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HomeMy WebLinkAbout03/25/2004CITY OF APPLE VALLEY Dakota County, Minnesota March 25 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 25 th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hama nn - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant Planner Bodmer, Assistant Planner Dykes , Assistant Engineer Fick, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, 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 Bergman , approving the agenda for tonight’s meeting as amende d . Ayes - 5 - N ays - 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl , seconded by Goodwin , approving all items on the consent agenda with no exceptions ; noting that Hamann - Roland was abstaining on approval of hiring seasonal employees . Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl , seconded by Goodwin , approving the minutes of the regu lar meeting of March 11 th, 200 4 , as written. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 66 MOTION: of Grendahl , seconded by Goodwin , adopting accepting, with thanks, the donation of a 1989 Nissan truck from Kevin N. Schultz, 15348 Dunbar Avenue , for use by the Fire Department in training . Ayes - 5 - Nays - 0. Resolution No. 2004 - 6 7 MOTION: of Grendahl , seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 2 Board, to St. Hubert Catholic Community for use on June 6 , 2004, at Apple Valley Ford, 7200 West 150th Street , and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No 2004 - 68 MOTION: of Grendahl , seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m. , on May 13, 2004, on the application for On - Sale and Sunday Liquor License s by Water’s Edge Restaurant, LLC, d/b/a Enjoy!, at 1 5 4 3 5 Founders Lane . Ayes - 5 - Nays - 0. Resolution No. 2004 - 69 MOTION: of Grendahl , seconded by Goodwin, a dopting amending el ection precincts in the City by establishing a new Precinct 16, for the part of Precinct 14 lying east of Foliage Avenue, with a polling place at the Apple Valley Municipal Center . Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin, a pproving the 2003 Community Landfill Abatement Annual Report , as attached to the Community Development Director’s memo dated March 22, 2004; and authorizing its submittal to Dakota County and authorizing rebate of unexpended funds, in the amount of $12,349.00, to D akota County . Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin , receiving the 2003 Fire Department Annual Report . Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin , a pproving the Agreement with Sharden Productions, Inc., for vi deo program and production services as attached to the Assistant to the City Administrator’s memo dated March 25, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin , a uthorizing the expenditure of $6,000.00 in annual funding for support of the Apple Valley Chamber of Commerce as requested in the Community Development Director’s memo dated March 22, 2004 . Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving ac quisition of a Ponding and Drainage Easement on part of Lot 8, Block 2, Palomino Hills, in connection with Project 02 - 233; and authorizing payment of $2,800.00 to Thomas L. Sampers, as attached to the City Engineer’s memo dated March 15, 2004. Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin, a pproving a setback variance to allow a retail building constructed to within 99 feet of the front lot line on Lot 2, Block 1, Walmart’s 1st Addition (7875 West 150th Street), as recommended by the Plann ing Commission . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 3 MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Metal Fence Section Fabrication with Dakota Fence of Minnesota, Inc., in an amount not to exceed $27,351.00, as attached to the Street Superintenden t’s memo dated March 25, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin , approving an Agreement for Painting New Steel Fence Sections with Budget Sandblasting & Painting, Inc ., in an amount not to exceed $2 4 , 570 .00, as attached to the Street Superintendent ’s memo dated March 25 , 200 4 , and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin , approving an Agreeme nt for Reconditioning Fence Post Support s with Budget Sandblasting & Painting, Inc., in an amount not to exceed $ 9 , 5 00.00, as attached to the Street Superintendent ’s memo dated March 25 , 200 4 , and authorizing the Mayor and City Clerk to sign the same. Aye s - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin , approving an Agreement for Reconditioning Ring Route Light Poles with Budget Sandblasting & Painting, Inc., in an amount not to exceed $ 11 , 0 00.00, as attached to the Street Superintendent ’s memo dated March 25 , 200 4 , and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Decorative Concrete Sealing Services with Budget Sandblasting & Painting, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent’s memo dated March 25, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Sod Replacement Services with Quality Restoration Services, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent’s memo dated March 25, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Cemetery Mowing and Trimming Services with Southside Lawn and Snow, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent’s memo dated March 25, 2004, and a uthorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 4 Resolution No. 200 4 - 70 MOTION: of Grendahl , seconded by Goodwin , adopting removing parking restrictions on the west side of Hayes Road between 145th Street and Haven Drive and ord ering removal of “No Parking” signs . Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin , a pproving a n Agreement with Top Line Construction & Roofing, LLC, for re - siding and painting Delaney and Hagemeister Park Shelter Buildings , in an amount not to exceed $25,030.00, as attached to the Park Maintenance Superintendent’s memo dated March 22, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin , a pproving a Contract with the City of Rosemount for Use of the Fire Safety House on March 27, 2004 , as attached to the Fire Chief ’s memo dated March 22 , 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 71 MOTION: of Grendahl, seconded by Goodwin, adopting supporting continued local input into the regional public safety radio communication system and supporting legislation to extend the life of the Metropolitan Radio Board. Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin, approving a title change for the position of Assistant Planner to Associate Planner, effective immediately, as listed in the Personnel Report dated March 25 , 2004. Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin , approving hiri ng the part - time and seasonal employees as listed in the Personnel Report and Addendum dated March 25 , 200 4 . Ayes - 4 - Nays - 0 (Hamann - Roland Abstained) . END OF CONSENT AGENDA LEGACY OF APPLE VALLEY 4TH ADDITION & DAY CARE Ms. Dykes reviewed the Plann ing Commission recommendation on The Legacy of Apple Valley 4th Addition final plat, a replat of Lot 1, Block 1, The Legacy of Apple Valley 2nd Addition. The 5.89 - acre site southeast of Founders Lane and Galaxie is being divided into two lots. Lot 1 is t he Tuscany Apartments site and Lot 2 is proposed for a 14,000 square - foot daycare center. The daycare center will be a two - story building on the north and south ends with a 2,700 square - foot rooftop play over the one and one - half story middle section. It will share site access and parking with Tuscany Apartments and Lebanon Valley Apartments. She reviewed exterior elevations of the building and noted the exterior will be stucco . CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 5 Councilmember Bergman if there is a height requirement for the fence/railin g on the rooftop play area. Ms. Dykes said there is not a requirement but the plans show a four and one - half - foot high railing that might also be higher . Bill Griffith, representing the developer, said they had an issue with a paragraph in the Developmen t Agreement concerning vacation of the subdivis ion if the use is not built on the site within two years. Mr. Dougherty said the draft Agreement was amended and paragraph 10 now reflects a $5,000 cash payment to cover costs instead. Resolution No. 2004 - 7 2 MOTION: of Erickson , s econded by Goodwin, adopti ng a pproving the final plat and Development Agreement for The Legacy of Apple Valley 4th Addition, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 73 MOTION: of Bergman, second ed by Grendahl, adopting approving a Conditional Use Permit to allow construction of a daycare facility on Lot 2, Block 1, The Legacy of Apple Valley 4th Addition, with conditions as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Resolution No. 2004 - 74 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for a 14,000 square - foot daycare facility, subject to compliance with City and State Codes, on Lot 2 , Block 1, The Legacy of Apple Valley 4th Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ANIMAL DAYCARE USE DETERMINATION Ms. Bodmer reviewed her memo dated March 22, 2004 , requesting a zoning use interpretatio n on an animal or dog daycare business. Dog Day Getaway is proposing to locate in Apple Valley Business Center, 6950 West 146th Street, Suite 128, which is in Planned Development No. 409. The planned development provides for a mix of uses and allows anim al hospitals or clinics, contained within a building, as a permitted use. The Zoning Code has no provision for a dog daycare, thus, an interpretation is needed. Carey Edwards and Nicole Lushine, who propose to operate the business, were present to descri be it . They will offer cage - free dog care on a day - to - day basis, grooming, training, and other services; and limited overnight care similar to an animal hospital or clinic . They will not have outdoor runs or provide long - term boarding. Councilmember Gre ndahl asked what would determine t he amount of overnight stays allowed. Ms. Bodmer said if that started to become the primary focus of the business, it would probably be viewed as a kennel and would have to come back to the Council. She suggested it be r estricted to a percentage of the number of dogs kept during the day. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 6 Councilmember Goodwin asked what business is next door. Ms. Edwards and Ms. Lushine said it is a satellite communications business with basically warehouse space at that end of the buil ding. The common wall will be sound - proofed. Resolution No. 2004 - 75 MOTION: of Erickson, seconded by Bergman, adopting finding that a dog daycare business is similar to uses permitted in Planned Development No. 409; no outdoor facilities are permitted ex cept by conditional use permit; overnight keeping of animals is allowed on a limited basis and shall not exceed 35% of the number of dogs kept during the day; and sound proofing and sanitation conditions must be maintained . Ayes - 5 - Nays - 0. PROJECT 9 8 - 417, PALOMINO DRIVE RECONSTRUCTION Mr. Gordon reviewed plans for Project 98 - 417, Palomino Drive Reconstruction Between Garden View Drive and Pennock Avenue , revised from those presented March 11, 2004, and described in the Public Works Dire c tor ’ s memo d ated March 25, 2004. All medians have been eliminated, there will be turn lanes at Pennock Avenue only, and the three - lane design has been eliminated. It will be constructed as a 44 - foot wide street , 38 feet wide at the frontage road, with curb and gutte r. It will have two 12 - foot wide driving l a ne s and two 10 - foot wide parking/disabl ed vehicle lanes . Parking will be allowed on both sides of the entire street except at the Pennock intersection and the frontage road. There was not a consensus of the pro perty owners on removing the frontage road so it is proposed to be reconstructed to a 24 - foot width. Pathway will be completed along both sides of the street. Because state aid funds will be used, certain construction standards are required. Without cur b and gutter, the pathway needs to be 23 feet from the driving lane and on the same level as the driving surface. If the pathway is lower than the driving surface, it needs to be 33 feet from the driving lane. Either of these options would intrude into a djoining properties. With curb and gutter, the pathway can be closer to the street and trees can be planted in the boulevard. The project would start in late May with an October 15th completion date. It is proposed to include a $2,000 per day penalty in to the contract as well as an incentive for early completion. Councilmember Goodwin said now that he is aware of the pathway separation issue, he would support installing c urb and gutter and asked how that affects the existing pathway. Mr. Gordon said th e standards changed in 1996 and when a road is being reconstructed, the pathway has to be upgraded also . Councilmember Bergman said he supports installation of boulevard trees and asked what is recommended. Mr. Gordon said the y are eligible for state aid fund ing and would probably be two - inch trees . If they are spaced about one every 100 feet, the cost is about $40,000. The Natural Resources Coordinator shoul d be in volved in recommending the type of trees . CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 7 Valerie Thoennes, 283 Palomino Drive, said the uniqueness of the road has previously been discussed along with preserving the beauty of the area. This proposal takes that into account and she supports the recommendation. She thanked the neighborhood for participating in the process and the Council a nd Staff for working with them. Margaret Minegar, 13125 Heritage Way, thanked the Council for listening and visiting their neighborhood and Mr. Fick, Mr. Heuer, and Mr. Van Wormer for working with them. She noted that traffic speed will continue to be a problem and showed a sample of a brochure she prepared with information on how MnDOT sets speed limits and how the neighborhood can have an impact. She intends to distribute it along with a pledge to drive the speed limit that she will be asking n eighbor s to sign. Councilmember Grendahl commended her for taking this initiative and wished her luck with the campaign. She noted that the speed limit on the west end of Palomino is signed incorrectly and will have to be corrected at some point. Councilmember Erickson referred to the City Attorney’s memo dated March 17, 2004, and noted the City does not have the ability to set speed limits . Carl (Bill) Ireland, 148 Shasta Court, agreed the plans presented are the best possible solution for the road. He asked that everything be done to make sure access is maintained during construction and asked if there are limits on hours of operation. Mr. Gordon said the City could allow longer hours to speed up construction, but that decision has not been made. The City C ode would all ow construction from 6:00 a.m. to 10:00 p.m. , but most contract work is not done that way on a daily basis . Keith Klingelhut, 8101 West 129th Street, said he was hoping for a 40 - foot wide street. He would like to see the Hamlet Avenue inters ection lowered as much as possible. The stone wall monuments at the intersection also obstruct drivers’ view of pedestrians on the pathway . Mr. Fick commented on reconstruction plans for the intersection reducing the elevated bank of the road. There is a limit as to how much it can be lowered because there are water lines under the road, but it should be about one and a half feet lower. Mary Jo DeLise, 13069 Herald Circle, thanked the Council for listening to their comments and said she is in favor of i nstalling boulevard trees. She a sked about parking on the street, whether the guardrail will still be installed on the north side, and what th e cost of the project is. Mr. Gordon said parking will not be prohibited o n t he street. Because curb and gutter is being installed, the guardrail will not be needed. The estimated cost of the project with boulevard trees is $1,060,0 00. Councilmember Bergman asked how the area between the pathway and property lines will be restored. Mr. Fick said this area is gen erally sodded, but they are considering hydroseeding . CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 8 Gary Bossey, 108 Belmont Road, said the pathway south of Hialeah floods and asked if that will be corrected. Mr. Fick said the pathway will be reconstructed and drainage improved. Norman Bixby, 271 P alomino Drive, said he has to back out of his driveway is concerned about seeing pedestrians on the pathway. He asked to have that taken into consideration in placement of boulevard trees . Don Jensen, 100 Cimarron Circle, expressed concern about traffic being routed on Cimarron during construction due to the number of children in the neighborhood. Butte Avenue is closed in the winter, but traffic on it in summer is a concern. Mr. Fick said the project will be done in two stages to assure access, but it is going to be an inconvenience for everyone. The neighborhood will have to work with the City on these issues. Robin Jensen, 100 Cimarron Circle, asked if it would be possible to keep Butte Avenue closed during the summer. Mr. Heuer said it does provid e access, but because of its grade, it is closed during the winter. He will ask the City’s Traffic Consultant to look at it . Perry Altendorfer, 236 Palomino Drive, asked what the speed limit is by the park. Mr. Fick said it is 35 miles per hour and is n ot intended to change. The City would have to request a study by MnDOT to change it, but the result might not be what the neighbors want. There will be a parking bay installed on the south side of the road by the park for about five vehicles. Mayor Hama nn - Roland thanked the neighborhood for working with the City and said the revised plans are a good compromise . Resolution No. 2004 - 7 6 MOTION: of Bergman , seconded by Erickson, adopting a pproving plans and specifications for Project 98 - 417, Palomino Drive Reconstruction Between Garden View Drive and Pennock Avenue, for a 44 - foot wide street with curb and gutter, pathway on both sides, and boulevard trees where appropriate; and authorizing advertising for receipt of bids, at 2:00 p.m., on May 6, 2004 . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Grendahl congratulated Oswaldo Jimbo, an Apple Valley resident and driver for Laidlaw Transit, who received a “Driver - of - the - Year” award from MVTA last night. Mayor Hamann - Roland reminded everyone that the Chamber of Commerce Home and Garden Expo is being held March 27, 2004, from 9:00 a.m. to 3:00 p.m., at the Western Service Center. The Council received a memo dated March 22 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 2004 Page 9 MOTIO N: of Bergman , seconded by Goodwin , to pay the claims and bills, check registers dated March 17 , 200 4 , in the amount of $ 3, 680,956.69 ; and March 24 , 200 4 , in the amount of $ 2,799,191.17 . Ayes - 5 - Nays - 0. MOTION: of G rendahl , seconded by Bergman , to a djourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9 : 25 o’clock p.m.