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HomeMy WebLinkAbout11/22/2005 CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 22, 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, Assistant Finance Director Broughten, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Rechtzigel, 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, adding item 5.E.2.A - Joint Meeting with Planning Commission, and 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. Apple Valley Chamber of Commerce President Ed Kearney introduced Mary Domagalski, owner of a new spa and salon coming to Apple Valley. Ms. Domagalski said she is opening a full-service spa and salon that will employ over 40 people. The name of the business will be unveiled mid- December. The business, which will open the first part of 2006, is located in the Legacy Shops on Galaxie Avenue. The Council welcomed and congratulated her. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. MOTION: of Goodwin, seconded by Bergman, moving consideration of item 4.A – Minutes of October 27, 2005, Regular Meeting, to the regular agenda, and approving all items on the consent agenda, as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2005 Page 2 CONSENT AGENDA ITEMS Resolution No. 2005-202 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of a 1990 school bus from Independent School District 186, Robbinsdale, for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2005-203 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of a 1992 Ford Explorer from Nathan Bang, 16170 Huron Court, Lakeville, for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2005-204 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the American Legion Auxiliary, Unit 1776, for use on January 14, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2005-205 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the American Legion Auxiliary, Unit 1776, for use on March 11, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a 2005 Coin-Operated Amusement Device License for Dean Superior Vending at Majors Sports Cafe, 14889 Florence Trail. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing application to OSHA for a matching safety grant in the amount of $9,257.09 as submitted by the Utilities and Parks Maintenance Divisions, and attached to the Public Works Superintendent’s memo dated November 22, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the release of financial guarantee for McDonalds – Landscape, and the reduction of financial guarantee for Cobblestone Lake 3rd Addition from $745,150.00 to $135,773.00, as listed in the Community Development Secretary’s memo dated November 18, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a rear yard setback variance to allow construction of a garage addition to within 20 feet of the rear lot line on Lot 1, Block 1, Apple Valley East Fifth Addition (4556 – 152nd Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-206 MOTION: of Goodwin, seconded by Bergman, adopting approving a Conditional Use Permit to allow for outdoor storage of vehicles on Lot 1, Bock 1, Apple Valley Industrial Park Fifth Addition (6781 – 146th Street W.), Dick’s CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2005 Page 3 Valley Service, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays – 0. Resolution No. 2005-207 MOTION: of Goodwin, seconded by Bergman, adopting ordering the City Engineer to prepare a preliminary report for Project 05-311, Cobblestone Trunk Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Erickson Contracting, Inc., for Project 94-371, Valley Oaks Estates Utility and Street Improvements, in the amount of $4,700.00 for excavating and conduit crossings. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Bituminous Roadways, Inc., for Project 05-293, Galaxie Avenue Turn Lanes, in the amount of $14,014.77 for additional storm sewer. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract for Roof Replacement – Liquor Store #2/PDQ Store by adding $221.50, accepting the work as final, and authorizing final payment on the contract with A- Plus Roofing Company in the amount of $28,971.50. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Removal of Existing and Installation of New Concrete at Fire Station 1 as final and authorizing final payment on the contract with Wagner Construction of Hampton, Inc., in the amount of $10,850.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the seasonal employees listed in the Personnel Report dated November 22, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MINUTES OF NOVEMBER 10, 2005 MOTION: of Erickson, seconded by Bergman, directing the City Clerk to amend the minutes to reflect a second by Goodwin on the motion approving the agenda of the regular meeting of November 10, 2005, and approving the minutes of the regular meeting of November 10, 2005, as corrected. Ayes - 4 - Nays - 0 - Abstain - 1 (Grendahl). R.A.I.R. MENTORING PROGRAM Ms. Mary Jo DeLise, R.A.I.R. Executive Director, introduced the R.A.I.R. mentoring program which will be introduced at Falcon Ridge Middle School on January 17, 2006. She shared the values and objectives of the program and provided statistics on the benefits of mentoring. The CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2005 Page 4 R.A.I.R. program is centered around the idea of “giving back” to the community. The group meets once a month and is self-supporting. Initially, six community projects will be available from which children may select. Coordinators are currently working with the Parks and Recreation Department to include a garden plot or similar project in Kelley Park. 2006 ON-SALE LIQUOR AND WINE LICENSE RENEWALS Mayor Hamann-Roland called the public hearing to order at 8:19 p.m. to consider renewal applications for on-sale liquor and wine licenses for the year 2006 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the list of applications as attached to her memo dated November 18, 2005. Necessary checks of police and tax records have been conducted and indicate nothing which would preclude renewing the licenses. 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. MOTION: of Bergman, seconded by Goodwin, approving renewal, for 2006, of on-sale liquor Resolutions No. 2005-208 and wine licenses by adopting for Apple American No. Limited Partnership of Minnesota d/b/a Applebee's Neighborhood Grill & Bar; 2005-209No. 2005- for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; 210No. 2005-211 for E1 Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant; No. 2005-212 for GGLC Management Group, Inc., d/b/a Fajita’s Southwest Grill; for No. 2005-213 H.O.C., Inc., d/b/a Rascals-AppleValley-Bar & Grille; for Lancer Food No. 2005-214 Service, Inc.; for LRB Restaurant Company d/b/a Grizzly's Grill N' No. 2005-215 Saloon; for Minnesota Robins, Inc., d/b/a Red Robin of Apple Valley; No. 2005-2162005-217 for Rich Management., Inc., d/b/a Apple Place; for RT No. 2005-218 Minneapolis Franchise, LLC, d/b/a Ruby Tuesday; for Wadsworth Old No. No. 2005-219 Chicago, Inc., d/b/a Old Chicago; for Water's Edge Restaurant, No. 2005-220No. LLC, d/b/a Enjoy!; for Apple Valley American Legion Post 1776; 2005-221 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 2005-222No. for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; 2005-223No. for Grand Central Station, Inc., d/b/a Broadway Station Apple Valley; 2005-224No. 2005-225 for JI, Inc., d/b/a Jade Island Chinese Cuisine; for Planned No. 2005-226 Enterprises, LLC, d/b/a Joey’s Only Seafood Restaurant; and for The Noodle Shop Company - Colorado, Inc., d/b/a Noodles & Company. Ayes - 5 - Nays - 0. VACATION OF EASEMENTS AT 13130 AND 13144 GALLERIA PLACE Mayor Hamann-Roland called the public hearing to order, at 8:23 p.m., to consider the vacation of drainage and utility easements on Lots 5 and 6, Block 1, Royal Oak Estates (13130 and 13144 Galleria Place), and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed the request for vacating the easements. The lots will be replatted to accommodate a garage owned by the resident of Lot 5 but almost completely located on Lot 6. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2005 Page 5 The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:24 p.m. Resolution No. 2005-227 MOTION: of Erickson, seconded by Goodwin, adopting completing vacation of the drainage and utility easement on Lots 5 and 6, Block 1, Royal Oaks Estates (13130 and 13144 Galleria Place), and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. ROYAL OAKS THIRD ADDITION FINAL PLAT Mr. Lovelace described the request for a replat of two lots in Royal Oaks Third Addition. The properties are located at 13130 and 13144 Galleria Place. The property owners are requesting the replat because a garage owned by the resident on Lot 5 is almost completely located on Lot 6. The replat would redraw the common north/south property line and establish new drainage and utility easements. Resolution 2005-228 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat for Royal Oaks Third Addition and waiving a Subdivision Agreement. Ayes - 5 - Nays - 0. COUNCIL MEETING SCHEDULE Mr. Lawell suggested the Council set the last meeting for the year for December 30, 2005, at 7:45 a.m., to approve paying the claims and bills. This meeting is typically very brief and will not be televised. MOTION: of Bergman, seconded by Grendahl, to set a special meeting on December 30, 2005, at 7:45 a.m. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, setting the 2006 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, as listed in the City Clerk’s memo dated November 18, 2005. Ayes - 5 - Nays - 0. Mr. Lawell said the Council previously indicated it would like to hold a joint meeting with the Planning Commission. After determining the entire Council could not be present on any of the dates suggested for January 2006, staff was directed to look for possible meeting dates in early February. CEMETERY ADVISORY COMMITTEE VACANCY Ms. Lawell reviewed the City Clerk’s memo dated November 18, 2005, listing applicants for the Cemetery Advisory Committee vacancy and the appointment process. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2005 Page 6 The Mayor called for nominations for the vacancy. Councilmember Bergman nominated Lisa Hiebert, Alan Kohls, and Christopher Melton. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Bergman, seconded by Goodwin, accepting the three nominations for Cemetery Advisory Committee. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names from the three nominees. After selections were made, they were tallied and the City Attorney announced that two names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Alan Kohls received the most votes. MOTION: of Goodwin, seconded by Erickson, appointing Alan Kohls to the Cemetery Advisory Committee for a term expiring March 1, 2008. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. OTHER STAFF ITEMS Mr. Lawell provided an update on the City’s request for a seat on the Noise Oversight Committee (NOC). Councilmember Bergman asked to be kept informed on current happenings regarding airport issues. COUNCIL ITEMS AND COMMUNICATIONS The Council wished everyone a safe and Happy Thanksgiving. Councilmember Grendahl commented on the mission to China which she just completed as a member of the Minnesota State Colleges and Universities (MnSCU) Board. The cultural exchange was exciting. One of the highlights was the higher education collaborative efforts with several universities. CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated November 18, 2005, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2005 Page 7 CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated November 16, 2005, in the amount of $330,314.16; and November 22, 2005, in the amount of $5,950,790.69. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:49 o’clock p.m.