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HomeMy WebLinkAbout10/14/1999CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 14th, 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 Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Wrase, Finance Director Ballenger, Police Chief Erickson, Assistant Public Works Director Heuer, Assistant to the Administrator Grawe, Parks and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, Planner Lovelace, Human Resources Manager Margarit, Assistant Planner 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. 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, moving consideration of Tourism Bureau billboard and Chipotle Mexican Grill sidewalk cafe to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the meeting of September 23rd, 1999, as written. Ayes - 4 - Nays - 0 (Sterling Abstained). MOTION: of Grendahl, seconded by Sterling, proclaiming October as “National Breast Cancer Awareness Month” and October 15, 1999, as “National Mammography Day” in support of early detection and prompt treatment for this disease. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 2 Resolution No. 1999-223 MOTION: of Grendahl, seconded by Sterling, adopting designating November 8, 1999, as “Community and Regional Planning Day” in conjunction with “World Town Planning Day” recognizing the contribution sound planning makes to the quality of cities and the environment. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, proclaiming the week of October 25-29, 1999, as “Minnesota Manufacturers’ Week” in support of enterprises which create high- wage, high-skill jobs. Ayes - 5 - Nays - 0. Resolution No. 1999-224 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $1,050.00 from Apple Valley American Legion Post 1776 for recreation athletic leagues. Ayes - 5 - Nays - 0. Resolution No. 1999-225 MOTION: of Grendahl, seconded by Sterling, adopting electing to continue participation in the Local Housing Incentives Program, under the Metropolitan Livable Communities Act, during calendar year 2000. Ayes - 5 - Nays - 0. Resolution No. 1999-226 MOTION: of Grendahl, seconded by Sterling, adopting approving submission of an application to the Metropolitan Council for the Livable Communities Demonstration Program, in the amount of $788,385.00 for a mixed use building in Regatta 3rd Addition, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterl ing, approving issuance of a 1999 Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Christmas Tree Farm, at the southeast corner of 140th Street and Pilot Knob Road, in East Valley Plaza. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving change in corporate officers for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, in connection with its on- sale wine and beer licenses, as provided in City Code Section 3-49 and described in the City Clerk’s memo dated October 11, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving change in corporate officers and change in parent company to RB Capital, Inc., for Wadsworth Old Chicago, d/b/a Old Chicago, in connection with its on-sale liquor license, as provided in City Code Section 3-49 and described in the City Clerk’s memo dated October 11, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Joint Powers Agreement with the City of Burnsville for Installation and Operation of an Aeration System in Lake CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 3 Alimagnet, as attached to the Natural Resources Coordinator’s memo dated September 27, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-227 MOTION: of Grendahl, seconded by Sterling, adopting approving specifications for Project 99-111, Deep Well No. 16 Pumping Facility, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 12, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-228 MOTION: of Grendahl, seconded by Ste rling, adopting awarding a contract for combined Projects 99-107, Central Sanitary Sewer Trunk Extension, and 99-113, 123rd and Germane Apartment Storm Sewer; to Brown & Cris, Inc.; the low bidder, in the amount of $194,575.41. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with K. A. Witt Construction, Inc., for Project 98-803, Eveleth Path Construction at County Road 38, in the amount of an additional $8,955.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving various change orders to contracts for Project 97-542, Outdoor Aquatic Center, as listed in the Construction Manager’s letter dated October 7, 1999, in the amount of an additional $8,588.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of the following subdivision financial guarantees: Regatta, from $115,561.00 to $4,559.00; Woodwinds 3rd Addition, from $2,250.00 to 0; Woodwinds 4th Addition, from $3,350.00 to $1,871.00; and Woodwinds 5th Addition, from $5,900.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Backstop Replacement at Johnny Cake Ridge Park with Mid-Metro Construction, in the amount of $16,300.00, as attached to the Parks & Recreation Director’s memo dated October 14, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving submitting an application to the League of Minnesota Cities Insurance Trust for Year 2000 Expanded Coverage, at an estimated premium of $7,870.00, as described in the Assistant to the City Administrator’s memo dated October 11, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing the expenditure of up to $11,398.00 for equipping the Emergency Operations Center, at the Police Facility, and up to $800.00 to provide food for employees working in connection with Y2K CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 4 operations ad requested in the Assistant to the City Administrator’s memo dated October 11, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Contract for janitorial services at Apple Valley Community Center with Osland Building Maintenance, for a six- month period, as attached to the Parks & Recreation Director’s memo dated October 7, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Independent Contract Services with Jerel Howland for computer setup and installation services, not to exceed $2,400.00, as attached to the City Clerk’s memo dated October 11, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing issuance of a model home permit on Lot 2, Block 1, Eastwood Ridge, under the provisions of City Code Section B1-15, as requested in the Assistant Planner’s memo dated October 11, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seco nded by Sterling, approving the 1999 and 2000 budgets for the Apple Valley, Farmington, Rosemount Cable and Telecommunications Commission, as attached to the Assistant to the City Administrator’s memo dated October 11, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring William Murphy for the full- time position of Mechanic, Technical Specialist, as listed in the Personnel Report dated October 14, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, app roving hiring the part-time and seasonal employees as listed in the Personnel Report dated October 14, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing recruitment and hiring for the position of Cable Coordinator as listed in the Personnel Report dated October 14, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing recruitment and hiring for the position of MIS Technician as listed in the Personnel Report dated October 14, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting a grant, in the amount of $9,146.00, for safety equipment, from Minnesota OSHA, as attached to the Human Resources CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 5 Manager’s memo dated October 14, 1999, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA TOURISM BUREAU BILLBOARD PROPOSAL Councilmember Goodwin said he is opposed to funding the Tourism Bureau’s request to lease a billboard, as described in the Assistant to the City Administrator’s memo dated October 11, 1999. Since Apple Valley does not allow billboards, it should not fund one in another city. Councilmember Grendahl concurred. Councilmember Sterling noted the billboard is already in place and it would be leased for three years. Councilmember Erickson said he supports trying the billboard. Funding would come from lodging tax receipts which can only be used for marketing and promoting the City. Mayor Hamann-Roland said she believes it will help promote businesses in the City and should be done. MOTION: of Sterling, seconded by Erickson, authorizing the expenditure of $23,940.00 for the Apple Valley Tourism Bureau’s three-year lease of a billboard and approving use of the City’s logo by the Chamber of Commerce for the Tourism Bureau’s logo, as requested in the Assistant to the City Administrator’s memo dated October 11, 1999. Ayes - 3 - Nays - 2 (Goodwin and Grendahl). CHIPOTLE MEXICAN GRILL SIDEWALK CAFE Councilmember Sterling said she does not want to consider adding outdoor seating for Chipotle Mexican Grill, at Apple Valley Square, until other side issues are addressed. When the permit was approved for a new free-standing building at Apple Valley Square, part of the existing shopping center was to be eliminated and parking spaces moved. Instead, driving lanes along the north side of the shopping center have been changed and are so narrow traffic would be blocked when delivery trucks are parked. Mr. Lovelace showed the site plan of Apple Valley Square and part of the old building to be removed. After construction on the new building began, JoAnn Fabrics desired to have a larger store. Without removing building area, the owner added parking spaces in various locations. The center should have 781 spaces, but only has 775 spaces. Drive aisles should be a minimum of 24 feet wide. They were measured today and are 30 feet wide at the east end of the building and 20 feet at the west end excluding the drop off lane at the video store. The Council discussed a need for enforcement or amendment of the previously approved conditions. They concurred the relocation and curving of drive lanes on the north side of the shopping center building is a greater concern than the lack of six parking spaces. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 6 MOTION: of Sterling, seconded by Grendahl, tabling consideration of outdoor seating for Chipotle Mexican Grill, at Apple Valley Square, until issues related to number of parking spaces and width and location of drive lanes are resolved. Ayes - 4 - Nays - 1 (Goodwin). Mr. Lawell noted that consideration of amending the licensed premises for Chipotle Mexican Grill’s on-sale wine and beer licenses will be held until the outdoor seating is brought back. TRANSIT STATION GRAND OPENING Mr. Lawell noted that a grand opening was held October 6, 1999, for the new Transit Station at 155th Street and Cedar Avenue. The City received a plaque for its involvement in the project along with the Metropolitan Council, Dakota County and the Dakota County HRA. He expressed appreciation to Mr. Kelley for his work on the project. Mayor Hamann-Roland thanked all agencies involved in cooperating on the project. Councilmember Sterling thanked Councilmember Grendahl, as the City’s representative to the MVTA, and former Mayor Humphrey for their efforts in making the project proceed. Councilmember Goodwin agreed that Mr. Humphrey should be thanked as the force behind the project in promoting other users to make the parking facility unique. TAX RATE INCREASE Mr. Lawell said, though the proposed tax levy has been approved, new legislation regarding tax levy rates requires the Council to take separate action to consider any increase in rates. Mr. Ballenger reviewed the new formula required by the State. This calculation results in a levy certification tax rate of 27.093 percent, for 1999, compared to a 2000 rate of 27.287 percent. This formula results in an increase, by the State’s definition, even though the City portion of the tax bill will decrease. It also does not have an allowance for inflation. Mayor Hamann-Roland noted that the Council is required to hold a public hearing on the increase and opened the hearing at 8:44 p.m. She asked for questions or comments from the Council and the public. There were none and the hearing was declared closed. Resolution No. 1999-229 MOTION: of Erickson, seconded by Goodwin, adopting authorizing the County Treasurer-Auditor to fix a property tax rate for taxes payable in 2000 that is higher than the tax rate calculated pursuant to M.S. 204B.135 and collected in 1999. Ayes - 5 - Nays - 0. PROJECT 99-109, EASTWOOD RIDGE IMPROVEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 7 Mayor Hamann-Roland called the public hearing to order, at 8:45 p.m., to consider Project 99- 109, Eastwood Ridge Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report, dated August 20, 1999, describing improvements for the 22 single family lots in the subdivision. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:48 p.m. Resolution No. 1999-230 MOTION: of Sterling, seconded by Grendahl, adopting ordering installation of Project 99-109, Eastwood Ridge Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1999-231 MOTION: of Erickson, seconded by Grendahl, adopting approving plans and specifications for Project 99-109, Eastwood Ridge Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 4, 1999. Ayes - 5 - Nays - 0. PROJECT 99-120, WELL NO. 16 WATER MAIN EXTENSIONS Mr. Wrase reviewed his memo, dated October 14, 1999, describing Project 99-120, Deep Well No. 16 Water Main Extensions. The well is being developed on the Fischer Market Place site and water main will connect it to the City water system. Resolution No. 1999-232 MOTION: of Grendahl, seconded by Sterling, adopting ordering installation of Project 99-120, Deep Well No. 16 Water Main Extensions. Ayes - 5 - Nays - 0. Resolution No. 1999-233 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 99-120, Deep Well No. 16 Water Main Extensions, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 4, 1999. Ayes - 5 - Nays - 0. UPDATED COMPREHENSIVE PLAN Mr. Kelley reviewed his memo, dated October 11, 1999, describing the Comprehensive Plan update process. The Metropolitan Council approved the Plan September 29, 1999. As part of the update, five sites were identified where land uses would be redesignated and will need to be brought into compliance with the Plan. Four sites will remain since hearings have already been held on rezoning the Cedar Highlands apartment site. Peter Coyle, 12886 Essex Way, of the Larkin Hoffman Law Firm, was present representing Joel Watrud, owner of the Palomino Apartment site. He objected to a revised use on the property based on previously approved uses. The reduced number of units would be an illegal taking of CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 8 investment backed acquisition of the property. The current use allows 70 units whereas the proposed revised use allows about 20 units and may be as few as seven or eight units. Mr. Kelley said the revision is proposed for M-2 zoning and the number of units will depend on engineering. Frank Kleckner, owner of Lots 1 and 2, Block 1, Hidden Ponds; read a letter objecting to reduced zoning on his property. The entire area was zoned for multiple dwellings when it was purchased. A portion has been developed as single and double units. The remainder was always intended for apartments and is adjacent to existing apartments. Councilmember Erickson asked why this site is being considered for redesignation? Mr. Kelley said one of the issues is the wetland act now in effect. Based on current information, a less intensive use would be appropriate. The wetland and pond will need to be delineated. Mr. Kleckner said he is willing to comply with all the requirements, but does not want the zoning changed from M-7. Councilmember Goodwin said he is pleased with the Plan update, but has some concern with the Hidden Ponds area. It is not known how wetland delineation will affect the buildable area of the site, but it is buffered from surrounding uses and is next to M-8 zoning. Resolution No. 1999-234 MOTION: of Goodwin, seconded by Sterling, adopting approving the updated Comprehensive Guide Plan for the City, as approved by the Metropolitan Council on September 29, 1999; save and except for redesignation of Lots 1 and 2, Block 1, Hidden Ponds. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, directing Staff to commence rezoning actions to bring the remaining three properties subject to the Interim Zoning Ordinance (moratorium) into compliance with the updated Comprehensive Guide Plan; sites at 145th Street and future Flagstaff, 140th Street and Pennock, and Palomino Apartments. Ayes - 5 - Nays - 0. CEDAR HIGHLANDS APARTMENT REZONING Mr. Lovelace reviewed his memo, dated October 11, 1999, regarding Cedar Highlands apartment (proposed Cedar Homes 1st Addition) rezoning. With the Comprehensive Plan update now approved, this site is redesignated for high density and the rezoning can be approved. The preliminary plat on the property, located northwest of 127th Street and Germane Avenue, was previously approved. Ordinance No. 662 MOTION: of Erickson, seconded by Grendahl, passing rezoning Lots 1 and 2, Block 1 Cedar Knolls Commercial; and Lot 1, Block 1, Apple Valley Family Housing Development; from “M-6C” and “RB” to “M-7C”, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1999 Page 9 RESIDENTIAL REDEVELOPMENT POLICY Mr. Kelley reviewed his memo, dated October 8, 1999, concerning redevelopment issues on older or underdeveloped properties. The Planning Commission looked at the issue, in its study session, and recommended the City take an active role when these opportunities arise. It should be done in a manner which continues to respect the physical environment and appearance of the existing neighborhood, yet address street connections and provision of municipal utilities. City involvement would encompass such things as facilitating neighborhood awareness and consensus to arrive at a master plan, examining use of legally recordable implementation documents, and investigating alternative funding sources for municipal infrastructure retrofit situations. MOTION: of Erickson, seconded by Grendahl, approving a residential redevelopment policy providing that the City will take an active role in redevelopment opportunities when they arise, rather than a passive or reactive role, and directing Staff to act in conformance with this approach, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated October 11, 1999, with a calendar listing upcoming events. MCKAY URBAN AFFAIRS COMMITTEE RESIGNATION MOTION: of Grendahl, seconded by Sterling, receiving, with regret, the resignation of John W. McKay from the Urban Affairs Committee, effective October 30, 1999; and providing for presentation of a certificate to him recognizing his more than 20 years on the Committee. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated September 29, 1999, in the amount of $629,512.37; October 6, 1999, in the amount of $24,867,132.54; and October 13, 1999, in the amount of $5,730,948.49. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:40 o’clock p.m.