HomeMy WebLinkAbout05/13/1999CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held May 13th, 1999, 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 Gretz, City Clerk Mueller, City Attorney
Dougherty, City Engineer Gordon, Assistant Planner Bodmer, Police Chief Erickson, Assistant to
the City Administrator Grawe, Parks & Recreation Director Johnson, Community Development
Director Kelley, Human Resources Manager Margarit, Planning Intern Milton, and Public Works
Director Miranowski.
Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge
of allegiance to the flag led by Shirley Blix, of the American Legion Auxiliary, and Vern Yetzer,
of American Legion Post 1776.
CHATEAU ESTATES 8TH ADDITION
MOTION: of Erickson, seconded by Goodwin, accepting the letter dated May 13, 1999, from
Gary and Sue Buesgens withdrawing their application to subdivide Lot 7, Block 1,
Chateau Estates; into three lots (Chateau Estates 8th Addition preliminary plat).
Ayes - 5 - Nays - 0.
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. Ruth Bierbaum, 14895 Endicott Way, described the essay
contest for sixth grade students judged by the Apple Valley Seniors. She invited the Council to
attend their meeting, on May 18, 1999, at 1:00 p.m., at the Senior Center, at which the 12
winners will read their essays about an older person who influenced their lives.
APPLE VALLEY SQUARE PARKING
Stephanie Galle, Manager of Fashion Bug in Apple Valley Square Shopping Center, presented a
letter from United Properties, Manager of the Center, requiring all employees to park on the west
end of the property. Other vehicles will be limited to two-hour parking. The requirements are
being instituted due to construction of a new free-standing building in the parking lot. She
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Page 2
expressed concern about security issues and customer inconvenience. A petition stating these
concerns is being prepared and will be presented to the City’s Planning Department. She was
present to inform the Council about the issue at this time.
CONSENT AGENDA
MOTION: of Grendahl, seconded by Goodwin, noting receipt of a letter concerning Walter
Homes rezoning denial and 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 t he meeting of April
22nd, 1999, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, proclaiming May 16-22, 1999, 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.
Resolution No. 1999-83
MOTION: of Grendahl, seconded by Goodwin, adopting accepting,
with thanks, the donation of $1,000.00 from Sons of American Legion Squadron
1776 for Teen Center activities. Ayes - 5 - Nays - 0.
Resolution No. 1999-84
MOTION: of Grendahl, seconded by Goodwin, adopting accepting,
with thanks, the donation of $2,600.00 from Apple Valley American Legion Post
1776 for the recreation softball program. Ayes - 5 - Nays - 0.
Resolution No. 1999-85
MOTION: of Grendahl, seconded by Goodwin, adopting accepting,
with thanks, the donation of $5,000.00 from Apple Valley American Legion Post
1776 for the 4th of July celebration. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approvin g issuance of a Temporary Outdoor
Special Event License for Rascals Bar & Grill, at 7721 West 147th Street, on July
2, 1999, as described in the City Clerk’s memo dated May 10, 1999. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving issuance of a Temporary On-Sale
Liquor License, by Minnesota Liquor Control, to Apple Valley American Legion
Post 1776 for use in the parking lot, at 14521 Granada Avenue, on July 2, 3, and
4, 1999. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving a Codification Services Agreement
with the League of Minnesota Cities and American Legal Publishing Corporation
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Page 3
for recodification of the City Code of Ordinances, as attached to the City Clerk’s
memo dated May 10, 1999, and authorizing the Mayor and Clerk to sign the same.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving an Agreement with the
Metropolitan Council for the Citizen Assisted Lake Monitoring Program to
monitor water quality of Lake Alimagnet and Farquar Lake, as attached to the
Natural Resources Coordinator’s memo dated May 7, 1999, and authorizing the
Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
Resolution No. 1999-86
MOTION: of Grendahl, seconded by Goodwin, adopting receiving
1999 Special Assessment Roll No. 461, delinquent utility charges in the amount of
$64,051.47, and setting a public hearing on it, at 8:00 p.m., on June 10, 1999.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, receiving Fire Code variance requests, dated
April 20, 1999, from Independent School District No. 196 for time extensions on
sprinkler system installations at Greenleaf Elementary School, Cedar Park
Elementary School, and Westview Elementary School; and deferring decisions to
the State of Minnesota Fire Marshal Code Advisory Panel. Ayes - 5 - Nays - 0.
Resolution No. 1999-87
MOTION: of Grendahl, seconded by Goodwin, adopting approving
the final plat and Subdivision Agreement for Palomino Cliffs 2nd Addition and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, receiving the letter dated May 13, 1999, from
Resolution No. 1999-88
Domestic Realty, Inc., and adopting making a Finding of
Fact on a petition by Walter Homes for rezoning, from R-3 to R-5, and a
preliminary plat for six lots on Lot 1, Block 2, Hidden Ponds; and part of Lot 2,
Block 19, Cedar Knolls; and denying the rezoning, preliminary plat, and setback
variance requested. Ayes - 5 - Nays - 0.
Resolution No. 1999-89
MOTION: of Grendahl, second ed by Goodwin, adopting receiving
the preliminary engineering report on Projects 99-512, East Trunk Storm Sewer,
and 99-823, Farquar Lake Outlet Force Main, and setting a public hearing on it, at
8:00 p.m., on June 10, 1999. Ayes - 5 - Nays - 0.
Resolution No. 1999-90
MOTION: of Grendahl, seconded by Goodwin, adopting directing
the City Engineer to prepare plans and specifications for Projects 99-512, East
Trunk Storm Sewer, and 99-823, Farquar Lake Outlet Force Main. Ayes - 5 -
Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Page 4
Resolution No. 1999-91
MOTION: of Grendahl, seconded by Goodwin, adopting directing
the City Engineer to prepare plans and specifications for Project 98-805, Pond
213P Bypass at the Zoo property. Ayes - 5 - Nays - 0.
Resolution No. 1999-92
MOTION: of Grendahl, seconded by Goodwin, adopting approving
specifications for lease-purchase of a fairway mowing unit and a sprayer system for
Valleywood Golf Course and authorizing advertising for receipt of bids on June 2,
1999, at 2:00 p.m.. Ayes - 5 - Nays - 0.
Resolution No. 1999-93
MOTION: of Grendahl, seconded by Goodwin, adopting awarding
the contract for Project 98-819, 1999 Street Maintenance Program, to McNamara
Contracting, Inc., the low bidder, in the total amount of $671,700.00. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the
contract with General Safety Equipment for a Fire Truck with 75-Foot Ladder and
Equipment in the amount of a $8,000.00 deduction. Ayes - 5 - Nays - 0.
MOTION: of Grenda hl, seconded by Goodwin, approving reduction of subdivision financial
guarantees for: Woodwinds 3rd, from $9,200.00 to $2,250.00; Woodwinds 4th,
from $5,250.00 to $3,350.00; and Woodwinds 5th, from $6,900.00 to $5,900.00.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the Construction Agreement with
Dakota County, Project 31-36, for reconstruction of County Road 31 (Pilot Knob
Road) between County Road 33 (Diamond Path) and County Road 42, and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
Resolution No. 1999-94
MOTION: of Grendahl, seconded by Goodwin, adopting authorizing
installation of stop signs on eastbound and westbound Flagstone Trail at its
intersection with Fountain Avenue. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for 1999 Concrete
Removal and Replacement Services with C. R. Fischer and Sons, Inc., as attached
to the Public Works Supervisor’s memo dated May 13, 1999, and authorizing the
Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for 1999 Sod
Replacement Services with Gallagher’s, Inc., as attached to the Public Works
Supervisor’s memo dated May 13, 1999, and authorizing the Mayor and Clerk to
sign the same. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Page 5
MOTION: of Grendahl, seconded by Goodwin, approving the Agreement for Park Landscape
Architectural Services with Anderson-Johnson Associates, Inc., as attached to the
Park & Recreation Director’s memo dated May 7, 1999, and authorizing the
Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the one-year Agreement for Safety
Program Services with SafeAssure Consultants, Inc., as attached to the Human
Resources Manager’s memo dated May 13, 1999, and authorizing the Mayor and
Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving appointment of Dean Jacobson as
Acting Public Works Supervisor for Fleet Maintenance as listed in the Personnel
Report dated May 13, 1999. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving hiring the part-time and seasonal
employees as listed in the Personnel Report and Addendum dated May 13th, 1999.
Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
POPPY DAYS PROCLAMATION
Shirley Blix, Co-chair of the American Legion Auxiliary Poppy Committee, was present and read
a proclamation, proclaiming May 21 and 22, 1999, 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 21-22, 1999, 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
Vern Yetzer, of American Legion Post 1776, read a proclamation for “Memorial Day” on May
31, 1999. He 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 Sterling, seconded by Grendahl, proclaiming May 31, 1999, as “Memorial Day”
and asking citizens to remember those who were casualties and injured in the
various wars and police actions. Ayes - 5 - Nays - 0.
CHIPOTLE MEXICAN GRILL WINE & BEER LICENSES
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Page 6
Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., to consider the
application of Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, for on-sale
wine and beer licenses, and noted receipt of the affidavit of publication of the hearing notice. The
restaurant will be located in the new free-standing building being constructed in Apple Valley
Square. The Mayor asked for questions or comments from the Council and the public.
Councilmember Goodwin asked how the parking issue at the shopping center relates to this
application? Mr. Kelley said the building permit has been approved based on adequate parking on
the site for the uses. It is a private parking lot and the City is not requiring parking restrictions.
Mr. Dougherty said it appears the shopping center management has hired a private security
company to monitor and enforce its parking conditions.
Councilmember Erickson asked Staff to look into what can be done as far as the question about
security issues. There were no further questions or comments and the hearing was declared
closed at 8:24 p.m.
Resolution No. 1999-95
MOTION: of Goodwin, seconded by Sterling, adopting authorizing
issuance of On-Sale Wine and 3.2 Percent Malt Liquor Licenses to Chipotle
Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, for premises being
constructed on part of Lot 2, Block 1, Apple Valley Square 5th Addition, subject
to approval of the wine license by the Minnesota Commissioner of Public Safety.
Ayes - 5 - Nays - 0.
MONEY XCHANGE CURRENCY EXCHANGE LICENSE
Mayor Hamann-Roland called the public hearing to order, at 8:25 p.m., to consider an application
by Checked Cashed of America, LLC, d/b/a Money Xchange, for a license to operate a currency
exchange company in Southport Centre, and noted receipt of the affidavit of publication of the
hearing notice. Police Chief Erickson said this is the first such application to be referred to the
City. Licenses are issued by the Minnesota Department of Commerce, subject to approval or
disapproval by the local unit of government. The businesses are required to located a half a mile
apart and are regulated by the State.
The Mayor asked for questions or comments from the Council and the public. Councilmember
Grendahl asked about the term of the license and how renewals are handled. The City Clerk said
these are annual licenses and renewals are handled by the Department of Commerce. It is unclear
whether the City will be required to conduct hearings on renewals or whether they are handled
administratively by the State. There were no further questions or comments and the hearing was
declared closed at 8:29 p.m.
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a Currency Exchange
License by the Minnesota Commerce Commissioner to Checks Cashed of America,
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Page 7
LLC, d/b/a Money Xchange, for premises at 15100 Cedar Avenue, Suite 202, in
Southport Centre. Ayes - 5 - Nays - 0.
APPLE VALLEY FORD TRUCK CENTER
Ms. Bodmer reviewed the Planning Commission recommendation on the application of Apple
Valley Ford to construct a truck service facility east of its existing building and south of 151st
Street. Development of this site will necessitate construction of 152nd Street between Garrett
Avenue and Galaxie Avenue.
Resolution No. 1999-96
MOTION: of Goodwin, seconded by Sterling, adopting approving
the site plan and authorizing issuance of a building permit for Apple Valley Ford to
construct a truck service facility on Lots 1 and 2, Block 1, Apple Valley Ford 2nd
Addition, with conditions as recommended by the Planning Commission. Ayes - 5
- Nays - 0.
Resolution No. 1999-97
MOTION: of Goodwin, seconded by Grendahl, adopting receiving
the preliminary engineering report on Project 99-104, 152nd Street Between
Garrett and Galaxie Avenues, and setting a public hearing on it, at 8:00 p.m., on
June 10, 1999. Ayes - 5 - Nays - 0.
Resolution No. 1999-98
MOTION: of Erickson, seconded by Grendahl, adopting directing
the City Engineer to prepare plans and specifications for Project 99-104, 152nd
Street Between Garrett and Galaxie Avenues. Ayes - 5 - Nays - 0.
TELEPHONE AREA CODES
Councilmember Grendahl said the Council received a letter from the Chamber of Commerce
concerning the Public Utilities Commission’s consideration of adding new telephone area codes.
The Council has previously gone on record asking that Apple Valley remain in the “612” area
code. The Chamber is supporting reopening discussion of an overlay approach for assigning new
area codes in the Twin Cities.
Resolution No. 1999-99
MOTION: of Grendahl, seconded by Sterling, adopting
acknowledging the Chamber of Commerce’s concern for confusion caused by
reassignment of telephone area codes by the Public Utilities Commission and
supporting a unified assignment of numbers for the Western Dakota County area.
Ayes - 5 - Nays - 0.
SCHOOL BOMB THREATS
Mayor Hamann-Roland commented on recent bomb threats in the schools. She commended the
Police and Fire Departments for their prompt responses in reacting to the problems.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 13, 1999
Page 8
STATE OF THE CITY
Mayor Hamann-Roland thanked the team of Staff members who prepared the “State of the City’
presentation for the Chamber of Commerce meeting on May 12, 1999. Those involved were
Monica Bogner, Jo Colleran, Charles Grawe, John Gretz, Randy Johnson, Rick Kelley, Dennis
Miranowski, and Andy Pedersen as well as Sarah Osgood, a member of the community.
COMMUNICATIONS & CALENDAR
The Council received a memo dated May 10, 1999, with a calendar listing upcoming events.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers
dated April 28, 1999, in the amount of $573,209.96; May 5, 1999, in the amount
of $2,373,761.58; and May 12, 1999, in the amount of $5,185,393.39. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:45 o’clock p.m.