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HomeMy WebLinkAbout09/24/2009 CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 24, 2009, at 8:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, LaComb, Goodwin, and Grendahl. ABSENT: None. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Manson, Public Works Director Blomstrom, Associate City Planner Bodmer, Assistant City Administrator Grawe, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, Human Resources Manager Strauss, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:01 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scouts Joe Dolan and Jordan Millington from Troop 298. APPROVAL OF AGENDA MOTION: of Bergman, seconded by LaComb, 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 Bergman, seconded by LaComb, approving all items on the consent agenda with no exceptions. Ayes 5- Nays 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by LaComb, approving the minutes of the regular meeting of September 10, 2009, as written. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, adopting Resolution No. 2009-128 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County Voiture 1457, for use on October 23, 2009, and waiving any waiting period for State approval. Ayes 5- Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 2009 Page 2 MOTION: of Bergman, seconded by LaComb, approving issuance of a 2009 Christmas Tree Sales Lot license to Bill Brabec d/b/a Silver Bell Christmas Tree Farm, for use on Lot 2, Block 1, East Valley Plaza 3rd Addition (between Upper 141st and 140th Streets), as described in the City Clerk's memo dated September 21, 2009. Ayes 5-Nays-0. MOTION: of Bergman, seconded by LaComb, adopting Resolution No. 2009-129 restricting parking on west side of Safari Pass between Gantry Lane and 230 feet North of Galaxie Avenue, and ordering installation of the necessary signage. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, adopting Resolution No. 2009-130 approving Agreement accepting 2009 Energy Efficiency and Conservation Block Grant in the amount of $441,500.00. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, authorizing submittal of Metro Clean Energy Resource Teams (CERTs) Network application and approving role as Affiliate Group. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, authorizing Cost Participation with Dakota County for final design of streetscape improvements along Cedar Avenue in the amount of $39,907.00, utilizing funds from TIF District No. 7. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, approving Wetland Delineation for Cedar Avenue BRT, Apple Valley Ponds KL-P4, WVR-P46, and WVR-P48. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, approving the release of financial guarantee for Cedar Knolls 2nd Addition as listed in the Community Development Department Assistant's memo dated September 24, 2009. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, adopting Resolution No. 2009-131 approving Minnesota Water Agency Response Network Mutual Aid Agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, approving participation with LOGIS in the acquisition of the Motorola Public Safety Software System, for implementation in 2010-201 l, as described in the City Administrator's memo dated September 21, 2009. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, approving the Easement Settlement Agreement with David M. Solner and Corrine M. Solner for emergency repairs to sanitary CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 2009 Page 3 sewer collection system, as attached to the Public Works Director's memo dated September 17, 2009. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Dave Perkins Contracting, Inc., for AV Project 2009-111, Long Lake Draw Down Pipe, resulting in no change to the contract amount. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, accepting 2009 Reconditioning of Hydrants as complete and authorizing final payment on the agreement with Champion Coatings, Inc., in the amount of $17,100.00. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, accepting Project 07-355, Sunset Park, Long Lake Park, and Pennock Shores Storm Water Improvements as complete and authorizing final payment on the contract with Imperial Developers, Inc., in the amount of $16,426.75. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, accepting 2009 Reconditioning of Decorative Light Poles as complete and authorizing final payment on the agreement with Top Coat Painting Service, in the amount of $13,230.00. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, adopting Resolution 2009-132 approving the City's contributions towards employee health/dental/life insurances for benefit- eligible non-union employees and elected officials covered by the Pay and Benefit Plan effective January 1, 2010, as described in the Human Resources Manager's memo dated September 21, 2009. Ayes 5- Nays 0. MOTION: of Bergman, seconded by LaComb, approving hiring the part-time and seasonal employees listed in the Personnel Report dated September 24, 2009. Ayes 5- Nays 0. END OF CONSENT AGENDA PROCLAIM FIRE PREVENTION WEEK Fire Chief Thompson read the proclamation proclaiming Fire Prevention Week. MOTION: of Grendahl, seconded by Goodwin, proclaiming October 4-10, 2009, as "Fire Prevention Week" in support of the Fire Department's public safety efforts and urging all citizens to install smoke alarms and carbon monoxide detectors, and to plan and practice fire drills. Ayes 5- Nays 0. Fire Chief Thompson then reviewed activities the Fire Department will be conducting during the week of October 4th at elementary schools in the City. The 2009 theme for Fire Prevention Week is "Stay Fire Smart! Don't Get Burned". Public open houses will be held, from 6:00 to 9:00 p.m., CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 2009 Page 4 at Fire Station No. 1 on October 6, at Fire Station No. 2 on October 7, and at Fire Station No. 3 on October 8, 2009, and everyone is invited. Mayor Hamann-Roland commented about how excited the children are to participate in the various events and thanked the Fire Department for their efforts in coordinating these events. FISCHER SAND AGGREGATE PARTIAL RELEASE OF CUP Mr. Lovelace reviewed the request by Fischer Sand Aggregate to release approximately 122 acres located south of County Road 42 and east of Pilot Knob Road from terms, conditions, and requirements set forth in a sand and gravel mining Conditional Use Permit. He said the City Attorney has been working with Fischer's representatives and Mr. Sedley on the partial release document, and noted the conditions have been revised. He then reviewed the partial release conditions, as revised. Councilmember Bergman questioned why the conditions prohibit pulverizing of black dirt on the property. Mr. Lovelace said it is prohibited because it can create a lot of dust. In addition, the City would like the dirt to remain on the site and to be spread over the property when it is developed. Staff is recommending approval of the partial release document. MOTION: of Goodwin, seconded by Grendahl, approving the Partial Release document, with revised conditions, releasing 122 acres from the Fischer Sand Aggregate Conditional Use Permit, Document No. 251888, recorded May 23, 2007, and directing the Mayor and City Clerk to sign the same. Ayes 5- Nays 0. SOUTH METRO JAZZERCISE 14791 ENERGY WAY Ms. Bodmer reviewed the request by Tom and Linda Isaacs for a Conditional Use Permit to operate a commercial recreational business in a"BP" (Business Park) zoning district. South Metro Jazzercise is proposing to lease a 3,000 square foot space in the Pilot Flex Center, located at 14791 Energy Way. The business would be located on Lot 2. The building on Lot 1 is not yet constructed. The Knob Ridge Town Office development is located on Lot 3. Parking is installed on all three lots and all three lots they have shared access and shared parking agreements. She noted this type of use typically has a higher parking demand than an office or industrial use. A parking calculation was completed and the site meets the requirements of the City Code. However, staff had concerns regarding parking and ran a second, more stringent, calculation. If the business would reach maximum capacity of participants, there would be a shortage of parking. After reviewing the development agreement and other documents for the property, staff learned there are proof of parking spaces within the development and cross-parking easements in place. Ms. Bodmer stated that they should more than make up for any shortfall even when calculating parking in the most stringent way. There is not full cross parking available between Lots 2 and 3. When the Planning Commission reviewed this item, they suggested new cross parking and proof- CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 2009 Page 5 of-parking agreements be executed. That suggestion has been incorporated as a condition of the Conditional Use Permit. Councilmember Bergman questioned why all the information was not gathered before bringing this item to Council. Ms. Bodmer said the documents were executed when the development was approved in 2006. The condition in the Conditional Use Permit will ensure everything is in place so there are no questions in the future. She added that the condition provides an abundance of caution. Councilmember Bergman asked if there are still questions regarding shortage of parking. Ms. Bodmer responded that the condition satisfies staff's concerns. She stated staff has been working closely with the City Attorney on this item and that the City Attorney has reviewed the existing documents. Ms. Hills stated Lot 3 can park on Lot 2, but Lot 2 cannot park on Lot 3. One of the conditions of the Conditional Use Permit is for Lot 2 to have a cross-parking agreement on Lot 3. Councilmember Bergman asked why staff did not ask the various parties to work this out before it came to Council. He said he does not have a problem with the business; he just wants to make sure there are not parking problems down the road. He asked if it would be possible to execute the agreements and bring the item back to Council in two weeks. Mr. Mike Whalen, of EFH, said he is one of the owners of Lots 1 and 2. The proof of parking is between Lots 1 and 2. With no building or uses on Lot 1, there is more than enough parking within those two lots. With the current economy, he does not envision building on Lot 1 for a year or two, unless something comes along. He believes the parking is more than adequate to meet the City's concerns. Ms. Bodmer then reviewed the floor plan. No changes are being proposed to the exterior of the building. The Planning Commission held a public hearing on September 2, 2009. There were no comments. On September 16, 2009, the Planning Commission voted unanimously to recommend approval of the Conditional Use Permit with conditions. Mayor Hamann-Roland asked if there will be insulation or sound proofing in the walls so the music will not disturb the other businesses. Mr. Whalen said the space will be insulated. MOTION: of Goodwin, seconded by LaComb, adopting Resolution No. 2009-133 approving a Conditional Use Permit to operate a 3,000 square foot commercial recreational use in a"BP" (Business Park) zoning district on Lot 2, Block 1, Knob Ridge 2nd CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 2009 Page 6 Addition (14791 Energy Way), with conditions as recommended by the Planning Commission. Ayes 5- Nays 0. Mayor Hamann-Roland asked if the applicant grew out of the space at the Community Center. Mr. Isaacs responded that in order to be more competitive they felt they needed a center. In addition, they wanted an aerobics floor and the proper sound equipment. CANCELLATION OF OCTOBER 8 2009 INFORMAL MEETING Mr. Lawell pointed out a scheduling conflict with the 6:00 p.m. informal City Council meeting on October 8, 2009, and recommended the informal meeting be canceled. He noted the regular City Council meeting which begins at 8:00 p.m. is still scheduled to proceed. MOTION: of Grendahl, seconded by Bergman, canceling the October 8, 2009, informal City Council meeting, scheduled for 6:00 p.m., at the Municipal Center. Ayes 5- Nays -0. COUNCIL COMMUNICATION Mayor Hamann-Roland asked the Public Works Director to provide an update on the road construction in the Central Village and the Assistant City Administrator to provide an update on the Better Energy (Be) workshops. Mr. Blomstrom described the Village at Founders Circle reconstruction project which started this summer as well as provided a brief history on the project. The contractor is proceeding on schedule. The next three weeks will be a bit more challenging, but the roads will remain open. There will be one day of inconvenience during which they will try to coordinate the wear course or final lift of the pavement. More information will be provided as that date gets closer. Mayor Hamann-Roland noted Dunn Bros. is having its grand opening the next two days and questioned if the road will be open in order to access their business. Mr. Blomstrom said the road will be open. Mr. Grawe presented an update on the Better Energy (Be) workshops which will be held on October 8 and 10, 2009. Residents are encouraged to visit the City website and complete two forms which will allow them to register at the workshop for their home visit. He then presented information on the City's Fall Clean Up Day which is this Saturday, September 26, 2009, from 8:00 a.m. to 1:00 p.m., at the Central Maintenance Facility. He noted the longest lines are at 8:00 a.m. and encouraged residents to stop in throughout the morning. Councilmember LaComb thanked everyone involved for the wonderful booya event. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 2009 Page 7 Fire Chief Thompson said last Saturday the Apple Valley Firefighters Relief Association held its annual booya. Although the booya did not sell out, it was still a successful event. He thanked the community for coming out to support them. He noted the profits go back to the Firefighters Relief Association. Mayor Hamann-Roland thanked the business community for their support as well. Fire Chief Thompson echoed that comment. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk's memo dated September 21, 2009, 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 Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated September 16, 2009, in the amount of $813,059.10; and September 23, 2009, in the amount of $945,56791. Ayes 5- Nays 0. MOTION: of Grendahl, seconded by LaComb, to adjourn. Ayes 5- Nays 0. The meeting was adjourned at 8:45 o'clock p.m. Respectfully Submitted, �vrnaa.l�'- Ga.cJeo�� Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on I O- $-C?�