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HomeMy WebLinkAbout08/24/2006 CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 24, 2006, 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 Hills, City Engineer Manson, Finance Director Ballenger, Recreation Supervisor Bird, Associate City Planner Bodmer, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Acting Community Development Director 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 presented. 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. 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 Goodwin, and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of August 10, 2006, as written. Ayes - 5 - Nays - 0. Resolution No. 2006-137 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $200.00 from John Ludewig for a bench at the Senior Center. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Page 2 MOTION: of Bergman, seconded by Goodwin, authorizing issuance of a party permit to Dave Trumble, 13149 Flagstaff Avenue, Apple Valley, Minnesota, for a picnic at Alimagnet Park Pursuant to City Code Section 95.03 (G)(1), valid on August 27, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with Dakota County and the City of Lakeville for 160th Street (CSAH 46) Storm Drainage, as attached to the City Engineer’s memo dated August 21, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2006-138 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on September 14, 2006, to consider vacating various easements on Lots 1, Block 1, Mount Olivet Addition (14201 Cedar Avenue). Ayes - 5 - Nays - 0. Resolution No. 2006-139 MOTION: of Bergman, seconded by Goodwin, adopting approving plans and specifications for Kelley Park Splash Pad, Fountains, and Related Equipment; and authorizing advertising for receipt of bids, at 2:00 p.m., on September 21, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Rice Lake Construction Group, for Project 04-277, Well No. 19 Pumping Facility, in the amount of $17,226.00, for a 2000 GPM capacity pump. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Tennis Court Resurfacing as final and authorizing final payment on the agreement with Dermco-Lavine Construction, in the amount of $15,304.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Irrigation, Sod, and Planting Beds at Kelly Park as final and authorizing final payment on the agreement with Friedges Landscaping, in the amount of $62,443.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the full-time, part-time, and seasonal employees, as listed in the Personnel Report and Addendum dated August 24, 2006. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FIREFIGHTERS' RELIEF ASSOCIATION BOOYA FUND RAISER Fire Chief Wassmund and Stew Shepherd, President of the Apple Valley Firefighters’ Relief Association, described activities planned for the Firefighters' Relief Association 28th annual CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Page 3 "Booya" fund raiser on September 16, 2006, at Fire Station No. 1. Everyone is invited to attend. The event starts at 11:00 a.m. Activities such as bingo, silent auction, massages, kids’ games, and games of chance continue throughout the day. Raffle tickets are available in advance from all firefighters. RING-AROUND-THE-ARTS FESTIVAL Parks and Recreation Director Johnson and Recreation Supervisor Bird were present and described activities planned for the 14th annual Ring-Around-The-Arts Festival on September 16 and 17, 2006. The Festival, which includes professional artists, performing artists, youth activities, and music, will be held in the parking lot at the Municipal Center. They thanked the sponsors and the City for supporting the Festival. Councilmember Bergman commented on the fact that the new venue does not have electricity to allow for food vendors. He asked if accommodations such as generators might be provided next year in order to include the food vendors. Mr. Johnson said the Ring-Around-The-Arts Committee is responsible to evaluate and investigate such matters. Considering it is in their best interest to do so, he is confident they will look into it. MOTION: of Erickson, seconded by Grendahl, approving of Ring-Around-The-Arts Festival activities at the Municipal Center parking lot as described in the Parks and Recreation Director’s and Recreation Supervisor’s memo dated August 21, 2006. Ayes - 5 - Nays - 0. POLICE DEPARTMENT OPEN HOUSE Police Chief Johnson invited everyone to attend the Police Department Open House on September 16, 2006, from 1:00 to 3:00 p.m. FBI NATIONAL ACADEMY Police Chief Johnson said Police Captain Rechtzigel has been invited to attend the 227th Session of the FBI National Academy in Quantico, Virginia. The session is from October 1 through December 15, 2006. There is no charge for tuition, lodging, or meals. Police Chief Johnson provided a brief overview of the course, its history, and participants. MOTION: of Erickson, seconded by Goodwin, authorizing Police Captain Jon Rechtzigel’s attendance at the 227th Session of the FBI National Academy in Quantico, Virginia, from October 1, 2006, through December 15, 2006. Ayes - 5 - Nays - 0. The Council congratulated Police Captain Rechtzigel on acceptance into the program. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Page 4 AMERICAN LEGION SIDEWALK CAFE Ms. Bodmer said the Apple Valley American Legion, Post 1776, located at 14521 Granada Avenue, has indicated it would like to install an outdoor dining area. The Apple Valley American Legion is located within the “LB” (Limited Business) zoning district which has no provision for outdoor dining areas. The “RB” (Retail Business) zoning district allows outdoor dining provided certain performance standards are met. Considering the popularity of outdoor dining areas and the fact that the ordinances regulating outdoor dining in an “RB” zoning district were created some time ago, staff is recommending creating a separate section of the code to regulate outdoor dining areas in all zoning districts. Ms. Bodmer gave the first reading of an ordinance amending Chapter 155 of the City Code, permitting and regulating outdoor dining areas with certain conditions as a permitted accessory use. Ms. Bodmer then reviewed the site plan for a 31-foot by 50-foot outdoor patio to be used for outdoor dining which will be constructed on the east side of the American Legion building. The petitioner indicated it wanted to construct a six-foot fence around the patio. The Police Department prefers a shorter fence to allow officers to see activity taking place in the dining area. The Planning Commission voted unanimously to approve the site plan with conditions which include working with City staff on the height and design of the privacy fence. She presented the fence design agreed upon by the petitioner, the Police Department, and City staff. It is a scalloped design ranging in height from four feet to four feet six inches. If the ordinance amendment is adopted, the American Legion would also need to address the following items as they pertain to the outdoor dining area: the dining area would need to be set back a minimum of two feet from the right-of-way line of Granada Avenue; a License Agreement would need to be executed indicating the American Legion is responsible for items within the 10- foot drainage and utility easement; and no music, radio, television or other activity requiring amplification would be allowed after 10:00 p.m. Councilmember Bergman said he likes that the American Legion is adding outdoor dining but has concerns with the height and design of the fence. He recommended a shorter fence with a more open design. He questioned whether the City would have any liability if it allowed a fence that prevented visibility should a vehicle leave the roadway and enter the outdoor dining area. Ms. Bodmer presented photos of fencing around other outdoor dining areas in the City. Councilmember Erickson asked about access to the dining area. He also recommended the fence be at a height that would allow people sitting at tables to see over it. Mr. John Wortman, of the American Legion, was present. He said one of the reasons for requesting a taller fence was to prevent vehicle headlights from shining in people’s eyes. Mayor Hamann-Roland asked if the taller fence was also requested to help with heat. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Page 5 Mr. Wortman said he has already purchased heaters and a taller fence would help contain the heat. Councilmember Bergman asked how the area will be lighted in the evenings. Mr. Wortman said there are floodlights on the roof of the building that will be used for lighting the outside dining area. Councilmember Bergman said he thinks the floodlights will be worse than headlights as far as shining in people’s eyes. Councilmember Grendahl indicated she did not have a problem with the fence, but asked what the maintenance plan would be. Mr. Wortman said he intends to maintain it similar to his perimeter fencing by staining it every two years. Councilmember Goodwin suggested a higher fence on the north side of the dining area and a shorter fence on the other two sides. The reason for the higher fence on the north is that vehicles traveling southbound will likely cause the most trouble as far as headlights shining in people’s eyes. Councilmember Bergman said he does not want a five-foot fence, but will agree to a higher fence on the north and south sides, provided there is a shorter fence on the east side. Mayor Hamann-Roland asked if the American Legion would consider a lattice-type fence, similar to Old Chicago, to provide more visibility, and if it would consider reducing the maximum height of the fence to four feet two inches. Mr. Wortman said he would prefer to install the type of fence presented this evening but would be willing to open up the slats in order to provide greater visibility. He would also like the fencing to be uniform in height on all three sides. Councilmember Bergman asked if the wooden fence would be a maintenance issue. Mayor Hamann-Roland suggested using a maintenance-free product. The Council discussed use of a maintenance-free product and fencing around other outdoor dining areas within the City. MOTION: of Erickson, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 794 and passing amending Chapter 155 of the City Code by allowing outdoor dining areas in all zoning districts as a permitted accessory use provided certain performance standards are met, subject to final revisions and changes as approved by the City Administrator and City Attorney. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Page 6 Mr. Lawell said if the Council is concerned about maintenance it may wish to add language to the ordinance to further clarify fencing criteria. Councilmember Grendahl questioned if existing outdoor dining area fencing would be subject to the new ordinance or grandfathered in. City Attorney Hills said the new regulations would apply to new and remodeled fences. The Council further discussed requiring the use of a maintenance-free product around outdoor dining areas. Councilmember Grendahl stated she felt requiring a maintenance-free product was too restrictive. Added regulations increase the cost of doing business in Apple Valley. Councilmember Bergman asked if the Planning Commission could review the ordinance and investigate whether it is appropriate to require a maintenance-free product. Ms. Bodmer said they could. Mayor Hamann-Roland noted that other communities require maintenance-free products. Councilmember Goodwin voiced concern over changing the ordinance without having all the information it needs and really thinking it through. He agreed that it may make sense to return this item to the Planning Commission for further review. Mr. Wortman said the maintenance-free product is more expensive. He will use it if the Council requires it, but would prefer to use cedar so the fence around the dining area matches the fence along the property line. Councilmember Bergman said he would have liked to have seen this ordinance two weeks ago, so it could have been reviewed and concerns and questions could have been answered prior to needing to respond to an applicant’s request. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 2006-140 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan for the Apple Valley American Legion outdoor dining area, on Lot 1, Block 1, American Legion Post 1776 Addition (14521 Granada Avenue), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MAGELLAN SUBSTATION EXPANSION CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Page 7 Ms. Bodmer reviewed the request by Xcel Energy to expand their substation facility on the Magellan property, located approximately 750 feet east of the intersection of Flagstaff Avenue and County Road 42. The existing substation is 8,700 square feet and the expansion will be approximately 72,000 square feet. A new transformer will be added and there is enough room to allow a second transformer to be added in the future. There are berms and landscaping on three sides. The Natural Resources Coordinator and City Engineer have reviewed the plans and find no outstanding issues. Resolution No. 2006-141 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan for the Magellan Substation expansion, on part of Section 26 to be platted as Lot 1, Block 1, Magellan Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2006-142 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a Natural Resources Management Permit, with conditions, for Magellan Substation expansion, located on part of Section 26, to be platted as Lot 1, Block 1, Magellan Addition. Ayes - 5 - Nays - 0. QUARRY POINT RESERVOIR Mr. Manson reviewed the plans and specifications for Project 04-269, Quarry Point Reservoir, located on the northwest corner of Pilot Knob Road and 160th Street. The reservoir will hold 1.5 million gallons of water and will help with peak demands and fire protection in the southeast part of town. Staff is recommending bidding two types of tower: an all steel tower and a composite tower. The composite tower is constructed of steel and concrete. Mr. Manson presented photos of the two types of towers. The current cost of steel is up and a composite tower contains approximately 50 percent less steel, which should result in lower bids. Mr. Erickson asked if either style tower lasted longer. Mr. Mark Rolfs, Project Engineer from Bonestroo, Rosene, Anderlik & Associates, was present. He said steel towers have been used for years and have proven they last. Composite towers do not have a long track record because they are relatively new within the last five to ten years. Mr. Erickson asked how tower designs have changed since 9-11. Mr. Rolfs said towers are designed to withstand extreme conditions and have not really changed. However, he has noticed communities have changed their approach to security, by adding cameras and other features. Councilmember Bergman asked if either tower would cost more to maintain. Mr. Manson said the steel portion of the tower needs painting. A composite tower would have approximately 50 percent less surface to paint, so it would cost less to paint. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2006 Page 8 Councilmember Bergman asked about deterioration of the block. Mr. Rolfs said it is reasonable to expect some tuckpointing will need to be done on the block in the future. It is estimated that maintenance of the block will be similar to other concrete. Mr. Rolfs said although both type towers will be bid, the City may choose to build whichever style it chooses. Resolution No. 2006-143 MOTION: of Goodwin, seconded by Erickson, adopting approving plans and specifications for Project 04-269, Quarry Point Reservoir, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 28, 2006. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Grendahl commented on the number of political signs popping up all over town. She noted even business signs started showing up, but have since been removed. She asked staff to ensure enforcement of the City’s ordinances regarding sign placement. 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 August 24, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated August 17, 2006, in the amount of $6,894,697.74; and August 23, 2006, in the amount of $745,273.27. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:26 o’clock p.m.