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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.