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HomeMy WebLinkAbout03/22/2007 CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 22nd, 2007, 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 Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Planning Intern Meyers, Community Development Director Nordquist, 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 written. 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 requested 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. There were no requests. MOTION: of Bergman, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of March 8, 2007, as written. Ayes - 5 - Nays - 0. Resolution No. 2007-51 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,500.00 from MJM Foundation for Police Department K-9 Program. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Page 2 Resolution No. 2007-52 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Minnesota Zoo Foundation, for use on September 29, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-53 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to St. Hubert Catholic Community, for use on June 3, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-54 MOTION: of Bergman, seconded by Grendahl, adopting ratifying the proposed issuance and sale of $7,600,000 in public safety revenue bonds for Dakota Communications Center equipment, providing for allocated share of the payment thereof. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Fire Department 2006 annual report. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Telecommunications Advisory Committee 2006 annual report. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Traffic Safety Advisory Committee 2006 annual report. Ayes - 5 - Nays - 0. Resolution No. 2007-55 MOTION: of Bergman, seconded by Grendahl, adopting approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the revised Statement of Investment Policy, satisfying governmental Accounting Standards Board (GASB) 40 requirements, as attached to the Finance Director’s memo dated March 19, 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-56 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on April 26, 2007, to consider vacating easements on Lots 1 and 2, Block 3; and Lots 1, 4, 5, and 6, Block 4; and Outlot C, Cobblestone Lake South Shore. Ayes - 5 - Nays - 0. Resolution No. 2007-57 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on April 26, 2007, to consider vacating easements on Lots 1, Block 1, Wirsbo Second Addition; and Lots 1, Block 2, North Star Industrial Park. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Page 3 Resolution No. 2007-58 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and specifications for Project 06-341, 2007 Street Maintenance Project; and authorizing advertising for receipt of bids, at 10:00 a.m., on April 19, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for 2007 Concrete Removal and Replacement Services, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an amendment to the Administrative Services Agreement with ICMA Retirement Group, as attached to the Human Resources Manager’s memo dated March 19, 2007, and authorizing the City Administrator to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-59 MOTION: of Bergman, seconded by Grendahl, adopting amending the 2007 Employee Pay and Benefit Plan. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the hiring of seasonal employees as listed in the Personnel Report dated March 22, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA KAMI JAPANESE RESTAURANT ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant for on-sale and special Sunday liquor as described in her memo dated March 19, 2007, and noted receipt of the affidavit of publication of the hearing notice. She stated the owners were seeking a conditional use permit for on-sale liquor in conjunction with a Class I restaurant. The Planning Commission held a public hearing on the Conditional Use Permit on February 7, 2007, and recommended approval. The restaurant will seat approximately 152 people, and is located in the Shops on Galaxie, at 15322 Galaxie Avenue, Suite 108. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. The owners have indicated the restaurant will open on or about May 1, 2007. Mayor Hamann-Roland called the public hearing to order at 8:05 p.m. to consider the application by Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant, for on-sale liquor and special Sunday liquor licenses. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:06 p.m. Resolution No. 2007-60 MOTION: of Erickson, seconded by Goodwin, adopting approving a Conditional Use Permit for on-sale liquor in conjunction with a Class I restaurant on Lot 1, Block 1, The Legacy of Apple Valley 5th Addition, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Page 4 Resolution No. 2007-61 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of 2007 "on-sale liquor" and "special license for Sunday liquor sales" to Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant, for premises located at 15322 Galaxie Avenue, Suite 108. Ayes - 5 - Nays - 0. TWO GUYS FROM ITALY ON-SALE WINE & 3.2 PERCENT MALT LIQUOR LICENSES Ms. Gackstetter reviewed the application by DAGS Restaurant Holdings, LLC, d/b/a Two Guys from Italy for on-sale wine and 3.2 percent malt liquor licenses as described in her memo dated March 19, 2007. She noted receipt of the affidavit of publication of the hearing notice. The restaurant will seat approximately 100 people, and is located in the Galaxie Commons building, at 15265 Galaxie Avenue. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. The owners have indicated the restaurant will open on or about April 26, 2007. Mayor Hamann-Roland called the public hearing to order at 8:09 p.m. to consider the application of DAGS Restaurant Holdings, LLC, d/b/a Two Guys from Italy, for on-sale wine and 3.2 percent malt liquor licenses 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 8:10 p.m. Resolution No. 2007-62 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of 2007 on-sale wine and 3.2 percent malt liquor licenses to DAGS Restaurant Holdings, LLC, d/b/a Two Guys from Italy, for premises located at 15265 Galaxie Avenue, subject to approval of the wine license by the Minnesota Commissioner of Public Safety. Ayes - 5 - Nays - 0. WAL-MART Mr. Lovelace reviewed the request for amendments to the Planned Development ordinance, Conditional Use Permit amendments, and a site plan/building permit authorization in connection with the Wal-Mart store located at 7835 – 150th Street W. The ordinance amendment would be to “PD-341/Zone 4A” and would increase the maximum building height from 20 feet to 30 feet and allow an increase in unoccupied architectural details. Mr. Lovelace presented maximum building height data for surrounding properties and noted the proposed maximum building height is consistent with surrounding property. He then described the proposed Conditional Use Permit amendments for the outdoor cardboard bale and shipping pallet storage area, the permanent outdoor garden center, and the propane tank storage and display area. Mr. Lovelace stated the City Engineer reviewed the on-site infiltration and recommended the applicant enter into an operation and maintenance agreement with the City for the two underground storm water infiltration systems. The Natural Resources Coordinator reviewed the landscape plan. The Traffic Engineer recommended modifications to the entrance off of Pennock CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Page 5 Avenue and the loading entrance off of 147th Street will be aligned with the entrance to the Goddard School. The petitioner has asked ordinance “PD-341/Zone 4A” also be amended to allow for additional building signage above the main entrances. This type of signage is currently not allowed. Public hearings were held on the zoning amendments and Conditional Use Permit amendments on June 7, July 19, and August 2, 2006. No comments expressing concern were received. Councilmember Goodwin asked if the comment in Wal-Mart’s application which states the store was previously approved at 35 feet in height is accurate. Mr. Lovelace said he does not believe the comment is accurate and noted the existing building is in non-conformance to the current ordinance. Councilmember Bergman asked if the applicant is seeking an amendment to the storage trailer Conditional Use Permit. Mr. Lovelace stated the applicant has publicly stated it is abandoning that Conditional Use Permit. Councilmember Bergman said he hopes Wal-Mart will address some of the on-going issues and suggested the applicant meet with staff a year after the project is complete to discuss concerns or potential issues. Councilmember Erickson commended the applicant for working with staff and listening to the neighbors. The fact that no comments were received in three public hearings is quite a turn around from eight years ago and is likely a reflection that Wal-Mart is being a good neighbor. Mayor Hamann-Roland thanked Wal-Mart’s store manager and project representatives for listening to what the community wanted. Wal-mart’s willingness to flip the store demonstrates its investment in the community. Councilmember Bergman noted the elevation drawings depicted signage between the main entrances as well as over them. Mr. Lovelace said the proposed amendment would only allow informational signage above the three entrances. Councilmember Grendahl also thanked Wal-Mart and noted it employs over 300 people. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 805 and passing amending Section A13-5 “Minimum Area Requirements” of “PD-341/Zone 4A” increasing the maximum building height to 30 feet, and allowing an additional 5 feet in building height for unoccupied CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Page 6 architectural details comprising less than 40 percent of the lineal elevation of a front elevation, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-63 MOTION: of Bergman, seconded by Erickson, adopting amending the Conditional Use Permit to allow for relocation of the existing outdoor cardboard bale and shipping pallet storage area on Lot 1, Block 1, Walmart’s First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-64 MOTION: of Goodwin, seconded by Grendahl, adopting amending the Conditional Use Permit to allow for relocation and an increase in area of the existing permanent outdoor garden center on Lot 1, Block 1, Walmart’s First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-65 MOTION: of Erickson, seconded by Goodwin, adopting amending the Conditional Use Permit to allow for relocation of the existing propane tank storage and display area on Lot 1, Block 1, Walmart’s First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-65 MOTION: of Bergman, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for a 76,184 square-foot building addition and 317 additional surface parking spaces on Lot 1, Block 1, Walmart’s First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, directing staff to prepare amendments to ordinance “PD-341/Zone 4A” to allow for additional building signage above main entrances. Ayes - 5 - Nays - 0. ORDINANCE AMENDMENT ALLOWING DAY CARE FACILITIES IN “I-1” Ms. Dykes gave the first reading of an ordinance amending City Code Section 155.203 to allow daycare uses in Limited Industrial zoning districts. She said trade schools and other educational facilities are currently found in Limited Industrial districts. She described the differences between daycare and educational uses. She further described the differences between a Limited Industrial zoning district and other districts where daycare facilities are permitted. Ms. Dykes stated the Planning Commission held a public hearing on the amendment February 21, 2007, and no comments were received. The Planning Commission voted unanimously to recommend approval of the amendment on March 7, 2007. Therefore, staff is recommending waiving the procedure for a second reading of the ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Page 7 MOTION: of Bergman, seconded by Erickson, waiving the procedure for a second reading Ordinance No. 806 and passing amending City Code Section 155.203 to allow daycare uses as a conditional use in “I-1” (Limited Industrial) zoning districts; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Bergman reminded the public there will be a MAC Open House at the Municipal Center on April 17, 2007, at 7:00 p.m. 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 March 19, 2007, 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 March 15, 2007, in the amount of $6,311,251.61; and March 21, 2007, in the amount of $2,524,973.11. Ayes - 5 - Nays - 0. CLOSE MEETING - ATTORNEY-CLIENT PRIVILEGE Mr. Dougherty asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss the acquisition of property located at 7990 – 132nd Court. MOTION: of Goodwin, seconded by Bergman, to close the regular meeting and convene in closed session to discuss the acquisition of property located at 7990 – 132nd Court with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 8:50 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 8:55 p.m., along with City Attorney Dougherty, LMCIT Appointed Attorney Pamela VanderWiel of Greene Espel, P.A., City Administrator Lawell, and City Clerk Gackstetter. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Ms. VanderWiel and Mr. Dougherty then discussed the acquisition of property located at 7990 – 132nd Court with the Council. The Council reconvened in the Council Chambers in open session at 9:10 p.m. PROPERTY ACQUISITION CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2007 Page 8 MOTION: of Bergman, seconded by Goodwin, approving the Mediated Settlement Agreement with Gordon and Georgene Born in the amount of $475,000.00 for property located at 7990-132nd Court. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing entering into a purchase agreement with Gordon and George Born for property located at 7990 – 132nd Court, and further authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:11 o’clock p.m.