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HomeMy WebLinkAbout05/11/2006 CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 11, 2006, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Goodwin ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, Deputy City Clerk Murphy, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Associate City Planner Dykes, 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. Members of Boy Scout Troop 207, Colin Patience and William Wilson, were present to lead everyone in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Goodwin, 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. Items 4.C and 4.F were moved to the regular agenda. Item 4.D was removed from the agenda. MOTION: of Bergman, seconded by Goodwin, moving consideration of 4.C – Approve Special Outdoor Temporary Event in Rascals Bar & Grill Parking Lot and 4.F – Adopt Resolution Memorializing Granada Drive as American Veterans Memorial Drive to the regular agenda, removing 4.D - Approve New Tobacco Sales License for Tobacco Tree, Inc., d/b/a Tobacco Valley from agenda, and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2006 Page 2 MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of April 27, 2006, as written. Ayes - 4 - Nays - 0. Resolution No. 2006-70 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1995 Ford Windstar Van, valued at $2,500.00, from Thomas J. Adamini, 7103 - 135th Street West, for use by the Fire Department in training. Ayes - 4 - Nays - 0. Resolution No. 2006-71 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1991 Ford Taurus, valued at $500.00, from Suzanne Holm, 13779 Glazier Court West, for use by the Fire Department in training. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a new License to Collect Refuse, for 2006, to Nitti Sanitation, Inc., as described in the City Clerk’s memo dated May 8, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-72 MOTION: of Bergman, seconded by Goodwin, adopting approving Amendment 1 to the Dakota County Mutual Aid for Fire Service Agreement, by replacing the South St. Paul and West St. Paul Fire Departments with the South Metro Fire Department. Ayes - 4 - Nays - 0. Resolution No. 2006-73 MOTION: of Bergman, seconded by Goodwin, adopting approving participation in the Dakota County All Hazards Mitigation planning process. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the reduction of financial guarantees for Cobblestone Lake 3rd Addition - Centex Homes from $465,326.30 to $232,663.00 and Hazelwood - NRMP from $27,000.00 to $5,400.00, as listed in the Community Development Secretary’s memo dated May 8, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with the City of Burnsville for water quality projects in Lake Alimagnet as attached to the Natural Resources Coordinator’s memo dated May 11, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with the City of Burnsville and the contract with Lake Restoration, Inc., for fluridone treatment in Lac Lavon as attached to the Natural Resources Coordinator’s memo dated May 11, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2006 Page 3 Resolution No. 2006-74 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Fire Alarm Panel Replacement Project at the Municipal Center to Simplex Grinnell, the low bidder, in the amount of $49,250.00. Ayes - 4 - Nays - 0. Resolution No. 2006-75 MOTION: of Bergman, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 06-327, Village at Founders Circle Utilities and Street Improvements - Phase 2. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the First Amendment to Lease Agreement with Nextel West Corp. (Sprint/Nextel), as attached to the Public Works Director's memo dated May 11, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement with C & H Sport Surfaces, Inc., for Tennis Court Resurfacing at Farquar and Delaney Parks, in the amount of $14,990.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to Concrete Walks, Curbing, and Asphalt Pathways Installation at Kelley Park with Ron Kassa, Inc., in the amount of $12,470.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Second Addendum Agreement, Project 06-318, Fischer Property Environmental Assessment, Class V Well Inventory and Inspection for Regulated Materials Agreement with Industrial Hygiene Services Corporation, not to exceed $10,000.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a front yard setback variance to allow construction of a third garage stall on an existing two-stall garage to within 28 feet of the front lot line on Lot 3, Block 7, Rolling Ridge (14283 Dulcimer Way), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving promotion of Roy Kinglsey to the position of Acting Fire Marshal, as listed in the Personnel Report dated May 11, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving promotion of Michael Marben to the position of Police Captain, as listed in the Personnel Report dated May 11, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring seasonal employees listed in the Personnel Report dated May 11, 2006. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2006 Page 4 END OF CONSENT AGENDA MEMORIALIZING GRANADA DRIVE Administrator Lawell presented to the Council a picture of the veterans memorial Apple Valley American Legion Post 1776 commissioned. The granite memorial is adjacent to Granada Drive and honors the service members who have served on land, sea and air. Post representatives Mr. Denny Heinzen, Ms. Deb Arnes, and Mr. David Cardinal were present to request the City memorialize the portion of Granada Drive between 145th and 147th Streets West as American Veterans Memorial Drive. The Apple Valley American Legion Post 1776 is celebrating their 30th year and the memorial will be dedicated on Memorial Day by Governor Pawlenty. Resolution No. 2006-76 MOTION: of Hamann-Roland, seconded by Erickson, adopting memorializing Granada Drive between 145th Street West and 147th Street West as American Veterans Memorial Drive. Ayes - 4 - Nays - 0. DIAMOND GATES TEMPORARY SALES BUILDING Associate Planner Bodmer presented the request from the petitioner, James Povolny, for an extension of a building permit authorization for a sales trailer. This request was tabled by the City Council at the April 27, 2006, meeting. She addressed the history of the project located at 140th Street and Cedar Avenue. The original building permit authorization for the trailer allowed the developer to conduct pre-sales for the project for nine months. Pre-sales were discontinued and the authorization for the nine months of the trailer on location expired December 9, 2005. Staff contacted the developer stating that the trailer needed to be moved or the matter would be turned over to the City Attorney's office. The trailer has been on the site for over a year. The trailer is not being used for the sale of condo units which was the original intent. The project was not moving forward as originally approved. The Planning Commission recommended denial of the extended sales trailer authorization. Mr. James Povolny, representative of J & H Development, was present. He explained how his company has spent numerous hours and money on the project and was met with many challenges. They had internal issues with their partnership. They are continuing to use the trailer and had two meeting there this past week. They are diligently working to move forward to the best of their ability. The current profile is to generate a new plan that would target a different client. They are working on a senior project rather than condos as the originally planned. Councilmember Bergman showed concern for the profile of the building and if the inside layout would change since the client base would be different and if it would be the type of project where a certain number of pre-sales would be required. He asked if a plan has been submitted to the City. Associate Planner Bodmer replied there has not been a plan submitted. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2006 Page 5 Councilmember Goodwin noted his concern of price point changes and asked when the City will see plans for this site. He would like to see something on this corner and is willing to give additional time to the petitioner to come up with a project. Mayor Hamann-Roland addressed the need for clean-up on the site. Councilmember Erickson had concerns that papers had not been filed on time, fees had not been paid and he is not in support of leaving the trailer on the site. He stated his concept of a trailer is to sell the product to someone hoping to live there not to sell a concept to an investor. He would endorse the new project if it was similar to the previous proposal. He asked for Ms. Bodmer to readdress the concerns for the development. Mr. Povolny described he will be working with the Engineering Department to address sidewalks and paths. He claims grades have not changed over the years. They will address grass issues and make sure the perimeter of the sales center has suitable landscaping. He said it is very expensive to move a trailer and there is also a concern of damage in the event of moving it. He stated there is financing in place and it is the pre-sales they are dealing with. MOTION: of Bergman, seconded by Erickson, denying extension of the building permit for temporary sales building in connection with the Diamond Gates Development, located at 140th Street W. and Cedar Avenue. Ayes - 2 - Nays - 2. (Hamann- Roland and Erickson). Motion failed. MOTION: of Hamann-Roland, seconded by Goodwin, tabling consideration of the extension of the building permit for the temporary sales building for Diamond Gates Development until May 25, 2006. Ayes - 2 - Nays - 2. (Bergman and Erickson). Motion failed. Councilmember Erickson asked what the developer needs to complete in order to move on with a project. Council discussed the items that the developer needs to submit to the City. Ms. Bodmer stated that the developer needs to submit a sketch plan for the new development, submit a final plat and required development fees, clean up of the site, remove the development signage and work with the Engineering Department to move forward with the installation of the sidewalks and trails around the site. Mr. Povolny said he has already agreed to the installation of the sidewalk and trails around the site. MOTION: by Erickson, seconded by Goodwin, tabling consideration of the extension of the building permit for the temporary sales building for Diamond Gates Development until May 25, 2006. Ayes - 3 - Nays - 1. (Bergman) CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2006 Page 6 MT. OLIVET ASSEMBLY OF GOD CHURCH Associate Planner Dykes presented the request of petitioner, Mt Olivet Assembly of God Church, located at 14201 Cedar Avenue, for Comprehensive Plan amendment changing the designation of property guided "C" (Commercial) to "INS" (Institutional), rezoning of property zoned "LB" to "P" (Institutional), and the platting of three parcels into one lot of record. The rezoning involves three parcels totaling 8.5 acres. The current status of the three pieces of property are: vacant property is "LB", the main church property is "P", and the vacant single-family house property is "LB". A Public Hearing was held on May 3, 2006. No comments were received from the public and the Planning Commission voted unanimously to approve the request. Dakota County Plat Commission reviewed the request and recommended approval provided the driveway to the house is removed. Pastor Mark Olson, Mt. Olivet Assembly of God Church, was present. He agreed to remove the driveway to the house and discussed the future construction of a youth and community center. Resolution No. 2006-77 MOTION: of Erickson, seconded by Bergman, adopting amending Comprehensive Plan redesignating Lot 7, Block 1, Bor-Nel Addition from "C" (Commercial) to "INS" (Institutional). Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving withholding rezoning of the unplatted parcel from "LB" (Limited Business) to "P" (Institutional) until the Comprehensive Plan amendment has been reviewed by the Metropolitan Council. Ayes - 4 - Nays - 0. Resolution No. 2006-78 MOTION: of Goodwin, seconded by Erickson, adopting approving the final plat for Mt. Olivet Addition and waiving a Subdivision Agreement. Ayes - 4 - Nays - 0. RASCALS BAR & GRILL TEMPORARY EVENT Administrator Lawell reviewed the request for a temporary event license for Rascals Bar & Grill. Concern was shown for the area highlighted on the map in regards to 147th Street West. The road would not be closed in front of Famous Daves. In addition, the intersection at 146th Street West and Granada Avenue would not be blocked off totally. Councilmember Erickson noted the system Rascals has in place for people to use cab service that should not be driving, has worked well in the past. Police Chief Johnson stated the music would stop at midnight and Rascals would like until 1:30 a.m. to clear the property instead of 1:00 a.m. like the previous year. Police officers would be present to be certain the property appropriately. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 2006 Page 7 MOTION: of Goodwin, seconded by Erickson, approving issuance of a temporary license for an outdoor special event to H. O. C., Inc., d/b/a Rascals Apple Valley Bar & Grill, from 6:00 p.m. on June 30, 2006, to 1:00 a.m. on July 1, 2006, for use in the parking lot at 7721 - 147th Street West; and approving temporary street closings for a car show, with conditions, as described in the City Clerk’s memo dated May 8, 2006. Ayes - 4 - Nays - 0. COUNCIL COMMUNICATIONS Announced Kelley Park Groundbreaking and Arbor Day tree planting will take place at 4:00 p.m. on May 17, 2006. Dakota Electric will be present to participate. Councilmember Bergman announced the upcoming Metropolitan Airports Commission (MAC) Cities Noise Oversight Committee (CNOC) meeting is scheduled for May 17, 2006. This is the first time Apple Valley will be sitting at the table. Councilmember Bergman announced that Councilmember Grendahl has been attending commencement exercises at Inver Hills Community College and DCTC in the past week and DCTC thanks the City for the partnership in the college. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Erickson, approving the calendar of upcoming events as included in the City Clerk’s memo dated May 8, 2006, 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 Goodwin, to pay the claims and bills, check registers dated May 3, 2006, in the amount of $1,652,327.64; and May 10, 2006, in the amount of $658,202.17. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:05 o’clock p.m.