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HomeMy WebLinkAbout06/22/2006 CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 22, 2006, 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, Deputy City Clerk Murphy, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Recreation Supervisor Bird, Associate City Planner Bodmer, Associate City Planner Dykes, Sergeant Francis, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Marben, Human Resources Manager Strauss, Liquor Store Manager Swanson, and Officer Tietz. Mayor Hamann-Roland called the meeting to order at 8:01 p.m. Member of Boy Scout Troop 290, Erik Rosvold, was present to lead everyone in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Erickson, adding item 5.H -Code Interpretation - Special Touch Store permitted in RB Zoning District, and 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. MOTION: of Bergman, seconded by Erickson, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Erickson, approving the minutes of the regular meeting of June 8, 2006, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 2 Resolution No. 2006-96 MOTION: of Bergman, seconded by Erickson, adopting accepting, with thanks, the donation of $6,000.00 from Fireman's Fund Heritage Grant Program for Fire Department training and health fitness activities. Ayes - 4 - Nays - 0. Resolution No. 2006-97 MOTION: of Bergman, seconded by Erickson, adopting accepting, with thanks, the donation of $1,000.00 from Sam's Club Foundation for Fire Department fire prevention activities. Ayes - 4 - Nays - 0. Resolution No. 2006-98 MOTION: of Bergman, seconded by Erickson, adopting accepting, with thanks, the donation of $300.00 from MJM Foundation for a tree in Kelley Park. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving a change in manager for Majors Sports Café of Apple Valley, Inc., d/b/a Majors Sports Bar, in connection with the On-Sale Liquor License at 14889 Florence Trail, naming Brandon Bramscher as General Manager; as described in the City Clerk’s memo dated June 19, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, setting a public auction and sale to dispose of unclaimed bicycles and surplus City property, on August 22, 2006, beginning at 5:30 p.m., at Central Maintenance Facility, as described in the Police Chief's memo dated June 19, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the License Agreement with St. Paul Growers Association, Inc., to operate a Farmers Market at the Municipal Center from June 24 through October 28, 2006, with the exception of September 17, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, receiving the 2005 Annual Cable & Telecommunications Report. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, authorizing the Mayor to sign a letter to Minnesota Senators regarding the Communications, Promotion and Enhancement Act of 2006 (COPE), as described in the Assistant City Administrator's memo dated June 22, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving helicopter landing in Redwood Park on August 10, 2006, for Safety Camp; as described in the Police Captain Marben and the Police Chief memo dated June 15, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving 2005 Municipal Separate Storm Sewer Systems (MS4) Annual Report and submittal to Minnesota Pollution CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 3 Control Agency, as described in the Natural Resources Coordinator's memo dated June 22, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the License Agreement with Million Dollar Hole-in-One, as attached to the Parks and Recreation Director's memo dated June 16, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the License Agreement with David th Labno to hunt for historical artifacts and relics on the northwest corner of 160 Street and Pilot Knob Road, as attached to the Public Works Director's memo dated June 22, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving Medical Direction Agreements with Dr. Lawrence Erickson for the purposes of establishing services for the Apple Valley Police Department and Apple Valley Fire Department First Responder Service in the utilization and operation of Automated External Defibrillators. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the Medical Direction Agreement with Dr. Lawrence Erickson for medical direction services to the Apple Valley Police and Fire Departments regarding the First Responder Automated External Defibrillator Program, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the Medical Direction Agreement with Dr. Lawrence Erickson for City members of the Apple Valley Cardiac Emergency Partnership Public Access Automated External Defibrillator Program, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, accepting reconditioning of Charleston Cast Aluminum Light Poles as final and authorizing final payment on the agreement with Budget Sandblasting & Painting, Inc., in the amount of $9,040.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, accepting Painting of New Steel Fence Sections as final and authorizing final payment on the agreement with Budget Sandblasting & Painting, Inc., in the amount of $27,572.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, accepting Park Asphalt Projects as final and authorizing final payment on the agreement with Dakota Blacktopping, in the amount of $24,495.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 4 Resolution No. 2006-99 MOTION: of Bergman, seconded by Erickson, adopting redesignating Lot 7, Block 1, Bor-Nel Addition form "C" (Commercial) to "INS" (Institutional) in the City's comprehensive Guide Plan, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Ordinance No. 792 MOTION: of Bergman, seconded by Erickson, passing rezoning Lot 7, Block 1, Bor-Nel Addition, and an unplatted parcel, from “LB” (Limited Business) to “P” (Institutional), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving appointment of Fire Department Officers at listed in the Fire Chief's memo dated June 22, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving hiring the seasonal employees, as listed in the Personnel Report and Addendum dated June 22, 2006. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA LIFE SAVER AWARD Mayor and Councilmembers commended Police Officer Michael Tietz and Apple Valley American Legion patron Mary Jo Townley for saving the life of 57-year-old Charles Bryant. On March 19, 2006, Mr. Bryant suffered a massive heart attack at the American Legion and no longer had a heartbeat. Ms. Townley performed CPR on him until Officer Tietz arrived on the scene. Officer Tietz used an Automated External Defibrillator (AED) to deliver a single shock to Mr. Bryant, restoring his heartbeat and getting him breathing again. Mr. Bryant has made a full recovery and was present at the Council meeting along with representatives from the Apple Valley Police Department, ALF Ambulance, Apple Valley Fire Department, and the American Heart Association. Certificates were presented to Ms. Townley and Officer Tietz. SERGEANT NICK FRANCIS Police Chief Johnson introduced and other officers were present to recognize Nick Francis as the newest Sergeant in the Apple Valley Police Department. The Council congratulated him on his recent promotion. 2006 APPLE VALLEY FREEDOM DAYS Mr. Johnson recognized Bill Bird as the City liaison to Freedom Days and Ring Around the Arts Festival. Freedom Days Committee and Parade Chair Pat Schesso stated that Freedom Days is celebrating 40 years and the celebration would begin on June 28, with the Spirit of Cub at Cub Foods. The festivities would also include a kids' fishing derby, Dancin' & Cruisin' at Rascals Bar CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 5 & Grill, music in the park, two- and five-mile fun runs on 4th of July, Family Fun Night, an expanded petting zoo, and a parade with approximately 100 units to begin at 1:00 p.m. Fireworks would close the evening at Johnny Cake Ridge Park. Grand Marshal for the parade is the Apple Valley Fire Department. Resolution No. 2006-100 MOTION: of Grendahl, seconded by Erickson, adopting proclaiming July 4, 2006, as “The 40th Annual Apple Valley 4th of July Freedom Days Celebration” and encouraging citizens to support and participate in the community-wide celebration. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving celebration activities and street closures for the parade, beginning at 11:00 a.m., as requested in the Recreation Supervisor's memo dated June 15, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-101 MOTION: of Erickson, seconded by Bergman, adopting establishing temporary parking restrictions for the Freedom Day Parade beginning at 6:00 p.m. on July 3, 2006 and ending at 12:01 p.m. on July 4, 2006. Ayes - 4 - Nays - 0. CURRENCY EXCHANGE LICENSE - WAL-MART STORES, INC. Mr. Lawell described the request by Wal-Mart Stores, Inc, d/b/a Wal-Mart Supercenter, for a currency exchange license. The license is issued by the Minnesota Department of Commerce subject to approval or disapproval by the governing body of the local unit of government where the business proposes to locate. Mayor Hamann-Roland called the public hearing to order at 8:32 p.m. and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:33 p.m. MOTION: of Bergman, seconded by Erickson, approving issuance of a currency exchange license by Minnesota Department of Commerce to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter, 7835 - 150th Street W. Ayes - 4 - Nays - 0. FISCHER SAND AND AGGREGATE, LLP - EXTENDED HOURS Fischer Sand and Aggregate representative John Ericson informed the Council of potential projects which may require extended hauling hours. Possible projects include the Highway 62 Crosstown project and the airport refueling area replacement project. Mr. Ericson stated that when the projects come up, Fischer Sand and Aggregate plans to bid them and most materials would be hauled at night. Councilmember Erickson inquired in the event of spillage if the contractor would be able to handle cleanup at night time. Mr. Ericson replied they would have no problem. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 6 Councilmember Bergman asked what hours of extension Fischer is requesting. Mr. Ericson stated since the contract has not been awarded, the hours are not yet known. In the event Fischer is awarded the bid, they will come before Council to seek approval for extended hours. Mr. Ericson feels 30 percent of the hauling will be at night. No action was taken. THE VILLAGE AT FOUNDERS CIRCLE Ms. Dykes presented information regarding a request for vacation of various easements located on Outlots B and C, Harmony Commons Addition. The purpose of the vacation is to allow the applicant, Founders Circle Development, LLC, to plat the property as Village at Founders Circle, so that construction can begin on the mixed-use building and the Grandstay Hotel. The vacation of easements will also allow for the construction of Founders Boulevard. Resolution No. 2006-102 MOTION: of Grendahl, seconded by Erickson, adopting setting a public hearing at 8:00 p.m., on July 13, 2006, considering vacating easements on portions of Outlots B and C, Harmony Commons Addition. Ayes - 4 - Nays - 0. Ms. Dykes presented the recommendation from the Planning Commission approving a land exchange between the City and the owners of the site, Founders Circle Development, LLC. The land exchange involves an 8-acre parcel owned by the City which contains a City storm water pond commonly known as the Winkler Pond. The property owner would acquire land near Galaxie Avenue, and the City would acquire land near Garrett Avenue. The City will be disposing of a .72-acre parcel and will be receiving a .93-acre parcel. Mr. Lawell brought to the Council's attention the request from businesses in the area for the need for directional signage. He stated that the Council may want to consider whether the directional signage should be placed on property involved in the land exchange. He stated the amount of land needed would not interfere with any building footprints for the developer. Mr. Dougherty recommends working with the Pedersen group to finalize the land exchange in the next few weeks. Councilmember Erickson inquired as to the type of signage, temporary or permanent, and the length of time it would be in place. Mr. Eric Pedersen, representing the developer Founders Circle Development, LLC, was present to speak. He stated he is agreeable to the idea of an easement for signage but wants to have as much flexibility as possible. He is willing to dedicate an easement that would satisfy everyone involved, but is concerned that permanent signage in an easement may interfere with the CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 7 construction of buildings on the south side of Founders Lane. He stated he will work with staff to come up with a design that would meet the needs of the City and area businesses. Mayor Hamann-Roland suggested City staff review the signage ordinance with the Planning Commission and Attorney's office so all guidelines would be met as to a clear definition of temporary signage. Councilmember Bergman referenced an earlier meeting with Mayor Hamann-Roland, County Commission Branning, Chamber of Commerce President Ed Kearney, and City staff regarding difficulty for patrons finding businesses in this area. Some construction in the City has made it difficult for residents to access these businesses. Councilmember Grendahl asked if the developer was agreeable to an easement for an unlimited amount of time and who would pay for this signage. She suggested signage be reviewed at an informal meeting in the future. Ms. Dykes stated the City Attorney's office is currently working on general changes to the City's sign code, but stated a master signage plan for the Founders Circle development or the entire Central Village has not been prepared, though there are signage regulations for the Central Village. Councilmember Grendahl expressed concern about information being relayed when the entire Council is not present. Mr. Manson stated the usual temporary construction signage will be used in throughout the development area, and these temporary construction signs are a cost to the developer. MOTION: of Erickson, seconded by Bergman, approving the Land Exchange Agreement with Founders Circle Development, LLC, subject to retention of 20-foot wide easement along Galaxie Avenue for temporary signage which shall expire no later than 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 1 (Grendahl). Ms. Dykes stated since 2005, the developer of the project has modified the project design, changed the name of the development to The Village at Founders Circle and changed the name of the development group to Founders Circle Development, LLC. The developer requested a modification to the approved Business Subsidy Agreement to reflect the changes to The Village at Founders Circle plan. MOTION: of Grendahl, seconded by Bergman, directing staff to prepare a new Business Subsidy Agreement to reflect the changes that have occurred to The Village at Founders Circle (formerly Harmony Commons) site plan since 2005. Ayes - 4 - Nays - 0. L.A. FITNESS Mr. Lovelace presented the request of the petitioner L.A. Fitness. The petitioner requested the property be rezoned from "PD-541/zone 1" which does not allow for health or athletic facilities as CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 8 a permitted use, to "PD-244/zone 2" allowing a mix of shopping center, freestanding retail, and limited business uses, including health or athletic clubs and facilities. Two lots would be combined into one and the width of the drainage and utility easement currently located just south of the north property line would be increased from a 10-foot easement to a 20-foot easement. Concern was expressed by the Council as to the postered simulated windows on the outside of the building. Eric Thom, Development Coordinator, addressed the Council as to the posters and stated they were athletic posters of people working out. Council's concern was for the high volume of traffic on Galaxie Avenue and the impact of view. Council requested this part of the project be readdressed by the developer to eliminate sports graphics on the east elevation. Ordinance No. 793 MOTION: of Grendahl, seconded by Erickson, passing rezoning Lots 3 and 4, block 1, Apple Valley Ford 2nd Addition, from "PD-541/Zone 1" (Planned Development) to "PD-244/Zone 2" (Planned Development), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2006-103 MOTION: of Grendahl, seconded by Bergman, adopting approving the preliminary plat of Continental 145 Fund Addition with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2006-104 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan/building permit and authorizing issuance of a construction of a 45,050 sq. ft. health and fitness club and a 310-space surface parking lot, requiring the developer to come before Council with a final elevation drawing subject to removing the graphics, on Lot 1, Block 1, Continental 145 Fund Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. SPECIAL TOUCH STORE Ms. Bodmer presented the request of Dan Sullivan, Director of Special Education for Intermediate School District 917, to locate a store called "Special Touch" in the East Valley Shopping Center building on the southeast corner of Pilot Knob Road and 140th Street West. The store would sell products created and made by students who are enrolled in the Transition Education Service Alternative Program. Students and staff from the Dakota County Technical College would also sell products related to their programs of study such as photography, refinished antique furniture, and horticulture items. The proposed use is not a manufacturing facility because the students are creating the crafts as part of a training program. Staff finds that the proposed Special Touch store, which includes making crafts, providing vocational training, and conducting retail sales, is consistent with other uses in the "RB" (Retail Business) zoning district. MOTION: of Erickson, seconded by Grendahl, finding the Special Touch Store, operated by Intermediate School District 917, similar to other permitted uses in the "RB" CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2006 Page 9 (Retail Business) zoning district and approving of its location in the East Valley Shopping Center. Ayes - 4 - Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Erickson, approving the calendar of upcoming events as included in the City Clerk’s memo dated June 19, 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 Erickson, to pay the claims and bills, check registers dated June 14, 2006, in the amount of $2,133,390.54; June 21, 2006, in the amount of $2,649,191.07; and June 22, 2006, in the amount of $726,670.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:47 o’clock p.m.