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HomeMy WebLinkAbout11/24/2009 CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 24, 2009, at 8:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann- Roland; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember LaComb. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Public Works Director Blomstrom, Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Nordquist, Police Captain Rechtzigel, and Human Resources Manager Strauss. Mayor Hamann- Roland called the meeting to order at 8:00 p.m. She thanked the Chamber Singers and Varsity Edition (VE) from Apple Valley High School and Chancel Bells from Rosemount United Methodist Church for performing at the holiday tree lighting ceremony earlier this evening. Everyone took part in the Pledge of Allegiance led by Webelos Robert Beane, Jarett Boraas, Tyler Dodge, Boone Fischer, Tyler Milford, Ben Montgomery, Griffin Skoglund, and Sam Sutcliffe from Den 3, Pack 298. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, moving item 4.D — Resolution Authorizing Submittal of Redevelopment Incentive Grant Application to Community Development Agency (CDA) for Time Square to the regular agenda, removing items 4.N.1 and 4.N.2 — Resolutions Approving Plans and Specifications and Authorizing Advertising for Receipt of Bids for EECBG Grant Lighting Retrofits and HVAC Retrofits Projects, and approving the agenda for tonight's meeting as amended. Ayes - 4 - 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. Mr. Tony Rambaum, 14731 Guthrie Avenue, commented about an event in his neighborhood. He indicated he recorded a City official violating a City ordinance. When a neighbor confronted the official, the official called him profound names. He stated he will not put up with an elected official calling citizens of Apple Valley profound names and asked that the matter be addressed. Mayor Hamann - Roland said she would be happy to hear his concerns and suggested a meeting with the Police Chief. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Page 2 CONSENT AGENDA Mayor Hamann - Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of November 5, 2009, as written. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a new 2009 Fuel Dispensing Facility Permit to Maplewood Amoco, Inc., d/b /a Apple Valley BP, 7510 147th Street W., as described in the City Clerk's memo dated November 20, 2009. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a new 2009 License to Sell Tobacco and Tobacco Products to Maplewood Amoco, Inc., d /b /a Apple Valley BP, 7510 147th Street W., as described in the City Clerk's memo dated November 20, 2009. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -156 approving the revised Lebanon Cemetery Policy, Rules, and Regulations, as attached to the Public Works Director's memo dated November 24, 2009. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -157 approving submittal of Community Roadside Landscaping Partnership Program Grant from Minnesota Department of Transportation. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the application and submittal of the Clean Water Fund Grant Application for construction of Whitney Pond by Black Dog Watershed Management Organization. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing completion of ENERGY STAR Challenge and approving participation in the U.S. EPA Region 5 Climate Change Network. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving payment of the special assessment for the Firearms Training Facility located in Eagan, Minnesota, prior to December 17, 2009, as described in the Finance Director's memo dated November 17, 2009. Ayes -4- Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Page 3 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -158 setting a public hearing, at 8:00 p.m., on December 22, 2009, to consider vacating park, sidewalk, trail, and drainage and utility easements in Cobblestone Lake South Shore Development. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of financial guarantees for Cobblestone Lake South Shore 3rd Addition (erosion controls) from $39,125.00 to $32,750.00, Cobblestone Lake South Shore 3rd Addition (monuments, driveways, trees, and sod) from $54,800.00 to $45,750.00; and the release of financial guarantees for Cobblestone Lake South Shore 3rd Addition (utility and street installations), Paideia Academy NRMP, Haralson Apartments NRMP, Staples (Fischer 8th Addition) NRMP, CVS Prairie Crossing NRMP, as listed in the Community Development Department Assistant's memo dated November 24, 2009. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving early ordering of cab and chassis for two single -axle snowplow trucks from Minnesota Cooperative Purchasing Venture, as described in the Public Works Supervisor's memo dated November 24, 2009. Ayes -4- Nays -0. MOTION: of Goodwin, seconded by Bergman, approving the Encroachment Agreement with Magellan Pipeline Company, in connection with AV Project 2009 -122, 140th Street and Garden View Drive Street Improvements, as attached to the City Engineer's memo dated November 19, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes -4- Nays -0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -159 approving plans and specifications for AV Project 2009 -122, 140th Street and Garden View Drive Street Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on December 22, 2009. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Partners' Agreement with Rice Creek Watershed District (RCWD) for 2010 Membership in Blue Thumb Program, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving acceptance of public improvements related to Project 05 -315, Oakwood Hills Street and Utility Improvements, as described in the City Engineer's memo dated November 19, 2009. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for 2010 Water Treatment Chemicals - Chlorine and Hydrofluorosilicic Acid with DPC Industries, CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Page 4 Inc., in an amount not to exceed $55,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for 2010 Water Treatment Chemicals - Potassium Permanganate with Hawkins, Inc., in an amount not to exceed $12,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the temporary assignment of employee, hiring of the seasonal employees, and resignation of employee, as listed in the Personnel Report dated November 24, 2009. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, setting a special informal City Council meeting, at 4:30 p.m., on December 8, 2009, at the Municipal Center, for the purpose of discussing capital improvement needs, utility rate structure, and 2010 preliminary budget. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CDA REDEVELOPMENT INCENTIVE GRANT APPLICATION Councilmember Bergman said Time Square is vital to what the Council is trying to do in this community relative to Cedar Avenue. He asked if staff looked at developments besides Time Square for the Community Development Agency (CDA) Redevelopment Incentive Grant. He believes the area from Pennock Avenue to Cedar Avenue and from 147th Street to County Road 42 should be looked at. He questioned if staff met with the owners of the properties in that area and if there is additional money available under this grant. He noted the Cedar Avenue corridor redevelopment is scheduled for completion in 2012. He would like to see that these improvements stay within that project time frame. He further stated that it is vital for the community that the whole project gets worked on at one time rather than piece meal. Mayor Hamann- Roland suggested it may be helpful to understand how the CDA constructed this grant application. Councilmember Bergman noted this grant just came out within the last month. It would have been nice to discuss it at an informal meeting, but there was too short notice. Mr. Nordquist stated there are three or four areas in the City identified as priorities either because of the marketplace and /or development actions or the resources that will guide it. He reviewed the redevelopment areas that qualify for redevelopment dollars from the Dakota County CDA. This is the first time in two years that the CDA has made funds available targeted to redevelopment. He noted the funds are not tax dollars but revenues which were created by economic activities of the CDA. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Page 5 Mr. Nordquist said Time Square is part of an entire quadrant staff would like to see redeveloped and Granada Center is part of that. He suggested this is the first phase and additional resources have to be identified. He noted the grant dollars can only be used in the public areas of the shopping center and that it requires the owner's cooperation. In a tough lending environment and a declining retail environment, procuring the matching funds can be difficult. The owner is willing to provide the two for one match necessary to pursue this grant. Staff had conversations with this owner and did not go from owner to owner to identify other uses of these resources. Mayor Hamann -Roland noted it is unusual to have an owner self fund the improvements. Mr. Nordquist said it is unusual for an owner to contribute one -half million dollars without lender assistance particularly in a declining retail environment. However, the owner really wants to revitalize and wants Time Square to be a center point of activity. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2009 -160 approving submittal of Redevelopment Incentive Grant Application to Community Development Agency (CDA) for Time Square, and authorizing the Mayor, City Administrator, and City Clerk to execute the necessary documents. Ayes - 4 - Nays -0. WILD BILL'S SPORTS SALOON ON -SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Apple Valley Grill, LLC, d /b /a Wild Bill's Sports Saloon for an On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales as described in her memo dated November 20, 2009, and noted receipt of the affidavit of publication of the hearing notice. No comments have been received. The restaurant will seat approximately 142 people inside and approximately 34 people on the outside patio. It is located at 15020 Glazier Avenue. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. The owners have indicated the restaurant will open on or about December 14, 2009. Mr. Mike Tupa and Mr. Brian Moe introduced themselves to the Council. Mr. Tupa stated they are excited to come to Apple Valley and proud to say they will employ approximately 50 people from the community. He added that Wild Bill's will be a family- friendly place to eat affordably priced casual American fare in a clean atmosphere. Mayor Hamann- Roland called the public hearing to order at 8:18 p.m. to consider the application by Apple Valley Grill, LLC, d /b /a Wild Bill's Sports Saloon, for an On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:19 p.m. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2009 -161 approving issuance of 2009 and 2010 On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to On -Sale Intoxicating Liquor License and CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Page 6 Special License for Sunday Liquor Sales, for premises located at 15020 Glazier Avenue. Ayes - 4 - Nays - 0. 2010 ON -SALE LIQUOR AND WINE LICENSE RENEWALS Ms. Gackstetter reviewed the list of On -Sale Intoxicating Liquor, Club, Wine, and 3.2 Percent Malt Liquor license renewal applications as attached to her memo dated November 20, 2009, and noted receipt of the affidavit of publication of the hearing notice. No comments have been received. The Police Department completed the background investigations and noted nothing which would preclude renewing the licenses. The Finance Department checked Dakota County tax records and confirmed all taxes are paid. The City Clerk checked the Minnesota Department of Revenue's delinquent taxpayers list and none of the licensees are listed. She also confirmed with the Minnesota Department of Health and the Minnesota Department of Agriculture that the licensees are in compliance. Ms. Gackstetter noted that only the public hearing for renewal of On- Sale 3.2 Percent Malt Liquor licenses will take place this evening. Action on all 3.2 Percent Malt Liquor licenses will take place at the December 10, 2009, meeting. Mayor Hamann- Roland called the public hearing to order at 8:20 p.m. to consider renewal applications for On -Sale Intoxicating Liquor, Club, Wine, and 3.2 Percent Malt Liquor licenses for the year 2010. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:21 p.m. MOTION: of Bergman, seconded by Goodwin, approving renewal, for 2010, of On -Sale Intoxicating Liquor, On -Sale Club Intoxicating Liquor, Special License for Sunday Liquor Sales, and On -Sale Wine licenses, subject to receipt of the necessary fees and documents, by adopting Resolutions No. 2009 -162 for Apple Restaurants North, LLC, d /b /a Applebee's Neighborhood Grill & Bar; No. 2009 -163 for Blazin Wings, Inc., d /b /a Buffalo Wild Wings Grill & Bar; No. 2009 -164 for El Azteca Apple, Inc., d /b /a El Azteca Mexican Restaurant; No. 2009 -165 for El Toro of Apple Valley, Inc., d /b /a El Toro Mexican Restaurant; No. 2009 -166 for H.O.C., Inc., d /b /a Rascals -Apple Valley -Bar & Grille; No. 2009 -167 for Hiraku Japanese Restaurant, Inc., d /b /a Kami Japanese Restaurant; No. 2009 -168 for Lancer Food Service, Inc.; No. 2009 -169 for Majors Sports Cafe of Apple Valley, Inc., d /b /a Majors Sports Bar; No. 2009 -170 for Osaka Japanese Restaurant, Inc., d /b /a Osaka Seafood & Steakhouse; No. 2009 -171 for Red Robin International, Inc., d/b /a Red Robin America's Gourmet Burgers and Spirits; No. 2009 -172 for Rich Management, Inc., d/b /a Apple Place; 2009 -173 for RT Minneapolis Franchise, LLC, d /b /a Ruby Tuesday; No. 2009 -174 for UASANDERS, LLC, d /b /a Panino Brothers; No. 2009 -175 for Wadsworth Old Chicago, Inc., d /b /a Old Chicago; No. 2009 -176 for Water's Edge Restaurant, LLC, d /b /a Enjoy!; No. 2009 -177 for Apple Valley American Legion Post 1776; No. 2009 -178 for Chipotle Mexican Grill of Colorado, LLC, d /b /a Chipotle Mexican Grill; No. 2009 -179 for D & D of Minnesota, Inc., d /b /a Famous Dave's BBQ Shack; No. 2009 - 180 for Song Long, CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Page 7 Inc., d /b /a Song Long; and No. 2009 -181 for The Noodle Shop Company - Colorado, Inc., d /b /a Noodles & Company. Ayes - 4 - Nays - 0. STAFF COMMUNICATIONS Mr. Lawell said beginning next week residents will receive the winter issue of the CityNews. He highlighted articles on the census, the Better Energy (BE) program, and Public Works winter operations. He noted the flip side of this quarterly publication includes Parks and Recreation activities. He then complimented the Parks and Recreation staff for putting the publication together. Mayor Hamann- Roland acknowledged the CityNews as an excellent way to receive information about the City and recreational programs. In addition, the Living Longer and Stronger in Dakota County will recognize the Apple Valley Parks Department next Friday with an award for its hiring practices relative to older workers. She congratulated staff for winning this award. COUNCIL COMMUNICATIONS Mayor Hamann- Roland said Apple Valley was named 24th best city in America by Money Magazine, and she thinks part of the reason is the City's excellent staff. Apple Valley's staff represents the City so well in the community and Thanksgiving reminds us to be thankful for the work they do. Mayor Hamann -Roland then pointed out Apple Valley made the national news again in the American City & County Magazine in an article titled "Sustainonomics ", which highlights interest in green projects which produce a positive bottom line. There is a picture of the Municipal Center in the magazine and the Municipal Center is highlighted in the article. She thanked the staff and citizens who help make this community great and wished everyone a happy Thanksgiving. Councilmember Grendahl stated the Livable Communities Advisory Committee wrapped up its work last week and the suburbs did not have any projects in this year. She believes she made strides in helping other committee members realize redevelopment is going to be important issue for suburbs as well as Minneapolis and St. Paul. She suggested the suburbs look at projects which may fit in next year. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk's memo dated November 20, 2009, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 2009 Page 8 CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated November 10, 2009, in the amount of $347,514.54; and November 19, 2009, in the amount of $1,215,518.95. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:29 o'clock p.m. Respectfully Submitted, P c 0. Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 12 -10 -09 .