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HomeMy WebLinkAbout05/12/2005 CITY OF APPLE VALLEY Dakota County, Minnesota May12, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 12, 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 Clerk Gackstetter, City Attorney Hills, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Associate City Planner Dykes, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Human Resources Manager Strauss, and Fire Chief Wassmund. 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 Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting, as amended. 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of April 28, 2005, as written. Ayes - 5 - Nays - 0. Resolution No. 2005-67 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of a $70.00 gift certificate from Cole’s Salon for use in the 2005 Step Program. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, proclaiming May 15 - 21, 2005, as “Public Works Week” and encouraging citizens to acquaint themselves with the issues CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 2 involved in providing public works services and programs and to recognize the contributions that public works employees make to the community. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a temporary license for an outdoor special event to H.O.C., Inc., d/b/a Rascals Apple Valley Bar & Grill, on July 1, 2005, from 5:00 p.m. to 12:00 midnight, for use in the parking lot at 7721 West 147th Street; and approving temporary street closings for a car show, with conditions, as described in the City Clerk’s memo dated May 11, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Agreement for Mutual Police Assistance for Enforcement of Traffic Safety Laws, as attached to the Sergeant’s and Police Chief’s memo dated May 6, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting the final copy of the Alimagnet Lake Management Plan. Ayes - 5 - Nays - 0. Resolution No. 2005-68 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of health care revenue bonds by the Apple Valley Economic Development Authority for the EverCare Senior Living, LLC, Project, in an amount not to exceed $22,000,000.00. Ayes - 5 - Nays - 0. Resolution No. 2005-69 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and specifications for Project 94-371, Valley Oaks Estates Utility and Street Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on June 16, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-70 MOTION: of Bergman, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 98-500, Embry Estates Utility and Street Improvements; and setting a public hearing on it, at 8:00 p.m., on June 9, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-71 MOTION: of Bergman, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 98-500, Embry Estates Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract with North Central Ambulance Sales and Service to refurbish Fire Engine 4988, in the amount of $4,135.29, for an emergency light package; and accepting the Fire Engine as final and authorizing final payment on the contract, in the amount of $78,097.29. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 3 MOTION: of Bergman, seconded by Grendahl, approving a five-foot front-yard variance to allow construction of a house addition with a one-foot roof overhang to be located 25 feet from the front lot line of Lot 25, Block 5, Greenleaf 12th Addition (4691 – 142nd Street W.), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a variance to allow a front deck to be constructed 30 inches high, with handrails, and located 18 feet from the front lot line of Lot 7, Block 2, Apple Valley East Addition (15137 Dunbar Boulevard), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 2 to the contract with E. H. Renner & Sons, Inc., for Project 04-270, Well Pump No. 1 and 2 and LPZ1 Maintenance Project, in the amount of $488.00 for a 10-inch column pipe. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, acknowledging the Mayor’s appointment of Police Chief Johnson as the City’s Emergency Management Director effective April 30, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Land Exchange Agreement with Pedersen Wensmann, L.L.C., for property in Harmony Commons, which includes a waiver of objection to special assessment, as attached to the Community Development Director’s memo dated May 9, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, setting a public hearing for Project 05-280, Harmony Commons Pond Reconstruction, at 8:00 p.m., on June 9, 2005, May 26, 2005. Ayes - 5 - Nays. Resolution No. 2001-72 MOTION: of Goodwin, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 05-280, Harmony Commons Pond Reconstruction. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring Bruce Daubanton to the full time position of Maintenance Worker I, as listed in the Personnel Report dated May 12, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring seasonal employees listed in the Personnel Report dated May 12, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 4 VOLUNTEER RECOGNITION Jeannine Churchill was recognized for six consecutive years of service on the Planning Commission. Mayor Hamann-Roland thanked her for her generous commitment of time, energy, and skills which help make Apple Valley a quality community, and presented her with a personalized proclamation recognizing her volunteer service and a marble apple clock. BASKETBALL TRAINING FACILITY CONDITIONAL USE PERMIT Ms. Bodmer reviewed a request for a conditional use permit to operate a basketball training facility in a 3,000 square foot suite within the Apple Valley Office Warehouse building located at 5708 – 147th Street W. The suite is located on the east end of the building. No changes to the building or site are requested. It is three parking spaces short of the 20 required. Staff does not find this an issue based on the maximum number of students intended to use the facility at a time as well as peak use times for the training facility are opposite of peak use times for other uses in the building. Mr. Brian Ammann, the applicant, was present. He described his experience in teaching basketball and the purpose of the training facility. Resolution No. 2005-73 MOTION: of Bergman, seconded by Grendahl, adopting approving a Conditional Use Permit to allow a basketball training facility in a “BP” (Business Park) zone on Lot 1, Block 2, Valley Business Park (5708 – 147th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays – 0. FAJITA’S SOUTHWEST GRILL ON-SALE LIQUOR LICENSE Mayor Hamann-Roland called the public hearing to order at 8:15 p.m. to consider the application of GGLC Management Group, Inc., d/b/a Fajita’s Southwest Grill, for on-sale liquor and special Sunday liquor licenses and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the application as described in her memo dated May 9, 2005. The restaurant is located in the Galaxie Commons building at 15265 Galaxie Avenue. The location also requires a Conditional Use Permit on which the Planning Commission held a public hearing April 20, 2005, and recommended approval. Gary Kwaitkoski, Vice President of GGLC Management Group, Inc., was present and commented on the restaurant. He said they anticipate opening the restaurant the first week in June. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:20 p.m. Resolution No. 2005-74 MOTION: of Goodwin, seconded by Bergman, adopting approving a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 5 restaurant on Lot 2, Block 1, Culvers Addition, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-75 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of 2005 on-sale liquor and special Sunday liquor licenses to GGLC Management Group d/b/a Fajita’s Southwest Grill, for premises on Lot 2, Block 1, Culvers Addition. Ayes - 5 - Nays - 0. HILLCREST ACRES Mr. Lovelace reviewed the Planning Commission recommendation for a site plan and building permit authorization to construct two 9,940 and one 19,330 square foot buildings on an 8.47-acre lot located on the southeast corner of 151st Street W. and Foliage Avenue. The site plan has more than the minimum parking spaces required. The City’s Traffic Consultant has identified some accessibility and circulation concerns. The landscape and grading plans have been reviewed and there are minor concerns. Staff believes these issues can be resolved prior to construction. Resolution No. 2005-76 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of two 9,940 square foot buildings and one 19,330 square foot building on Lot 7, Block 1, Hillcrest Acres, (located on the southeast corner of 151st Street W. and Foliage Avenue), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. LEBANON PARK AND RIDE SITE PLAN/BUILDING PERMIT Mr. Kelley reviewed the Planning Commission recommendation for a request by Dakota County for a site plan and building permit authorization to construct an 800 square foot building and 258 parking stalls on the west side of Pilot Knob Road between future 157th Street on the north and future 158th Street on the south. The transit station will look similar to other Minnesota Valley Transit Authority (MVTA) sites. The building will be climate controlled with a unisex restroom. The restroom will not be functional until sanitary sewer and water are brought to this vicinity with the development of the athletic complex or retail shops. The petitioner agreed to changes in the Landscape Plan recommended by the Natural Resources Coordinator. Councilmember Bergman asked who will own and operate this transit station. Mr. Kelley said it is anticipated the property would be owned by Dakota County and Apple Valley and operated by the MVTA. Mayor Hamann-Roland inquired about the name of the transit station. Mr. Kelley said he believed Lebanon was picked over Pilot Knob Road because Pilot Knob Road is such a long road, it provides little reference as to location. Mayor Hamann-Roland asked if it is possible to change the name. Mr. Kelley said he believed the name is still open for discussion and would relay any suggestions the Council may have. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 6 Councilmember Erickson asked if the MVTA would be able to provide bus service once the transit station is built. Councilmember Grendahl said she assumes buses will be available. She further said she hopes other communities who are likely to use this transit station will join the transit taxing district to help fund the needed buses. Resolution No. 2005-77 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a transit station consisting of an 800 square foot building and 258 parking stalls located on the west side of Pilot Knob Road between future 157th Street on the north and future 158th Street on the south, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GODDARD SCHOOL Ms. Dykes reviewed the Planning Commission recommendation to subdivide Outlot A, Blomquist 1st Addition, into two lots, approve a variance increasing the height of the building to 29 feet, and approve the site plan and building permit authorization to allow for the construction of an 8,521 square foot single-story daycare facility building, located on the northwest corner of Pennock Avenue and 147th Street W. The daycare will be located approximately 190 feet from the nearest residential use. Other buildings in the area are of similar height. The Planning Commission approved of the height variance provided a building material such as stone was placed on the exterior of the building to emphasize its residential character. The petitioner has also agreed to install a four-foot high maintenance-free fence. The plan has a double driveway design and meets minimum parking requirements. The landscape and grading plans have been reviewed. Mr. Bob McCampbell was present. Mayor Hamann-Roland asked if he would consider a one- way traffic system as a condition of the site plan/building permit authorization. She noted the City’s traffic consultant stated internal traffic conflicts could be mitigated by use of one-way signage, if necessary, and suggested it may be easier to start with a one-way system. Resolution No. 2005-78 MOTION: of Bergman, seconded by Grendahl, adopting approving the subdivision of Outlot A, Blomquist 1st Addition, into two lots, one lot equaling 1.2 acres and one lot equaling 1.6 acres, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a variance to allow the height of the building to be 29 feet, subject to the installation of an exterior building material such as stone, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-79 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of an 8,521 square foot single-story daycare facility to be located on Lot 1, Block 1, Goddard School Addition, with conditions as recommended by the Planning CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 7 Commission; and directing the City’s Traffic Consultant to review the parking lot traffic flow and make a recommendation as to implementing a one-way traffic system. Ayes - 5 - Nays - 0. LEGACY OF APPLE VALLEY 5TH ADDITION This item was removed from the agenda at the request of the petitioner. EASTWOOD RUDGE 2ND ADDITION This item was removed from the agenda at the request of the petitioner. ORDINANCE AMENDING BUILDING CODE ADOPTED BY REFERENCE Mr. Heuer gave the first reading of an ordinance amending Section 150.01(B)(9), Building Code Adopted by Reference; Scope, of the City Code, that includes Chapter 1315 of the State Electrical Code, which adopts the 2002 edition of the National Electrical Code. On July 1, 2005, Minnesota Rules Chapter 1315 of the Minnesota State Building Code will be changed by amendment. The amendment adopts the 2005 edition of the National Electrical Code. The proposed ordinance change to Section 150.01(B)(9) adopts the 2005 edition of the National Electrical Code, with an effective date of July 1, 2005. MOTION: of Erickson, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 774 and passing amending Section 150.01(B)(9) of the City Code by adopting the 2005 edition of the National Electrical Code, with an effective date of July 1, 2005. Ayes - 5 - Nays - 0. ORDINANCE AMENDING PERSONNEL POLICY Ms. Strauss gave the first reading of an ordinance amending Sections 34.13, Overtime; 34.23 Military Leave; 34.34, Discrimination and Harassment Policy; and 34.35, Workplace Violence Prevention Policy. Proposed changes in Section 34.13, Overtime, reflect the City’s current policy relative to paying compensatory time at the end of a regular pay period following an employee’s request. In Section 34.23, Military Leave, the words “Federal law” are added to bring it into compliance with federal military leave requirements. Section 34.34, Discrimination and Harassment Policy, is changed by listing the protected class categories. Section 34.35, Workplace Violence Prevention Policy, is changed by clarifying the definition of “dangerous weapons”. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 775 and passing amending Sections 34.13, Overtime; 34.23 Military Leave; 34.34, Discrimination and Harassment Policy; and 34.35, Workplace Violence Prevention Policy, changing or adding language to comply with legal requirements, providing consistent word use, and clarifying the intent of the ordinance. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 8 ORDINANCE AMENDING PERSONNEL POLICY EMPLOYEE BENEFITS Ms. Strauss gave the first reading of an ordinance amending Sections 34.15, Employee Benefits, and 34.17, Annual Leave. The proposed ordinance adds a three-quarters annual leave and six hours paid time off for holiday benefits for part-time employees working an average of 30 but less than 40 hours per week. MOTION: of Erickson, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 776 and passing amending Sections 34.15, Employee Benefits, and 34.17, Annual Leave, by establishing a three-quarter paid leave accrual for part-time employees working an average of 30 but less than 40 hours per week, as described in the Human Resources Manager’s memo dated May 9, 2005. Ayes - 5 - Nays - 0. ORDINANCE AMENDING CEMETERY FEES Mr. Heuer gave the second reading of an ordinance amending the Fee Schedule Appendix of Title III of the City Code by adjusting fees and charges for cemetery lot sales and interment, as attached to his memo dated May 12, 2005. The proposed changes include increasing the non- resident rate to 200 percent the resident rate for lots and niches, and increasing the interment/opening fee for an adult (over four feet) from $650 to 750. The Cemetery Advisory Committee unanimously recommended the increases at its meeting on April 19, 2005. Staff proposes the changes are effective June 1, 2005. Ordinance No. 777 MOTION: of Grendahl, seconded by Erickson, passing amending the Fee Schedule Appendix of Title III of the City Code by increasing the non-resident lot/niche sales fees and the interment/opening fee for an adult vault (over four feet), with an effective date of June 1, 2005. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Grendahl asked staff to clarify for the public the difference on the maximum height of a building such as the Goddard School, which was reviewed this evening, versus height requirements for a church. Mr. Kelley said the maximum allowed height of a building depends on the zoning district. However, churches are an exception. The majority of a church must fall within the height required under the zoning district, while the steeple or belfry can extend beyond that with approval of a conditional use permit. Mayor Hamann-Roland noted the Council proclaimed May 15-21, 2005, as “Public Works Week” and thanked the Public Works Director and all Public Works employees for their dedication to their jobs and recognized the importance of the jobs they do. CALENDAR OF UPCOMING EVENTS CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 2005 Page 9 MOTION: of Goodwin, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated May 9, 2005, 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 Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated May 5, 2005, in the amount of $2,197,432.41; and May 12, 2005, in the amount of $476,776.02. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:56 o’clock p.m.