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HomeMy WebLinkAbout05/13/2004CITY OF APPLE VALLEY Dakota County, Minnesota May 13 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 13th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - R oland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None . City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick , Police Captain Anglin, Finance Director Ballenger, Ass oc iat e Planner Bodmer, Ass oc iat e Planner Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lo velace, Human Resources Manager Strauss , and Fire Chief Wassmund . Mayor Hamann - Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of G rendahl , seconded by Erickson , app roving the agenda for tonight’s meeting as amende d . 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. Randy Peders e n reminded everyone that the Chamber’s Grand Cabaret fund raiser is May 21, 2004, at 7:00 p.m. at Dakota County Western Service Center. Tickets are still available at the Chamber of Commerce office. CONSENT AGENDA MOTION: of Bergman , seconded by Goodwin , approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman , seconded by Goodwin , approving the minutes of the regular meeting of April 22nd , 200 4 , as written. Ayes - 4 - Nays - 0 ( Erickson Abstained). MOTION: of Be rgman, seconded by G oodwin , proclaiming May 16th through 2 2nd , 2004, as “ Public Works Week ” and encouraging citizens to acquaint themselves with the issues involved in providing public works services and programs and to recognize CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2004 Page 2 th e contributions that pub lic works employees make to the community . Ayes - 5 - Nays - 0. Resolution No. 2004 - 92 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a 199 0 Chevrolet automobile from Brian K. Benson, 6875 West 133rd Street , for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2004 - 93 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1990 Ford van, valued at $1,200.00, from Patricia A. Schesso, 5683 - 139th St reet Court, for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2004 - 9 4 MOTION: of Bergman , seconded by Goodwin, adopting a ccepting, with thanks, the donation of a playground spring rider, valued at $1,000.00, from Frederic Co ntino, 12109 Grandview Terrace, to be placed in Cedar Knolls Park . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a temporary license for an outdoor special event to H.O. C., Inc., d/b/a Rascals Apple Valley Bar & Gri ll, on June 25, 2004, from 5:00 p.m. to 12:00 midnight, for use in the parking lot at 7721 West 147th Street; and approving temporary street closings for a car show, with conditions, as described in the City Clerk’s memo dated May 10, 2004. Ayes - 5 - Nay s - 0. MOTION: of Bergman, seconded by Goodwin, approving continued participation in the cooperative agreement for the Dakota County Community Development Block Grant (CDBG) entitlement program for Federal fiscal years 2005 through 2007 as described in th e Community Development Director ’s memo dated May 6 , 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving a setback variance to allow construction of an addition to an existing garage to within 18 feet of the street side lot line on Lot 7, Block 2, Summerfield (13913 Drommond Trail) as recommended by the Planning Commission . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving a variance to allow construction of an addition to a house resulting in building cov erage of 22.2 percent of the lot on Lot 14, Block 2, Apple Ponds (7249 West 158th Street) as recommended by the Planning Commission . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2004 Page 3 Resolution No. 2004 - 95 MOTION: of Bergman, seconded by Goodwin, adopting approving the final plat an d Development Agreement for Cedar Knolls 2nd Addition and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin, approving the Planned Development Agreement for Harmony Commons with Pedersen W ensmann, LLC, and New Century, Inc., incorporating Planned Development Designation No. 739, as attached to the Associate Planner’s memo dated May 10, 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 96 MOTION: of Bergman , seconded by Goodwin, adopting approving the final plat and Development Agreement for Harmony Commons and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin, approvi ng the Joint Powers Agreement with the City of Burnsville for harvesting curlyleaf pondweed in Keller Lake as attached to the Natural Resources Coordinator’s memo dated May 13, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Na ys - 0. MOTION: of Bergman, seconded by Goodwin, a pproving the Joint Powers Agreement with the City of Burnsville for construction of an interconnection of the Cities’ water systems, Project 03 - 232, as attached to the4 Utilities Superintendent’s memo date d May 13 , 200 4 , and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 97 MOTION: of Bergman, seconded by Goodwin, a dopting establishing a Sidewalk Inspection, Repair, and Replacement Policy and approving proc edures for implementation . Ayes - 5 - Nays - 0. Resolution No. 2004 - 98 MOTION: of Bergman, seconded by Goodwin, a dopting prohibiting parking on the south side of Palomino Drive from Pennock Avenue to a point 200 feet west of the service road’s west entran ce, except adjacent to Palomino Park; and on the north side from Pennock Avenue to a point 150 feet west of Sabra Court . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement with Champion Coatings, Inc., for Hydrant Recond itioning Services, in an amount not to exceed $20,000.00, as attached to the Public Works Superintendent’s memo dated May 13, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving a change order to the contract with Budget Sandblasting & Painting, Inc., for Reconditioning Ring Route Light Poles , CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2004 Page 4 in the amount of an additional $2,186.00; accepting the contract as final, and authorizing final payment in the amount of $13,186. 00 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving an Intergovernmental Agreement with the Metropolitan Council for the 2004 Citizen Assisted Lake Monitoring Program (CAMP) on Lake Alimagnet, Farquar Lake, and Long Lake as attach ed to the Natural Resources Coordinator’s memo dated May 13, 2004, and authorizing the Mayor an d City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a pproving a Contract with Dan Bale as Team Leader for the 2004 Wet land Health Evaluation Pro gram, at a cost of $2,000.00, as attached to the Natural Resources Coordinator’s memo dated May 13, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a pproving hiring the part - time and seasonal employees as listed in the Personnel Report and Addendum dated May 13 , 200 4 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Collateral Assignment of Development Agreement for Lot 1, Block 1, The Legacy of Apple Valley 2nd Addition, as attached to the Associate Planner’s memo dated May 13, 2004 and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. END OF CONSENT AGENDA WORLD WAR II VETERANS RECOGNITION DAY Lloyd Cybart, of American Legion Post 1776, invited everyone to attend a program in observance of the National World War II Memorial dedication in Washington, D.C. on May 29, 2004. The American Legion will host a telecast and program from 12:00 noon to 3 :00 p.m. Glen Jenneke, Jim Downey, and Mel Rose, World War II veterans, were also present and commented on the importance of this M emorial. MOTION: of Grendahl , seconded by Erickson, proclaiming May 29, 2004, as “World War II Veterans Recognition Day” an d encouraging citizens to observe the Memorial dedication and express their gratitude to the veterans . Ayes - 5 - Nays - 0. MEMORIAL DAY PROCLAMATION Representative Chris Gerlach, on behalf of American Legion Post 1776 , read a proclamation for “Memorial Day” on May 31 , 200 4 . He invited everyone to breakfast, at 8 : 3 0 a.m., at the Legion Post, and to attend the Legion’s memorial ceremony at Apple Grove Park, near Fire Station No. 1, at 11:00 a.m. Glen Jenneke will be this year’s keynote speaker at the ce remony. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2004 Page 5 MOTION: of Goodwin , seconded by Erickso n, acknowledging the Federal Proclamation of May 31 , 200 4 , 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. ENJOY! RESTAURANT ON - SALE LIQUOR LICENSE Mayor Hamann - Roland called the public hearing to order at 8:20 p.m. to consider the application of Water’s Edge Restaurant, LLC, d/b/a Enjoy!, for on - sale liquor and special Sunday liquor lic enses and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the application as described in her memo dated May 10, 2004. The licensed premises is a new restaurant under construction at 15435 Founders Lane. The location also requires a Conditional Use Permit on which the Planning Commission held a public hearing April 7 , 2004, and recommended approval. Francois Paradeise , representing the applicant, was present and commented on the restaurant. He said they anti cipate opening around the end of June and thanked everyone for their support . The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:2 3 p.m. Resolution No. 2004 - 99 MOTION: of Bergman, seconded by G rendahl , adopting approving a Conditional Use Permit to allow on - sale liquor in conjunction with a Class I restaurant on Lot 2 , Block 1, The Legacy of Apple Vall e y 3rd Addition, subject to barriers delineating outdoor seating areas a nd gates controlling access , and other conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2004 - 100 MOTION: of Goodwin , seconded by Bergman, adopting approving issuance of 2004 on - sale liquor and special Sunday liquo r licenses to Water’s Edge Restaurant, LLC, d/b/a Enjoy! , for premises on Lot 2 , Block 1, The Legacy of Apple Valley 3rd Addition , with outdoor seating on the north and east sides of the building, subject to completion of the building. Ayes - 5 - Nays - 0 . MIDTOWN VILLAGE COMMUNITY CENTER Mr. Lovelace reviewed the Planning Commission recommendation on a building permit for a 4,162 square - foot Community Center in Midtown Village located south and east of 145th Street and Foliage Avenue. The site includes an outdoor pool, patio, basketball and volleyball courts, and children’s play area for the 272 - unit multiple residential development. Terry Wensmann, the developer, was present to answer questions . Reso lution No. 2004 - 101 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of Midtown Village Community Center on Lot 1 , Block 3 , Wensmann 13th Addition, CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2004 Page 6 with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. LEGACY VILLAGE NORTH Mr. Lovelace reviewed the Planning Commission recommendation on the proposed Legacy of Apple Valley North, a 25 - acre site north of 153rd Street between Galaxie and Foliage Avenues. The preliminary plat proposes subdividin g the site into 14 lots and one outlot for 211,840 square feet of commercial/office/retail space, 506 multi - family residential dwelling units, and a 2.98 - acre park. Outlot A and Fresco Terrace plaza (with a 60 - foot width) will be dedicated for public park land use . The size of perimeter easements on Lots 1 and 2, Block 2, Blocks 5 and 6 and Block 9 and 10 should be reduced to five feet on the final plat. Mr. Lovelace reviewed the draft overall site plan for illustrative purposes only. At this time buildi ng permits are requested for only two of the office building lots. They will be two - story buildings , with entrance area lofts at a third story height , and underground parking . The landscape plans will be modified to include two infiltration areas to capt ure the first half - inch of rainfall on site. Glen Van Wormer, the City’s Traffic Consultant, was present and said street designs will be modified as recommended. Design details to accommodate parking will be able to be included in the public street const ruction. Councilmember Grendahl said the developer indicated final approval was needed at the next meeting for it to be able to close on the property. She asked whether that could be done. Mr. Lovelace and Mr. Dougherty said now that park dedication has been determined, the development agreement should be able to be completed. Bill Griffith, representing the developer, said they would work with Staff and the Attorney to have everything completed for the May 27, 2004, meeting. Resolution No. 2004 - 102 MOTION: of Grendahl, secon ded by Bergman, adopting approving the preliminary plat of The Legacy of Apple Valley North, with Fresco Terrace 60 feet wide; perimeter easements on Lots 1 and 3, Block 2, and Blocks 5, 6, 9, and 10 five feet wide; and other condit ions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2004 - 103 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of building permits for two commercial buildings on Lot 1, Bl ock 9, and Lot 1, Block 10, The Legacy of Apple Valley North, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2004 Page 7 Resolution No. 2004 - 104 MOTION: of Bergman, seconded by Grendahl, adopting ordering preparation of a preliminary feasibility report by the City Engineer for Project 02 - 196. The Legacy of Apple Valley North Utility and Street Improvements . Ayes - 5 - Nays - 0. FARMERS MARKET OPERATION Mr. Kelley reviewed his memo dated May 10, 2004, describing a proposal for a Far mers Market operation at the Municipal Center. The St. Paul Growers Association would operate the outdoor market on Saturdays, from 7:00 a.m. to 1:00 p.m., June 26 through September 25, 2004 . MOTION: of Erickso n, seconded by Grendahl, making a finding th at a farmers market is a use meeting the intent and purpose of an Institutional zoning district, as described in the Community Development Director’s memo dated May 10, 2004. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a Lice nse Agreement with St. Paul Growers Association, Inc., to operate a farmers market at the Municipal Center parking lot (Lot 2, Block 1, Western Service Center) , from June 26 to September 25, 2004, as attached to the Community Development Director’s memo da ted May 10, 2004 , and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. ORDINANCE AMENDING REFUSE COLLECTION REQUIREMENTS M s . Bodmer reviewed her memo dated May 6, 2004, and gave the first reading of an ordinance amending City Code Section s 50.02 and 50.04 regarding refuse collection. The amendment would allow yard waste only to be placed at the curb for collection. All other refuse and recyclables would continue to be collected from a location adjacent to the garage. It woul d also eliminate the requirement for haulers to report customers who place their containers in a location other than adjacent to the garage to the City. The Council accepted the first reading. The second reading will be scheduled for May 27 , 2004 . COMMU NICATIONS & CALENDAR The Council received a memo dated May 1 0 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman , seconded by Goodwin , to pay the claims and bills, check registers dated April 28 , 200 4 , in the amount of $ 294,342.06; May 5, 2004, in the amount of $4,458,962.19 ; and May 12 , 200 4 , in the amount of $ 3,138,794.05 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 2004 Page 8 CLOSE MEETING, LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it c ould hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of Erickson, seconded by Bergman, to enter into a closed meeting and convene in closed session to discuss LELS Patrol Officer union labor ne gotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 9:20 p.m. In attendance were Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; Human Resources Manager Strauss, Labor Consultant Madden, C ity Administrator Lawell, City Clerk Mueller, Police Chief Johnson and Police Captains Anglin and Lohse. The meeting was tape recorded as required by law. The Council reconvened in open session at 9:50 p.m. MOTION: of Bergman , seconded by G rendahl , to a djourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9 : 5 1 o’clock p.m.