HomeMy WebLinkAbout07/28/2005
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 28, 2005
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held July 28, 2005, at 8:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Grendahl.
ABSENT: Councilmember Goodwin.
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 Bodmer, Associate City Planner Dykes, Assistant Administrator Grawe,
Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson,
Community Development Director Kelley, Police Captain Rechtzigal, 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 to the flag.
APPROVAL OF AGENDA
MOTION: of Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as
amended. Ayes - 4 - 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
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Bergman, seconded by Erickson, adding item 4.P - Adopt Resolution Accepting
$200.00 Donation from Target Super Store for Use Towards National Night Out
and 4.Q - Adopt Resolution Amending Fees for Certain City Services, and
approving all items on the consent agenda. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Erickson, approving the minutes of the regular meeting
of July 14, 2005, as written. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 28, 2005
Page 2
Resolution No. 2005-134
MOTION: of Bergman, seconded by Erickson, adopting accepting,
with thanks, the donation of $1,500.00 from MJM Foundation towards the
purchase of an Automated External Defibrillator (AED) for the Parks and
Recreation Department. Ayes - 4 - Nays - 0.
Resolution No. 2005-135
MOTION: of Bergman, seconded by Erickson, adopting approving
issuance of a lawful gambling exempt permit, by the State Gambling Control
Board, to Apple Valley Ducks Unlimited #185, for use on September 14, 2005,
and waiving any waiting period for State approval. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving a change in officer for Chipotle
Mexican Grill of Colorado, L.L.C., d/b/a Chipotle Mexican Grill, in connection
with the On-Sale 3.2 Malt Liquor and Wine Licenses at 7638 – 150th Street W.,
naming Montgomery F. Moran as Manager; as described in the City Clerk’s memo
dated July 25, 2005. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving issuance of a Temporary On-Sale
3.2 Percent Malt Liquor License to Apple Valley American Legion Post 1776 for
use on September 17, 2005, at Fire Station No. 1; as described in the City Clerk’s
memo dated July 25, 2005. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving the Joint Powers Agreement with
Dakota County and the Cities of Burnsville, Eagan, Farmington, Hastings, Inver
Grove Heights, Lakeville, Mendota Heights, Rosemount, and South St. Paul for
acquisition and licensing of software from Pictometry International Corporation, as
attached to the Community Development Director’s memo dated July 22, 2005;
and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, receiving the City’s 2004 Financial Audit and
Management Letter from Kern, DeWenter, Viere, Ltd. Ayes - 4- Nays - 0.
Resolution No. 2005-136
MOTION: of Bergman, seconded by Erickson, adopting approving
plans and specifications for North Legacy Park Concrete Walks and Curbing
Installation; and authorizing advertising for receipt of bids, at 1:00 p.m., on August
18, 2005. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving the reduction of financial
guarantees for Cobblestone Lake 3rd Addition from $217,868.00 to $167,348.00.
Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving issuance of a building permit for a
model home on Lot 3, Block 12, Cobblestone Lake South Shore, with conditions,
as described in the City Planner’s project summary. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 28, 2005
Page 3
Resolution No. 2005-137
MOTION: of Bergman, seconded by Erickson, adopting approving
plans and specifications for Project 05-293, Galaxie Avenue Turn Lanes and
Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on
September 1, 2005. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving Change Order No. 2 to the contract
with Frontier Construction Company, for Project 02-196, Legacy Village North
Utility and Street Improvements, in the amount of $141,176.79, for miscellaneous
changes. Ayes - 4 - Nays - 0.
Resolution No. 2005-142
MOTION: of Bergman, seconded by Erickson, adopting approving
the final plat and Subdivision Agreement for Wirsbo Second Addition, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving the appointment of Alan Cross as
Captain for Fire Station 1, as described in the Fire Chief’s memo dated July 21,
2005. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving the promotion of Theresa Reyer to
the full-time position of Police Dispatcher as listed in the Personnel Report dated
July 28, 2005. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving the transfer of Bev Grove to the
full-time position of Police Records Technician as listed in the Addendum to the
Personnel Report dated July 28, 2005. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving hiring the part-time and seasonal
employees as listed in the Personnel Report dated July 28, 2005. Ayes - 4 - Nays -
0.
Resolution No. 2005-138
MOTION: of Bergman, seconded by Erickson, adopting accepting,
with thanks, the donation of $200.00 from Apple Valley Target Super Store for
use towards National Night Out. Ayes - 4 - Nays - 0.
Resolution No. 2005-139
MOTION: of Bergman, seconded by Erickson, adopting amending
fees for certain City services. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT UPDATE
Ms. Marian Brown, Dakota County Soil and Water Conservation District (DCSWCD) Board
Member, gave a brief overview of DCSWCD activities. Most 2005 projects have been in rural
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 28, 2005
Page 4
areas; however, a shoreline stabilization project was completed on Keller Lake. The DCSWCD
also offers a tree and shrub sale in spring. Anyone interested in more information about the tree
and shrub sale or the Dakota County Soil and Water Conservation District can go to their website
at www.dakotacountyswcd.org.
NATIONAL NIGHT OUT
Ms. Pam Walter, Crime Prevention Specialist, reviewed the agenda of activities planned
throughout the City for the 22nd annual “National Night Out” on August 2, 2005. The Kick-off
Event begins at 9:00 a.m. at the Municipal Center, and will feature Police K-9 Radar. She invited
everyone to attend a picnic sponsored by the Business Watch program, from 11:00 a.m. to 2:00
p.m., at 15010 Glazier Avenue. Visits by the Police and Fire Departments, ALF Ambulance, and
Councilmembers to neighborhood events will begin at 5:00 p.m., and continue throughout the
evening.
MOTION: of Bergman, seconded by Grendahl, proclaiming August 2, 2005, as “National
Night Out” and encouraging citizens to participate in and support the crime
prevention efforts this opportunity offers. Ayes - 4 - Nays - 0.
APPLE VALLEY ROTARY RACIN’ & TASTIN’
Mr. Scott Ramsdale, Apple Valley Rotary Club President, reviewed the agenda of activities
planned for Racin’ & Tastin’ on September 10, 2005, at the Apple Valley Commons Office
Complex. The name was changed to better reflect the enhancements which make it a more
family-friendly event. In addition to the go-cart race, there will be a 3-on-3 hoops competition, an
outdoor music stage, an outdoor foosball tournament, the Kid Prix play area, and more food.
Everyone was invited to attend. Proceeds go towards local scholarships, a polio eradication
project, and a clean water wells project.
MOTION: of Erickson, seconded by Grendahl, declaring Racin’ & Tastin’ to be a one-day
community event on September 10, 2005, at Apple Valley Commons, located at
7300 – 147th Street W. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving Racin’ & Tastin’ as a Special
Outdoor Promotion, for Apple Valley Commons, located at 7300 – 147th Street
W., pursuant to zoning regulations Section 155.359. Ayes - 4 - Nays - 0.
REVISED LANDMARK CORNER SITE PLAN
Ms. Dykes reviewed the request by Harmony Triangle, L.L.C., for site plan authorization for
revisions to the Landmark Corner development, located southwest of the intersection of 153rd
Street W. and Galaxie Avenue. The Landmark Corner contains three mixed-use buildings on the
2.5-acre site. They are the Landmark Tower, the Concourse Building, and the Grandstay Hotel.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 28, 2005
Page 5
There will be 301 parking spaces in an underground garage and 67 surface parking spaces. The
site plan was approved by the City Council on March 10, 2005. The City Engineer has reviewed
the grading plan and utility plans. The Planning Commission voted unanimously to recommend
approval of the revised site plan authorization at its meeting on July 20, 2005.
Mayor Hamann-Roland asked the developer to consider incorporating natural lighting in the
underground parking garage, if possible.
Councilmember Erickson asked when the developer may break ground on the project.
Mr. Eric Pederson, of Pedersen Ventures, said they hope to begin within the next few months and
open in late Fall of 2006.
Resolution No. 2005-140
MOTION: of Grendahl, seconded by Bergman, adopting approving
the revised site plan authorization for Landmark Corner, located on Outlot B,
Harmony Commons Addition, with conditions, as recommended by the Planning
Commission. Ayes - 4 - Nays - 0.
JAMES BARTON BUILDING SITE PLAN & BUILDING PERMIT
Ms. Dykes reviewed the Planning Commission recommendation on a building permit for a 16,000
square-foot “L”-shaped office-warehouse building and a 740 square-foot accessory storage
building located on the southeast corner of Johnny Cake Ridge Road and 148th Street W. The
site is 2.1 acres. The office-warehouse building is proposed to be 26 feet tall and will be
constructed so a second floor could be added in the future. There are 56 parking spaces.
Resolution No. 2005-141
MOTION: of Grendahl, seconded by Bergman, adopting approving
the site plan and authorizing issuance of a building permit for construction of an
office-warehouse building and accessory storage building on Lot 1, Block 1, North
Star Industrial Park 2nd Addition, with conditions, as recommended by the
Planning Commission. Ayes - 4 - Nays - 0.
ORDINANCE AMENDING REGULATIONS REGARDING STREETS AND SIDEWALKS
Mr. Heuer gave the second reading of ordinances amending Chapter 96 of the City Code, which
regulates streets and sidewalks, as described in his memo dated July 28, 2005. The proposed
amendment to Section 96.04, Media Vending Boxes, prohibits affixing and/or securing media
vending boxes to public property and addresses placement. The proposed amendment to Section
96.05, Mailboxes along the Ring Route, expands the regulations to include Fischer Market Place
and Central Village Areas.
Ordinance No. 781
MOTION: of Erickson, seconded by Grendahl, passing amending Section
96.04, Media Vending Boxes, of the City Code to prohibit affixing and securing
media vending boxes to public ways and extend regulations relating to use and
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 28, 2005
Page 6
appearance of media vending boxes to all public ways within the City. Ayes - 4 -
Nays - 0.
Ordinance No. 782
MOTION: of Bergman, seconded by Erickson, passing amending Section
96.05, Mailboxes along the “Ring Route”, of the City Code to extend regulations
to Fischer Market Place and the Central Village and extend the regulations
regarding affixing media boxes to other areas. Ayes - 4 - Nays - 0.
STAFF COMMUNICATIONS
Mr. Lawell said Apple Valley businesses are currently receiving on-site mail delivery. Due to
delivery times, some businesses may opt to pick their mail up at the post office.
Mr. Johnson said pool attendance is up 68 percent from last year.
COUNCIL COMMUNICATIONS
Mayor Hamann-Roland said approximately 70 people attended the Airports Commission Open
House on July 26, 2005. She invited the public to attend the Open Houses scheduled to begin at
6:30 p.m. on August 23, 2005, at Falcon Ridge Middle School and on August 30, 2005, at Scott
Highlands Middle School.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Erickson, approving the revised calendar of upcoming
events as included in the City Clerk’s memo dated July 28, 2005, and noting that
each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4
- Nays - 0.
CLAIMS AND BILLS
MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers
dated July 21, 2005, in the amount of $3,645,701.51; and July 27, 2005, in the
amount of $642,634.74. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 8:51 o’clock p.m.