Loading...
HomeMy WebLinkAbout04/26/2007 CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 26th, 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, Associate City Planner Bodmer, Assistant Finance Director Broughten, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Utilities Superintendent Blommel Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, 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 led by Boy Scouts from Troops 205 and 293. 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. Dr. Karl Biewald, of Orthodontic Care Specialists, said he was concerned about the plans for Cedar Avenue, specifically the potential removal of the traffic light on 145th Street. He said approximately 40 businesses would be impacted by inadequate traffic routes currently in place. He asked for the Council’s opinion on the various plans regarding the Cedar Avenue corridor. Mayor Hamann-Roland said this portion of the meeting is to receive audience input and comments. There are only concepts at this time and they are fluid. No decisions have been made. She noted this item will be discussed at the informal meeting on May 10, 2007, and invited him to come to that meeting. Mr. Paul WonSavage, of Heartbeat Studios, asked if, on May 10th, the Council would be able to say where it stands on the removal of the stoplight and how much money will be spent. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 2 Mayor Hamann-Roland said there is a process going on to evaluate the Cedar Avenue corridor. She is not sure if there will be clear direction from that process by May 10. Mr. Lawell added the County hopes to have identified a preferred alternative by mid-June. Mr. WonSavage asked if there would be any commitment for money or resources by the City of Apple Valley before that point. Mayor Hamann-Roland said the money for the study came from county, state, and federal dollars, not the City of Apple Valley. She invited the businesses to come to the Cedar Avenue Corridor Group meetings to provide their input. Councilmember Goodwin said although this project is in the planning stage, it is his understanding there is no money to implement the highway expansion for many years. Mr. Lawell confirmed that whatever the project is, it will be phased in over many years, and that the City has not committed any money for construction on Cedar Avenue at this point. It is the Dakota County Regional Rail Authority that will have the ultimate authority on what the BRT corridor looks like. Councilmember Erickson said it is the County not the City who will decide what will happen to Cedar Avenue. He further said the intersection of Cedar Avenue and County Road 42 is at capacity and something needs to be done. Councilmember Grendahl said if the City is responsible to pay 45 percent of the cost of what is done she hopes the project will be one the Council favors. 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 Goodwin, 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 April 12, 2007, as written. Ayes - 5 - Nays - 0. Resolution No. 2007-74 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Rotary Scholarship Foundation, for use at Rascals-Apple CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 3 Valley Bar & Grill, on October 13, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming April 28, 2007, as “Workers Memorial Day”. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving submittal of an Intent to Apply Form and application for a Blue Cross Blue Shield of Minnesota “Active Community Planning” grant. Ayes - 5 - Nays - 0. Resolution No. 2007-75 MOTION: of Bergman, seconded by Goodwin, adopting approving 2007 Special Assessment Roll No. 550, for hearing purposes, in the total amount of $122,696.90 for delinquent utility charges, and setting the public hearing, at 8:00 p.m., on May 24, 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-76 MOTION: of Bergman, seconded by Goodwin, adopting approving 2007 Special Assessment Rolls No. 551, 552, 554-556, 558-560, for hearing purposes, in the total amount of $3,733,962.00 for public improvements, and setting the public hearing, at 8:00 p.m., on May 24, 2007. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, receiving the Police Department 2006 annual report. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Contract with Dan Bale as Team Leader for the 2007 Wetland Health Evaluation Program, at a cost of $2,000.00, as attached to the Natural Resources Coordinator’s memo dated April 26, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Clean Water Legacy Grant Agreement for Sunset Pond with the State of Minnesota Board of Water and Soil Resources, in the amount of $70,000.00, as attached to the Natural Resources Coordinator’s memo dated April 26, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Clean Water Legacy Grant Agreement for Pond EVR-P13 with the State of Minnesota Board of Water and Soil Resources, in the amount of $63,500.00, as attached to the Natural Resources Coordinator’s memo dated April 26, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Clean Water Legacy Grant Agreement for Whitney Pond with the State of Minnesota Board of Water and Soil Resources, in the amount of $60,000.00, as attached to the Natural Resources CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 4 Coordinator’s memo dated April 26, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with Dakota County Soil and Water Conservation District for services relating to the Clean Water Legacy Grants, as attached to the Natural Resources Coordinator’s memo dated April 26, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the reduction of financial guarantee for Lebanon Valley – Haralson Apartments from $40,188.00 to $5,000.00, as listed in the Community Development Department Secretary’s memo dated April 20, 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-77 MOTION: of Bergman, seconded by Goodwin, approving approving a 15-foot front yard setback variance to allow construction of a of a single-family home on Lot 2, Block 1, Deer Run (12076 Safari Pass), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-78 MOTION: of Bergman, seconded by Goodwin, adopting amending the site plan and building permit authorization for The Shops on Galaxie, located at 15322 Galaxie Avenue, with conditions. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving amendments to three letters of credit for Cobblestone Lake Commercial, as attached to the Assistant City Attorney’s memo dated April 23, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-79 MOTION: of Bergman, seconded by Goodwin, adopting authorizing disposing of a 1979 fire truck by advertising for sale by sealed bids, to be opened at 2:00 p.m., on May 17, 2007, with a minimum bid of $9,000.00. Ayes - 5 - Nays - 0. Resolution No. 2007-80 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Project 06-341, 2007 Street Maintenance, to Valley Paving, Inc., the low bidder, in the amount of $1,926,131.48. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the Agreement with North Central Ambulance Sales and Service for Quint Fire Apparatus with Pump and 75’ Ladder, in the amount of an additional $306.24. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 5 MOTION: of Bergman, seconded by Goodwin, accepting Project 05-307, 2006 Street Maintenance, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $62,275.50. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the hiring of part-time and seasonal employees and resignation and retirement, as listed in the Personnel Report dated April 26, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA POPPY DAYS PROCLAMATION Ms. Rose Neff of the American Legion Auxiliary Poppy Committee was present. She read the proclamation, proclaiming May 18 and 19, 2007, as “Poppy Days” and May 2007 as “Poppy Month”. The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION: of Erickson, seconded by Grendahl, proclaiming May as “Poppy Month” and May 18-19, 2007, as “Poppy Days” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 - Nays - 0. MEMORIAL DAY PROCLAMATION Mr. Lloyd Cybart, on behalf of American Legion Post 1776, read the proclamation proclaiming May 28, 2007, “Memorial Day”. He invited everyone to the ceremonies at 11:00 a.m. at the Apple Valley American Legion Memorial located behind the American Legion Post on Granada Avenue. MOTION: of Grendahl, seconded by Goodwin, acknowledging the Federal Proclamation of May 28, 2007, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. COBBLESTONE LAKE SOUTH SHORE 2ND ADDITION Mr. Lovelace reviewed the request to vacate drainage and utility easements along the perimeter of Lots 1 and 2, Block 3; Lots 1, 4, 5, and 6, Block 4; and over all of Outlot C, Cobblestone Lake South Shore. The applicant is requesting the vacation as part of the replatting of the six lots and outlot into a new subdivision, Cobblestone Lake South Shore 2nd Addition. New drainage and utility easements will be established as part of the replat. Mayor Hamann-Roland called the public hearing to order, at 8:27 p.m., to consider the vacation of drainage and utility easements in Cobblestone Lake South Shore, and noted receipt of the CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 6 affidavit of publication of the hearing notice. She asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:28 p.m. Resolution No. 2007-81 MOTION: of Goodwin, seconded by Bergman, adopting completing vacation of the drainage and utility easement along the perimeter of Lots 1 and 2, Block 3; Lots 1, 4, 5, and 6, Block 4; and over all of Outlot C, Cobblestone Lake South Shore, and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. Resolution No. 2007-82 MOTION: of Bergman, seconded by Erickson, adopting approving the final plat of Cobblestone Lake South Shore 2nd Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. WIRSBO THIRD ADDITION Ms. Bodmer reviewed the request for vacation of drainage and utility easements on Lot 1, Block 1, Wirsbo 2nd Addition; and Lot 1, Block 2, North Star Industrial Park. The applicant is also requesting a subdivision by preliminary plat as well as an approval of a final plat and deferment agreement. Uponor Wirsbo would like to purchase the northern most 1.5 acres of the American Student Transportation property. When completed, the Uponor Wirsbo property will be 16.5 acres and the American Student Transportation property will be 6 acres. The existing easements along the former shared property line will no longer be needed and new drainage and utility easements will be established around the replatted lots. Mayor Hamann-Roland called the public hearing to order, at 8:31 p.m., to consider the vacation of drainage and utility easements along the shared property on Lot 1, Block 1, Wirsbo 2nd Addition; and Lot 1, Block 2, North Star Industrial Park, and noted receipt of the affidavit of publication of the hearing notice. She asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:32 p.m. Resolution No. 2007-83 MOTION: of Goodwin, seconded by Grendahl, adopting completing vacation of the drainage and utility easement on Lot 1, Block 1, Wirsbo 2nd Addition; and Lot 1, Block 2, North Star Industrial Park, and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. Resolution No. 2007-84 MOTION: of Grendahl, seconded by Erickson, adopting approving the preliminary plat of Wirsbo Third Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-85 MOTION: of Bergman, seconded by Goodwin, adopting approving the final plat of Wirsbo Third Addition and deferment agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 7 ALL STARS MONTESSORI CONDITIONAL USE PERMIT Ms. Dykes reviewed the request for a Conditional Use Permit for a child care center in an “I-1” (Limited Industrial) zoning district. The property is located at 5920- 148th Street W. The applicant is requesting 5,300 square feet of the 16,000 square foot building be approved for a child care center as well as a 1,620 square foot outdoor play area that will occupy six parking spaces. The plans indicate the child care center may expand in the future to a maximum of 7,893 square feet, which is 50 percent of the building area. Staff recommends the fencing around the play area be similar to the black aluminum fence on the south end of the site, and that the outdoor play area should only exist in conjunction with the child care facility. On April 18, 2007, the Planning Commission voted unanimously to recommend approval of the Conditional Use Permit. Resolution No. 2007-86 MOTION: of Goodwin, seconded by Grendahl, adopting approving a Conditional Use Permit to allow a child care center and 1,620 square foot outdoor play area on Lot 1, Block 1, North Star Industrial Park 2nd Addition, (5920 – 148th Street W.) with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. PRAIRIE CROSSING COMMERCIAL Ms Bodmer reviewed the request by Velmeir Companies and CVS Pharmacy for an amendment to PD-629/Zone 4, a 3.1 acre site located south of County Road 42 and west of Dove Trail. The amendment would allow a drive-thru window for a pharmacy, a drive-thru window for a multi- tenant commercial building, an amendment to the approved site plan, and an amendment to the maximum building height. The request also includes a subdivision by preliminary plat of two lots, with Lot 1 being approximately one acre and Lot 2 being approximately two acres; and a site plan review and building permit authorization to construct a 12,900 square foot CVS Pharmacy on the east side of the property and two approximately 6,000 square feet multi-tenant retail buildings on the west side. The plans are consistent with the Prairie Crossing Commercial development approved in 1997. She said sanitary and storm sewer lines will need to be relocated. The work will be done privately and incorporated into the development agreement. There will be a future request for vacation of easements. Ms. Bodmer said the site is five parking spaces short of the requirement. The petitioner is proposing a proof of parking agreement over the infiltration area, which would allow the area to be paved should additional parking be needed. Additional underground infiltration would be installed if this area needed to be paved. She said the Planning Commission preferred the additional green space over the five parking spaces. Fencing and the two multi-tenant buildings on the western side of the property will provide screening for the residential area. Due to storm sewer and water lines on the west side of the multi-tenant buildings, the petitioner is unable to plant landscaping immediately behind the two CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 8 buildings. As a result, the petitioner has offered to install landscaping on the neighboring Association’s property to further screen the commercial area. Ms. Bodmer then reviewed the lighting plan and elevation drawings. She also reviewed the landscaping plans and noted the Prairie Crossing Commercial Planned Development requires two times the typical amount of landscaping, or five percent the value of the construction of the building. The Planning Commission voted unanimously to recommend approval of the project. Councilmember Bergman commended CVS Pharmacy for working with the residents and said the project will be a great addition to that part of the City. Ms. Bodmer added the residents had requested the dumpster be located away from their property line, possibly near the 150th Street entrance. Mr. Jim LaValle, of Velmeir Companies, said it is their preference to keep the dumpster where it is and away from the entrance. He said they will try to work with the neighborhood on this element. He stated a resident who was at the Association meeting is here this evening and he would like to invite him to speak. Mr. Steve Mohs, 15076 Dunwood Trail, said he has several issues with the project. He said the developer is asking for ten feet of the Association’s property for landscaping, and he would prefer looking at fence versus the back of a building. Mayor Hamann-Roland asked Mr. Mohs if landscaping was an option. Mr. Mohs said the developer should have talked with all the neighbors before they started. Besides the landscaping, he is concerned the infiltration area will be muck and asked that the water be stored underground. Mayor Hamann-Roland stated this area has sandy soil and it is likely the water will be wicked away. Mr. Manson said the infiltration basins are designed to infiltrate a rain event within 48 to 72 hours. Councilmember Erickson asked if the infiltration area would be muck or would it have plantings. Mr. Manson said the petitioner has indicated the infiltration area will have plantings and vegetation. Mr. LaValle said they are amenable to entering into a maintenance agreement for both the above and underground systems. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 9 Mr. Mohs suggested the orientation of the buildings be flip flopped on the site, to make it seem more open to the neighborhood. He said a berm and trees placed on the west side of the developer’s property could stop the lights. If the trees are on the Association’s property and they die, it is becomes the Association’s responsibility. Ms. Bodmer said the petitioner has offered to install plantings on the Association’s property, but they would then become the property of the Association. They are a gift. Mr. LaValle stated the trees that would be installed on the Association’s property would have a warranty period. Councilmember Bergman asked about the design on the back of the building. Ms. Bodmer said all four sides of the buildings will be made of similar materials. The back of the two multi-tenant buildings have vertical treatments to help break up the façade. They do not have windows, so as to protect the privacy of the residential area; however, there are emergency doors. Mr. LaValle said they have agreed to put panic devices on those doors in an attempt to discourage use for anything but an emergency. Councilmember Erickson said the attempt by the petitioner to offer landscaping is not an attempt to take the Association’s property. If the Association does not want it, they should turn it down. Mr. Mohs said the Association is on a budget and it will have to trim and mow around the trees. The residents can either look at the trees or a cement wall. He did not feel that was much of an option. Councilmember Goodwin said years ago only the fronts of buildings were attractive, now all four sides are attractive, which is the case here. By allowing the Association to design the landscaping, should they opt for it, they are given the best of all options. He asked if Mr. Mohs knew the property was zoned for retail when he purchased his home. Mr. Mohs said yes, but he was told the buildings would be far away and there would be a lovely waterfall and park. Mayor Hamann-Roland said those amenities were in the plans at one time, but the plans have now evolved. Mr. Mohs suggested the buildings be moved back on the property to allow enough room to place the screening trees on the developer’s property. Ms. Bodmer noted the multi-tenant buildings were in the same location on the original plans in order to provide privacy to the neighborhood and act as a screen and buffer for lights and noise. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 10 Ms. Cathy Anderson, of Architectural Consortium, L.L.C., confirmed the building placement in the proposed orientation will help buffer noise pollution and block light spillage. She also said spruce trees are relatively maintenance free. Mayor Hamann-Roland said she hopes some of the concerns have been addressed. She suggested staff, the petitioner, and the neighborhood continue to work together to find the best blend of products to address Mr. Mohs concerns. Mr. LaValle said he has had over a dozen conversations with a designated representative of the Association and five meetings. Ms. Anderson said when the plans were established in 1997 by the original developer there were no neighbors to ask. She further said the opinions of other residents may differ on the cut through and screening materials. Mr. Mohs said he is concerned the value of his home will go down if it looks at the back of a building. Mayor Hamann-Roland said she knows of instances where property owners had similar concerns but that the property values went up. Councilmember Erickson asked if the public was given an opportunity to provide input at the Planning Commission meeting. Mr. LaValle said yes. Mayor Hamann-Roland asked if the issues Mr. Mohs brought up tonight were discussed at that time. Ms. Bodmer said yes. Councilmember Goodwin encouraged residents to check on the zoning of adjacent property before purchasing a home. He then complimented Velmeir Companies and CVS on doing all they can do. Mr. LaValle said he will continue to try to satisfy Mr. Mohs concerns, and he thanked staff for working with them on this project. MOTION: of Erickson, seconded by Goodwin,, waiving the procedure for a second reading Ordinance No. 807 and passing amending PD-629/Zone 4, Prairie Crossing Commercial, to allow one drive-thru window per lot, amend the approved site plan, and amend the maximum building height, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 11 Resolution No. 2007-87 MOTION: of Bergman, seconded by Goodwin, adopting approving the preliminary plat of Prairie Crossing Commercial 2nd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-88 MOTION: of Bergman, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a 12,900 square foot CVS Pharmacy with drive-thru window, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. AMERICAN LEGION OUTDOOR PATIO FENCE Ms. Bodmer said the Apple Valley American Legion, Post 1776, located at 14521 Granada Avenue, is requesting an amendment to their site plan for an outdoor dining patio, which was approved on August 24, 2006. One of the elements of the site plan was the fence surrounding the dining area. The Council approved a 4 foot 2 inch high cedar fence that allowed visibility into the dining area from the street. The American Legion would now like to install a 6 foot wrought iron fence. They are requesting the taller fence to help deter theft of their outdoor patio furniture. Councilmember Bergman said he did not like the cedar fence and envisioned something similar to what is now being proposed. Councilmember Goodwin recalled that one of the issues during the original approval was a concern with headlights. He noted there would not be much recourse with this type of open fence. Resolution No. 2007-89 MOTION: of Grendahl, seconded by Erickson, adopting amending Resolution 2006-140 to allow a maximum 6 foot high wrought iron fence around the outdoor dining patio on Lot 1, Block 1, American Legion Post 1776 Addition (14521 Granada Avenue). Ayes - 5 - Nays - 0. ORDINANCE AMENDING OVERNIGHT PARKING IN A BUSINESS PARK DISTRICT Mr. Lovelace reviewed the ordinance amendment to allow overnight parking in a “BP” (Business Park) zoning district as a conditional use. The petitioner would like to lease approximately 10,000 square feet in the Pilot Flex Center, located west of Energy Way and south of Upper 147th Street, to a provider of vocational and training services for adults with disabilities. The provider requires overnight parking of 5 buses. The amendment would allow overnight parking provided the vehicles are screened and are not adjacent to a residential area. Mr. Lovelace said the Planning Commission held a public hearing on April 18, 2007. No comments were received. The Planning Commission then voted unanimously to recommend approval. Councilmember Bergman asked if this would invite similar requests in other parts of the City. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 12 Mr. Lovelace said the area north of County Road 42 and west of Pilot Knob Road is the only area in the City currently zoned “BP”. Mr. Goodwin asked how residents might perceive this amendment when they cannot park in the street. Mr. Lovelace clarified that this amendment does not allow parking in the street. It would only be permitted in the parking lots associated with businesses in the “BP” district. Mayor Hamann-Roland asked if the vehicles would have to be integral to the business. Mr. Lovelace said they would. In addition, the Council will have the opportunity to review each request for a Conditional Use Permit and approve the number of vehicles and their location as well as set screening and other standards. Councilmember Erickson suggested parking be included as a discussion item in the planning process for each new Business Park zoning request so that it is discussed at that point in time. Councilmember Grendahl asked if the number of buses might increase. Mr. Lovelace said the number of buses will be approved in the Conditional Use Permit. Any variation to that will require an amendment to the Conditional Use Permit. MOTION: of Goodwin, seconded by Erickson, waiving the procedure for a second reading Ordinance No. 808 and passing amending Section 155.232 of the City Code to allow overnight parking of vehicles as a conditional use in the “BP” (Business Park) Zoning District. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS The Police Chief recognized Brian Plantz as 2006 Officer of the Year, Diane Bodeen as 2006 Employee of the Year, and Brian Bone as the 2006 Chief’s Award of Merit recipient. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated April 23, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2007 Page 13 MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated April 18, 2007, in the amount of $1,589,623.63; and April 25, 2007, in the amount of $901,427.58. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:35 o’clock p.m.