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Home My WebLink About09/08/2005 CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 8, 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, 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, City Planner Lovelace, 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 Erickson, seconded by Grendahl, 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 Grendahl, approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of August 25, 2005, as written. Ayes - 4 - Nays - 0. Resolution No. 2005-156 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2005 Page 2 October 8, 2005, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Release and Hold Harmless Agreement for Firefighter Training Exercise with Amy and William Radichel, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the reduction of financial guarantee for Valley Business Park from $15,125.00 to $3,000.00. Ayes - 4 - Nays - 0. Resolution No. 2005-157 MOTION: of Bergman, seconded by Grendahl, adopting approving specifications for Project 05-300, Maintenance of Deep Wells No.’s 6 and 11, and Water Treatment Plant High Zone Pump 3; and authorizing advertising for receipt of bids, at 2:00 p.m., on October 6, 2005. Ayes - 4 - Nays - 0. Resolution No. 2005-158 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for Project 05-293, Galaxie Avenue Turn Lanes and Improvements, to Bituminous Roadways, Inc., the low bidder, in the amount of $547,543.13. Ayes - 4 - Nays - 0. Resolution No. 2005-159 MOTION: of Bergman, seconded by Grendahl, adopting rejecting bids for Project 98-500, Embry Estates Utility and Street Improvements, because necessary easements have not been acquired. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 3 to the contract with Frontier Construction Company, for Project 02-196, Legacy Village North Utility and Street Improvements, in the amount of $52,191.87. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 2 to the contract for Project 03-238, Harmony Commons Utility and Street Improvements, in the amount of $28,750.00; accepting the project as final; and authorizing final payment to Frontier Construction Company, in the amount of $41,348.41. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring Adam Tschida to the full- time position of Police Officer as listed in the Personnel Report dated September 8, 2005. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated September 8, 2005. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA FIREFIGHTERS' RELIEF ASSOCIATION BOOYA FUND RAISER CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2005 Page 3 Fire Chief Wassmund described activities planned for the Firefighters' Relief Association 27th annual "Booya" fund raiser on September 17, 2005, at Fire Station No. 1. Everyone is invited to attend. The event starts at 11:00 a.m. Activities such as bingo, silent auction, kids’ games, and games of chance continue throughout the day. RING-AROUND-THE-ARTS FESTIVAL Parks and Recreation Director Johnson, Recreation Supervisor Bird, and Ring-Around-The-Arts Executive Director Julie Burns were present and described activities planned for the 13th annual Ring-Around-The-Arts Festival on September 17 and 18, 2005. The Festival will be held in the parking lot at the Outdoor Aquatic Center and features regional artists. They thanked the sponsors and the City for supporting the Festival. They also invited everyone to attend a wine and specialty beer tasting fund-raiser being held on October 6, 2005, from 6:30 to 9:00 p.m., at the Minnesota Zoo. MOTION: of Erickson, seconded by Grendahl, approving of Ring-Around-The-Arts Festival activities at the Aquatic Center parking lot as described in the Parks and Recreation Director’s and Recreation Supervisor’s memo dated September 2, 2005. Ayes - 4 - Nays - 0. EXTENDED GRADING AT 160TH STREET AND PILOT KNOB ROAD Mr. John Ericson, Fischer Sand & Aggregate, L.L.P., asked the Council to consider extending the grading hours, to include Saturdays, for material extraction from property located on the northwest corner of 160th Street W. and Pilot Knob Road. MOTION: of Erickson, seconded by Grendahl, approving extending the grading hours for material extraction from property located near the northwest corner of 160th Street W. and Pilot Knob Road to include Saturdays, between the hours of 8:00 a.m. and 3:30 p.m., effective September 10, 2005, through December 31, 2005. Ayes - 4 - Nays - 0. EDDIE CHENG’S RESTAURANT –CONDITIONAL USE PERMIT Mr. Lovelace reviewed the petitioner’s request for a Conditional Use Permit to allow for a Class II (carry-out) restaurant in the Galaxie Commons building located on the northwest corner of Galaxie Avenue and 153rd Street W. The restaurant will occupy approximately 1,100 square feet of this multi-tenant retail building. The initial request also included a request for a variance from the minimum on-site parking requirement of nine spaces. After further review, it was determined an additional ten parking spaces could be located on the west side of the building, eliminating the need for the variance. The City’s traffic consultant reviewed the parking proposal and found it acceptable. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2005 Page 4 Resolution No. 2005-160 MOTION: of Bergman, seconded by Erickson, adopting approving a Conditional Use Permit to allow for a 1,100 square foot Class II (carry out) restaurant in a “RB” zone, on Lot 2, Block 1, Culvers Addition (15265 Galaxie Avenue), for Eddie Cheng’s, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE AMENDING SIGNS REQUIRING A PERMIT Ms. Dykes gave the first reading of an ordinance amending City Code Section 154.04, Signs Requiring a Permit, to allow temporary signage at multiple residential rental complexes. Signs advertising rental units would be subject to the same rules as other temporary signs in that they would require a permit, must be located on the property, and cannot be located on the site for more than 30 days per calendar year. The Council accepted the first reading. The second reading will be September 22, 2005. COUNCIL COMMUNICATIONS Councilmember Bergman said he has been to Alimagnet Park on several occasions and has noticed anywhere from 2 to 54 individuals enjoying the newly installed Frisbee golf course. He suggested a similar course be built on the east side of the City. Councilmember Bergman further suggested new parks be named after families or individuals who significantly contributed to building Apple Valley or were pioneers of the City. Councilmember Erickson asked staff to provide Council with traffic counts for the lower end of Garden View Drive. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Erickson, approving the calendar of upcoming events as included in the City Clerk’s memo dated September 2, 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 Grendahl, to pay the claims and bills, check registers dated September 1, 2005, in the amount of $122,697.52; and September 7, 2005, in the amount of $8,719,789.65. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:35 o’clock p.m.