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HomeMy WebLinkAbout11/09/1999CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9th, 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, Police Chief Erickson, Code Enforcement Officer Hammerstad, Assistant Public Works Director Heuer, Assistant to the Administrator Grawe, Parks and Recreation Director Johnson, Community Development Director Kelley, Planner Lovelace, Human Resources Manager Margarit, 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 Sterling, seconded by Erickson, approving the agenda for tonight’s meeting as presented. 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 Sterling, seconded by Grendahl, movin g consideration of change orders to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the meeting of October 28th, 1999, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Sterling, seconded by Grendahl, proclaiming November 21 through 28, 1999, as “Bible Week” and encouraging interested citizens to participate in this observance. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1999 Page 2 MOTION: of Sterling, seconded by Grendahl, approving the policy on considering donation requests received by the Parks and Recreation Department as attached to the City Administrator’s memo dated November 4, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the updated Snow and Ice Control Policy and Procedures as attached to the Public Works Director’s memo dated November 9, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Third Amendment t o the Joint Powers Agreement Establishing a Watershed Management Commission for the Vermillion River Watershed, extending its term until August 1, 2000; as attached to the Public Works Director’s memo dated November 9, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing soliciting applicants for appointees to fill expired terms on the Vermillion River and Black Dog Watershed Management Organizations as described in the Administrative Intern’s memo dated November 4, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving acceptance of a 1999-2001 Minnesota ReLeaf Community Forest Health Grant, in the amount of $14,000.00, as attached to the Administrative Intern’s memo dated November 4, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an antenna site Lease Agreement with U.S. West Wireless, LLC, for the Valleywood water reservoir, as attached to the Assistant Public Works Director’s memo dated November 9, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an antenna site Lease Agree ment with U.S. West Wireless, LLC, for the Nordic water reservoir, as attached to the Assistant Public Works Director’s memo dated November 9, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-251 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on December 9, 1999, to consider renewal applications for 2000 on-sale liquor, wine, and beer licenses. Ayes - 5 - Nays - 0. Resolution No. 1999-252 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 99-109, Eastwood Ridge Utility and Street Improvements, and Project 99-120, Well No. 16 Water Main Extension, to Inland Utility Construction, the low bidder, in the amount of $224,961.70. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1999 Page 3 MOTION: of Sterling, seconded by Grendahl, approving Supplemental Agreement No. 1, change order, to the contract with Egan McKay Electrical Contractors for Project 98-816, Signals on 140th Street at Flagstaff Avenue and Johnny Cake Ridge Road, in the additional amount of $7,615.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Supplemental Agreement No. 2, change order, to the contract with Egan McKay Electrical Contractors for Project 98-816, Signals on 140th Street at Flagstaff Avenue and Johnny Cake Ridge Road, in the additional amount of $3,365.00. Ayes - 5 - Nays - 0. Resolution No. 1999-253 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report on Project 99-121, U-Haul Apple Valley Addition Trunk Utilities, and setting a public hearing on it, at 8:00 p.m., on December 9, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of the subdivision financial guarantee for Regatta 2nd Addition from $519,500.00 to $230,040.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving sending a letter of support endorsing Karen Anderson for nomination as Second Vice President of the National League of Cities, as attached to the Assistant to the City Administrator’s memo dated November 5, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reimbursement of 1998 conference expenses to Gary Humphrey, in the amount of $1,183.02, as described in the Finance Director’s memo dated November 4, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Andrew Aitken for the full- time position of Parks Maintenance I, as listed in the Personnel Report dated November 9, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated November 9, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CHANGE ORDERS Councilmember Grendahl asked whether contracts on the Outdoor Aquatic Center and Community Center Gym Addition are nearly completed and if there will be any more change orders? Mr. Johnson said there are still minor items outstanding on both projects; some of which CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1999 Page 4 relate to items that were not completed and others to make changes found after a season of operating. It is not unusual, in projects like these, to have small items needing completion before finalizing contracts. Councilmember Grendahl said she, Councilmember Goodwin, Mr. Johnson, and Mr. Lawell met with the construction manager last week and were assured things would be completed and payments finalized on contracts still outstanding. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No . 1 to the contract with Northwest Asphalt for Project 99-104, 152nd Street Between Galaxie and Garrett Avenues, in the additional amount of $4,071.00; and various change orders to contracts for Project 97-542, Outdoor Aquatic Center, and Apple Valley Community Center Gym Addition and Teen Center Building, in the additional amounts of $3,224.00 and $629.00, respectively, as listed in the Construction Manager’s letter dated November 4, 1999. Ayes - 5 - Nays - 0. APPLE VALLEY SQUARE PARKING PLAN & OUTDOOR SEATING Mr. Lovelace reviewed his memo dated November 5, 1999, concerning changes to the site plan and parking for Apple Valley Square shopping center. When approval was given for a new free- standing building, part of the existing building was going to be demolished and parking reconfigured. An existing tenant desired more space so there was no demolition, but parking was changed to meet the required number of spaces. When a request for outdoor seating at Chipotle Mexican Grill was considered October 14, 1999, the Council questioned whether these changes infringed on drive lanes on the north side of the building. Councilmember Sterling and Mr. Lovelace met with Craig Minea, the property owner, on site today and discussed changes. Mr. Minea was present and concurred with the changes including include moving parking spaces farther north resulting in a loss of six spaces. Only three businesses still need loading and unloading at their entrances and should be able to avoid conflict with other vehicles. The extended concrete curbed area at the new entrance to Jo-Ann Etc. will be reduced by seven and one-half feet next spring. Resolution No. 1999-254 MOTION: of Sterling, seconded by Grendahl, adopting amending Resolution No. 1998-190 and approving a revised site plan for Apple Valley Square; by moving parking spaces on the north side and removing six spaces, striping the area around the new building to prohibit parking, and removing seven and one-half feet of concrete area on the north side of the shopping center building. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving an outdoor patio dining area as an accessory use for Chipotle Mexican Grill, on the south side of the building, in Apple Valley Square; with conditions, as recommended by the Planning Commission and contained in the City Planner’s memo dated November 5, 1999. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1999 Page 5 Resolution No. 1999-255 MOTION: of Grendahl, seconded by Goodwin, adopting amending on-sale wine and beer licenses for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, by extending its licensed premises to include the outdoor patio dining area on the south side of the building in Apple Valley Square. Ayes - 5 - Nays - 0. REGATTA 3RD ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on the proposed Regatta 3rd Addition, located north of 160th Street and west of Flagstaff Avenue. The planned development is proposed to have 526 townhomes and 240 apartment dwelling units with some type of neighborhood retail within the apartment zone. The plan has been modified to provide 58 percent of greenspace overall. Storm water storage capacity will be modified to provide adequate storage on the 70-acre site. Half of the right-of-way for Foliage Avenue will be dedicated and the west half will need to be acquired from the Pahl property. Due to the number of units proposed, approvals are subject to completion of the Environmental Assessment Worksheet process. Councilmember Sterling asked how much extra parking is being provided for guests? Mr. Lovelace reviewed the parking areas and said, because these will be private streets, some on- street parking will be allowed. Units along public streets will be set back far enough to allow parking for two vehicles in the driveways. The City has made application to the Metropolitan Council’s Livable Communities Demonstration Account for a grant to provide incentive on some type of commercial development integrated with the apartment site. The apartments will be constructed by someone else and is being included as an outlot, at this time, with no site plan. MOTION: of Grendahl, seconded by Goodwin, directing preparation of an ordinance amending Planned Development Designation No. 632 for Regatta 3rd Addition, providing for mixed residential uses, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-256 MOTION: of Goodwin, seconded by Grendahl, adopting approving the preliminary plat of Regatta 3rd Addition, with conditions; subject to completion of the Environmental Assessment Worksheet process, rezoning to planned development, and acquisition of Foliage Avenue right-of-way; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-257 MOTION: of Grendahl, seconded by Sterling, adopting approving the site plan of Regatta 3rd Addition and authorizing issuance of building permits for court, manor and village homes, with conditions; subject to completion of the Environmental Assessment Worksheet process, rezoning to planned development, CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1999 Page 6 and acquisition of Foliage Avenue right-of-way; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-258 MOTION: of Sterling, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-108, Regatta 3rd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. FISCHER SAND & GRAVEL EXTENDED HOURS Mr. Kelley reviewed his memo, dated November 5, 1999, describing continuation of extended operating hours for Fischer Sand and Aggregate conjunction with airport runway reconstruction contracts. The Council approved extended operating hours through today pending a recommendation on conditions to allow them to continue until December 24, 1999. He reviewed the recommended conditions including street cleaning, truck maintenance, adherence to traffic laws, and establishment of an escrow account to cover City inspection and enforcement costs. He distributed copies of a letter to be given to each driver outlining the terms and conditions of operation. The only approved haul route will be Cedar Avenue to County Road 42 and County Road 31 (Pilot Knob Road) to the entrance to Fischer pit. Councilmember Goodwin said procedures instituted, since the last meeting, seem to have helped. He said it should also be stressed that truckers are being told to use the right hand lane for traveling whenever possible. Mr. Kelley said that is one of the conditions; however, there are approximately 1,600 truck loads a day going through the City on this project. MOTION: of Goodwin, seconded by Sterling, amending Fischer Sand & Aggregate’s 1999 annual excavation permit by extending hours of operation to include 3:30 a.m. through 6:00 a.m., until December 24, 1999, with requirements for street cleaning, truck maintenance, adherence to traffic laws, and establishment of a $5,000 escrow account to cover City inspection and enforcement costs; as listed in the Community Development Director’s recommendation distributed November 9, 1999. Ayes - 5 - Nays - 0. RESCHEDULE INFORMAL MEETING MOTION: of Erickson, seconded by Grendahl, rescheduling the informal Council meeting set for December 9, 1999, at 6:30 p.m., to be held following the budget hearing, at 7:00 p.m., on December 6, 1999. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated November 9, 1999, with a calendar listing upcoming events. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1999 Page 7 CLAIMS AND BILLS MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated November 3, 1999, in the amount of $1,023,889.22; and November 8, 1999, in the amount of $8,312,409.21. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:50 o’clock p.m.