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HomeMy WebLinkAbout05/26/2005 CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 26, 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 Manson, Police Captain Anglin, Finance Director Ballenger, Associate City Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Human Resources Manager Strauss. 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 Girl Scouts Lauren Mitrenga and Ashley Tooley. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE – ARBOR DAY TREE PLANTING 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. Mayor Hamann-Roland thanked Dakota Electric for donating a river birch tree which was planted prior to tonight’s meeting in commemoration of Arbor Day. Dakota Electric Board Chair Margaret Schreiner and Board Members Ken Danner, Bill Holton, and Janet Lekson were present. CONSENT AGENDA MOTION: of Bergman, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of May 12, 2005, as written. Ayes - 5 - Nays - 0. Resolution No. 2005-80 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $294.02 from the Greater Twin Cities United Way for use towards Parks and Recreation Department Programs. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2005 Page 2 MOTION: of Bergman, seconded by Grendahl, authorizing issuance of a Temporary On-Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion Post 1776, for an outdoor area at 14521 Granada Drive, valid on July 3 and 4, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the amended and restated Minnesota Valley Transit Authority Joint Powers Agreement establishing the Minnesota Valley Transit Authority, which removes the term limit language associated with the At Large Commissioner and Alternate At Large Commissioner positions. Ayes - 5 - Nays - 0. Resolution No. 2005-81 MOTION: of Bergman, seconded by Grendahl, adopting approving participation in a Countywide 800 MHz Public Safety Radio System. Ayes - 5 - Nays - 0. Resolution No. 2005-82 MOTION: of Bergman, seconded by Grendahl, adopting approving participation in a Countywide Joint Dispatch. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl approving submittal of an application for an Oak Wilt Management Grant, in the amount of $48,915.00, for the period 2005 to 2007, to the Minnesota Department of Natural Resources as attached to the Natural Resources Coordinator’s memo dated May 26, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Intergovernmental Agreement with the Metropolitan Council for the 2005 Citizen Assisted Lake Monitoring Program (CAMP), on Lake Alimagnet and Farquar, Long, and Cobblestone Lakes, in the amount of $2,075.00, as attached to the Natural Resources Coordinator’s memo dated May 26, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Tree Planting in City Parks as final and authorizing final payment on the contract with God’s Country Nursery and Design in the amount of $13,160.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Drinking Fountain Installation at Valleywood as final and authorizing final payment on the contract with Wenzel Plumbing and Heating in the amount of $1,290.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract with Becker Arena Products, for Arena Locker Room Floor Tile, in the amount of an additional $500.00; accepting the contract as final, and authorizing final payment in the amount of $18,148.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2005 Page 3 MOTION: of Bergman, seconded by Grendahl, approving the release of financial guarantee for Remax Office Building as indicated in the Community Development Department Specialist’s memo dated May 23, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a front yard setback variance of 27 feet to allow construction of a covered porch on Lot 6, Block 5, Hunters Ridge (12649 Dover Drive), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, extending the building permit authorization for Tuscany Apartments to March 12, 2006, as described in the Associate City Planner’s memo dated May 20, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, referring residential parking regulations to the Urban Affairs Committee for a comprehensive review and recommendation, as described in the Community Development Director’s memo dated May 20, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, tabling consideration of eminent domain to acquire the David Fischer property until June 23, 2005, to provide the City Attorney time to review an updated appraisal, as described in the Public Works Director’s memo dated May 26, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the promotion of Jon Rechtzigal to the position of Police Captain as listed in the Personnel Report dated May 26, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated May 26, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA GIRL SCOUT CERTIFICATES OF COMMENDATION The City Council recognized Apple Valley Girl Scouts Patti Achterling, Lauren Mitrenga, Molly Peterson, and Ashley Tooley for earning the Girl Scout Gold Award, the highest award in Girl Scouting. Lauren Mitrenga, Molly Peterson, and Ashley Tooley were presented Certificates of Commendation. Patti Achterling was not able to attend the recognition. Her certificate is being sent to her. 2005 SPECIAL ASSESSMENT ROLL 533 CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2005 Page 4 Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., on Special Assessment Roll No. 533 and noted receipt of the affidavit of publication of the hearing notice. Mr. Ballenger described the assessment roll, totaling $94,773.15 for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:21 p.m. Resolution No. 2005-83 MOTION: of Erickson, seconded by Grendahl, adopting approving and levying 2005 Special Assessment Roll No. 533, delinquent utility charges, in the total amount of $94,773.15. Ayes - 5 - Nays - 0. 2005 SPECIAL ASSESSMENT ROLL 534 Mayor Hamann-Roland called the public hearing to order, at 8:22 p.m., on Special Assessment Roll No. 534 and noted receipt of the affidavit of publication of the hearing notice. Mr. Ballenger reviewed his memo dated May 20, 2005, describing the assessment roll, totaling $271,184.00, for Project 98-334, Galles Utility and Street Improvements. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:23 p.m. Resolution No. 2005-84 MOTION: of Bergman, seconded by Goodwin, adopting approving and levying 2005 Special Assessment Roll No. 534, in the total amount of $271,184.00. Ayes - 5 - Nays - 0. HARMONY COMMONS SUBSIDY AGREEMENT Mr. Kelley said the $2,356,244.00 Livable Communities Demonstration Account (LCDA) Grant the City received from the Metropolitan Council to assist in the construction of an underground parking garage in the central block of Harmony Commons is considered a business subsidy pursuant to §116J.993-95, and requires a public hearing. The Business Subsidy Agreement memorializes the grant’s purpose and the developer’s obligations. There are three primary requirements of the developer. They are constructing a mixed-use project containing 77 hotel rooms, 57,000 square feet of commercial building space, surface and underground parking containing 370 stalls; the dedication of 197 stalls for use by the general public; and the creation of at least 92 full time equivalent jobs. Mayor Hamann-Roland called the public hearing to order, at 8:27 p.m., to consider a business subsidy for Harmony Triangle, L.L.C., in the amount $2,356,244.00 to assist in the construction of an underground parking garage in the central block of Harmony Commons, and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:28 p.m. MOTION: of Erickson, seconded by Bergman, approving the Business Subsidy Agreement with Harmony Triangle, L.L.C., as attached to the Community Development CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2005 Page 5 Director’s memo dated May 20, 2005, and authorizing the Mayor and City Council to sign the same. Ayes - 5 - Nays - 0. LEGACY 5TH ADDITION – FINAL PLAT & DEVELOPMENT AGREEMENT Ms. Dykes reviewed the final plat and development agreement for Legacy of Apple Valley 5th Addition, located on the southeast corner of Galaxie Avenue and 153rd Street W., as attached to her memo dated May 23, 2005. Councilmember Erickson noted developers regularly request to pay cash in lieu of park dedication and questioned if the City’s conversion rate is adequate. Mr. Johnson said he believes the cash payment conversion is proper and stated it is evaluated each year. Mayor Hamann-Roland asked the petitioner if he would consider an external walkway through the building. Mr. Frank Janes, General Counsel with Hartford Group, Inc., said this is the first time he has heard this request. The building is designed with a fully-closed corridor. The doors to the corridor will be open to the public during normal business hours of its tenants, which is likely to be somewhere between 7:00 - 8:00 a.m. to 8:00 - 9:00 p.m. Mayor Hamann-Roland asked if it was possible to have the corridor open later. Mr. Mark Zweber, the property owner, said he will consider leaving the corridor open if the City will indemnify him. Mayor Hamann-Roland asked if it would be possible to leave the doors open until 11:00 p.m. on a trail basis. Mr. Mark Zweber said he is not willing to do so without indemnification. Councilmember Goodwin said he did not feel the distance required to walk around the building was significant, and said the streetscape along the building will be attractive. Resolution No. 2005-85 MOTION: of Bergman, seconded by Erickson, adopting approving the final plat and subdivision agreement for The Legacy of Apple Valley 5th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays – 0. EASTWOOD RIDGE 2ND ADDITION Mr. Kelley reviewed the Planning Commission recommendation, with revisions, for rezoning, variances, and preliminary plat on the proposed Eastwood Ridge 2nd Addition, a 10.49-acre site located at 12845 Galaxie Avenue. The petitioner is requesting the site be rezoned from R-1 (Single Family Residential, 40,000 square foot minimum lot) to R-2 (Single Family Residential, 18,000 square foot minimum lot) and R-3 (Single Family Residential, 11,000 square foot minimum lot). The plan is to divide the site into 19 single family residential lots and 2 outlots. The lots on the west side would be zoned R-3 and the lots on the east side would be zoned R-2. Designating Lots 8 and 17 as outlots provides the Council the opportunity to review specific footprints and tree preservation plans when the lots are replatted. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2005 Page 6 Two public streets are proposed. The lots on the west would be served by Garret Court, which would meet with Garret Avenue. The lots on the east would be served by 128th Street Court which would intersect with Galaxie Avenue. The front yard set back variance request is for Lots 7, 18, and 17 (Outlot B). The side yard setback variance is for Lot 21. The street grade variance is for an additional two percent for a small east-west section of Garrett Court. In addition, the developer has requested the sidewalks along Garret Court be eliminated. Ordinance 778 MOTION: of Grendahl, seconded by Erickson, passing rezoning property located at 12845 Galaxie Avenue, from “R-1” (Single family residential, minimum lot size 40,000 square feet) to “R-2” (Single family residential, minimum lot size 18,000 square feet) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Ordinance 779 MOTION: of Grendahl, seconded by Erickson, passing rezoning property located at 12845 Galaxie Avenue, from “R-1” (Single family residential, minimum lot size 40,000 square feet) to “R-3” (Single family residential, minimum lot size 11,000 square feet) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a 2 percent street grade variance for a section of street serving Lots 1-6 and 18-21, a 5-foot side yard setback variance on Lot 21, and 10-foot front yard setback variances on Lots 7 and 18 and Lot 17 (Outlot B), for property located at 12845 Galaxie Avenue, as described in revised item 5.F, with conditions, and as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-86 MOTION: of Bergman, seconded by Erickson, adopting approving the preliminary plat for Eastwood Ridge 2nd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-87 MOTION: of Grendahl, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary report for Project 04-275, Eastwood Ridge 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. LEBANON PARK-AND-RIDE NAME Mr. Lawell said the Physical Development Committee of the County Board shares the City Council’s concern with the name Lebanon for the park-and-ride to be constructed on the west side of Pilot Knob Road between future 157th Street on the north and future 158th Street on the south. The County is open to name suggestions. Considering there will be a significant athletic complex adjacent to the park-and-ride, it may make sense to tie the park-and-ride name to the park/athletic complex name. The Council referred CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2005 Page 7 finding a suitable name for the park/athletic complex to the Parks and Recreation Advisory Committee. Upon receiving the Committee’s recommendation, if appropriate, the Council will forward the name to the County for use in naming the park-and-ride. COUNCIL COMMUNICATIONS Representative Lloyd Cybart, Apple Valley American Legion Post 1776 Memorial Day Chair, invited everyone to participate in Memorial Day activities taking place at the American Legion and Fire Station #1, on May 30, 2005. Mayor Hamann-Roland congratulated Jon Rechtzigal on his promotion to Police Captain. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, adding Memorial Day activities to the calendar of upcoming events and approving the calendar of upcoming events included in the City Clerk’s memo dated May 23, 2005, and noting that each event is deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated May 19, 2005, in the amount of $15,999,930.86; and May 26, 2005, in the amount of $4,538,791.97. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:32 o’clock p.m.