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HomeMy WebLinkAbout01-27-05CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 27th, 2005, 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 Clerks Mueller and Gackstetter, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Dykes, Assistant 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 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Erickson, seconded by Goodwin, approving all items on the consent agenda as amended. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Erickson, approving the minutes of the regular meeting of January 13, 2005, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Goodwin). MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-18 accepting, with thanks, the donation of cash and prizes from various businesses and organizations for the Mid-Winter Fest Celebration. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-19 accepting, with thanks, the donation of $2,000.00 from MJM Foundation for Apple Valley Cardiac Emergency Partnership. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-20 consenting to the appointment of Deputy Clerks Joanne Murphy and Judy Finger by City Clerk Gackstetter. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving renewal of Hobby Kennel Permits for 2005 for Nancy Brown, at 12936 Galaxie Avenue, and Beverly Rongren, at 6895 West 133rd Street. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving issuance of a 2005 On-Sale 3.2 Percent Malt Liquor License to Joel Watrud, d/b/a Apple Valley Golf Course, at 8661 West 135th Street. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving a change in manager for Minnesota Robin, Inc., d/b/a Red Robin of Apple Valley, in connection with the On-Sale Liquor License at 15560 Cedar Avenue, naming Kathryn R. Lisk as General Manager, as described in the City Clerk’s memo dated January 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving a change in officer for Apple American Limited Partnership of Minnesota, d/b/a Applebee’s Neighborhood Grill & Bar, in connection with the On-Sale Liquor License at 14678 Cedar Avenue, naming Rebecca R. Tilden as President/Secretary/Treasurer, as described in the City Clerk’s memo dated January 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-21 approving specifications for Fire Department Self-Contained Breathing Apparatus (SCBA) and advertising for receipt of bids on February 17, 2005, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-22 ordering the City Engineer to prepare a preliminary feasibility report for Project 04-280, Harmony Pond Construction, contingent on the developer paying the costs. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the reduction of the financial guarantee for Hazelwood from $125,000.00 to $19,500.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving Change Order No. 1 to Project 04-270, Wells No. 1 and 2, and Water Treatment Plant Low Zone 1 Pump Maintenance, in the amount of an additional $26,478.00. Ayes - 5 - Nays – 0. MOTION: of Bergman, seconded by Erickson, accepting Project 02-209, 2003 Street Maintenance, as final and authorizing final payment on the contract with Valley Paving, Inc., in the amount of $26,421.64. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, rescheduling consideration of eminent domain proceedings related to Project 03-233, Palomino Area Easement Acquisition, for the Council meeting of February 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the agreement with Burnsville Electric, Inc., for 2005 electrical maintenance services, as attached to the Public Works Director’s memo dated January 27, 2005, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays – 0 – Abstain – 1 (Grendahl). MOTION: of Bergman, seconded by Erickson, approving a five-year renewal of the existing lease with Time Square Shopping Center, LLP, at a rate of $9,347.27 per month, for Liquor Store No. 1, as described in the City Administrator’s memo dated January 24, 2005, and directing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the promotion of Jean Bryant to the position of Department Assistant – Public Works as listed in the Personnel Report dated January 27, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the hiring of Gregory Dahlstrom to the full-time position of police officer as listed in the Personnel Report dated January 27, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the hiring of Nicholas Wolf to the full-time position of police officer as listed in the Personnel Report dated January 27, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the seasonal employees as listed in the Personnel Report dated January 27, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MID-WINTER FEST 2005 Parks and Recreation Director Johnson reviewed activities planned for this year’s celebration at Hayes Park, Apple Valley Community Center, and Valleywood Golf Course. Buttons are required for admission to the events on February 12 and 13, 2005, and are for sale at various locations for $1.00 in advance and $2.00 during the event. This year’s button was designed by an Apple Valley High School student. Mr. Johnson thanked the members of the business community who support this event. MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 2005-23 proclaiming February 12 and 13, 2005, as “Apple Valley Mid-Winter Fest , 2005” and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. CONDITIONAL USE PERMIT FOR BETTY JO’S DANCE STUDIO Mr. Kelley reviewed the Planning Commission’s recommendation regarding a request by Betty Jo and Steve Schmitt for a Conditional Use Permit (CUP) to operate a dance studio in a “BP” (Business Park) zoning district. Construction of the proposed building on Lots 23-25, Bock 1, Knob Ridge Addition (14803-07 Energy Way), was approved by the City Council on January 23, 2003, as part of the site plan/building permit. The applicant is proposing removal of an overhead garage door and existing driveway at the northwest corner of the building. The driveway will be replaced with non-surmountable curb and gutter. No other changes to the architecture or landscape design are being proposed. Concerns were raised at the public hearing regarding potential traffic conflicts when students are being dropped off and picked up. Most of the traffic generated by this use will be during the evening and on weekends, which are off-peak times for other uses currently or anticipated in the business park. The applicant also addressed those concerns in a letter. The developer has prepared Association bylaw amendments to address potential parking conflicts. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2005-24 approving a Conditional Use Permit to allow a dance studio in a “BP” Zone on Lots 23-25, Bock 1, Knob Ridge Addition (14803-07 Energy Way), for Betty Jo’s Dance Studio, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays – 0. ORDINANCE AMENDING ZONING TO ALLOW HOTELS IN CENTRAL VILLAGE Ms. Dykes gave the first reading of an ordinance amending “PD-739, Zone 2” of the City Code to allow for hotels as permitted uses in the zoning district. This site is located southwest of the intersection of 153rd Street West and Galaxie Avenue in Harmony Commons. When the preliminary plat was approved, a hotel was considered a potential use, but not specifically included. The developer is now working on a site plan for a hotel and requested the change. A public hearing was held on January 5, 2005, and no comments or concerns were received. The Planning Commission recommended approval of the ordinance amendment on January 19, 2005. Because there has already been a public hearing and a public meeting on this item, staff recommended the Council waive the procedure for a second reading and pass the ordinance. MOTION: of Bergman, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 765 amending Section A31-4(B) of the City Code by adding hotels as permitted uses in the PD-739, Zone 2, (Harmony Commons/Central Village) zoning district. Ayes - 5 - Nays - 0. ORDINANCE AMENDING REGULATIONS REGARDING LAND DEDICATION Mr. Kelley gave the second reading of an ordinance amending Chapter 153 of the City Code, which regulates the subdivision of land by establishing specific criteria for public land dedications, as described in his memo dated January 24, 2005. Due to a Supreme Court case decision regarding development exactions, a standard referred to as “proportionality” is now applied to park and pond exactions. Essentially, the amount of land exacted for a public purpose must be shown to directly relate to the demand created by each specific purpose. The proposed amendment would simply memorialize the City’s current policy into ordinance form. MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 766 amending City Code Section 153.29, Public Uses, by establishing specific criteria for public land dedications as part of the subdivision regulations in Chapter 153. Ayes - 5 - Nays - 0. ORDINANCE AMENDING TOWING AND ABANDONED VEHICLES Police Chief Johnson gave the second reading of an ordinance amending City Code Section 71.19 to prohibit parking on public property for a period of more than 48 hours, unless a permit is issued by the City or the vehicle falls under the special exceptions to the 3:00 to 6:00 a.m. parking ordinance. Police officers attempt to locate owners of abandoned vehicles and ask them to remove them from public property. Towing is used only as a last resort. According to state statute, a police officer cannot have a vehicle towed for a parking violation until four hours have elapsed since the time of ticketing, unless it is considered a traffic hazard. Under the City’s current ordinance, it is impossible to reach the four-hour waiting period. The amendment would allow officers to tow a vehicle after 48 hours if they are unable to locate the vehicle’s owner or if the owner is unwilling or unable to remove it. MOTION: of Grendahl, seconded by Erickson, passing Ordinance No. 767 amending Section 71.19(A) of the City Code to prohibit parking on public property for a period of more than 48 hours, unless a permit is issued by the City or the vehicle falls under the special exceptions to the 3:00 to 6:00 a.m. parking ordinance. Ayes - 5 - Nays - 0. APPLE VALLEY TRANSIT STATION PARKING UPDATE Mr. Lawell recapped for the Council the issues surrounding the Apple Valley Transit Station, located at Cedar Avenue and 155th Street West, as outlined in his memo dated January 24, 2005. The Apple Valley Economic Development Authority (EDA) owns the Apple Valley Transit Station, which is leased and operated by the Minnesota Valley Transit Authority (MVTA). The park and ride facility was designed with 375 parking spaces, and shares an additional 120 spaces with the Carmike Theater and Red Robin restaurant. In 2004, the MVTA contracted with Watson’s for 100 more spaces due to overcrowding at the park and ride. Watson’s decided not to renew its agreement with MVTA to lease parking spaces effective January 31, 2005. With that in mind, on December 21, 2005, the Council authorized on-street parking along the north side of 155th Street east of Gaslight Drive. An October 2004 parking survey conducted at the Apple Valley Transit Station determined that 56 percent of the vehicles parked at that time belonged to non-MVTA residents, while only 44 percent were vehicles owned by residents of MVTA-member cities (Apple Valley, Burnsville, Eagan, Rosemount, and Savage). The Mayor and City Administrator met with representatives from the City of Lakeville to discuss their commitment to transit and their interest in joining the MVTA. They indicated they could not justify joining at this time, but are aware of the issues. The concern is that Apple Valley and other MVTA-member residents will be forced out of the Apple Valley Transit Station by non-MVTA residents. Staff was asked to explore the implementation of a permit parking system as a potential solution. According to the City Attorney, the City has the authority to impose parking permit restrictions on public streets, provided they are clearly posted. The City may impose parking permit restrictions at the Apple Valley Transit Station if it is granted permission from the MVTA to do so. The MVTA Board met January 26, 2005, and considered implementation of a permit parking system, and approved it unanimously, subject to review and approval by their attorney. Mr. Lawell reviewed the concept of a permit parking system that would allow only MVTA-member cities’ resident to park at the transit site. Permits would be free of charge to residents of MVTA-member cities. The preliminary estimate for labor and materials to implement the permit parking is $9,268.00. Other options will continue to be pursued, including additional temporary parking, adding a parking deck to the existing site; creating additional park and ride facilities; and special legislation to encourage non-MVTA members to become members. Mayor Hamann-Roland thanked Councilmember Grendahl for her efforts in resolving this matter. She noted that if MVTA’s attorney approves the request, a special EDA meeting will be needed. Councilmember Grendahl said it is also important to note that many of the buses are near capacity, funding for operations is down, and other park and rides are experiencing similar problems. As we move ahead to look for a permanent solution, it becomes even more important to get other cities to the table to discuss this matter and find resolution. She noted that reinstatement of weekend service has been requested by some residents and will be analyzed to determine if it is feasible. OTHER STAFF ITEMS Mr. Lawell informed the Council this would be the last City Council meeting officially attended by City Clerk Mueller as she will be retiring after 33 years of service. He thanked Ms. Mueller for her many years of hard work and complimented her on the great job she does. The Council also thanked Ms. Mueller for her outstanding work and dedication to the job and wished her a happy, healthy retirement. They voiced the loss they feel both on a personal and professional level, stating she is a respected member of staff who will be greatly missed. COMMUNICATIONS & CALENDAR Councilmember Goodwin recognized Councilmember Grendahl’s appointment to the MNSCU Board of Trustees, representing the 2nd Congressional District. Councilmember Bergman thanked the maintenance employees for the timely manner in which they cleared the streets after the recent snowfall. The Council received a memo dated January 24, 2005, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated January 20, 2005, in the amount of $16,000,561.16; and January 27, 2005, in the amount of $4,849,511.22. Ayes - 5 - Nays - 0. CLOSE MEETING - ATTORNEY-CLIENT PRIVILEGE Mr. Dougherty asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss the DeMars case. MOTION: of Erickson, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss the case of Paul Scott DeMars with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 9:06 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 9:10 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerks Mueller and Gackstetter, Police Chief Johnson, and Police Captain Lohse. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Mr. Dougherty and Police Chief Johnson then discussed the DeMars case with the Council. The Council reconvened in open session at 9:24 p.m. MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:25 o’clock p.m.