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HomeMy WebLinkAbout03/10/2005 CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 10th, 2005, 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 Gackstetter, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Strauss, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance led by Weston of Boy Scout Troop 871. 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. No one was present to speak. CONSENT AGENDA MOTION: of Goodwin, seconded by Bergman, adding an item, directing the Urban Affairs Committee to review the outcome of the public education campaign relating to garbage can placement, and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of February 24, 2005, as written. Ayes - 5 - Nays - 0. Resolution No. 2005-36 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of $200.00 from the Apple Valley Chamber of Commerce for the Mid-Winter Fest Celebration. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 2005 Page 2 Resolution No. 2005-37 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of $1,500.00 from the Minnesota Safety Council for the Child Passenger Safety Program. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a change in officer for RT Minneapolis Holdings, L.L.C., d/b/a Ruby Tuesday, in connection with the On- Sale Liquor License at 14883 Florence Trail, naming Scarlett Ann May as Secretary, as described in the City Clerk’s memo dated March 7, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the 2004 Fire Department Annual Report. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Agreement for Cemetery Mowing and Trimming Services with Southside Lawn and Snow, Inc., in an amount not to exceed $9,500.00, as attached to the Streets Superintendent’s memo dated March 10, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Agreement for Sod Replacement Services with Quality Restoration Services, Inc., in an amount not to exceed $9,500.00, as attached to the Streets Superintendent’s memo dated March 10, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2005-38 MOTION: of Goodwin, seconded by Bergman, adopting awarding the contract for purchase of Self-Contained Breathing Apparatus (SCBA) to Clarey’s Safety Equipment, Inc., the low bidder, in the total amount of $205,597.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of financial guarantees for Krispy Kreme from $3,725.00 to $0, and Remax Real Estate from $68,750.00 to $1,200.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to Project 04- 261, Redwood Pond Upgrade, in the amount of an additional $12,140.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Supplemental Agreement No. 1 to Project 02-202, Dodd Road Construction, with the State of Minnesota Department of Transportation, for soil correction, in the amount of an additional $92,970.24. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 2005 Page 3 MOTION: of Goodwin, seconded by Bergman, approving Supplemental Agreement No. 2 to Project 02-202, Dodd Road Construction, with the State of Minnesota Department of Transportation, for storm sewer revisions, deducting the amount of $74,798.84. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Work Order to Project 02-202, Dodd Road Construction, with the State of Minnesota Department of Transportation, for the addition of truncated dome panels to the pedestrian ramps, in the amount of an additional $5,120.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Work Order to Project 02-202, Dodd Road Construction, with the State of Minnesota Department of Transportation, for additional retaining walls, in the amount of an additional $8,095.92. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing staff to negotiate acquisition of permanent and construction utility easement for Well No. 19, as described in the Public Works Director’s memo dated March 10, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Livable Communities Act Grant Agreement with the Metropolitan Council for $2,356,244 to assist with construction of the Harmony Commons underground parking garage, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, directing staff to prepare a draft subrecipient agreement with the developer of Harmony Commons regarding use of the $2,356,244 Livable Communities Act Grant as a business subsidy and setting a public hearing pursuant to §116J.993-95 once the draft is ready for review, as explained in the Community Development Director’s memo dated March 4, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-40 MOTION: of Goodwin, seconded by Bergman, adopting approving the final plat for East Valley Plaza 4th Addition and waiving a Subdivision Agreement. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement with Ziegler Caterpillar, Industrial Division, for Well Pump No. 5 Repair Services, as attached to the Public Works Superintendent’s memo dated March 10, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring Dain Brenno to the full-time position of Maintenance Worker I as listed in the Personnel Report dated March 10, 2005. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 2005 Page 4 MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees listed in the Personnel Report dated March 10, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, directing the Urban Affairs Committee to review the outcome of the City’s public education campaign relating to garbage can placement. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA DAKOTA GRAVEL PIT Mr. Kelley reviewed the Planning Commission’s recommendation on the proposed amendment to the comprehensive plan for a temporary sand and gravel overlay designation, a rezoning from “A” (Agriculture) to “SG” (Sand & Gravel), and a conditional use permit for commercial sand and gravel extraction activities on 49 acres located on the northwest quadrant of the intersection of Pilot Knob Road (C.R. 31) and 160th Street W. (C.R. 46). Approximately 40 of the 49 acres were partially mined for sand and gravel by Dakota County before it was transferred to the City for use as an athletic complex. Stockpiles of sand, aggregate, and other materials remain on the site as a result of previous mining. The temporary sand and gravel overlay designation would allow for the final grade of this area to match the final grades of adjacent properties, which are currently being mined. If approved, the City would advertise for bids for a mining operator who would perform the work and purchase the aggregate material from the City. The proposed mining would take place during the construction seasons of 2005 and 2006. When mining is complete, the City could develop the site. This area was included in an overall Environmental Impact Study (EIS) conducted in the early 1990s to determine the effects of sand and aggregate mining activities. The potential environmental effects from mining on this site were within the acceptable range. In addition, a public hearing before the Planning Commission on the Land Use Map of the Comprehensive Guide Plan was held on February 16, 2005. The concerns expressed by the City of Lakeville have been addressed. Resolution No. 2005-41 MOTION: of Goodwin, seconded by Grendahl, adopting approving submitting an amendment to the Land Use Chapter of the Apple Valley Comprehensive Guide Plan for a Temporary Sand and Gravel Overlay for parcels 01-03500-013-77, 01-03500-042-76, 01-03500-010-76, 01-03500-020-76, 01- 03500-030-76, and 01-03500-012-77, as recommended by the Planning Commission. Ayes - 5 - Nays – 0. MOTION: of Erickson, seconded by Bergman, waiving the procedure for a second reading Ordinance 769 and passing rezoning parcels 01-03500-013-77, 01-03500-042-76, CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 2005 Page 5 01-03500-010-76, 01-03500-020-76, 01-03500-030-76, and 01-03500-012-77, from “A” (Agriculture) to “SG” (Sand & Gravel) as recommended by the Planning Commission, subject to the approval of the Metropolitan Council of an associated Comprehensive Guide Plan Amendment designating said parcels for sand and gravel mining. Ayes - 5 - Nays – 0. Resolution No. 2005-42 MOTION: of Bergman, seconded by Goodwin, adopting approving the Conditional Use Permit for commercial sand and gravel extraction for parcels 01-03500-013-77, 01-03500-042-76, 01-03500-010-76, 01-03500-020-76, 01- 03500-030-76, and 01-03500-012-77, with conditions as recommended by the Planning Commission, subject to the final rezoning of the site to “SG” (Sand & Gravel). Ayes - 5 - Nays – 0. LANDMARK CORNER SITE PLAN Ms. Dykes reviewed the Planning Commission’s recommendation for Landmark Corner, a 2.5- acre site located southwest of the intersection of 153rd Street W. and Galaxie Avenue, in the Central Village. The site will contain two mixed-use buildings, The Landmark Tower and The Concourse Building, both three-story buildings with retail and commercial uses on the first floor of approximately 30,100 sq. ft. and 26,000 sq. ft. respectively, and 22 condominium units on the second and third floors; a hotel, The Grandstay Hotel, a three-story, 77-unit resident-suite hotel; and an underground parking garage. The site plan indicates 370 parking spaces, 303 of which are in the underground garage and 67 of which are on the surface. This is more than the amount required. There will be large planters with benches, trellises, decorative fencing, and bicycle racks. Electrical boxes will be screened by decorative fencing. The Natural Resources Coordinator reviewed the landscape plan and the City Engineer reviewed the grading and utility plans. Resolution No 2005-43 MOTION: of Grendahl, seconded by Erickson, adopting approving site plan and uses for Landmark Corner, located southwest of the intersection of 153rd Street W. and Galaxie Avenue, in the Central Village, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. FIREWORKS ORDINANCE Fire Chief Wassmund gave the first reading of an ordinance amending City Code Section 130.07 regulating fireworks. The amendment defines what consumer fireworks are, addresses when and where they may be used, clarifies storage requirements, and establishes licensing regulations for the sale of consumer fireworks. It also sets the annual license fee at $100, as allowed by State Statute. Due to questions already being asked by fireworks vendors as to the City’s requirements, it was requested the second reading be waived. MOTION: of Erickson, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 770 and passing amending Section 130.07 of the City Code CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 2005 Page 6 regulating fireworks, and setting the annual license fee at $100. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Grendahl thanked Farmington Councilmember Fogarty for attending the Apple Valley Economic Development Authority meeting this morning and the Farmington City Council for setting a special meeting on March 24, 2005, to discuss issues relating to transit parking and agreeing to look at joining the transit taxing district. She requested a letter be sent thanking them for their willingness to participate in finding solutions to public transit and parking issues in this area. The Council received a memo dated March 7, 2005, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated March 2, 2005, in the amount of $11,076,200.26; and March 9, 2005, in the amount of $807,453.64. Ayes - 5 - Nays - 0. CLOSE MEETING - ATTORNEY-CLIENT PRIVILEGE Mr. Dougherty asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss the David Fischer Property Acquisition. MOTION: of Grendahl, seconded by Erickson, to close the regular meeting and convene in closed session to discuss the acquisition of property from David Fischer with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 8:38 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 8:42 p.m., along with City Attorney Dougherty, City Administrator Lawell, and City Clerk Gackstetter. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Mr. Dougherty then discussed the David Fischer property acquisition with the Council. The Council reconvened in open session at 9:02 p.m. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:03 o’clock p.m.