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HomeMy WebLinkAbout11/21/2006 CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 21, 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, Associate City Planner Bodmer, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief 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, adding item 5.G – Setting Special Informal Meetings, 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. State Representative-Elect Shelley Madore thanked the citizens of Apple Valley for supporting her in the race for the District 37A seat. She invited the public to attend listening sessions scheduled December 2, 2006, at the Galaxie Library, and February 3, 2007, at the Burnhaven Library. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 2 MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of November 9, 2006, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a change in manager for Water’s Edge Restaurant, LLC, d/b/a Enjoy!, in connection with the On-Sale Liquor License at 15435 Founders Lane, naming Julio Pitre as General Manager; as described in the City Clerk’s memo dated November 17, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-202 MOTION: of Goodwin, seconded by Bergman, adopting approving the updated Lebanon Cemetery Policy, Rules, and Regulations, as attached to the Public Works Director’s memo dated November 21, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-203 MOTION: of Goodwin, seconded by Bergman, adopting stating intent to utilize Printrak records system through LOGIS in connection with Dakota Communications Center (DCC). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving temporary parking on the north side of Greenleaf Elementary School for school events during the 2006/2007 school year as listed in the attachment to the Police Chief’s memo dated November 13, 2006. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a Letter of Agreement with Dakota County for the Minnesota Department of Public Safety Safe Community Grant Program for activity reimbursement, in the amount of $1,000.00, as attached to the Police Chief’s memo dated November 15, 2006, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2006-204 MOTION: of Goodwin, seconded by Bergman, adopting approving submission of the Apple Valley, Burnsville, and Eagan joint 2007 landfill abatement and recycling funding application, in the amount of $135,900.00, to Dakota County, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing submittal of the Dakota County Community POWER (Partners on Waste Education & Reduction) Funding Agreement on behalf of the Apple Valley Senior Club, as attached to the Parks and Recreation Director’s memo dated November 16, 2006; and further authorizing the necessary insurance coverage under the City’s policy. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, awarding provision of the City’s financial services to Anchor Bank, for 2007-2009, as described in the Finance Director’s memo dated November 17, 2006. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 3 MOTION: of Goodwin, seconded by Bergman, approving release of subdivision financial guarantees for Dahle Pines and Dahle Pines – NRMP, as listed in the Community Development Department Specialist’s memo dated November 17, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-205 MOTION: of Goodwin, seconded by Bergman, adopting authorizing execution of ICMA-RC Managed Accounts Services Agreement. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving promoting the full-time employee and hiring the seasonal employees as listed in the Personnel Report dated November 21, 2006. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 2007 ON-SALE LIQUOR AND WINE LICENSE RENEWALS Mayor Hamann-Roland called the public hearing to order at 8:05 p.m. to consider renewal applications for on-sale liquor and wine licenses for the year 2007 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 17, 2006. Police and tax records were checked 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 8:08 p.m. MOTION: of Erickson, seconded by Goodwin, approving renewal, for 2007, of on-sale liquor Resolutions No. 2006-206 and wine licenses by adopting for Apple American No. Limited Partnership of Minnesota d/b/a Applebee's Neighborhood Grill & Bar; 2006-207No. 2006- for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; 208No. 2006-209 for E1 Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant; No. 2006-210 for H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille; for Lancer No. 2006-211 Food Service, Inc.; for LRB Restaurant Company d/b/a Grizzly's Grill No. 2006-212 N' Saloon; for Majors Sports Café of Apple Valley, Inc., d/b/a Majors No. 2006-213 Sports Bar; for Minnesota Robins, Inc., d/b/a Red Robin of Apple No. 2006-2142006-215 Valley; for Rich Management., Inc., d/b/a Apple Place; for No. 2006-216 RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday; for Wadsworth No. 2006-217 Old Chicago, Inc., d/b/a Old Chicago; for Water's Edge Restaurant, No. 2006-218No. LLC, d/b/a Enjoy!; for Apple Valley American Legion Post 1776; 2006-219 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 2006-220No. for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; 2006-221No. for Grand Central Station, Inc., d/b/a Broadway Station Apple Valley; 2006-222No. 2006-223 for JI of S, Inc., d/b/a Jade Island Chinese Cuisine; for No. 2006-224 Planned Enterprises, LLC, d/b/a Joey’s Only Seafood Restaurant; and CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 4 No. 2006-225 for Song Long, Inc., d/b/a Song Long; and for The Noodle Shop Company - Colorado, Inc., d/b/a Noodles & Company. Ayes - 5 - Nays - 0. BGH ESTATES Ms. Bodmer reviewed her report dated October 11, 2006, regarding a petition for the subdivision of the Cedar Brook Market property located at 12503 Germane Avenue to allow the construction of a two-unit townhome. In order to proceed, the following actions are needed: a Comprehensive Plan Amendment and rezoning of the southern portion of the property, approval of a preliminary plat subdividing the property into three parcels, site plan review and building permit authorization for construction of the townhome, a 15-foot setback variance from the convenience store parking lot to the new property line, and a 5-foot setback variance from the townhome to the north property line. Councilmember Bergman asked how the decks in the back yard would be screened from the business. Ms. Bodmer presented the landscaping plan and stated the Natural Resources Coordinator recommended use of an arborvitae hedge to screen the business. Councilmember Bergman pointed out the potential for arborvitae to receive salt burn from the spray of vehicle traffic. Councilmember Erickson asked if there is sufficient snow storage on the south side of the business parking lot. Mr. Michael Falk, of McDonald Construction, Inc., said the snow is plowed east to west and the property owner does not use salt. Ms. Bodmer reviewed the grading plan, noting nearly the entire site will require grading. As a result, approximately 68 percent of the significant trees will be removed. Many of them are aspen and cottonwood. The Natural Resources Coordinator also identified a hazardous tree. The City will request that tree be removed as well. She then reviewed the elevation drawings. Ms. Bodmer said the Planning Commission unanimously recommended approval of all the actions necessary. However, the only action before the Council this evening is authorizing submission of the Comprehensive Plan Amendment to the Metropolitan Council. Once it is approved by the Metropolitan Council, the project will be brought back to the Council for further action. Councilmember Grendahl said she is concerned whenever commercial or industrial property is being converted to residential. She believes the ratio of residential property is already high. She asked if there was a hardship that could help justify the request. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 5 Ms. Bodmer said the property owners cited the low volume of traffic on Germane Avenue as a contributing factor. Also, the owner felt other uses did not maximize the use of the property. Mr. Michael Falk said a variety of uses, including a laundromat, were considered. However, after considering the traffic on Germane Avenue and the fact that the property is surrounded by residential property, the property owners felt the townhome was the best ultimate use. Councilmember Grendahl said Cedar Avenue is packed. She would prefer keeping jobs in Apple Valley so residents would not need to commute. Councilmember Goodwin said he is near this area often and it is a low traveled street. Sometimes other uses can become a nuisance. He believes the townhome would compliment the area. Mayor Hamann-Roland said an empty laundromat or similar use could become an attractive nuisance. Councilmember Bergman asked if the units in the townhome would be rented and if the plans depict a one-car garage. Ms. Bodmer said yes. Councilmember Bergman said he believes a laundromat would be sustainable business in this area because of the high density. Councilmember Erickson said the property in question is 11,657 square feet, which is smaller than some single-family residential lots. He questioned the value of looking at this piece of property from a commercial perspective. Councilmember Goodwin noted the development to the west also has single-car garages. Some people only need a one-car garage and others view it as a safety feature. Resolution No. 2006-226 MOTION: of Goodwin, seconded by Erickson, adopting authorizing submittal of the Comprehensive Plan Amendment from “C” (Commercial) to “MD” (Medium Density Residential at 6-12 units/acre) to the Metropolitan Council, as recommended by the Planning Commission. Ayes - 3 - Nays - 2 (Bergman, Grendahl). Mr. Lawell said the City Attorney is reviewing whether the previous action requires a super majority or 4/5 vote. FISCHER SAND & AGGREGATE SAND AND GRAVEL MINING CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 6 Mr. Lovelace reviewed the request by Fischer Sand and Aggregate for a Comprehensive Land Use Plan Amendment designating a “Temporary Sand and Gravel Overlay” on 26.53 acres of a 62.19-acre site commonly referred to as the “160th Street Property”, rezoning that same portion of property from “A” (Agriculture) to “SG” (Sand and Gravel), a Conditional Use Permit to allow for sand and gravel mining on that same portion of property, and amendments to the existing “Seed Property Sand and Gravel Mining Conditional Use Permit” and “1993 Sand and Gravel Mining Conditional Use Permit”. He presented the grading plan noting adjustments were necessary due to the construction of the McNamara Pond and the Regatta development. He further described the proposed phasing and reclamation plans. Mr. Lovelace said the petitioner has requested the language in number 11, entitled Importing of Material, under the terms of the Seed Property Conditional Use Permit be duplicated in the 160th Street Property and 1993 Sand and Gravel Mining Conditional Use Permits. Mayor Hamann-Roland asked if the stormwater ponds will change with the new pond configuration. Ms. Kirsten Pauly, from Sunde Engineering, said the grades show the minimum mining restoration grades the site will be left at in order to serve the site with storm and sewer water. The ponds shown are place markers in terms of their location and size. Through the reclamation process, the ponds will be massaged and incorporated into the end use, but will retain the same volume and outlet structures and pipe size so as to meet the requirements of the City’s stormwater management plan. Mayor Hamann-Roland asked how these ponds fit in with what was called the chain of lakes. Ms. Kirsten Pauly said the chain of lakes idea included groundwater lakes. The ponds on the grading plan are strictly stormwater ponds. The chain of lakes was initially to flow through Lakeville. Due to elevations of ponds set by Apple Valley and Lakeville, the chain of lakes did not come to fruition. Councilmember Erickson said several years ago the City passed an ordinance requiring new developments to post signs stating plans for future use. It should not come as a surprise to residents on the western edge of this property that gravel mining was an intended use. Mr. Lovelace said the City has not received many complaints regarding Fischer Sand and Aggregates operations. Ms. Kirsten Pauly stated Fischer wants to leave the area along 160th street until the end because of the natural screening, which is reflected in the revised phasing plan. In addition, other things that have happened in the last five years, such as the lowering and reconstruction of Pilot Knob Road, have required the plans to be revised because they no longer made sense. Resolution No. 2006-227 MOTION: of Grendahl, seconded by Goodwin, adopting approving an amendment to the Comprehensive Land Use Plan assigning a designation of CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 7 “Temporary Sand and Gravel Overlay” to 26.53 acres of a 62.19-acre site commonly referred to as the 160th Street Property, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 798 and passing rezoning 26.53 acres of a 62.19-acre site commonly referred to as the “160th Street Property” from “A” (Agricultural) to “SG” (Sand and Gravel). Ayes - 5 - Nays - 0. Resolution No. 2006-228 MOTION: of Goodwin, seconded by Bergman, adopting approving a Conditional Use Permit to allow for sand and gravel mining on 26.53 acres 26.53 acres of a 62.19-acre site commonly referred to as the 160th Street Property, with conditions, and with the revision to the language under number 11 of the terms, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2006-229 MOTION: of Grendahl, seconded by Erickson, adopting approving the amendment to the existing “Seed Property Sand and Gravel Mining Conditional Use Permit”, with conditions, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2006-230 MOTION: of Bergman, seconded by Erickson, adopting approving the amendment to the existing “1993 Sand and Gravel Mining Conditional Use Permit”, with conditions, and with the revision to the language under number 11 of the terms, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. BGH ESTATES - Continued City Attorney Hills informed the Council only a simple majority vote was needed to authorize submittal of the application for a Comprehensive Plan Amendment. She also clarified that only a majority vote is required to rezone commercial property to residential. The vote previously taken regarding submittal of the Comprehensive Plan Amendment to the Metropolitan Council stands. COBBLESTONE LAKE AUAR Mr. Lovelace reviewed his memo dated November 17, 2006, on the updated Cobblestone Lake Development Alternative Urban Areawide Review (AUAR). The AUAR was adopted in 2001, and is required to be updated every five years. The updated AUAR includes a fourth scenario. The developer will be presenting to the Planning Commission a project called the Cobblestone Lake Retail Project, which includes a big box retailer on the northwest corner of the development as well as smaller peripheral uses. Scenario 4 reflects this proposal. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 8 Resolution No. 2006-231 MOTION: of Grendahl, seconded by Erickson, adopting authorizing distribution of the Updated Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the Cobblestone Lake development, and directing staff to schedule its review at a regularly scheduled meeting of the Apple Valley Planning Commission. Ayes - 5 - Nays - 0. INDUSTRIAL LAND USE STUDY EXTENSION Mr. Lovelace said the Council passed Ordinance No. 791 on May 25, 2006, to establish a study of approximately 455 acres of land zoned “I-1” (Limited Industrial), “I-2” (General Industrial), or “SG” (Sand and Gravel) in order to determine the future demand for office and industrial space needed to attract and retain industries and businesses that provide head-of-household jobs. The City contracted with the Maus Group to conduct the study which was to be completed by October 27, 2007, with the study expiring on November 30, 2006. Staff received a draft of the report on November 14, 2006. After reviewing the draft, staff believes there are points which must be further clarified. In order to provide sufficient time for the consultant to make the changes, present the draft to the City Council, and incorporate its changes, staff is recommending extending the study of industrial land uses until January 31, 2007. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading, Ordinance No. 799 and approving amending Section 157.01 of the City Code by extending the study of industrial land uses to January 31, 2007. Ayes - 5 - Nays - 0. COUNCIL MEETING SCHEDULE MOTION: of Erickson, seconded by Goodwin, setting the 2007 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 17, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, setting special informal meetings on November 30, 2006, at 3:00 p.m., and December 4, 2006, at 7:00 p.m., at the Municipal Center, to discuss the 2007 proposed budget and property tax levy. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Bergman said he has recently learned the Metropolitan Airports Commission (MAC) will hold an open house in Apple Valley on April 23 or 24, 2007, at 7:00 p.m. The Chief Pilot, members of MAC and the FAA, a representative from the Dakota County Assessor’s Office and others will be present. Additional information will be forthcoming. Councilmember Bergman requested the meeting be taped. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2006 Page 9 Councilmember Grendahl said as Chair of the Livable Communities Advisory Committee she made the recommendations to the Metropolitan Council last evening. It was more subdued and less exciting than last year. Mayor Hamann-Roland thanked Karla Gorden and other City staff for their efforts in decorating the foyer and placing lights on the tree and garland in preparation for the holiday tree lighting held prior to the Council meeting. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Goodwin, approving the revised calendar of upcoming events as included in the City Clerk’s memo dated November 21, 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 Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated November 15, 2006, in the amount of $1,136,514.53; and November 20, 2006, in the amount of $3,629,594.16. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:04 o’clock p.m.