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HomeMy WebLinkAbout02/25/1999CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 25th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Police Chief Erickson, Assistant to the City Administrator Grawe, Code Enforcement Officer Hammerstad, Building Official Hanson, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski, and Administrative Intern Pederson. 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 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. Penelope Curry, representing the Celebrating Apple Valley Youth planning group of the Healthy Communities Collaborative, was present along with John Raiche, Shannon Fraufto, and Sue Englund. She reported on the Town Meeting, held February 2nd, which involved an intergenerational dialogue on the topic of respect. The planning group will include ideas generated from that dialogue in asset building for the future. Anyone interested in future activities can call (612) 985-4090, ext. 5060, for information. 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 meeting of February 11th, 1999, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 2 MOTION: of Grendahl, seconded by Goodwin, approving the Apple Valley Tourism Bureau’s 1999 budget, of $28,000.00, as attached to the Assistant to the Administrator’s memo dated February 22, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the expenditure of $2,0 00.00 for the 1999 Ring-Around-the-Arts Festival, scheduled for September 18 and 19, 1999; as described in the Park & Recreation Director’s memo dated February 22, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing promotional items for 1999 senior class parties at Apple Valley, Rosemount, Eastview, and School of Environmental Studies, as described in the Park & Recreation Director’s memo dated February 22, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin , authorizing continuation of the commission and committee recognition program for 1999, providing up to $720.00 of certain park and recreation services; as described in the Park & Recreation Director’s memo dated February 22, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-32 MOTION: of Grendahl, seconded by Goodwin, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Inver Hills Community College Foundation, for a raffle, at Valleywood Golf Course, on May 24, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a Temporary On-Sale Liquor License, by State Liquor Control, to the Burnsville Area Society for the Arts, for use on April 25, 1999, at Dakota County Western Service Center. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving John T. Nermyr as the Operating Officer in connection with the On-Sale Wine and Beer Licenses issued to D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack; as described in the City Clerk’s memo dated February 22, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-33 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on March 25, 1999, on the application of Buffalo Wild Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, for On-Sale and Sunday Liquor Licenses, in Cedar Marketplace Addition. Ayes - 5 - Nays - 0. Resolution No. 1999-34 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 99-809, Avsur Acres Utility and Street CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 3 Improvements, and authorizing advertising for bids to be received, at 2:00 p.m., on March 18, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-35 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for a Fire Truck with 75-Foot Ladder and Other Equipment and authorizing advertising for bids to be received, at 2:00 p.m., on April 8, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-36 MOTION: of Grendahl, seconded by Goodwin, a dopting awarding the contract for Project 98-816, Traffic Signal Improvements on 140th Street at Johnny Cake Ridge Road and Flagstaff Avenue, to Egan McKay Electric, the low bidder, in the base amount of $254,906.00. Ayes - 5 - Nays - 0. Resolution No. 1999-37 MOTION: of Grendahl, seconded by Goodwin, adopting prohibiting parking on both sides of County Road 31 (Pilot Knob Road) between County Road 33 (Diamond Path) and 160th Street. Ayes - 5 - Nays - 0. MOTION: of Grendahl, secon ded by Goodwin, finding that the Agreement to Plat, dated September 6, 1996, for Cedar Marketplace Addition has been satisfied and authorizing the City Clerk to execute the necessary documents, as described in the Community Development Director’s memo dated February 18, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the expenditure of up to $95,000.00 from the Park Dedication/Maintenance Fund for 1999 projects as described in the Park & Recreation Director’s memo dated February 22, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving renewal, for the period 1999-2000, of insurance with the League of Minnesota Cities Insurance Trust, at a total premium of $391,832.00, as described in the Finance Director’s memo dated February 22, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated February 25, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CARLSON VOLUNTEER RECOGNITION Tara Carlson, 14945 Dundee Avenue, a member of Girl Scout Troop 551 and student at Eastview High School; was recognized by the Council for being a finalist in the Prudential Spirit of Community Awards. She was present and described her project of providing 200 under CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 4 privileged children, at a Fresh Air summer camp in New Jersey, with backpacks filled with school supplies. She described how she raised funds for the project, obtained the supplies, and delivered the backpacks to the children. She also delivered 30 backpacks to children, in St. Peter, who needed assistance following last spring’s tornado damage. The Mayor and Council commended her for the work and proclaimed February 25th as a recognition day in her honor. WAL-MART CONDITIONAL USE PERMITS Mr. Kelley reviewed the report on conditional use permits for outdoor storage, display, and sales at the Wal-Mart store. When the project was approved, permits for the permanent, fenced, outdoor garden store and temporary seasonal garden store, on the north side of the main entry drive, were also approved. Action on permits for a south temporary seasonal garden store area and outdoor storage, at the rear of the building, was withheld until the building was completed. The issue has come up now that the store is open and unitized storage trailers, cardboard bales, and shipping pallets are being kept on the site. Once construction was complete, the storage trailers were to have been removed. A letter from Rita Morgan, Store Manager, outlining the proposed activities, was received by the City today. The letter requests sidewalk sales areas in the front of the store in addition to the other items. Mr. Kelley noted the sidewalk sales areas were not part of the original request and the Council would not be able to act on that request if it wished to consider the other permits at this time. Councilmember Erickson expressed concern about rushing a decision on the request since it was received at City Hall late this afternoon and it was not on the agenda. He would like time to read the material and look at the store. Councilmember Goodwin concurred and said Mr. Kelley has really not had an opportunity to review the request before tonight either. Mayor Hamann-Roland said, since there may not be another Council meeting until the end of March, should the storage be allowed to continue until the Council has a chance to act. Councilmember Erickson said they are in violation of the ordinance and the issue needs to be addressed. Councilmember Sterling said if three trailers and other items are going to be allowed at the rear of the store for a month, the Council should be specific about what will be allowed so the Code Enforcement Officer can enforce the storage. Councilmember Goodwin said when the store was being built, they knew something would be stored in the rear area, but they did not get around to making a request. He understands their purpose is running a business and would like to work with them. Mr. Kelley said the understanding is that three storage trailers, cardboard bales, and shipping pallets can continue to be stored in the rear screened area until the Council acts on the request for conditional use permits. A further condition is that stored items must be placed in neat organized rows and the premises kept free of trash and other debris. CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 5 MOTION: of Erickson, seconded by Goodwin, tabling further consideration of Conditional Use Permits for Wal-Mart until the City Council’s next regular meeting. Ayes - 5 - Nays - 0. HRA CHASEWOOD FAMILY TOWNHOMES Mr. Kelley reviewed his memo dated February 19, 1999, describing agreements for financial assistance for the HRA Chasewood Family Townhomes located at 155th Street and Gaslight Drive. The development qualifies for a grant under the Metropolitan Livable Communities Act. Because the Dakota County HRA will be carrying out the housing program on behalf of the City, the agreements will assign funding to the HRA. MOTION: of Erickson, seconded by Sterling, approving a Grant Agreement wi th the Metropolitan Council for $180,000.00 of Local Housing Incentive Account Funds, under the Livable Communities Act, for the HRA Chasewood Family Townhomes; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Assignment and Assumption of Grant Agreement with the Dakota County HRA for $180,000.00 of Local Housing Incentive Account Funds, under the Livable Communities Act, for the HRA Chasewood Family Townhomes; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. SAND & GRAVEL EXCAVATION PERMITS Mr. Kelley reviewed his memo, dated February 19, 1999, concerning renewal of annual excavation permits for commercial sand and gravel mining operations. Both Barton Sand & Gravel and CAMAS, Inc., have requested no changes from last year. Fischer Sand & Aggregate is requesting modification to allow temporary extended hours, from 6:00 p.m. to 6:00 a.m., Monday through Saturday, from April through October. The request is in anticipation of obtaining subcontractor work on the airport runway construction project and is similar to the extended hours requested by CAMAS last year. Mayor Hamann-Roland asked if trucks hauling in connection with the airport project on Cedar Avenue and County Road 42 during rush hour traffic should be addressed? John Ericson, of Fischer, was present and said though the extended hours request would allow 24-hour a day operation, the trucks would usually run in 10-hour shifts. Fischer would not be a prime contractor on the project and would be working with other contractors. In general, most contractors want to avoid operating trucks during rush hour traffic. CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 6 MOTION: of Grendahl, seconded by Sterling, approving renewal of the 1999 Commercial Extraction Permit for Barton Sand & Gravel Company, on part of Section 35. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving renewal of the 1999 Commercial Extraction Permit for CAMAS Minnesota, Inc., on part of Section 36. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal of the 1999 Commercial Extraction Permit for Fischer Sand & Aggregate, LLP, on parts of Sections 35 and 36; and a special permit for temporary extended hours, from 6:00 p.m. to 6:00 a.m., Monday through Saturday, from April 1 to October 31, 1999, with conditions as listed in the Community Development Director’s memo dated February 19, 1999, subject to obtaining a contract on the airport runway construction project. Ayes - 5 - Nays - 0. TOBACCO LICENSING ORDINANCE Mr. Gretz gave the second reading of a new ordinance licensing and regulating tobacco, tobacco products, and tobacco related devices as described in the Police Chief’s memo dated February 22, 1999. The proposed ordinance would amend Chapter 12 of the City Code and comply with new statewide minimum standards. It will prohibit sales by vending machines; prohibit self-service sales unless tobacco products make up 90 percent of a licensee’s annual sales volume; and require annual unannounced compliance checks. There were no changes since the first reading on February 11, 1999. Ordinance No. 657 MOTION: of Sterling, seconded by Erickson, passing amending the City Code, by adding Article III in Chapter 12, regulating sale, possession, and use of tobacco, tobacco products, and tobacco related devices; establishing licensing provisions and setting the license fee at $240.00 for a two-year period. Ayes - 5 - Nays - 0. REVISED BUILDING CODE ORDINANCE Mr. Gretz gave the second reading of a proposed ordinance amending Chapter 6 of the City Code by adopting the 1998 edition of the Minnesota State Building Code as attached to the Building Official’s memo dated February 3, 1999. The ordinance also revises Section 1-23 permit fees in accordance with the new State fee schedule. There were no changes since the first reading on February 11, 1999. Ordinance No. 658 MOTION: of Erickson, seconded by Grendahl, passing amending Chapter 6 of the City Code by adopting the 1998 Minnesota State Building Code CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 7 as the building code of the City and setting revised building, mechanical, and plumbing permit fees in Section 1-23. Ayes - 5 - Nays - 0. REVISED ROAD WEIGHT RESTRICTION ORDINANCE Mr. Miranowski gave the first reading of a proposed ordinance amending Chapter 19 of the City Code by revising regulations size, weight, and load restrictions on City streets as attached to his memo dated February 25, 1999. The ordinance would adopt the provisions in state law and allow the Council to apply seasonal weight limitations for the period March 20 through May 15. After approval of the ordinance, the Council will need to adopt a resolution identifying the streets on which the restrictions apply. The effect of the ordinance is that seasonal limits would be decreased from six tons to five tons per axle. The Council accepted the first reading; the second reading will be scheduled for the next meeting. PLANNING COMMISSION VACANCY Mr. Gretz reviewed the procedure the Council established, by Resolution No. 1997-165, to fill commission/committee positions. There is one vacancy on the Planning Commission and as of March 1, 1999, three terms on the Planning Commission and all committee terms expire. Applications for the positions have been received as listed in the City Clerk’s memo dated February 22, 1999. Mayor Hamann-Roland called for nominations for the vacant position on the Planning Commission created by the resignation of Lou Clark. Councilmember Sterling nominated Barry Berg, John Bergman, Mark Ceminsky, Jeannine Churchill, Robert Crawford, Jack Davis, Tina Folch-Freiermuth, James Hadley, Lynn McClung, Patricia Mraz, and Rudy Rudina. There being no further nominations, the Mayor declared the nominations closed. The City Clerk distributed ballots to the Council who were asked to each select nine names from the 11 nominees. After the selections were made, they were tallied and the City Administrator announced that 10 names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select nine names. After the selections were made, they were tallied and the City Administrator announced that 10 names again remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select seven names. After the selections were made, they were tallied and the City Administrator announced that nine names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select four names. After the selections were made, they were tallied and the City Administrator announced that three names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select two names. After the selections were made, they were tallied and the City Administrator announced that two names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select one name. After the selections were made, they were tallied and the City Administrator announced that the name remaining was John Bergman. CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 8 Resolution No. 1999-38 MOTION: of Erickson, seconded by Grendahl, adopting appointing John M. Bergman to the Planning Commission for a term expiring March 1, 2000. Ayes - 5 - Nays - 0. PLANNING COMMISSION NEW TERMS Mayor Hamann-Roland called for nominations for the three terms on the Planning Commission expiring March 1, 1999. Councilmember Erickson nominated Frank Blundetto, Joseph McNamara, Diane Nagler, Barry Berg, Mark Ceminsky, Jeannine Churchill, Robert Crawford, Jack Davis, Tina Folch-Freiermuth, James Hadley, Lynn McClung, Patricia Mraz, and Rudy Rudina. There being no further nominations, the Mayor declared the nominations closed. The City Clerk distributed ballots to the Council who were asked to each select nine names from the 13 nominees. After the selections were made, they were tallied and the City Administrator announced that 10 names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select seven names. After the selections were made, they were tallied and the City Administrator announced that eight names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select five names. After the selections were made, they were tallied and the City Administrator announced that five names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select four names. After the selections were made, they were tallied and the City Administrator announced that five names again remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select four names. After the selections were made, they were tallied and the City Administrator announced that four names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select three names. After the selections were made, they were tallied and the City Administrator announced that the three names remaining were Frank Blundetto, Jeannine Churchill, and James Hadley. Resolution No. 1999-39 MOTION: of Erickson, seconded by Sterling, adopting reappointing Frank R. Blundetto and appointing Jeannine Churchill and James A. Hadley to the Planning Commission for terms expiring March 1, 2002. Ayes - 5 - Nays - 0. TELECOMMUNICATIONS COMMITTEE NEW TERMS Mayor Hamann-Roland called for nominations for the six terms on the Telecommunications Advisory Committee expiring March 1, 1999. Councilmember Erickson nominated Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-Vaa, David Westbrook, and Tina Folch-Freiermuth. There being no further nominations, the Mayor declared the nominations closed. CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 9 The City Clerk distributed ballots to the Council who were asked to each select six names from the seven nominees. After the selections were made, they were tallied and the City Administrator announced that the six names remaining were Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-Vaa, and David Westbrook. MOTION: of Grendahl, seconded by Sterling, reappointing Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-Vaa, and David Westbrook to the Telecommunications Advisory Committee for terms expiring March 1, 2001. Ayes - 5 - Nays - 0. URBAN AFFAIRS COMMITTEE NEW TERMS Mayor Hamann-Roland called for nominations for the seven terms on the Urban Affairs Committee expiring March 1, 1999. Councilmember Goodwin nominated Barry Berg, Robin Curran, Shirley Doering, Shelley Madore, John McKay, Sharon Schwartz, Pamela Sohlberg, Lynn McClung, and Tina Folch-Freiermuth. There being no further nominations, the Mayor declared the nominations closed. The City Clerk distributed ballots to the Council who were asked to each select eight names from the nine nominees. After the selections were made, they were tallied and the City Administrator announced that eight names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select seven names. After the selections were made, they were tallied and the City Administrator announced that the seven names remaining were Barry Berg, Robin Curran, Shirley Doering, Shelley Madore, John McKay, Sharon Schwartz, and Pamela Sohlberg. MOTION: of Sterling, seconded by Grendahl, reappointing Barry Berg, Robin Curran, Shirley Doering, Shelley J. Madore, John W. McKay, Sharon R. Schwartz, and Pamela Sohlberg to the Urban Affairs Committee for terms expiring March 1, 2001. Ayes - 5 - Nays - 0. PARK & RECREATION COMMITTEE NEW TERMS Mayor Hamann-Roland called for nominations for the six terms on the Park and Recreation Advisory Committee expiring March 1, 1999. Councilmember Goodwin nominated Royal Bakke, Russell Defauw, John DiRico, Gregory Kopischke, Charlie Maus, Tina Rankin, Robert Crawford, Tina Folch-Freiermuth, and Patricia Mraz. There being no further nominations, the Mayor declared the nominations closed. The City Clerk distributed ballots to the Council who were asked to each select seven names from the nine nominees. After the selections were made, they were tallied and the City Administrator announced that eight names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select six names. After the selections were made, they were CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 10 tallied and the City Administrator announced that the six names remaining were Royal Bakke, Russell Defauw, John DiRico, Gregory Kopischke, Charlie Maus, and Tina Rankin. MOTION: of Erickson, seconded by Grendahl, reappointing Royal Bakke, Russell Def auw, John DiRico, Gregory Kopischke, Charlie Maus, and Tina Rankin to the Park and Recreation Advisory Committee for terms expiring March 1, 2001. Ayes - 5 - Nays - 0. PARK & RECREATION COMMITTEE YOUTH REPRESENTATIVE Mayor Hamann-Roland said one application was received for the position of youth representative on the Park and Recreation Advisory Committee; from Priscilla Zee. The current representative has indicated that she will no longer be able to serve. MOTION: of Sterling, seconded by Grendahl, ap pointing Priscilla Zee as youth representative on the Park and Recreation Advisory Committee for a term expiring March 1, 2001; and thanking Tiffani Anglin for her past service on the committee. Ayes - 5 - Nays - 0. MEETING DATES Mr. Gretz said it will be necessary for the Economic Development Authority to hold a special meeting very soon and asked when members might be able to attend. The Council concurred that March 5, 1999, at 5:00 p.m. would be acceptable. MOTION: of Sterling, seconded by Grendahl, canceling the regular and informal City Council meetings of March 11, 1999. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated February 22, 1999, with a calendar listing upcoming events. Councilmember Sterling said former Mayor Gary Humphrey has applied for appointment as representative of District 15 on the Metropolitan Council. She asked the Council to send a letter of endorsement supporting his appointment. MOTION: of Sterling, seconded by Goodwin, supporting the appo intment, by the Governor, of Gary Humphrey to the Metropolitan Council, as representative for District 15, and sending an appropriate letter stating the endorsement. Councilmember Goodwin said Mr. Humphrey’s involvement in transportation issues, including the Regional Transit Board and TAB, should be cited in the letter. Mayor Hamann-Roland said she has not had an opportunity to consider the matter and is not prepared to vote on it tonight. CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1999 Page 11 Vote was taken on the motion. Ayes - 4 - Nays - 0 (Hamann-Rol and Abstained). CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated February 17, 1999, in the amount of $2,407,085.83; and February 24, 1999, in the amount of $239,091.59. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:34 o’clock p.m.