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HomeMy WebLinkAbout05/11/2000CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 11th, 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 Hills, City Engineer Gordon, Police Chief Erickson, Acting Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, and Fire Chief Wassmund. 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 Sterling approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of April 27th, 2000, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, proclaiming May 11, 2000 as “Equa l Pay Day” in recognition of the value of women’s skills and significant contributions to the labor force and working families. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, proclaiming May 14-20, 2000, as “Emergency Medical Services Week” and urging citizens to become educated about injury prevention and how to respond to medical emergencies. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Page 2 Resolution No. 2000-104 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of a Mobile-Vision In-Car Video System-7 from the Minnesota Department of Public Safety Office of Traffic Safety for use by the Police Department. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving participation in the Dakota County Wetland Health Evaluation Project for 2000 as described in the Natural Resources Coordinator’s memo dated May 11, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement with Dan Bale for Wetland Health Evaluation Project Services as attached to the Natural Resources Coordinator’s memo dated May 11, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, granting a setback variances to allow construction of a house addition to within 24 feet of the front lot line and placement of an accessory building to within one foot of the side lot line on Lot 5, Block 5, Greenleaf 11th Addition (4891 West 142nd Street), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-105 MOTION: of Grendahl, seconded by Sterling, adopting receiving the preliminary engineering report for Project 98-813, (Part A) Prairie Crossing Commercial Utility and Street Improvements and (Part B) Central Sanitary Sewer Trunk, and setting a public hearing on it, at 8:00 p.m., on June 8, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-106 MOTION: of Grendahl, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Project 98-813, (Part A) Prairie Crossing Commercial Utility and Street Improvements and (Part B) Central Sanitary Sewer Trunk. Ayes - 5 - Nays - 0. Resolution No. 2000-107 MOTION: of Grendahl, seconded by Sterling, adopting receiving the preliminary engineering report for Project 00-125, Summerfield Townhomes (Myers Property) Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on June 8, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-108 MOTION: of Grendahl, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Project 00-125, Summerfield Townhomes (Myers Property) Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 2000-109 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications Project 00-129, Construction of a Salt Storage Building at CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Page 3 the Central Maintenance Facility, and authorizing advertising for receipt of bids, at 2:00 p.m., on May31, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling , approving release of a financial guarantee for Galaxie Car Wash, from $3,750.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Energy Service Agreement with Reliant Energy Retail, Inc. (Minnegasco), for discount natural gas pricing at the Central Maintenance Facility, Ice Arena No. 1, and the Outdoor Aquatic Center, as attached to the Public Works Supervisor’s memo dated May 11, 2000; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, continuing the public hearing on Project 98- 810, Orchard Pointe Addition Utility and Street Improvements, to May 25, 2000, at 8:00 p.m., as requested in the City Engineer’s memo dated May 8, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the one-year Renewal Agreement for Safety Program Services with SafeAssure Consultants, Inc., as attached to the Human Resources Manager’s memo dated May 11, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees, as listed in the Personnel Report and Addendum dated May 11, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA POPPY DAYS PROCLAMATION Shirley Blix and Pody Corcoran, of the American Legion Auxiliary Poppy Committee, were present. Ms. Blix read a proclamation, proclaiming May 19 and 20, 2000, as “Poppy Days”. The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION: of Erickson, seconded by Sterling, proclaiming May as “Poppy Month” and May 19-20, 2000, as “Poppy Days” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 - Nays - 0. MEMORIAL DAY PROCLAMATION CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Page 4 Chris Gerlach and Vern Yetzer, of American Legion Post 1776 were present. Mr. Gerlach read a proclamation for “Memorial Day” on May 29, 2000. They invited everyone to attend the Legion’s memorial ceremony at Apple Grove Park, near Fire Station No. 1, at 11:00 a.m. MOTION: of Erickson, seconded by Grendahl, acknowledging the Federal Proclamation of May 29, 2000, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. GARDEN VIEW DRIVE AD HOC ADVISORY COMMITTEE ON TRAFFIC Mr. Lawell reviewed his memos, dated May 8 and May 11, 2000; describing formation of an Ad Hoc Advisory Committee to address traffic concerns in the area of Garden View Drive. Applications from eight citizens have been received thus far for ten citizen positions. He reviewed options for the Council to consider; extending the application period, appointing those who have applied and continuing to recruit citizens, or appointing only those who have applied and proceeding with a smaller committee. MOTION: of Grendahl, seconded by Sterling, extending the period for accepting applications to the Garden View Drive Ad Hoc Advisory Committee on Traffic from citizens in under-represented areas until May 25, 2000; and appointing Lloyd Lawrence, Denise Louis, Richard Berg, Mark Heieren, Gary Shade, Peg Smith, Arthur Zimmerman, and Jeff Loch to the Committee as listed in the City Administrator’s memo dated May 11, 2000. The Council discussed areas under represented and encouraged citizens from the area north of County Road 42 and northwest and northeast of Whitney Drive and Garden View to apply. They also expressed concern about a lack of applicants from Hyland Avenue/Drive, Harwell Avenue, and Harmony Way and agreed the composition of the committee could be altered to include citizens from these streets. Mr. Lawell noted that Richard Berg expressed some concern about his ability to attend all meetings and indicated he is willing to be an alternate. Other members of the committee will be John Bergman, of the Planning Commission; Dave McKeag, of Valley Middle School; and Mayor Hamann-Roland and Councilmember Grendahl. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Lawell said the first committee meeting will be scheduled for the last week in May or first week in June. The Council can consider appointing additional members to the committee at its May 25th meeting. He and Mr. Van Wormer have discussed use of a facilitator for the committee and will provide further information for the Council to consider. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Page 5 PERKINS RESTAURANT & BAKERY WINE & BEER LICENSES Mayor Hamann-Roland called the public hearing to order, at 8:22 p.m., to consider the application of The Restaurant Company, d/b/a Perkins Restaurant & Bakery, for on-sale wine and beer licenses, and noted receipt of the affidavit of publication of the hearing notice. The existing restaurant, at 7620 West 150th Street, has been remodeled and would like to add this beverage service to its menu. The applicant meets the requirements for licensing as described in the City Clerk’s memo dated May 8, 2000. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:23 p.m. Resolution No. 2000-110 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing issuance of On-Sale Wine and On-Sale 3.2 Percent Malt Liquor Licenses to The Restaurant Company, d/b/a Perkins Restaurant & Bakery, for premises located at 7620 West 150th Street, in Apple Valley Square; subject to approval of the wine license by the Minnesota Commissioner of Public Safety. Ayes - 5 - Nays - 0. EASEMENT VACATION, OLSON FIRST ADDITION Mayor Hamann-Roland called the public hearing to order, at 8:24 p.m., to consider vacating a drainage and utility easement on Lot 1, Block 1, Olson First Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated May 5, 2000, describing the section of easement to be vacated along the former line between Lots 3 and 4, Block 1, The Woods 2nd Addition. The lot line was relocated and the two lots replatted as Olson First Addition. The owners are now requesting vacation of the easement along the old lot line. No utilities are affected and new easements have been provided on the new plat. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed, at 8:27 p.m. Resolution No. 2000-111 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of an unneeded drainage and utility easement on Lot 1, Block 1, Olson First Addition, and authorizing the Clerk to file the necessary documents with Dakota County. Ayes - 5 - Nays - 0. PROJECT 00-127, STORM SEWER POND EVR-P44 The Mayor convened the continued public hearing on Project 00-127, Storm Sewer Pond EVR- P44, at 8:28 p.m. Mr. Gordon noted the hearing was originally opened March 9, 2000, and continued pending negotiations to have the property owner construct the pond and deed it to the City. Original reclamation plans for the sand and gravel mine northeast of 160th Street and Pilot Knob Road proposed a larger lake area. The ponding area has been reduced in size due to less mining than anticipated and rising land values. A 36-acre pond is now proposed with a total of 44 acres for “bounce” in the event of a 100-year storm. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Page 6 The pond will complete the storm sewer system in the eastern part of the City as well as provide an amenity for the surrounding Cobblestone Lake development. The area around the pond will be publicly owned and be surrounded by a pathway. An agreement detailing acquisition and construction has been prepared. The Agreement provides for payment in the form of required pond and park dedication and credit toward future storm sewer assessments. No public money will be involved in the construction. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:37 p.m. It was noted that this will not proceed as a public project and is cancelled. MOTION: of Sterling, seconded by Erickson, approving the Restoration and Subdiv ision Agreement with Nordic Square Limited Partnership and Cobblestone Lake Development, LLC, for acquisition and construction of a 36-acre storm water pond located northeast of 160th Street and Pilot Knob Road, as attached to the City Engineer’s memo dated May 8, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. REGATTA 3RD ADDITION Mr. Lovelace reviewed his memo dated May 8, 2000, describing a decision on the need for an Environmental Impact Statement (EIS) for the proposed Regatta 3rd Addition located north of 160th Street between Flagstaff and Foliage Avenues. Because of the number of housing units proposed, preparation of an Environmental Assessment Worksheet was required. The review determined that a full EIS is not needed. Resolution No. 2000-112 MOTION: of Grendahl, seconded by Erickson, adopting making a negative declaration on the need for preparation of a complete Environmental Impact Statement for the development known as Regatta 3rd Addition. Ayes - 5 - Nays - 0. Ordinance No. 672 MOTION: of Erickson, seconded by Grendahl, passing amending Planned Development Designation No. 632, Zones 3, 4, 6, and 7, for mixed residential uses and allowing apartment and neighborhood oriented commercial uses; and rezoning Regatta 3rd Addition within these zones, as recommended by the Planning Commission. Councilmember Sterling asked about the availability of open space in the development and any proposal for the apartment site. Mr. Lovelace said the planned development includes a 10-acre park at the northeast corner of Regatta 2nd Addition. A developer is considering a three-story apartment building, with two-story townhomes on each end, for CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Page 7 Outlot C. Some neighborhood oriented commercial uses would be allowed on the first floor of such a building. Councilmember Goodwin asked if residential performance standards can be developed before a decision needs to be made on any proposal for the outlot? Mr. Kelley said because this is a planned development, the City has more control than in other zones. Sketch plans developed thus far indicate the proposal will meet standards the Council and Planning Commission have discussed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed his memo dated May 11, 2000, concerning construction of Foliage Avenue in connection with development of Regatta 3rd Addition. The adjacent property owner to the west has now indicated that in addition to receiving a deferred assessment for the cost of construction they also wish to be paid for half the right-of-way. Discussions are continuing with the property owner to the north about extending Foliage to County Road 42. As these issues are resolved, it may be necessary to come back with an amendment to the subdivision agreement for Regatta 3rd Addition. Resolution No. 2000-113 MOTION: of Erickson, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Regatta 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a Natural Resources Management Permit for subdivision grading of Regatta 3rd Addition as recommended by the City Engineer in his memo dated May 8, 2000. Ayes - 5 - Nays - 0. LIQUOR STORE NO. 2/PDQ STORE EXTERIOR RENOVATION Wayne Hilbert reviewed plans for renovating the exterior of the building where Liquor Store No. 2 and the PDQ Store are located. Existing wood siding will be replaced with stucco-type material and brick as described in the Assistant to the City Administrator’s memo dated May 8, 2000. The PDQ Store will pay for its share of the construction costs. Resolution No. 2000-114 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for Liquor Store No. 2/PDQ Store Exterior Renovation and authorizing advertising for receipt of bids, at 2:00 p.m., on June 1, 2000. Ayes - 5 - Nays - 0. UPDATE ON MUNICIPAL CENTER CONSTRUCTION PROJECT CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2000 Page 8 Mr. Hilbert gave a brief progress report on the Municipal Center construction project. Portions of the footings are completed. A borrow pit was found on the site during excavation and that material needed to be replaced. They are now dealing with relocation of the generator to the south side of the Police facility. COMMUNICATIONS & CALENDAR The Council received a memo dated May 8, 2000, with a calendar listing upcoming events. Mayor Hamann-Roland noted that an open house on the Cedar Avenue Corridor Study will be held at the Western Service Center on May 24, 2000, from 5:00 to 8:00 p.m. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated May 3, 2000, in the amount of $1,978,991.03; and May 10, 2000, in the amount of $4,213,920.51. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:04 o’clock p.m.