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HomeMy WebLinkAbout08/09/2007 CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 9, 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, 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 Varun Tarapore and Wyatt Spruck from Troop 293 and Jake Lieber and Matt Wood from Troop 205. 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. No one came forward 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 Goodwin, seconded by Bergman, and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of July 26, 2007, as written. Ayes - 3 - Nays - 0 – Abstain – 2 (Erickson and Goodwin). CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2007 Page 2 Resolution No. 2007-144 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on September 8, 2007, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-145 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on October 12, 2007, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-146 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on November 10, 2007, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-147 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on January 12, 2008, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-148 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on March 8, 2008, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-149 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Eastview Hockey Association, for use on December 29, 2007, at 14603 Hayes Road, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-150 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to St. Hubert Catholic Community, for use on June 1, 2008, at 7200 - 150th Street West, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2007 Page 3 Resolution No. 2007-151 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8 Voiture 1457, for use on September 29, 2007, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-152 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8 Voiture 1457, for use on October 20, 2007, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-153 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8 Voiture 1457, for use on November 24, 2007, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776, for use on September 15, 2007, at Fire Station No. 1; as described in the City Clerk’s memo dated August 6, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing issuance of a Temporary On-Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion, Post 1776, for an outdoor area at 14521 Granada Drive, valid on September 8, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Intergovernmental Agreement with the Metropolitan Council for the 2007 Citizen Assisted Lake Monitoring Program (CAMP) on Lake Alimagnet, Farquar Lake, Long Lake, Cobblestone Lake, and Scout Lake as attached to the Natural Resources Coordinator’s memo dated August 9, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving release of subdivision financial guarantee for Raising Cane’s, as listed in the Community Development Assistant’s memo dated August 9, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Land Surveyors Certificate of Correction to Plat for Lot 41, Block 3, Cobblestone Lake 3rd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2007 Page 4 MOTION: of Goodwin, seconded by Bergman, approving an Agreement for Access Control System Additions for the Central Maintenance Facility and Municipal Center with Trans-Alarm, Inc., in the amount of $19,177.78, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the contract with Imperial Developers, Inc., for Project 05-305, Village at Founders Circle Utility and Street Improvements, in the amount of $14,027.26. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 04-275, Eastwood Ridge 2nd Addition Utility and Street Improvements, as final and authorizing final payment on the agreement with Ryan Contracting Company, in the amount of $39,849.36. Ayes - 5 - Nays - 0. Resolution No. 2007-154 MOTION: of Goodwin, seconded by Bergman, adopting accepting, authorizing distribution, and scheduling a review of the Alternative Urban Areawide Review (AUAR) for Fischer Sand and Aggregate. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, rescheduling the September 13, 2007, informal and regular City Council meetings to September 12, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the full-time employee, as listed in the Personnel Report dated August 9, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA RIVER VALLEY CHURCH CUP AMENDMENT Mr. Lovelace reviewed the request to amend the Conditional Use Permit to expand the River Valley Church worship area from 7,803 square feet to 20,279 square feet. The church is located at 14898 Energy Way, which is a “BP” (Business Park) zoning district. Churches and daycares are allowed as conditional uses in a “BP” district provided they are located in a multi-tenant building and occupy less than 50 percent of the total building. River Valley Church is located in the Apple Valley Business Park multi-tenant building and the proposed Phase I and II expansions do not exceed 50 percent. Phase I includes a 10,313 square foot main auditorium and a 4,796 square foot family auditorium. Phase II is for the construction of a 5,170 square foot youth auditorium. Mr. Lovelace then reviewed the parking. In addition to the existing parking, the petitioner intends to stripe a lot in the rear of the building, and is working towards securing a shared parking agreement with the property owner to the north. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2007 Page 5 Mr. Lovelace said the Planning Commission held a public hearing on July 18, 2007. No public comments were received. The Planning Commission voted unanimously to recommend approval. Resolution No. 2007-155 MOTION: of Grendahl, seconded by Erickson, adopting approving amending the Conditional Use Permit to increase the expansion of the River Valley Church worship area from 7,803 square feet to 20,279 square feet in a 62,008 square foot multi-tenant building, located on Lot 1, Block 1, Valley Business Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE AMENDING SPECIAL FIRE PROTECTION SYSTEMS Fire Chief Wassmund gave the first reading of an ordinance amending City Code Section 150.01(B) which adopts Minnesota Rules, Chapter 1306, Special Fire Protection Systems, of the 2007 State Building Code. One of the requirements of Chapter 1306 is the selection of subpart 2 or 3, without amendment. The ordinance identifies the selection of Municipal Option subpart 3. The ordinance would require fire sprinklers in new commercial construction of 2,000 square feet and greater, and existing buildings when an expansion equals 100 percent or more of its current size. The Council accepted the first reading. The second reading will be August 23, 2007. SET INFORMAL MEETING MOTION: of Goodwin, seconded by Bergman, setting a special informal meeting at 6:30 p.m., on August 23, 2007, at the Municipal Center, for the purpose of discussing the 2008 proposed budget and tax levy. Ayes - 5 - Nays - 0. COMMITTEE VACANCIES Mr. Lawell said there are currently vacancies on both the Cemetery Advisory Committee and Parks and Recreation Advisory Committee. Residents interested in serving on either committee should complete an application which can be found on the City’s website or by contacting the City Clerk. COUNCIL COMMUNICATIONS Mayor Hamann-Roland extended thoughts and prayers to family, friends, and loved ones affected by the I-35W bridge collapse. She thanked City staff for their help during this tragedy. Fire Chief Wassmund and Police Chief Johnson described how local emergency personnel assisted the day of and days immediately following the disaster. Councilmember Bergman noted over 100 neighborhoods participated in National Night Out. He thanked Crime Prevention Specialist Pam Walter for her efforts in coordinating the successful event. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2007 Page 6 CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated August 6, 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 August 1, 2007, in the amount of $681,933.91; and August 8, 2007, in the amount of $4,876,540.87. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:22 o’clock p.m.