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HomeMy WebLinkAbout05/10/2007 CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 10th, 2007, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Grendahl. ABSENT: Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Manson, Associate City Planner Bodmer, Assistant Finance Director Broughten, Public Works Director Heuer, Parks and Recreation Director Johnson, Utilities Superintendent Blommel Johnson, City Planner Lovelace, Police Captain Marben, 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 presented. 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. Apple Valley Chamber of Commerce President Edward Kearney thanked the Council and staff for helping to make the 2007 Grand Cabaret a huge success. 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of April 26, 2007, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Page 2 MOTION: of Bergman, seconded by Grendahl, authorizing submittal of 2007 Assistance to Firefighters Grant in the amount of $46,080.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for sanitary sewer inflow and infiltration (I/I) with the Minnesota Zoological Garden., and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Joint Powers Agreement with the Dakota County for Traffic Signal Maintenance, as attached to the Public Works Director’s memo dated May 10, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Scope of Work submitted by Bonestroo and authorizing completion of NPDES Nondegradation Loading Assessment and Plan-Phase 2, as attached to the Natural Resources Coordinator’s memo dated May 10, 2007. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Fireworks Display Agreement with RES Specialty Pyrotechnics, Inc., to provide a fireworks display on July 4, 2007, at a total cost of $18,500.00, as attached to the Recreation Supervisor’s memo dated April 24, 2007; subject to receipt of a fireworks permit and certificate of insurance, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an E-911 PSAP Equipment and Maintenance Agreement with Qwest Corporation, in the amount of $950.80 per month, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the release of financial guarantees for Goddard School and Goddard School – NRMP, as listed in the Community Development Department Specialist’s memo dated May 4, 2007. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, referring the residential parking permit request for 8680 Hunters Way to the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2007-90 MOTION: of Bergman, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Jolene Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2007-91 MOTION: of Bergman, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 07-355, Sunset CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Page 3 Park, Long Lake Park, and Pennock Shores Storm Water Improvement Projects. Ayes - 4 - Nays - 0. Resolution No. 2007-92 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for Project 05-331R, Cobblestone Area Streets and Trunk Utilities, to Enebak Construction, the lowest responsible bidder, in the amount of $2,546,559.72. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 2 to the contract with Enebak Construction, for Project 06-331, Southeast Trunk Water Main, in the amount of an additional $28,662.04. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the hiring of full time, part-time, and seasonal employees and temporary assignment of a full time employee, as listed in the Personnel Report dated May 10, 2007. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA TRANSIT STATION LETTER OF SUPPORT Mr. Lawell informed the public that the Council is considering sending a letter in support of expanding the Apple Valley Transit Station. As everyone is aware, there is overcrowding at the Apple Valley Transit Station. More riders are expected in the future as the population and cost of gas increases. As a result, the Minnesota Valley Transit Authority (MVTA) contracted with engineering firm of TKDA to conduct an evaluation of various expansion options for the Apple Valley Transit Station site. After a thorough analysis of various options, TKDA suggested the best option would include the Watson’s site, which is a 10-acre parcel of land along Cedar Avenue. However, the City is very concerned about the health and prosperity of its business community, and wants to retain its business tax base and jobs. Mr. Lawell said it is very important any expansion efforts are respectful of that. The letter, addressed to Dakota County and the Minnesota Valley Transit Authority, addresses those concerns and lists several conditions. Mr. Lawell read the proposed letter. Mayor Hamann-Roland added that the letter is necessary so the Regional Rail Authority can move forward on a potential expansion. However, it was very clear during the work session held prior to the Council meeting that the Council really wants a negotiated settlement with Watson’s, and a win-win situation. She also said the land along Cedar Avenue is incredibly valuable and the Council wants to make the best use of the land by utilizing a multi-level parking structure. Councilmember Grendahl said she supports sending the letter so the MVTA may begin negotiations with Watson’s, but only if Watson’s is a willing seller and negotiations lead to a voluntary sale. She said she does not believe an Apple Valley business should have to pay for this problem. The Apple Valley Transit Station is overcrowded because half of its users are from outside the City. Apple Valley has planned for its citizens; and Lakeville, Farmington, and other CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Page 4 communities need to do so as well. In addition, it should not be Apple Valley’s problem to have to look at taking land, building ramps, and expanding its facility for cities that are not planning for themselves. Councilmember Grendahl further said she would prefer to see the real problem dealt with. She recommended the County take the lead on getting Lakeville, Farmington, and some of the southern cities into the taxing district, so they can pay for services they are using. Councilmember Bergman agreed with Councilmember Grendahl and asked County Commissioner Branning to talk with representatives of Lakeville and Farmington to get those cities to join the taxing district. Councilmember Bergman does not want Watson’s to think the City is trying to run them out. He also agreed with the Mayor’s comment that a multi-level parking structure is much preferred over surface parking. He added he hopes the MVTA will be able to come up with a plan in which the Transit Station can co-exist with Watson’s. Councilmember Erickson said he too believes the ideal solution would be to co-exist with Watson’s, especially considering it is a 10-acre site. Mayor Hamann-Roland said it is very clear the Council wants Apple Valley’s businesses to thrive, and that is first and foremost. If the Transit Station is able to co-exist on the Watson site, it would be considered a very successful arrangement. MOTION: of Erickson, seconded by Bergman, authorizing submittal of a letter of support to Dakota County and the Minnesota Valley Transit Authority for the expansion of Apple Valley Transit Station. Ayes - 4 - Nays - 0. ALF AMBULANCE 2006-2006 BI-ANNUAL REPORT Mr. Brian Landhuis, ALF Manager, reviewed the ALF Ambulance 2005 – 2006 Bi-annual Report. ALF Ambulance provides advanced life support services to the Cities of Apple Valley, Lakeville, and Farmington as well as the townships of Empire, Eureka, and Castle Rock. It services approximately 132,000 people within a 160-square mile service area. In 2006, crews responded to 4,270 calls and the average response time was 6 minutes 30 seconds. Mr. Landhuis thanked the City for its support. MOTION: of Erickson, seconded by Grendahl, receiving the ALF Ambulance 2005-2006 Bi- annual Report. Ayes - 4 - Nays - 0. COBBLESTONE LAKE SOUTH SHORE 3RD ADDITION Mr. Lovelace reviewed the request to rezone “PD-703/Zone 8” to “PD-703/Zone 2” and a subdivision of a 9-acre outlot by preliminary plat into 43 single family lots and 3 new outlots. The property is located on the northeast corner of Elm Creek Lane and 160th Street W. There was concern that Street “A” intersected with a private road. As a result, the developer and staff CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Page 5 propose a portion of Outlot A, or the road west of Street “A”, remain private, while the portion of Outlot A east of Street “A” be designated as public right-of-way. Street “A” and the eastern portion of Outlot A would become one-way streets. Councilmember Bergman asked how snow would be removed from this area. Mr. Heuer explained how the trucks would plow the area, and said it would not pose a problem. Councilmember Grendahl said she does not have a problem doing something a bit unconventional. She commended the developer for not lowering his standards. Mr. Lovelace said seven of the ten corner lots do not meet the minimum lot area requirement in subzone 2. As a result, staff is proposing a new subzone 2A. The new zone will identify uses, performance standards, and area requirements consistent with the development. The site does not provide for infiltration of the first 1/2 inch of storm water resulting from a rainfall. Instead, the petitioner is proposing they be allowed to infiltrate off site as part of an overall plan that will create a regional system of several infiltration areas over the remainder of the undeveloped property within the Cobblestone Lake development. Staff will work with Tradition Development to identify those areas. It will also be a condition of the final plat. Mr. Lovelace said that on April 18, 2007, the Planning Commission voted unanimously to recommend approval of the rezoning and preliminary plat. Mayor Hamann-Roland said this development is a model, and the City is very lucky to have such a high caliber developer like Mr. Enebek building single-family homes at a time when the housing market is somewhat soft. MOTION: of Erickson, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 809 and passing rezoning, “PD-703/Zone 8” (Cobblestone Lake South Shore 3rd Addition) to “PD-703/Zone 2A”. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, directing staff to prepare an ordinance amendment for “PD-703/Zone 2A”. Ayes - 4 - Nays - 0. Resolution No. 2007-93 MOTION: of Erickson, seconded by Grendahl, adopting approving the preliminary plat of Cobblestone Lake South Shore 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Mr. Tip Enebak, of Tradition Development, said this specific area is a good example of how things can be brought to the City and the final plan is better due to a series of discussions. He said he was very adamant about Street “A” not connecting with Cobblestone Lake Parkway. He challenged staff to think outside the box. A solution was found that protects the City’s interests and gives the neighborhood the look Tradition wanted. He hopes to continue that kind of CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Page 6 cooperation as the development moves west. He said thinking outside the box made a huge difference, and he appreciates the help he received from staff. ORDINANCE AMENDING DIRECTIONAL SIGNAGE ON LARGE RETAIL BUILDINGS Mr. Meyers gave the first reading of an ordinance amending City Code Section A13-6 (B)(3) of “PD-341/Zone 4A”, located on the northwest corner of County Road 42 and Pennock Avenue. The amendment is to the special performance standard section for signage. It would allow retailers 150,000 square feet or larger, with more than one type of retail component to have additional signage over the building entrance. Each sign shall not exceed 55 square feet and there can be no more than three signs per business. The Planning Commission held a public hearing on May 2, 2007, and no comments were received. Therefore, staff is requesting waiving of the second reading. MOTION: of Erickson, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 810 and passing amending City Code Section A13-6 (B)(3) to allow directional signage to retailers 150,000 square feet or larger, with more than one retail component, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE AMENDING CEMETERY FEES Mr. Heuer reviewed the proposed amendments to the fee schedule contained in the City Code. Fee adjustments are proposed for single and double boulders and a cremation boulder emblem. A new fee is established for a cremation boulder portrait. Councilmember Bergman asked the reason for the large increase on the existing fees. Mr. Heuer said the City’s cost recently went up 27 percent. In addition, the fees established in December 2006 did not include a cost for ground space, or a lot. An additional $500.00, which is the cost of a cremation lot, was added to the boulder fee. Councilmember Grendahl asked if the boulders may be prepaid. Mr. Heuer said boulders may be purchased pre-need. Councilmember Grendahl informed the public they have 21 days to purchase a boulder pre-need before the price goes up. Mr. Heuer said if the cremation trend continues the life expectancy of the cemetery may be extended to 150 years versus the 80 years originally anticipated. MOTION: of Bergman, seconded by Erickson, waiving the procedure for a second reading Ordinance No. 811 and passing amending the Fee Schedule Appendix of Title III CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Page 7 of the City Code by adjusting certain cemetery fees and charges effective June 1, 2007. Ayes - 4 - Nays - 0. MEETING SCHEDULE MOTION: of Grendahl, seconded by Erickson, canceling the regular City Council meeting scheduled for June 28, 2007, due to a conflict with the League of Minnesota Cities annual conference. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, setting a special informal City Council meeting, at 6:00 p.m., on May 24, 2007, at the Municipal Center, for the purpose of discussing issues with the Parks and Recreation Advisory Committee. Ayes - 4 - Nays - 0. STAFF ITEMS Mr. Lawell said staff recently learned portions of Cedar Avenue will be closed for repair. The news release dated May 10, 2007, indicates traffic on Highway 77, from Highway 13 to 138th Street, will be reduced to a single lane during concrete rehabilitation of the roadway. Lane restrictions will affect southbound traffic first with northbound lane restrictions to follow. The project is anticipated to be completed by mid-June, weather permitting. Councilmember Erickson asked if the road will be reduced to a single lane during rush hour as well. Mr. Heuer stated he thinks it will require lane closings 24 hours a day. COUNCIL COMMUNICATIONS Mayor Hamann-Roland extended condolences to the family of Cemetery Advisory Committee Member Wilton Anderson who passed away earlier today. 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 May 10, 2007, 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 May 2, 2007, in the amount of $569,126.85; and May 10, 2007, in the amount of $2,852,098.11. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 2007 Page 8 MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:56 o’clock p.m.