CITY OF APPLE VALLEY
Dakota County, Minnesota
December 9, 1999
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 9th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Hamann-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Police Chief Erickson, Assistant to the Administrator Grawe, Assistant Public Works Director Heuer, Parks and Recreation Director Johnson, Community Development Director Kelley, City Planner Lovelace, Human Resources Manager Margarit, Assistant Planner Milton, and Public Works Director Miranowski.
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 Sterling, 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. There was no one was present to speak.
CONSENT AGENDA
MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Sterling, seconded by Grendahl, approving the minutes of the meeting of November 23rd, 1999, as written. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-270 accepting, with thanks, the donation of a 1988 Oldsmobile from Raymond T. Holm, Jr., to the Fire Department for training purposes. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-271 accepting, with thanks, the donation of $1,500.00 from Apple Valley American Legion Post 1776 for Hayes Park Arena signage. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, directing Staff to send a letter to the Dakota County Housing & Redevelopment Authority in support of its revenue bond issuance for the Zoo Farm Project financing, as described in the Community Development Director’s memo dated December 6, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving renewal, for 2000, of off-sale 3.2 percent malt liquor or beer licenses as listed in the City Clerk's memo dated December 9, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-272 authorizing the transfer of $241,755.00 from the Police Relief Fund to the General Fund for 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-273 authorizing the transfer of $200.000.00 from the Liquor Fund to the General Fund for 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-274 authorizing writing off, a total of $4,358.94, of uncollectible invoices and insufficient funds checks for 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving the 2000 fee schedules for the Sports Arena, Hayes Park Arena, Valleywood Golf Course, and the Out door Aquatic Center as attached to the Park & Recreation Director’s memo dated December 3, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving an amendment to the Agreement for Architectural Services, for the City Hall project, with CNH Architects to include design of data infrastructure and computer network closet electronics, at a cost of $6,000.00, as attached to the City Clerk’s memo dated December 6, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving a contract with Facility Systems, Inc., for design of departmental workstations and office furnishings for the City Hall Project, at a cost of $8,600.00, as attached to the Assistant to the City Administrator’s memo dated December 6, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving the revised 2000 rate schedule for general engineering services provided in the Agreement with Bonestroo, Rosene, Anderlik & Associates, Inc., as attached to the Public Works Director’s memo dated December 9, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving a change order to contracts for the Apple Valley Community Center Gym Addition/Teen Center Building, at described in the Construction Manager’s letter dated November 17, 1999, in the amount of an additional $800.00. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Cedar Isle Village Homes, from $38,417 to $16,200; Hidden Valley, from $3,951 to 0; Wyndemere, from $1,150 to $759; Wyndemere 2nd, from $1,525 to $762; Wyndemere 3rd, from $2,200 to $1,000; Wyndemere 4th, from $1,400 to $1,000; Wyndemere 5th, from $4,700 to 0; Waterford Village, from $38,308 to 0; Waterford Village 2nd, from $17,150 to 0; and Waterford Village Townhomes 2nd, from $16,031 to $8,031. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving the Agreement with Dakota County, Lakeville, and Rosemount for construction of County Road 46 east of Pilot Knob Road, City Project 97-531, as attached to the Public Works Director’s memo dated December 9, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-275 congratulating Minnetonka Mayor Karen Anderson on her election as Second Vice President of the National League of Cities at the organization’s annual conference. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving hiring Mark Moore for the position of Cable Coordinator, as listed in the Personnel Report dated December 9, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated December 9, 1999. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
DAKOTA COUNTY UPDATE
County Commissioner Will Branning was present to provide a quarterly update on Dakota County services. County-Treasurer-Auditor Tom Novak described activities of departments within the Public Service and Revenue Division of which he is director. The division was reorganized following legislative changes to make his position appointed. It now includes assessing services, property records, service/license centers, and libraries as well as Treasurer-Auditor functions. He provided statistics on growth of activities within this department and at the Western Service Center, which has been open for nearly nine years. He commented on increasing cooperative ventures with governmental entities within the County; noting the joint purchase of new election equipment as an example. The Council thanked them both for attending and continuing the updates.
2000 LIQUOR, WINE & BEER LICENSE RENEWALS
Mayor Hamann-Roland called the public hearing to order at 8:24 p.m. to consider renewal applications for on-sale liquor, wine and beer licenses for the year 2000 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk noted a list of the applications is attached to her memo dated December 6, 1999. 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 8:25 p.m.
MOTION: of Goodwin, seconded by Grendahl, approving renewal, for 2000, of on-sale liquor and wine licenses by adopting Resolutions No. 1999-276 for Apple American Limited Partnership of Minnesota, d/b/a Applebee’s Neighborhood Grill & Bar; No. 1999-277 for Rich Mgt., Inc., d/b/a Apple Place; No. 1999-278 for Buffalo Wild Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; No. 1999-279 for H.O.C., Inc., d/b/a Rascals; No. 1999-280 for LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon; No. 1999-281 for Lancer Food Service, Inc.; No. 1999-282 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; No. 1999-283 for Apple Valley American Legion Post 1776; No. 1999-284 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 1999-285 for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack; and No. 1999-286 for JI, Inc., d/b/a Jade Island Chinese Cuisine; and approving renewal of on-sale beer licenses as listed in the City Clerk’s memo dated December 6, 1999. Ayes - 5 - Nays - 0.
PROJECT 98-803 PUBLIC HEARING
Mayor Hamann-Roland called the public hearing to order, at 8:26 p.m., to consider Project 99-121, U-Haul Apple Valley Addition Trunk Utilities, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated October 29, 1999, and said the project is for the purpose of assessing previously installed trunk utility costs to the site. No additional construction is involved at this time. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:27 p.m.
MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1999-287 ordering Project 99-121, Trunk Utilities for U-Haul Apple Valley Addition. Ayes - 5 - Nays - 0.
PALOMINO EAST APARTMENT SITE REZONING
Mr. Lovelace reviewed the Planning Commission recommendation to rezone three parcels, located west of Pennock Avenue and north of Palomino Drive, to make them consistent with the Comprehensive Plan land use designation of low density residential. The property is currently zoned for apartment use and was included in the development moratorium enacted to allow analysis of appropriate land use for the area. The proposed rezoning to M-2C would allow townhouse development only.
MOTION: of Goodwin, seconded by Sterling, passing Ordinance No. 663 rezoning Outlots 6 and 8 Palomino Hills, and Outlot 1, Palomino Hills 2nd Addition, from "M-7C" to "M-2C" (multiple family residential, 3-5 units per acre), as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
140TH/PENNOCK/CEDAR AREA REZONING
Mr. Lovelace reviewed the Planning Commission recommendation to rezone four parcels, located south of 140th Street between Pennock and Cedar Avenues, to make them consistent with the Comprehensive Plan land use designation of high density residential. The property is currently zoned for a combination of high density residential and limited business uses. The proposed rezoning would allow 125 to 250 dwelling units on the site depending on development requested. The Planning Commission also reviewed surrounding streets and identified potential accesses to the site. The Council discussed site topography and noted developers would be encouraged to save as many trees as possible.
MOTION: of Erickson, seconded by Grendahl, passing Ordinance No. 664 rezoning Lot 3, Block 1, Pennock Place 3rd Addition, and part of the Northeast Quarter of Section 27 (south of 140th Street between Pennock and Cedar Avenues) from "M-7B", "M-6A", and "LB-1" to "M-8C" (multiple family residential, 12-24 units per acre), as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
RECREATIONAL VEHICLE PARKING REGULATIONS
Ms. Milton reported on the Urban Affairs Committee meeting of November 30, 1999, and advised that the Committee elected Shirley Doering as its Chair. She also reviewed her memo dated December 1, 1999, concerning placement of recreational vehicles on residential lots. The Committee recommended the City take no action in any private disputes regarding placement of such vehicles and not hire any private mediation firms for this purpose. It also recommended reviewing the City of Eagan’s ordinance, as a model for updating parking regulations, and suggested an update include a restriction that recreational vehicles be parked no closer than 13 feet from the edge of the roadway on residential lots.
Councilmember Sterling said she is concerned about the 13-foot setback requirement especially where driveways are shorter than 30 feet. Under other provisions of the Code, vehicles can be parked in the street when the driveway is parked to capacity. This type of change might result in more vehicles parked in the street. She said some type of "grandfathering" should be considered for existing properties if changes are made.
Councilmember Erickson said he believes the 13-foot front setback requirement is reasonable and if vehicles are parked in the sideyard, a sideyard setback is appropriate as well. The Council agreed other ordinances should be looked at, but no action taken on implementing any changes yet since, overall, the number of complaints has been minimal.
MOTION: of Erickson, seconded by Goodwin, accepting the Urban Affairs Committee’s recommendation on placement of recreational vehicles, as contained in the memo dated December 1, 1999, not to mediate any private disputes and directing Staff to proceed with investigating other cities’ ordinance to consider in amending definitions and regulations related to placement, storing, and parking of recreational vehicles. Ayes - 4 - Nays - 0 (Sterling Abstained).
2000 BUDGET & TAX LEVY
MOTION: of Erickson, seconded by Grendahl, adopting Resolution No. 1999-288 approving 2000 City Budgets with total revenue of $30,529,499 and total expenditures of $30,136,276. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1999-289 approving the 1999 tax levy collectible in 2000 in the net amount of $10,059,518.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1999-290 approving the 1999 transit tax levy collectible in 2000 in the net amount of $1,033,746.00. Ayes - 5 - Nays - 0.
MIRANOWSKI RECOGNITION
The Mayor and Council expressed their appreciation to Dennis Miranowski who is leaving the position of Public Works Director to become City Administrator for the City of Sauk Rapids. Mr. Lawell noted his services to the City over the past 15 years as Building Inspector and Building Official as well. The Mayor presented a "Key to the City" to Mr. Miranowski and wished him well in his new career.
COMMUNICATIONS & CALENDAR
The Council received a memo dated December 6, 1999, with a calendar listing upcoming events. Councilmember Sterling noted that the ALF Board meeting has been rescheduled to December 14, 1999, at 4:00 p.m., at Fire Station No. 1.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated November 29, 1999, in the amount of $172,577.39; December 1, 1999, in the amount of $1,988,693.05; and December 9, 1999, in the amount of $3,082,729.38. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:08 o’clock p.m.