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HomeMy WebLinkAbout08/26/2004CITY OF APPLE VALLEY Dakota County, Minnesota August 2 6 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 2 6 th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Ha mann - Roland; Councilmembers Bergman, Erickson, Goodwin , and Grendahl . ABSENT: None . City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills , City Engineer Gordon , Finance Director Ballenger, A ss oc iat e Planner Bodmer, Associate Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Human Resources Manager Strauss , and Fire Chief Was smund . 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 amend e d . 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 was present to speak. CONSENT AGENDA MOTION: of Bergman , seconded by Goodwin , approving all items on the consent agenda with no exceptions . Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman , seconded by Goodwin , approving the minutes of the regular meeting of August 1 2 th , 200 4 , as written. Ayes - 4 - Nays - 0 ( Hamann - Roland Abstain ed) . Resolution No. 2004 - 1 5 9 MOTION: of Bergman , seconded by Goodwin , adopting provid i ng for the competitive negotiated sale of $4,325,000 General Obligation Improvement Bonds of 2004 and authorizing Northland Securities to solicit such sealed proposals f or award on September 9, 2004 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2004 Page 2 Resolution No. 2004 - 160 MOTION: of Bergman, seconded by Goodwin, adopting providi ng for the competitive negotiated sale of $160,000 General Obligation Equipment Certificates of 2004 and authorizing Nort hland Securities to solicit such sealed proposals for award on September 9, 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 161 MOTION: of Bergman , seconded by Goodwin , a dopting approving a Street Sweeping Policy for the City’s roadway system as attached to the Public Works Director’s memo dated August 26 , 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , granting a height variance to allow construction of a house with a maximum height of 40 feet on Lot 1, Block 1, Deer Run (12605 Safar i Pass), as recommended by the Planning Commission . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, granting a height variance to allow construction of a house with a maximum height of 44 feet on Lot 22, Block 1, Seasons on the Park (12522 Eland Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Natural Resources Management Permit to install four retaining walls and a patio under the approved 568 square - foot deck on Lot 17, Knottywoods (13465 Pilot Knob Road), subject to conditions detailed in the revised plan and Associate Planner’s memo both dated August 26. 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Seasons on the Park from $21,600.00 to $10,800.00. Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 62 MOTION: of Bergman , seconded by Goodwin , adopting ordering preparation of a preliminary engineering feasibility report for Project 03 - 237, 153rd Street/Dodd Road Connection to Pilot Knob Road. Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 63 MOTION: of Bergman, seconded by Goodwin, adopting ordering preparation of a preliminary engineering feasibility report for Project 04 - 267, Wensmann 14 th Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 2004 - 164 MOTION: of Bergman , seconded by Goodwin , a dopting receiving the preliminary engineering report for Project 04 - 258, Hazelwood Utility and Street Improvements, and se tting a public hearing on it, at 8:00 p.m., on September 23, 2004 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2004 Page 3 Resolution No. 2004 - 16 5 MOTION: of Bergman, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 04 - 258, Hazelwoo d Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 66 MOTION: of Bergman , seconded by Goodwin , adopting approving plans and specifications for Project 0 3 - 219 , Diamond Gate Utility and Pathway Improvements, and authorizing advert ising for receipt of bids, at 2:00 p.m., on Octo ber 7 , 2004 . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 67 MOTION: of Bergman , seconded by Goodwin , adopting approving plans and specifications for Project 03 - 23 8 , Harmony Commons Utility and Street Improvem ents, and authorizing advertising for receipt of bids, at 2:00 p.m., on Octo ber 7 , 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 68 MOTION: of Bergman, seconded by Goodwin, adopting awarding a contract for Project 03 - 232, Miscellaneous Utility and Stor m Sewer Improvements, to G. L. Contracting, Inc., the low bidder, in the total amount of $282,539.70. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a ccepting Project 03 - 242, Well Pump No s . 8, 12, and 13 and Water Treatment Plant High Zone 2 Maintenance, as final and authorizing final payment on the contract with E. H. Renner & Sons, Inc., in the amount of $27,500.00 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a ccepting Roof Replacement on Parts of the Old City Hall Bui lding and Central Maintenance Facility as fin al and authorizing final payment on the contract with A - Plus Roofing Company in the amount of $ 44,490.00 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a pproving the Fire Chief’s a ppointment of Shawn Kutney as District Chief at Fire Station as described in his memo dated August 20 , 2004 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , approving hiring the seasonal employees as listed in the Personnel Report dated August 26 , 2004. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA DICK’S VALLEY SERVICE FACILITY RELOCATION Ms. Dykes reviewed the Planning Commission recommendation on the application of Dick’s Valley Service for a new vehicle service and repair facility with outdoor stora ge at the northwest corner of 146th Street and Foliage Avenue. The use also requires a conditional use permit for CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2004 Page 4 outdoor storage. The new 17,700 square - foot building is proposed for two existing lots that will be replatted as one lot and requires vacati on of existing easements. The site plan shows 86 parking spaces with 84 future parking spaces on the north end of the lot. The north end of the lot will not be disturbed until future parking is needed. The outdoor storage lot will be screened by a four - foot high berm topped by an eight - foot high opaque fence. Councilmember Bergman commented on planning for future adjoining uses and asked what conditions would be required for the future parking expansion. Ms. Dykes said use of the future area would requ ire an amended conditional use permit with conditions what would specify berming and fencing. Councilmember Goodwin asked if the Wensmann townhome development east of Foliage had any issues with the use or the screening. Ms. Dykes said th ere were no comm ents from them, but she can consult with the developer on the appearance of the fence. Mayor Hamann - Roland called the public hearing to order at 8:13 p.m. to consider vacating easements on Lot 3, Block 1, Apple Valley Industrial Park 3rd Addition; and Lot 2, Block 1, Apple Valley Industrial Park 4th Addition; and noted receipt of the affidavit of publication of the hearing notice. Ms. Dykes stated the purpose of the vacation is to combine these two lots into a new lot with new easements. The Mayor asked for questions or comments from the Council and public. There were none and the hearing was declared closed at 8:14 p.m. Resolution No. 2004 - 1 69 MOTION: of Grendahl , seconded by Erickson, adopting completing vacation of drainage and utility easements on L ot 3, Block 1, Apple Valley Industrial Park 3rd Addition; and Lot 2, Block 1, Apple Valley Industrial Park 4th Addition; and authorizing the City Clerk to record the necessary documents . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 70 MOTION: of Goodwin , seconded by Bergman, adopt ing approving the final plat of Apple Valley Industrial Park 5th Addition (replat of two lots), waiving the requirement for a development agreement, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 71 M OTION: of Erickson , seconded by Goodwin, adopting approving issuance of a Conditional Use Permit for Outdoor Storage of Motor Vehicles to Dick’s Valley Service on Lot 1, Block 1, Apple Valley Industrial Park 5th Addition, with condi tions , as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 72 MOTION: of Bergman , seconded by Grendahl , adopting approving the site plan and authorizing issuance of a building permit to Dick’s Valley Service for a vehicle service and repair facility on Lot 1, Block 1, Apple Valley Industrial CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2004 Page 5 Park 5th Addition, with conditions as recommended by the Planning Commission . Ayes - 5 - Nays - 0. DOG DAY GETAWAY OUTDOOR PET RELIEF STATION Ms. Bodmer reviewed the Planning Commis sion’s recommendation on a proposed conditional use permit for an outdoor pet relief station for Dog Day Getaway, at 6950 West 146th Street, Suite 128 . A 39’ x 11’, 425 square - foot , area would be fenced at the back of the building to be used in conjunctio n with the operation of a dog daycare business. Asphalt would be removed and an infiltration bed with 24 inches of sand, two inches of barn lime, and four to six inches of pea gravel constructed. Brian Watson, of the Dakota County Soil and Water Conserva tion District, reviewed the proposal and believes water quality impacts will be satisfied if the area is constructed and maintained as recommended . Councilmember Grendahl note d the recommendation includes annual water quality testing of the storm water po nd at the northwest corner of 147th Street and Foliage Avenue. She suggested taking a baseline test now and the first sample earlier than a one - year interval to detect any potential problems earlier . Councilmember Bergman noted this pond also has a numbe r of migratory geese and th eir presence could affect the water quality beyond what might happen with this use. Resolution No. 2004 - 173 MOTION: of G oodwin , seconded by Erickson , adopting approving issuance of a Conditional Use Permit for an Outdoor Pet Rel ief Area to Dog Day Getaway on Lot 2, Block 1, Apple Valley Business Center, with conditions as recommended by the Planning Commission and Dakota County Soil and Water Conservation District. Aye s - 5 - Nays - 0. SOUTH SUBURBAN EVANGELICAL FREE CHURCH EXP ANSION Ms. Dykes reviewed the Planning Commission’s recommendation on proposed expansion of South Suburban Evangelical Free Church, at 12600 Johnny Cake Ridge Road. An 18,511 square - foot addition to the existing 22,328 square - foot church is proposed for a total building of 40,839 square feet. The parking lot w ill be expanded to 222 spaces with the potential to add 54 spaces should they be needed in the future. This future parking area requires a ten - foot setback variance from the south property line to align with the existing parking lot. Councilmember Erickson asked if drainage concerns expressed by the neighbors have been addressed. Ms. Dykes said the City Engineer met with them and explained the berm that will be required and drain water to the west and into the parking lot. Mayor Hamann - Roland asked if there were traffic concerns due to the location of Shepherd of the Valley Church nearby . Ms. Dykes said there should be adequate parking and each church takes CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2004 Page 6 access from a different street. At thi s time, their Sunday activities have different schedules as well. MOTION: of G rendahl , seconded by Bergman , a pproving a setback variance for South Suburban Evangelical Free Church allowing a future parking lot to be constructed to within ten feet of the s outh lot line of Lot 9, Block 1, Sunshine Estates (12600 Johnny Cake Ridge Road), as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 74 MOTION: of Erickson , seconded by Bergman, adopting approving the site plan and autho rizing issuance of a building permit to South Suburban Evangelical Free Church for a building expansion on Lots 1 and 9, Block 1, Sunshine Estates, with conditions as recommended by the Planning Commission . Ayes - 5 - Nays - 0. WALLACE PARK REZONING Ms. Dykes reviewed her memo dated August 20, 2004, concerning a Comprehensive Plan amendment and rezoning of 4.9 acres of City - owned property containing Wallace Park and property east of it. The purpose is to designate the entire site as park except for a st rip of land on the east for extension of future Gossamer Way. The Metropolitan Council has approve d the Comprehensive Plan amendment and the City Council can now take final action . Resolution No. 2004 - 1 75 MOTION: of Grendahl , seconded by Erickson , adopting approv ing an amendment to the Land Use Guide Map of the Comprehensive Plan changing the designation of property north of 138th Street and east of Pennock Avenue from “LD” (Low Density Residential) to “P” (Park), as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Ordinance No. 758 MOTION: of Grendahl , seconded by Bergman , passing rezoning property north of 138th Street between Pennock Avenue and future Gossamer Way (Wallace Park) from “R - 3” (Single Family Residential) to “P” (Institutional) as recommended by the Planning Commission . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated August 23 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 2004 Page 7 MOTION: of Bergman , seconded by Grendahl , to pay th e claims and bills, check registers dated August 18 , 200 4 , in the amount of $ 6,607,506.68 ; and August 25 , 2004, in the amount of $ 1, 442,968.14 . Ayes - 5 - Nays - 0. MOTION: of G rendahl , seconded by Erickso n , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8 : 49 o’clock p.m.