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HomeMy WebLinkAbout11/09/2004CITY OF APPLE VALLEY Dakota County, Minnesota Novem ber 9 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Novem ber 9 th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin , and Grendahl . ABSENT: None . City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty , City Engineer Gordon , Finance Director Ballenger, Assistant Pl anner Bodmer , Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace , and Fire Chief Wassmund . Mayor Hamann - Roland c alled 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 - ST ATE REPRESENTATIVE DISTRICT 37A Mayor Hamann - Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Lloyd Cybart, newly elected State Representative for District 37A, was present to introduce hi mself and said he plans to attend future meetings periodically to familiarize himself with City issues. The Council congratulated him on his election and said they look forward to his support on restoration of State Aids and continued elimination of levy limits. Councilmember Bergman said he would like to work with him on a new state law requiring people riding in the back of an open pickup truck to be strapped in or at least prohibit children from riding there. CONSENT AGENDA MOTION: of Goodwin , second ed by Bergman , approving all items on the consent agenda with no exceptions . Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin , seconded by Bergman , approving the minutes of the regular meeting of Octo ber 28 th , 200 4 , as written. Ayes - 5 - N ays - 0 . CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2004 Page 2 MOTION: of Goodwin , seconded by Bergman, proclaiming November 21 through 28, 2004, as “Bible Week” and e ncouraging interested citizens to participate in the observance sponsored by the National Bible Association . Ayes - 5 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , setting a public hearing before the Telecommunications Advisory Committee, at 7:00 p.m., on December 7, 2004, on Charter Communications rate increase for 2005 ; as described in the Assistant to the City Administrator ’s memo da ted Novem ber 9 , 2004. Ayes - 5 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving the updated Snow and Ice Control Policy and Procedures as attached to the Public Works Superintendent ’s memo dated November 9 , 2004. Ayes - 5 - Nays - 0. MOTI ON: of Goodwin , seconded by Bergman, approving reduction of financial guarantees for: Summerhill, from $25,000.00 to 0; Summerhill NRMP, from $11,262.50 to 0; and Cobblestone Lake 3rd Addition, from $745,150.00 to $217,868.00 . Ayes - 5 - Nays - 0. MOTIO N: of Goodwin, seconded by Bergman, approving acquisition of a Drainage and Utility Easement on part of Lot 28, Block 1, Nordic Woods 2nd Addition, in connection with Project 03 - 232, Miscellaneous Utility Improvements, and authorizing payment of $1,389.00 for the easement, as attached to the City Engineer’s memo dated November 4, 2004. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving acquisition of a Drainage and Utility Easement on part of Lot 1, Block 9, Greenleaf 2nd Addition, in connection with Project 03 - 232, Miscellaneous Utility Improvements, and authorizing payment of $675.00 for the easement, as attached to the City Engineer’s memo dated November 4, 2004. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approv ing acquisition of a Drainage and Utility Easement on part of Lot 10, Block 8, Greenleaf 2nd Addition, in connection with Project 03 - 232, Miscellaneous Utility Improvements, and authorizing payment of $675.00 for the easement, as attached to the City Engin eer’s memo dated November 4, 2004. Ayes - 5 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , a pproving Change Order No. 1 to the contract with Dermco - LaVine Construction Co mpany for Suspended Modular Tennis Flooring to allow for progress payments wit h no change in the amount of the contract . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2004 Page 3 MOTION: of Goodwin , seconded by Bergman , a pproving the Fire Chief’s appointment of Joe Betelak as Fire Department Chief Engineer, as described in his memo dated November 5, 2004 . Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Labor Agreement with Law Enforcement Labor Services, Inc., (LELS) Local No. 243, Police Sergeants, for the period January 1, 2004, through December 31, 2006; as attached to the Human Resour ces Manager’s memo dated November 5, 2004, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring Melissa Haas for the position of Human Resources Representative as listed in t he Personnel Report dated November 9, 2004. Ayes - 5 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated Novem ber 9 , 2004. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA JOEY’S ONLY SEAFOOD REST AURANT ON - SALE WINE & BEER LICENSE S Mayor Hamann - Roland called the public hearing to order at 8:0 8 p.m. to consider the application of Planned Enterprises , LLC, d/b/a Joey’s Only Seafood Restaurant , for an on - sale wine lic ense and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the application as described in her memo dated November 5 , 2004. The licensed premises is a new restaurant in a building being remodeled at 1 4638C Cedar Avenue . Mr. Paul Wilmes, the applicant, was present and described the restaurant indicating they plan to open December 7, 2004 . Councilmember Bergman asked if parking would be an issue if the restaurant is successful. Mr. Wilmes said the restaurant sea ts 76 and meets the City’s parking requirements but there may be times when parking is crowded. He will be meeting with the landlord this week who has the potential to add some parking spaces if needed . The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8: 16 p.m. Resolution No. 2004 - 222 MOTION: of Goodwin, seconded by Erickson , adopting approving issuance of 2004 and 2005 on - sale wine and 3.2 percent malt liquor licenses to Planned Enterprises , LLC, d/b/a Joey’s Only Seafood Restaurant , for premises in Cedar Marketplace, at 14638C Cedar Avenue , subject to approval of the wine license by the Minnesota Commissioner of Public Safety and compl etion of the remodel ing. Ayes - 5 - Nays - 0. APPLE VALLEY OFFICE/WAREHOUSE CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2004 Page 4 Ms. Bodmer reviewed the Planning Commission recommendation on a proposed 30,000 square foot office/warehouse building at the southwest corner of 147th Street and Energy Way in Valley Business Park. It will have s pace for up to ten tenants with a mi x of 25 percent office space and the remainder warehouse space . The City is requesting an additional 10 - foot easement along the northeast side of the building to accommodate an existing water line. The landscape plan w ill be revised as recommended by the Natural Resources Coordinator. She reviewed the exterior architectural treatment recommended by the Planning Commission and modifications to each of the entrances to provide additional architectural relief. The site i s being purchased from J. L. Owens who acquired it from the Economic Development Authority ( EDA ) in April 2004. Because it has been less than one year since the purchase, the sa le will have to come back to the EDA for approv a l. The Council discussed whet her this should take place before action is taken on a building permit or whether the EDA might want to consider other offers on the property. Mr. Kelley sai d the City is under a time limit to act on the building permit and a uthorization would be subject to completion of the transaction with the EDA . Councilmember Goodwin asked for clarification of the architectural detail on the building entrances. Ms. Bodmer reviewed the sketches and said the Planning Commission’s recommendation included Staff working with the developer to refine the modifications. Mark Hebert, the developer, was present and commented on the proposal stating he believes there is a market for this type of space in the City. He is aware that the EDA will have to approve the transaction and is planning Spring2005 construction . Resolution No. 200 4 - 2 23 MOTION: of G rendahl , seconded by Bergman , adopting approving the site plan and authorizing issuance of a building permit for a 30,000 square - foot office/warehouse building on Lot 1, Block 2, Valley Business Park, with conditions as recommended by the Planning Commission; subject to EDA authorization to transfer the site to a new owner. Ayes - 5 - Nays - 0. EGRET LODGE AT COBBLESTONE LAKE M r. Lovelace reviewed the Planning Commission recomme ndation on a proposal for 14 townhouse units and a community building o n a 2.39 - acre site located southwest of Cobblestone Lake Parkway and Duck Crossing Drive. Rezoning from Zone 5 to Zone 2 of Planned Development Designation 703 is requested due to the lower density pr o posed. Modifications to the performance standards of Zone 2 reducing the setback between buildings, changing the number of attached units per building, and redefining garage door setbacks will be brought back as an amendment to the planne d development. The applicant has submitted all revised plans recommended by the Planning Commission. Mr. Lovelace showed colored renderings of the townhome exteriors and community building . CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2004 Page 5 Ordinance No. 762 MOTION: of Goodwin , seconded by Grendahl , pass ing rezoning Outlot B, Cobblestone Lake 3rd Addition, from Planned Development 703 Zone 5 to Zone 2 as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Resolution No. 2004 - 2 2 4 MOTION: of Bergman , seconded by G rendahl , adopting approving the preliminary plat of Egret Lodge (replat of Outlot B, Cobblestone Lake 3rd Addition), with conditions as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Resolution No. 2004 - 225 MOTION: of Erickson, seconded by Goodwin, adopting approving the site plan and authorizing issuance of building permits for 14 townhouse units and a community building on Lots 1 through 15, Block 1, Egret Lodge, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2004 - 226 MOTION: of Grendahl, seconde d by Bergman, adopting ordering preparation of a preliminary engineering feasibility report for Project 04 - 272, Egret Lodge Utility and Street Improvements. Ayes - 5 - Nays - 0. HARMONY COMMONS PROPERTY EXCHANGE M r. Kelley reviewe d his memo dated November 5, 2004, concerning a request to exchange part of the City’s eight - acre storm water pond, located between Garrett and Galaxie Avenues, with property in Harmony Commons. A total of 1.43 acres would be exchanged and both parties wo uld continue to own the same amount of land area. It would allow building along Galaxie Avenue and reconfigure the pond into a two - cell layout with a lift station to enhance water quality and increase storm water infiltration . MOTION: of Bergman , seconde d by Erickson, directing Staff to work with the developer of Harmony Commons to prepare an agreement for an equal, like property exchange involving Stormwater Pond WVR - P45 as described in the Community Development Director’s memo dated November 5, 2004 . A yes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin , directing Staff to place the proposed Harmony Commons property exchange on the Planning Commission’s agenda for a determination of compliance with the Comprehensive Plan as described in the Com munity Development Director’s memo dated November 5, 2004 . Ayes - 5 - Nays - 0. CANVASS OF ELECTION RETURNS CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2004 Page 6 Ms. Mueller reviewed the results of the November 2, 2004, City General Election and reported that the total of 28,939 voters resulted in a City - w ide turnout of 83.1 percent; a new record. The Council expressed appreciation to everyone who helped prepare for and work at the election. Resolution No. 2004 - 227 MOTION: of Erickson, seconded by Bergman, adopting canvassing the returns of the November 2 , 2004, City General Election and declaring that Thomas C. Goodwin and Ruth A. Grendahl were elected Councilmembers for four - year terms, each, commencing January 3 , 200 5 . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Bergman congratulated Dalseth Dental for receiving an architectural award for its office building from the Minnesota AIA. Mayor Hamann - Roland said the City received a certificate of congratulations from the National League of Cities for its League of Minnesota Cities Achievem ent Award . The Council received a memo dated Novem ber 5 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Grendahl , seconded by Bergman , to pay the claims and bills, check registers dated November 4 , 200 4 , in the amount of $ 1 1, 273,716.71 ; and November 8 , 2004, in the amount of $ 88,309.26 . Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Grendahl , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:12 o’clock p.m.