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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.