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HomeMy WebLinkAbout07/26/2007 CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 26, 2007, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman and Grendahl. ABSENT: Councilmembers Erickson and Goodwin. 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, Utilities Superintendent Blommel Johnson, City Planner Lovelace, Police Captain Marben, Police Captain Rechtzigel, Planning Intern Meyers, Community Development Director Nordquist, Human Resources Manager Strauss, and Crime Prevention Specialist Walter. 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 Grendahl, seconded by Bergman, removing Item 5.3 – Resolution Appointing Member to Fill Vacancy on Cemetery Advisory Committee, and approving the agenda for tonight’s meeting, as amended. Ayes - 3 - 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. Mr. Dave Truesdell, 452 Walnut Lane, read a letter for his wife, Vicky Truesdell, who expressed concern about traffic and safety issues in their neighborhood. She believes the traffic in the neighborhood has doubled since purchasing her home in 1999. People walk on the roads since there are no sidewalks. She commented on drinking, foul language, and litter in Alimagnet Park, and suggested no baskets for disc golf be placed near the walking trails. Mr. Truesdell said he echoed his wife’s concerns. There are lots of kids in the neighborhood and speeding is terrible. Mayor Hamann-Roland asked the Police Department to provide additional enforcement in that area. She noted staff is currently collecting and analyzing data on Alimagnet Park which will be brought to the Council in September. She thanked Mr. Truesdell for the additional information. Councilmember Grendahl asked if traffic counts are available for that area. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 2 Mr. Heuer said several counts are being taken over the summer and will be presented with the report in September. Councilmember Grendahl asked to receive the traffic count data as it becomes available. She questioned the status of the license plate survey. Police Chief Johnson said a resident from Ridgeview Drive provided a list of approximately 150 to 200 license plates from vehicles parked in the parking lot at Alimagnet Park. Approximately one-half of the vehicles were registered to Apple Valley residents, one-quarter to Burnsville residents, and one-quarter to Lakeville residents. He will provide the Council with a copy of the spreadsheet which lists the details. Mayor Hamann-Roland said something that was mentioned earlier was the fact there are no sidewalks in that area. She asked Mr. Truesdell if his neighborhood might be interested in installing sidewalks. She suggested National Night Out may be a good time to discuss it with his neighbors. Councilmember Bergman said there are different ways of monitoring traffic. He asked Police Chief Johnson to monitor traffic now and after school starts, so there is a comparison. Derek Rucker, 15994 Hyland Pointe Court, said he is also on the deed of 14445 Glenda Drive, which is his mother-in-law’s home, and is here representing her. He understands the need to get to Pennock Shores storm water pond for drudging and managing the pond. However, he asked that all options be kept on the table as far as access to the pond. He believes the current plans are to access the pond through an existing easement. He stated the easement is heavily wooded and landscaped. There may be a cost savings by acquiring new easements or accessing the pond from an adjacent parking lot or some closer point. He asked how or where he could get a copy of the easements. Mayor Hamann-Roland thanked Mr. Rucker for his comments and said staff will consider them. Mr. Heuer said as this project moves forward there will be planning meetings scheduled with the Pennock Shores Association. Staff has reviewed this matter very closely. The City currently has a License Agreement to access Pennock Shores pond and lift station from an adjacent parking lot. However, that property owner is intending to develop his property. After which time, access will no longer be available. Mr. Heuer further said during a major rainfall event, property on the north side of the pond floods. It is often during those times, it is necessary to access the lift station. He gave Mr. Rucker options on where to access the plats which specify the easements. Mr. Heuer also offered to meet with Mr. Rucker to discuss the matter with him. 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. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 3 MOTION: of Bergman, seconded by Grendahl, approving all items on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of July 12, 2007, as written. Ayes - 3 - Nays - 0. Resolution No. 2007-132 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $250.00 from Cub Scout Pack 1003 for Park and Recreation Programs. Ayes - 3 - Nays - 0. Resolution No. 2007-133 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $250.00 from Target Corporation for the National Night Out Program. Ayes - 3 - Nays - 0. Resolution No. 2007-134 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Ducks Unlimited, Chapter 185, for use on September 12, 2007, and waiving any waiting period for State approval. Ayes - 3 - Nays - 0. Resolution No. 2007-135 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Firefighters Relief Association, for use on September 15, 2007, and waiving any waiting period for State approval. Ayes - 3 - Nays - 0. Resolution No. 2007-136 MOTION: of Bergman, seconded by Grendahl, adopting designating Mutual Securities, Inc., as an additional depository for City Funds for the year 2007. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the ALF Ambulance 2008 Budget, as recommended by the ALF Ambulance Board. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving and accepting the Industrial Land Use Study entitled “Apple Valley Office/Industrial Market Potential Apple Valley Office/Industrial Market Potential”. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Medical Direction Agreement with Allina Health System for the Apple Valley Police Department and Apple Valley Fire Department First Responder Service in the utilization and operation of automated external defibrillators, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 4 MOTION: of Bergman, seconded by Grendahl, approving the Medical Direction Agreement with Allina Health System for City members of the Apple Valley Cardiac Emergency Partnership Public Access Automated External Defibrillator Program, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the release of financial guarantees for Raising Canes and Cobblestone Lake 3rd Addition and the reduction of financial guarantees for Wensmann 13th Addition from $98,000.00 to $30,000.00, Cobblestone Lake Southshore from $197,250.00 to 138,075.00, and Cobblestone Lake 3rd Addition from $234,000.00 to $63,000.00, as listed in the Planning Department Assistant’s memo dated July 26, 2007. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, directing staff to prepare amendments to the ordinance to allow a pet spa/daycare as a permitted use and associated outdoor activities as a conditional use in a “BP” (Business Park) Zoning District. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, setting a public hearing, at 8:00 p.m., on August 23, 2007, to consider amendments to the ordinance regulating a “BP” (Business Park) Zoning District. Ayes - 3 - Nays - 0. Resolution No. 2007-137 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of "on-sale liquor" to Valleywood Golf Course, for premises located at 4851 - 125th Street W., Apple Valley, MN; and authorizing filing the necessary documents. Ayes - 3 - Nays - 0. Resolution No. 2007-138 MOTION: of Bergman, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 05-312, Miscellaneous Storm Sewer/Storm Water Improvements. Ayes - 3 - Nays - 0. Resolution No. 2007-139 MOTION: of Bergman, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 07-365, Cobblestone Lake Trails and Regional Infiltration. Ayes - 3 - Nays - 0. Resolution No. 2007-140 MOTION: of Bergman, seconded by Grendahl, adopting approving specifications for Bi-Directional Articulating Tractor and Snow Blower Lease to Purchase; and authorizing advertising for receipt of bids, at 2:00 p.m., on August 16, 2007. Ayes - 3 - Nays - 0. Resolution No. 2007-141 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and specifications for Project 07-355, Sunset Park, Long Lake Park, and Pennock Shores Storm Water Improvement Projects, and authorizing advertising for receipt of bids, at 9:00 a.m., on September 6, 2007. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 5 MOTION: of Bergman, seconded by Grendahl, approving an Agreement for Valleywood Maintenance Building Roof Repair with A Plus Roofing Company in an amount not to exceed $28,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for architectural services for Liquor Store No. 3 with CNH Architects, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 03-237, 153rd Street Utility and Street Improvements, in the amount of $16,218.48. Ayes - 3 - Nays - 0. Resolution No. 2007-142 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for Project 07-357, Sanitary Lift Station No. 4 Replacement to Northdale Construction Company, Inc., the low bidder, in the amount of $226,010.11. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Project 06-338, Well Maintenance 4, 13, 16, and WTP LZP1, as final and authorizing final payment on the contract with Keys Well Drilling Company, in the amount of $9,610.65. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, changing the start time for the informal Council meeting on August 9, 2007, to 6:00 p.m. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the full-time and seasonal employees, and resignation, as listed in the Personnel Report dated July 26, 2007. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA NATIONAL NIGHT OUT Ms. Pam Walter, Crime Prevention Specialist, reviewed the agenda of activities planned throughout the City for the 24th annual “National Night Out” on August 7, 2007. She invited everyone to attend a picnic sponsored by the Business Watch program, from 11:00 a.m. to 2:00 p.m., at 15010 Glazier Avenue. Visits by the Police and Fire Departments and City Council to neighborhood events will begin at 5:00 p.m., and continue throughout the evening. Anyone interested in scheduling a neighborhood party should contact her. There are currently 98 parties registered. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 6 Again this year, neighborhood parties can “Build a Backpack” of school supplies. The supplies will be turned in to the Police Department and forwarded on to the Community Action Council for distribution. MOTION: of Grendahl, seconded by Bergman, proclaiming August 7, 2007, as “National Night Out” and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 3 - Nays - 0. M & I BANK Ms. Dykes reviewed the site plan/building permit authorization request from United Properties for a 4,600 square foot, one-story bank with four drive-thru lanes on property located southeast of County Road 42 and Galaxie Avenue. After review by the Planning Commission, the applicant submitted revised plans that address staff’s concerns. The Planning Commission recommended installation of a dedicated pedestrian connection, which the applicant has agreed to make. Ms. Dykes stated cross-parking and cross-access agreements with CVS Pharmacy have been filed with Dakota County. There are no outstanding issues with the lighting, grading, and landscaping plans. Ms. Dykes then reviewed the elevation drawings. There will be a 32-foot high tower on the northeast corner of the building. The materials and design should compliment and blend with adjacent buildings. On July 18, 2007, the Planning Commission voted unanimously to recommend approval. Resolutions No. 2007-143 MOTION: of Grendahl, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for a 4,600 square foot, one-story M & I Bank and four drive-thru lanes on Lot 1, Block 1, Southport 3rd Addition, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 0. 2030 COMPREHENSIVE PLAN Mr. Nordquist said Apple Valley benefits from great planning. The first Comprehensive Plan was completed in 1972, and the last update was done in 1999. The Council has directed the Planning Commission to take the lead in developing the 2030 Comprehensive Plan. The 2030 update will address challenges of today, including job growth, transportation, and housing choices for a growing and changing demographic. It will also address future opportunities such as continuing to be a thriving, vital, and livable community; sustainability and resource management; new and changing technology; and land use planning that leads to full development. This project is planned from August 2007 to June 2008. In order to keep residents and businesses informed, during this same period, the first item on the Planning Commission agenda will be a Comprehensive Plan update. At 7:00 p.m., on the first and third Wednesdays of the month, the public will be able to view a broadcast update on this project. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 7 Mr. Nordquist then summarized the qualities they were looking for in a preferred consultant. The Planning Commission Chair and Vice Chair and staff interviewed the consultants. At its July 18, 2007, meeting, the Planning Commission unanimously recommended Hoisington Koegler Group, Inc., as the consultant. Planning Commission Chair Jeannine Churchill said of the six consultants sent an RFP, three replied. She said Hoisington Koegler Group’s proposal was tailored to Apple Valley. They also provided more detail in the interview which was specific to Apple Valley. Considering the challenges, including transportation, aging residential neighborhoods, possible redevelopment, and trying to develop industrial uses, it is important to partner with a consultant with the right expertise that can help the City plan for its future. Councilmember Bergman commended Chair Churchill for her direction and leadership on the Planning Commission. He understands that Commissioner Melander also overwhelmingly supports this consultant. Councilmember Bergman said he looks forward to seeing what comes forth in the 2030 Comprehensive Plan. Mayor Hamann-Roland also thanked Chair Churchill for an exceptional job and thanked her for working together with Commission Melander during the selection process. MOTION: of Bergman, seconded by Grendahl, approving an Agreement with Hoisington Koegler Group, Inc., for professional planning services to update the 2030 Comprehensive Plan, as attached to the Community Development Director’s memo dated July 23, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. Mr. Rusty Fifield, of Hoisington Koegler Group, Inc., said it is a pleasure to be the project manager and is excited to have the opportunity to work with the Planning Commission, staff, and engage the community on this project. His group will be sharing observations from other communities, bringing new ideas and thoughts, and identifying good things already in place so energy is focused on what needs attention. Mayor Hamann-Roland said it was wonderful to be recognized as one of the most livable communities in the country, but there are always areas which can be improved. HILLCREST ACRES REZONING Mr. Meyers reviewed the request by RLK Associates to rezone Lot 7, Block 1, Hillcrest Acres, from “PD-679/Zone 2” to “PD-679/Zone 3”. The property is located on the southeast corner of 151st Street and Foliage Avenue. The rezoning will allow service bays and other uses as a conditional use. Discount Tire went before the Planning Commission on April 18, 2007, with a sketch plan to develop on the property. Mr. Meyers said the property has been vacant for five years and the property owner is looking for more development flexibility. A public hearing was CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 8 held on June 20, 2007. There were concerns regarding traffic, screening of the site, and the location of the road to the south of Lot 7. Councilmember Bergman asked if there will be proper screening of these potential uses from the townhomes. Mr. Meyers said berming and landscaping will be placed between the two uses. He stated traffic counts taken in April 2004 measured volume and speeds that were generally at or below the posted speed limit signs for the adjacent roads. The alignment of the road south of Lot 7 will be reviewed when a development proposal is submitted to the City. The City’s Traffic Engineer provided trip generation statistics for a tire store versus a specialty retail center. Although a tire store typically generates fewer daily trips, its PM peak is higher. The Planning Commission considered this item on July 18, 2007, and voted unanimously to recommend approval. MOTION: of Bergman, seconded by Grendahl, waiving the second reading and passing Ordinance No. 819 rezoning Lot 7, Block 1, Hillcrest Acres, from “PD-679/Zone 2 to “PD-679/Zone 3” as recommended by the Planning Commission. Ayes - 3 - Nays - 0. PARKS & RECREATION ADVISORY COMMITTEE RESIGNATION Mr. Randy Johnson said he recently received a letter of resignation from Parks and Recreation Advisory Committee Member Loren Hegland. Mr. Hegland has served on the Parks and Recreation Advisory Committee as the senior representative since February 2001. He has done an excellent job and will be missed. Councilmember Bergman thanked Mr. Hegland for all he has done. He challenged staff to come up with a viable solution for the golf course. Councilmember Grendahl also thanked Mr. Hegland. She asked what age someone must be in order to qualify as the Senior Representative. Mr. Johnson said 62 or older. He knows there is some interest in the position from the senior citizens group. MOTION: of Grendahl, seconded by Bergman, accepting the resignation of Parks and Recreation Advisory Committee Member Hegland, and thanking him for his dedicated service to the City of Apple Valley. Ayes - 3 - Nays - 0. STAFF & COUNCIL COMMUNICATIONS Mr. Lawell noted Ms. Erica Christoffer, is leaving the Sun Current, and thanked her for the great job she did in covering Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 2007 Page 9 Mayor Hamann-Roland said Apple Valley was recently recognized in Money magazine as one of the most livable communities in the United States. Part of that recognition is attributable to good, balanced reporting. She thanked Ms. Christoffer for being a great partner and wished her well. Mayor Hamann-Roland then congratulated the City on being identified as great community and for having wonderfully engaged citizens and an exceptional staff. Councilmember Bergman thanked Ms. Christoffer as well. He also congratulated Councilmember Goodwin on his recent appointment as President of Metro Cities and congratulated Mayor Hamann-Roland on her recent appointment as First Vice President of the League of Minnesota Cities. Councilmember Grendahl told Ms. Christoffer she would be missed and thanked her for her accurate reporting. Mayor Hamann-Roland then proclaimed July 26, 2007, as “Erica Christoffer Day” in recognition of Erica Christoffer’s outstanding journalism and accurate reporting of community events. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated July 23, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 3 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated July 19, 2007, in the amount of $3,089,422.71; and July 26, 2007, in the amount of $2,637,965.95. Ayes - 3 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:04 o’clock p.m.