Loading...
HomeMy WebLinkAbout08/23/2007 CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 23, 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, Fire Marshal Kingsley, City Planner Lovelace, and Human Resources Manager Strauss. 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 - 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 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 August 9, 2007, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the City’s 2006 Financial Audit and Management Letter by Kern, DeWenter, Viere, Ltd. Ayes - 5- Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Page 2 MOTION: of Goodwin, seconded by Bergman, approving the Revised D.A.R.E. and Police Liaison Services Agreement with Independent School District 196, for the 2007- 2008 school year, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Letter of Understanding with Dakota County Community Development Agency (CDA) for administration of the Federal Community Development Block Grant (CDBG) Program, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with the Dakota County and the Cities of Eagan and Rosemount for Storm Drainage Improvements as attached to the Public Works Director’s memo dated August 23, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of financial guarantee for Centex Homes from $232,663.00 to $25,000.00, as listed in the Community Development Department Assistant’s memo dated August 23, 2007. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the purchase of a BullEx Fire Extinguisher Trainer from the proceeds of the sale of Unit #4984. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a wetland buffer zone variance to allow dumping of sand in a 30-foot wide location on Lot 1, Block 1, Brynn Addition (4827 Dominica Way). Ayes - 5 - Nays - 0. Resolution No. 2007-156 MOTION: of Goodwin, seconded by Bergman, adopting approving plans and specifications for Treated Road Salt; and authorizing advertising for receipt of bids, at 2:00 p.m., on September 20, 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-157 MOTION: of Goodwin, seconded by Bergman, adopting rejecting bids for the Bi-Directional Articulating Tractor and Snow Blower Lease to Purchase. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Agreement for Dump Pad Asphalt Installation with Bituminous Roadways, Inc., in the amount of $30,150.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Page 3 MOTION: of Goodwin, seconded by Bergman, accepting Grano Nora Flooring at Hayes Park Arena, as final and authorizing final payment on the contract with Becker Arena Products, in the amount of $20,040.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 06-331, Southeast Trunk Water Main, as final and authorizing final payment on the contract with Enebak Construction, in the amount of $0.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the paid on call, part-time, and seasonal employees, and approving the resignation as listed in the Personnel Report dated August 23, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FIREFIGHTERS' RELIEF ASSOCIATION BOOYA FUND RAISER Mr. Stew Shepherd, President of the Apple Valley Firefighters’ Relief Association, described activities planned for the Firefighters' Relief Association 29th annual "Booya" fund raiser on September 15, 2007, at Fire Station No. 1. Everyone is invited to attend. The event starts at 11:00 a.m. Activities such as bingo, silent auction, kids’ games, and games of chance continue throughout the day. Raffle tickets are available in advance from all firefighters. RING-AROUND-THE-ARTS FESTIVAL Parks and Recreation Director Johnson and Ms. Julie Burns, Ring-Around-The-Arts Chair, were present and described activities planned for the 15th annual Ring-Around-The-Arts Festival on September 15 and 16, 2007. The Festival, which includes professional artists, performing artists, youth activities, and music, will be held in the parking lot at the Municipal Center in conjunction with the farmers market. They thanked the sponsors and the City for supporting the Festival. Ms. Kristen Haynes said she is organizing a “Walk in the Park” on September 15, 2007. Registration begins at 8:00 a.m. at the Aquatic Center. The $5.00 fee includes lunch and dinner. The event begins at 9:00 a.m. and will include a walk through the Ring-Around-The Arts as well as other stops. The event ends at 9:00 p.m. MOTION: of Grendahl, seconded by Goodwin, approving of Ring-Around-The-Arts Festival activities at the Municipal Center parking lot as described in the Parks and Recreation Director’s and Recreation Supervisor’s memo dated August 20, 2007. Ayes - 5 - Nays - 0. STAPLES STORE BUILDING PERMIT Mr. Lovelace reviewed the Planning Commission’s recommendation on construction of a 20,389 square foot Staples store at the intersection of Flanders Path and Florence Trail in the Fischer CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Page 4 Market Place development. The petitioner is proposing to relocate an internal access drive which is shared with the lot to the east. The petitioner will need to provide the City with verification that the owner of the lot to the east has no objection to the relocation. Mr. Lovelace said the petitioner has been very responsive to concerns identified by staff. There are no issues with the storm or sanitary sewer, but there is a concern regarding access to the water main. As a result, staff is recommending condition 13 of the draft resolution be revised by striking the second sentence. Condition 13 will state in its entirety “An agreement between the City and the property owner shall be executed prior to issuance of a building permit that will provide City access to the existing water main service on the site for maintenance purposes”. Mr. Lovelace spoke with the developer earlier in the week and he indicated he was in the process of drafting this agreement. Mr. Lovelace then reviewed the elevation drawings. Materials will be similar to other buildings in the development. MOTION: of Goodwin, seconded by Erickson, amending condition 13 and adopting Resolution No. 2007-158 approving the site plan and authorizing issuance of a building permit for construction of a 20,389 square foot Staples store on Lot 1, Block 1, Fischer Market Place 8th Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. BUSINESS PARK ZONING DISTRICT AMENDMENT Mr. Lovelace reviewed the proposed amendment to the “BP” (Business Park) district of the zoning chapter of the Code of Ordinances. The amendment would allow pet spa or pet daycare operations as a permitted use and outdoor animal relief areas as a conditional use. The amendment was requested by EFH Company, owners of the Pilot Flex Center, because it has a potential renter who would like to lease space for a pet spa/daycare operation, and pet spas/daycares are currently not allowed in a “BP” zoning district. Councilmember Bergman questioned whether the requirements for this pet spa/daycare would be consistent with those for the existing pet daycare. Mr. Lovelace said they are consistent. Mayor Hamann-Roland called the public hearing to order, at 8:25 p.m., to consider amending Sections 155.231 and 155.232 of the City Code to allow pet spas and daycares as permitted uses and outdoor bathroom areas as conditional uses in a “BP” (Business Park) zoning district. The Mayor asked for questions or comments from the Council and the public. Ms. Carey Edwards and Nicole Lushine, owners of Dog Day Getaway, 6950 146th Street W., Suite 128, were present. Ms. Lushine asked if the proposed pet business would have stipulations placed on it similar to those placed on Dog Day Getaway. In particular, she questioned whether it will be a daycare or if it will be allowed to be a kennel. She said their business had limitations put on it as to the number of dogs it could keep over night and was dog and breed specific. She also CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Page 5 asked for clarification as to what consisted of an animal run versus an outdoor play area. The proposed business is advertising outside play areas and play yards. She asked if restrictions would be placed on those areas. Ms. Lushine said they regularly receive inquiries from people who would like them to care for other animals in addition to their dogs, but they are unable to do so. In addition, they are limited to the number of dogs they may board. Their business is classified as a daycare operation. The size of the outside relief area for Dog Day Getaway was restricted so there is not sufficient room for the dogs to run and play outside. When they looked at expanding this area, it would have changed their classification from a daycare to a kennel. It is her understanding a kennel is not allowed. She noted the proposed pet business is in very close proximity to their business. They are concerned the proposed business is going to be able to do things they were restricted from doing, which makes it difficult for them to compete. She has a flier the proposed business distributed advertising things which were not permitted for her business. Councilmember Grendahl asked if the owners of Dog Day Getaway presented these concerns to the Planning Commission. Ms. Lushine said after seeing the Planning Commission meeting on the website she contacted Kathy Bodmer. Ms. Edwards and she later met with Ms. Bodmer and Mr. Lovelace to share their concerns and give them a copy of the flier. Mayor Hamann-Roland asked Mr. Lovelace to respond to the questions. Mr. Lovelace said the ordinance does not allow for any outdoor runs or play areas. Ms. Lushine spoke of the differences between a daycare and a kennel. She said a condition was put on her business regarding the number of dogs which could be boarded. She asked if the proposed operation will have a similar restriction. Mr. Lovelace responded that the ordinance states that daycares and pet spas would be allowed, which are daily operations and not over night operations. The proposed ordinance would not allow a kennel in this area. Councilmember Bergman commented on an earlier remark regarding Dog Day Getaway being limited specifically to dogs. He said he does not see a need to expand on the types of animals which can be cared for. He believes both businesses should have the same guidelines. Mr. Lovelace said he spoke with Ms. Bodmer about services being limited to dogs. It is his understanding that at the time Dog Day Getaway was reviewed by the City Council it was determined the use was similar to an animal hospital. A variety of animals go to animal hospitals. In that same vein, it would be expected that a variety of domesticated animals may take advantage of a pet spa/daycare. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Page 6 Mayor Hamann-Roland asked if that meant Dog Day Getaway could provide daycare for animals other than dogs. Mr. Lovelace said based on his discussions with Ms. Bodmer, he believes that was the Council’s conclusion. Councilmember Erickson said it is important both facilities have the same rules. He does not think the Council can do anything about false advertising. Mr. Lovelace said he told Mr. Mike Whalen, of EFH Company, of the ad he had seen for the new pet business and asked him to convey to this potential tenant that the information about the outdoor play area on the ad was not correct. Councilmember Goodwin said there are two issues. The Council can look at the equity issue, but he is doubtful it can address the marketing issue. He asked Ms. Edwards and Ms. Lushine if they felt their questions regarding equity were answered. Ms. Edwards said she assumes the new business will not have cats if it is going to operate as a daycare, because cats do not go to daycares. Ms. Lushine stated people do not take cats in to run around and play with dogs. Cats do not need to burn off energy. Ms. Edwards said cats simply get boarded. If the proposed business is going to board cats, she asked if Dog Day Getaway would be permitted to expand by operating a cattery next to their current space. Ms. Lushine added that cats do not socialize and would not be happy amongst dogs. Mr. Lovelace added that the pet spa portion of the proposed facility may include grooming and that may be one of the components that would include cats and other animals. Ms. Lushine said she believes the proposed business does offer a shear and clip service. Ms. Edwards noted the proposed business is advertising a cattery in its flier. Mr. Lovelace said that is not what the ordinance would allow. He then suggested the hearing be closed and action on the ordinance be postponed so that staff may speak with the property owner and potential tenant. Mr. Mike Whalen, of EFH Company, said he would be more than satisfied with whatever conditions were imposed on the existing pet business. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Page 7 Mr. Matt Virtue, of Pampered Pet Spa, apologized for the miswording in the flier. He said they were scrambling to get the flier printed prior to the dog event and did not have time to proof the final copy. Mr. Lovelace said he will sit down with Mr. Virtue to make sure he is aware of what can and cannot be done in this zoning district. The Mayor asked for additional questions or comments. Hearing no more, the hearing was declared closed at 8:46 p.m. MOTION: of Bergman, seconded by Goodwin, tabling consideration of an ordinance amending Sections 155.231 and 155.232 of the City Code to allow pet spas and daycares as permitted uses and outdoor bathroom areas as conditional uses to September 13, 2007. Ayes - 5 - Nays - 0. ORDINANCE AMENDING SPECIAL FIRE PROTECTION SYSTEMS Fire Marshal Kingsley gave the second 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 50 percent or more of its current size. Ordinance No. 820 MOTION: of Erickson, seconded by Goodwin, passing amending Section 150.01(B) of the City Code by adopting Chapter 1306, Special Fire Protection Systems, of the 2007 State Building Code, and selecting subpart 3. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland said the City received a letter from Minneapolis Mayor R. T. Rybak thanking Apple Valley for its support following the I-35W bridge collapse. She said it is another fine example of ways cities work together to help one another. 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 August 20, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 2007 Page 8 CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated August 15, 2007, in the amount of $2,041,411.84; and August 22, 2007, in the amount of $2,850,905.81. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:50 o’clock p.m.