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HomeMy WebLinkAbout05/27/2010 CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 27th, 2010, at 8:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - Roland; Councilmembers Bergman, Grendahl, and LaComb. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Public Works Director Blomstrom, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Human Resources Manager Pearson, Police Captain Rechtzigel, 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 to the flag. APPROVAL OF AGENDA MOTION: of LaComb, seconded by Bergman, adding items 4.B.5 — Adopt Resolution Accepting $5,700.00 from Apple Valley Arts Foundation Towards Purchase of Canopy Structure at Kelley Park and 4.0 — Adopt Resolution Approving Temporary Nighttime Hauling Hours for Fischer Sand & Aggregate, LLP, and approving the agenda for tonight's meeting, as amended. Ayes - 4 - 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. Jeff Milbauer, of Valley Bike & Ski, invited everyone to the bike friendly Apple Valley Community Ride 2010 on June 13, 2010, from 2:00 to 4:00 p.m. beginning at the Apple Valley Aquatic Center. People can register for the event on their website at valleybikeandski.com. The cost is $2.00 per person or $5.00 per family. He then thanked the sponsors of this event. 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. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Bergman, approving the minutes of the special meeting of May 11, 2010, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Page 2 MOTION: of LaComb, seconded by Bergman, approving the minutes of the regular meeting of May 13, 2010, as written. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -111 accepting, with thanks, the donation of $25.00 from Patricia Hannon for the Lebanon Cemetery Beautification Fund. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -112 accepting, with thanks, the donation of $50.00 from John and Ardell Vanderaarde for use by the Fire Department. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -113 accepting, with thanks, the donation of $5,000.00 from the Dakota Victim Offender Panel for use by the Police Department. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -114 accepting, with thanks, the donation of fencing material from Home Depot for use at Kelley Park. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -115 accepting, with thanks, the donation of $5,700.00 from Apple Valley Arts Foundation towards purchase of a canopy structure at Kelley Park. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -116 establishing parking restrictions on or near the parade route for the July 4, 2010, Apple Valley Freedom Days parade, beginning at 6:00 p.m. July 3, 2010, and ending at 4:00 p.m. on July 4, 2010. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -117 restricting parking along the west side of Embry Path, extending 750 feet north of 155th Street W., and ordering installation of the necessary signage. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the License Agreement with St. Paul Growers Association for a Farmers Market in the Municipal Center Parking Lot on Saturdays from June 19, 2010, through October 30, 2010, from 8:00 a.m. to 1:00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes - 4- Nays - 0. MOTION: of LaComb, seconded by Bergman, approving release of financial guarantee for Prairie Crossing 2nd Addition, CVS Pharmacy, as listed in the Community Development Department Assistant's memo dated May 27, 2010. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Page 3 MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -118 approving a 7 -foot height variance to allow replacement of existing accessory building on Lots 22 and 23, White Oak Ridge Addition, (5230 132nd Street W.), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -119 approving the site plan and authorizing issuance of a building permit for construction of a fenced outdoor play area on Lot 2, Block 1, Apple Valley Business Center (6950 146th Street W., Suite 116), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -120 rejecting bids for AV Project 2010 -102, Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and Decorative Light Poles. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -121 approving plans and specifications for AV Project 2010 -102, Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and Decorative Light Poles; and authorizing advertising for receipt of bids, at 2:00 p.m., on June 24, 2010. Ayes - 4- Nays -0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for AV Project 2010 -107, LED Street Light Pilot Project, with LPD Electric, Inc., in the amount of $38,660.22, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4- Nays -0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for AV Project 2010 -110, 2010 Concrete Removal and Replacement Services, with Ron Kassa Construction, Inc., in the amount of $16,216.50, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for Pennock Tennis Court Repair and Resurfacing, with Upper Midwest Athletic Construction, in the amount of $24,300.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -4- Nays -0. MOTION: of LaComb, seconded by Bergman, accepting Senior Center Project # 1271 — Fixed Audience Seating as complete and authorizing final payment on the agreement with Hufcor Minnesota, LLC, in the amount of $984.30. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Website Overhaul Project Phase 1 as complete and authorizing final payment on the agreement with Livefront, in the amount of $3,500.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Page 4 MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to the contract with Gen -Con Construction, for Redwood Pool Renovation, in the amount of an additional $6,383.00. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving hiring the seasonal employees and resignation of employee, as listed in the Personnel Report dated May 27, 2010. Ayes -4- Nays -0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2010 -122 approving nighttime hauling hours for Fischer Sand & Aggregate, LLP, and attaching conditions thereto. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA APPLE MUSIC FEST IN KELLY PARK Ms. Paula Christiansen and Ms. Lisa Bessler, representatives of the Apple Valley Arts Foundation, invited the Council and the public to the third annual "Music in Kelley Park at Stage One ". The event is sponsored by the Foundation, the City of Apple Valley, and several local businesses. Ms. Christiansen stated the free music events are scheduled from 6:00 to 9:00 p.m. on June 11 and 18; July 2, 9, 16, 23, and 30; and August 6 and 13; at Kelley Park. The public is encouraged to bring their families and lawn chairs and/or blankets. There will also be limited food and refreshments available for sale. She thanked the City Council for its support. Ms. Bessler read the resolution proclaiming "Music in Kelley Park at Stage One ". Mayor Hamann- Roland thanked the Apple Valley Arts Foundation for offering these fun, free events. MOTION: of Grendahl, seconded by LaComb, proclaiming June 11 and 18, 2010; July 2, 9, 16, 23, and 30, 2010; and August 6 and 13, 2010; from 6:00 to 9:00 p.m. as "Music in Kelley Park at Stage One" and encouraging citizens to support and attend these free music events. Ayes - 4 - Nays - 0. CENTERPOINT ENERGY 2010 COMMUNITY PARTNERSHIP GRANT Fire Chief Thompson stated the Fire Department recently applied for a CenterPoint Energy 2010 Community Partnership Grant to help fund 80 Channellock 6 -in -1 Rescue Tools. He described how the tool is used and the importance of equipping each firefighter with it. He then introduced Mr. Scott Lehner of CenterPoint Energy. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Page 5 Mr. Lehner described the grant program, announced the City of Apple Valley is a recipient of the 2010 Community Partnership Grant, and then presented the City with a check in the amount of $2,000.00. MOTION: of Bergman, seconded by Grendahl, approving acceptance of the CenterPoint Energy 2010 Community Partnership Grant, in the amount of $2,000.00, towards the purchase of 80 Channellock 6 -in -1 Rescue Tools for the Fire Department. Ayes -4- Nays -0. The Council thanked Mr. Lehner and CenterPoint Energy for their generous donation. 2010 LCDA DEVELOPMENT GRANT PRE- APPLICATIONS Ms. Dykes reviewed her memo regarding the 2010 Livable Communities Demonstration Account (LCDA) pre - applications. She also reviewed the Metropolitan Council's funding goals and requirements and noted, in order to qualify, projects must include a residential or commercial building component which would be constructed within 24 months. She described the eligible and ineligible grant uses and explained why certain ideas were rejected. Based on the criteria, staff identified two featured developments. The first development includes Cobblestone Square and Apple Valley East Family Townhomes, two affordable housing projects near Cobblestone Lake. The second development is Seasons at Apple Valley near the Apple Valley Transit Station. As required, the projects support the two featured developments. She then described the proposed projects as described in the grant pre - applications. She noted the grants may only be used for public infrastructure. The first pre - application is for the installation of sanitary sewer and water to the 157th Street Transit Station. The second application is for critical pedestrian connections to the Apple Valley Transit Station. Lastly, Ms. Dykes reviewed the grant timeline. Mayor Hamann- Roland commended Ms. Dykes for identifying all the connections in the pre - application. Councilmember Bergman commented about the passage way under Pilot Knob Road. He requested the walking area that leads to the 157th Street Transit Station be well lit and better defined. He would like it to be more than a mere asphalt path. Mayor Hamann -Roland said she would also like the pathway to feel friendly and connected. She suggested it include covered areas that would provide protection from the weather and a place to pause or stop. MOTION: of LaComb, seconded by Bergman, approving submittal of the Livable Communities Demonstration Account (LCDA) 2010 Development Grant Pre - Applications as attached to the Associate Planner's memo dated May 27, 2010. Ayes -4- Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Page 6 ORDINANCE AMENDING PLANNED DEVELOPMENT NO. 409 Mr. Lovelace gave the first reading of an ordinance amending Appendix F, Article 16, Section A16- 2(20)(c) of the City Code to add medical or dental office uses as permitted uses in Planned Development Designation No. 409. He noted the Code of Ordinances currently allows for limited business office uses but specifically restricts medical and dental office uses. The applicant indicates they have been approached by doctors, dentists, chiropractors, and so forth who have expressed interest in locating in the buildings within this designation. As a result, the applicant is requesting the provision restricting these uses be stricken from the Code. PD -409 also limits the amount of retail or limited business uses allowed and he reviewed the specific restrictions. Mr. Lovelace said the Planning Commission reviewed this item on December 16, 2009, and April 7, 2010, and held a public hearing on May 5, 2010. No comments were received at the public hearing. Councilmember Bergman expressed concern with changing the percentages of limited business uses from 35 percent to 50 percent simply because the economy is ripe for medical and dental uses. He said generally the Council does not want to lose industrial uses. He is concerned the mom and pop type operations may be lost if medical and dental uses are allowed. Mr. Lovelace clarified the ordinance does not change the percentage of limited business uses, only the type of uses that are permitted. The Planning Commission also discussed the potential loss of industrial uses on this site, but added there are other opportunities throughout the community for gaining additional industrial property. Councilmember Grendahl asked if part of the reason the applicant requested this amendment was due to the current vacancy rate in the building. Mr. Lovelace said yes. Councilmember Grendahl said she does not want to see empty spaces or have areas become blighted because there are no people in the buildings. She does not want to lose mom and pop businesses nor does she want to lose the rental base. Mr. Lovelace said the applicant has been approached for medical uses within this area. He further said the Apple Valley Medical Center contacted the City to inquire about the amendment. After the proposal was described to them, they did not indicate they had an issue with it. Mr. Mark Stevens, of Cassidy Turley Commercial Real Estate, said he represents the business owner at 14690 Galaxie Avenue. He distributed a handout to the Council with real estate data and key facts. He said they understand the Council's concern regarding loss of space for the light industrial user once that market turns around. He spoke about the tenants his client has lost. They believe that the location, across from the Apple Valley Medical Center, is key for other medical uses. These uses do not want to compete with the Medical Center but hope to attract supporting business or referral businesses. He reviewed the tenants currently looking to locate CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Page 7 within this area and explained why they are interested in this site. He then reviewed various statistics for Apple Valley industrial properties. He said that out of 335,000 square feet of industrial property in Apple Valley, just under 50,000 square feet, or 14 percent, is currently vacant. Although that is not as bad as some other communities, those numbers do not support building additional space. Typically, the vacancy rate for commercial real estate has to be at 5 to 7 percent to warrant the construction of additional space. He feels there is plenty of opportunity for light industrial users if and when that market bounces back. Councilmember Bergman noted there is a doggy daycare in that building. He is concerned the landlord may not want to renew its lease with that type of business over an opportunity to have a medical tenant. Mr. Stevens said tenants and landlords negotiate different rights in their lease agreements. Typically, there are rights to renew, terminate, expand, etc. Most often a landlord does not want to terminate a lease with a good tenant that is paying their bills because it is costly to retrofit the space for a new tenant. It would not make any sense, especially in this market. Even in a healthy landlord market, it is rare to see a landlord terminate a lease of a good tenant at the end of their term. Councilmember Grendahl said she usually needs a compelling reason to waive the second reading of an ordinance. However, if this owner has two tenants interested in leasing space, she may agree to waive the second reading because the Council's next meeting is not until June 17. Mr. Stevens said they currently have one tenant interested in leasing space at 14690 Galaxie Avenue. Councilmember Grendahl said she assumes doggy daycare is a good tenant and she cannot imagine the addition of the proposed uses would disturb the businesses that are already there. Mayor Hamann- Roland asked how the doggy daycare and medical uses would work together. Mr. Stevens responded that the building with the doggy daycare is full; the medical tenant that is interested in leasing space is interested in another building. In addition, his client believes that when considering the percentages restricting the limited business uses, the addition of medical and dental uses to this zoning designation is not going to have a negative impact on light industrial or other medical opportunities. Mr. Lovelace stated staff could not find any reason why medical and dental uses were prohibited in this zoning designation when they are allowed in all other limited business zoning districts in the City. Mayor Hamann -Roland said it sounds like the restriction no longer makes sense. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2010 Page 8 MOTION: of Grendahl, seconded by LaComb, waiving the procedure for a second reading and passing Ordinance No. 889 amending Appendix F, Article 16, Section A16- 2(20)(c) of the City Code to add medical or dental office uses as permitted used in Planned Development Designation No. 409; as recommended by the Planning Commission. Ayes - 3 - Nays - 1 (Bergman). COUNCIL COMMUNICATIONS Mayor Hamann- Roland and Police Chief Johnson commented about school ending for the summer, the fun and safe activities in which the kids can participate, and various safety tips for the Memorial Day holiday. Fire Chief Thompson spoke about the "Get Your Butt Outside" campaign and the importance of proper disposal of smoking materials. CALENDAR OF UPCOMING EVENTS MOTION: of LaComb, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk's memo dated May 24, 2010, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated May 19, 2010, in the amount of $1,419,417.73; and May 26, 2010, in the amount of $450,527.41. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:47 o'clock p.m. Respectfully Submitted, Pamela J. 1 ckstetter, City Clerk Approved by the Apple Valley City Council on (v -11-10