000. No modifications are requested for the Barton Sand & Gravel permit. The Fischer operation is requesting driveway access on the east side of Pilot Knob Road approximately 1,600 feet south of County Road 42 to accommodate an airport construction project contract. This access is only needed until approximately April 1, 2000. MOTION: of Goodwin, seconded by Erickson, approving commercial sand and gravel mining annual excavation permits for Barton Sand & Gravel Company, with no modifications; and Fischer Sand & Aggregate, LLP, with a temporary driveway on the east side of Pilot Knob Road and shoulder widening on the west side, until April 1, 2000; as described in the Community Development Director’s memo dated January 10, 2000. Ayes - 5 - Nays - 0. ORDINANCE AMENDING LICENSE & TRUNK RATE FEES The City Clerk gave the second reading of a proposed ordinance amending coin-operated amusement device license fees, utility trunk rates, and the Metropolitan Council service availability charge as attached to her memo dated January 10, 2000. Ordinance No. 665 MOTION: of Erickson, seconded by Grendahl, passing amending City Code Section 1-23 by adjusting coin-operated amusement device license fees, to $15.00 per location and $15.00 per device; revising utility trunk rates; and setting the Metropolitan Council service availability charge at $1,100.00. Ayes - 5 - Nays - 0. ORDINANCE AMENDING CEMETERY FEES & CHARGES Mr. Pederson reviewed his memo dated January 10, 2000, describing revised cemetery fees and a new rate structure for the cemetery expansion area and gave the first reading of the amending ordinance. The phase one expansion area provides for three types of burials; traditional lawn burials, cremation lots, and columbarium niches. The proposed fees maintain a differential between resident and non-resident rates for all types of burials. No changes are proposed for lot sales in the original cemetery. Councilmember Grendahl asked that the percentage of lot sales to residents and non-residents continue to be monitored to maintain availability for residents. Councilmember Erickson said any inflationary increases should also be monitored and taken into consideration for annual rate adjustments. Councilmember Goodwin said he agrees with the resident/non-resident differential and suggested increasing it by $100.00. The Council discussed clarifying the definition of resident CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 10 and how it would apply in the case of an immediate family member who might not live in the City now. The Council accepted the first reading. The second reading will be scheduled for the meeting of February 10, 2000. DAN PATCH COMMUTER RAIL CORRIDOR STUDY Mr. Kelley reviewed his memo dated January 7, 2000, concerning the Dan Patch Corridor Commuter Rail Feasibility Study to evaluate using underutilized heavy rail lines in the metro area for commuter rail lines. Apple Valley is requested to make appointments to both the Technical and Policy Committees. The Technical Committee will hold monthly meetings (or meet as needed). The Policy Committee will hold quarterly meetings. MOTION: of Sterling, seconded by Goodwin, appointing City Administrator Lawell to the Dan Patch Commuter Rail Corridor Study Policy Committee. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, appointing Mayor Hamann-Roland to the Dan Patch Commuter Rail Corridor Study Policy Committee. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Hamann-Roland, appointing Assistant Planner Bodmer to the Dan Patch Commuter Rail Corridor Study Technical Committee. Ayes - 5 - Nays - 0. 2000 ACTING MAYOR Resolution No. 2000-22 MOTION: of Sterling, seconded by Hamann-Roland, adopting appointing Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor, for 2000. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated January 10, 2000, with a calendar listing upcoming events. Councilmember Sterling expressed appreciation to City Staff who worked on resolving Y2K issues and staffed the Emergency Operations Center, Fire Stations, and Police Department on New Year’s weekend. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Erickson, to pay the claims and bills, check registers dated December 29, 1999, in the amount of $11,682,351.62; January 5, 2000, in the amount of $920,248.18; and January 12, 2000, in the amount of $866,247.17. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2000 Page 11 MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:00 o’clock p.m.