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HomeMy WebLinkAbout06/09/2005 CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 9, 2005, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Goodwin. ABSENT: Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Police Captain Anglin, Finance Director Ballenger, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, and Police Captain Rechtzigal. 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 Bergman, seconded by Erickson, tabling item 5.H – Appoint Cemetery Advisory Committee Member until June 23, 2005, 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. No one was present to speak. CONSENT AGENDA MOTION: of Goodwin, seconded by Bergman, adding item 4.L – Regatta Park Pipeline Agreements, and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of May 26, 2005, as written. Ayes - 4 - Nays - 0. Resolution No. 2005-88 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of three Nebulus Emergency Flotation Devises, valued at $1,875.00, from John Weinel of JTW Associates to assist in water rescues by the Fire Department. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Page 2 Resolution No. 2005-89 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of a 1991 Chevrolet Blazer, valued at $1,290.00, from the Russell Schroeder for Fire Department training. Ayes - 4 - Nays - 0. Resolution No. 2005-90 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the Apple Valley Rotary Scholarship Foundation, for use on September 10, 2005, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a change in manager for RT Minneapolis Franchise, L.L.C., d/b/a Ruby Tuesday, in connection with the On- Sale Liquor License at 14883 Florence Trail, naming Matthew P. Remarcik as General Manager; as described in the City Clerk’s memo dated June 6, 2005. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Police Department’s 2004 Annual Report. Ayes - 4 - Nays - 0. Resolution No. 2005-91 MOTION: of Goodwin, seconded by Bergman, adopting approving the division of special assessments. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the License Agreement with St. Paul Growers Association, Inc., to operate a Farmers Market at the Municipal Center from June 25 through October 29, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2005-92 MOTION: of Goodwin, seconded by Bergman, adopting committing to cost sharing and participation in a joint fiber optics project and accepting selected alternates with contingencies. Ayes - 4 - Nays - 0. Resolution No. 2005-93 MOTION: of Goodwin, seconded by Bergman, adopting receiving the preliminary engineering report for Project 04-275, Eastwood Ridge 2nd Addition Utility and Street Improvement, and setting a public hearing on it, at 8:00 p.m., on July 14, 2005. Ayes - 4 - Nays - 0. Resolution No. 2005-94 MOTION: of Goodwin, seconded by Bergman, adopting directing the City Engineer to prepare plans and specifications for Project 04-275, Eastwood Ridge 2nd Addition Utility and Street Improvement. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a billable rate of $40.00 per hour for off-duty police officers as described in the Police Captain’s memo dated June 6, 2005. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Page 3 MOTION: of Goodwin, seconded by Bergman, approving the promotion of JoEllen Rutzen to the position of Police Sergeant as listed in the Personnel Report dated June 9, 2005. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the promotion of Mitch Scott to the position of Police Sergeant as listed in the Personnel Report dated June 9, 2005. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the seasonal employees as listed in the Personnel Report dated June 9, 2005. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Grading Permit Agreement with Fischer Sand & Aggregate, L.L.P., as attached to the Community Development Director’s memo dated June 9, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Right of Way Agreement with Magellan Pipeline Company, L.P., as attached to the Community Development Director’s memo dated June 9, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA HARMONY COMMONS POND RECONSTRUCTION Mayor Hamann-Roland called the public hearing to order, at 8:06 p.m., to consider Project 05- 280, Harmony Commons Pond Reconstruction, and noted receipt of the affidavit of publication of the hearing notice. Mr. Manson reviewed the preliminary engineering report dated April 22, 2005, describing the project. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:08 p.m. Resolution No. 2005-95 MOTION: of Bergman, seconded by Goodwin, adopting ordering installation of Project 05-280, Harmony Commons Pond Reconstruction. Ayes - 4 - Nays - 0. EMBRY ESTATES UTILITY AND STREET IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:12 p.m., to consider Project 98- 500, Embry Estates Utility and Street Improvement, and noted receipt of the affidavit of publication of the hearing notice. Mr. Manson reviewed the preliminary engineering report dated May 4, 2005, describing the project, and the plans and specifications. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:18 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Page 4 Resolution No. 2005-96 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 98-500, Embry Estates Utility and Street Improvement. Ayes - 4 - Nays - 0. Resolution No. 2005-97 MOTION: of Bergman, seconded by Goodwin, adopting approving plans and specifications for Project 98-500, Embry Estates Utility and Street Improvement; and authorizing advertising for receipt of bids, at 2:00 p.m., on July 21, 2005. Ayes - 4 - Nays - 0. RESIDENTIAL PARKING PERMIT Mr. Bodmer reviewed the on-site parking permit request by the property owners of 7250 – 144th Court. The property is currently being rented to four individuals, each of whom owns a vehicle. When they have visitors or overnight guests, the renters indicate four parking spaces on the driveway is not enough. City Code contains a provision whereby property owners may request a permit to park up to six vehicles on the driveway, provided certain conditions are met. The driveway is approximately 49 feet and could accommodate six vehicles. Ms. Bodmer noted multiple police calls and code violation complaints have been received regarding this property. In addition, most of the neighbors submitted letters expressing concern that the parking of additional vehicles on the property will negatively impact the use of their property. MOTION: of Erickson, seconded by Goodwin, to deny the residential on-site parking permit for the property located at 7250 – 144th Court. Councilmember Erickson voiced concern over the number of Police and Code Enforcement calls received. Councilmember Goodwin said he is concerned the City’s ordinance regarding the number of vehicles allowed to be parked on a residential driveway may be outdated and suggested the matter be referred to the Urban Affairs Committee. Mr. Lawell said the residential parking regulations issue was officially referred to the Urban Affairs Committee on May 26, 2005, and can include review of the number of vehicles permitted in a driveway. Councilmember Goodwin suggested the property owners/renters request permission for additional parking from the Police Department when they have out of town visitors. The Police Department regularly grants permission to park additional vehicles in the driveway when they are notified. Ms. Sandra Young, of 320 East 138th Street, Burnsville, the property owner, was present. She said she was not aware of several of the calls mentioned by Ms. Bodmer; however, she believes the calls were on previous tenants, and asked that the Council not punish the current tenants for someone else’s actions. Mr. Adam Blaiser, renter, was present. He said the weekends cause the biggest concern because that is when most of their friends come to visit. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Page 5 Mayor Hamann-Roland asked for clarification as to why the additional vehicles could not be parked in the garage. Mr. Adam Blaiser said vehicles are already stored in the garage. The vehicles in the garage are often being worked on but are operable. The Council continued discussion on the matter, and again suggested the renters use the method currently in place of notifying the Police Department for occasions when they require additional parking. Vote was taken on the motion: Ayes – 4 – Nays – 0. COBBLESTONE LAKE COMMUNITY POOL Mr. Lovelace reviewed the request for site plan/building permit authorization for a private community pool and pool house to be located on the proposed Block 10 of the preliminary plat of Cobblestone Lake South Shore Addition. The one-story, 1,488 square foot pool house will house locker rooms, a vending area, and provide storage for the two on-site pools. Resolution No. 2005-98 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for construction of a 1,488 square foot pool house and pool facility to be located on the parcel identified with Dakota County Parcel Identification No. 01-03600-030-80 as shown on the site plan submitted May 23, 2005, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Mayor Hamann-Roland called a five-minute recess at 9:20 p.m. Mayor Hamann-Roland resumed the meeting at 9:25 p.m. THE LEGACY SHOPS Mr. Dykes reviewed the request by Harford Group, L.L.C., for a Natural Resources Management Permit (NRMP) and building permit authorization for The Legacy Shops. The proposed two-story, mixed use commercial building is approximately 44,800 square feet with retail located on the first floor and office space located on the second floor. The 1.11-acre site is located on the southeast corner of Galaxie Avenue and 153rd Street W. The proposed project is part of the Central Village Plan and uses Smart Growth principals. The Right-of-Way Obstruction/Natural Resources Management Permit Agreement was drafted by the City Attorney. Approximately 12,000 cubic yards of earth will be moved on the site. Excavation is scheduled from June 15 to December 31, 2005, Monday through Friday, from 6:30 a.m. to 5:30 p.m. Driving of the pilings will be limited to 7:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Page 6 The building is “L”-shaped. The tower structure at the corner of Galaxie Avenue and 153rd Street W. will be 42.5 feet. A plaza will be constructed on the northwest corner of the site and will contain pergolas and benches. The existing parking lot will be reconfigured to total 280 spaces. There will also be a 79-space underground garage. No individual, free-standing signage will be allowed. Councilmember Bergman said he still has concerns with the corner feature. He pointed out the conceptual drawings clearly indicated two buildings. The purpose for the open area was to encourage a pedestrian-friendly space. Even if the building is to be constructed as one unit, he indicated he would still encourage the structure to provide a feeling of being open and welcoming, and indicated the drawing looks more like a fortress. Mr. Frank Janes, General Counsel for Hartford Group, Inc., was present. He acknowledged the conceptual drawing depicts two separate buildings with an open walkway, but said they are further along in the process and the proposal is to build one building with an atrium-type feature in the corner. He stated they feel their design meets the spirit of the Central Village Plan and is pedestrian friendly. Councilmember Goodwin said final drawings often change from conceptual drawings, but the intent should still be present. If the Council granted authorization on the footing/foundation permit, there would still be a couple weeks to discuss the corner feature area before the building permit would need to be issued. Councilmember Erickson asked if colored drawings were available showing the pergolas and benches in front of the entrance. They may help the Council in decide if they liked the central entrance being presented. Mr. Frank Janes said they could prepare such drawings, but the concern is that they are unclear as to what the City is looking for at this point. Mayor Hamann-Roland said pictures have been given to the petitioners and asked them to keep the original vision in making this project something unique to Apple Valley. Mr. Frank Janes said the owners have indicated their willingness to work with the City, and if the Council is just talking about the façade of the building, he is sure the situation can be resolved. He expressed concern over receiving the footing/foundation permit for the footprint of the building presented and then being asked to change the structure of the building in a way that does not match the footings. Mr. Mark Zweber, petitioner, was present. He said he is willing to work with the City, but stated he is unsure as to exactly what the City wants. Councilmember Bergman asked if the top of the arch in the entrance feature was glass. Mr. Frank Janes said it is not glass in the design presented. Councilmember Bergman said he would like the signage removed and glass placed in that area. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Page 7 After further discussion, Mayor Hamann-Roland asked if it would be helpful to proceed with the NRMP and footings permit prior to the building permit being authorized. Mr. Ryan, of R. J. Ryan Construction, Inc., said some activities could begin with that authorization. MOTION: of Goodwin, seconded by Erickson, approving the Right-of-Way Obstruction/Natural Resources Management Permit for excavation of a subterranean garage on Lot 1, Block 1, The Legacy of Apple Valley 5th Addition, as attached to the Associate City Planner’s memo dated June 6, 2005; and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2005-99 MOTION: of Bergman, seconded by Goodwin, adopting authorizing issuance of a footing/foundation permit for the subterranean garage at The Legacy Shops, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, tabling consideration of issuing a building permit for The Legacy Shops until June 23, 2005. Ayes - 4 - Nays - 0. WIRSBO ADDITION Ms. Bodmer reviewed the Planning Commission’s recommendation for a subdivision by preliminary plat to combine and then re-subdivide two parcels totaling 37.7 acres. The subdivision will result in a 15-acre parcel for the Wirsbo facility, an 18.7-acre parcel for future development, and dedication of right-of-way for 147th Street W. and Johnny Cake Ridge Road. The site plan/building permit authorization is for a 42,000 square foot addition on the north side of the Wirsbo Facility, located at 5925 – 148th Street W. The addition will consist of 23,000 square feet of office space and 18,600 square feet of manufacturing. The grading and landscape plans as well as the elevation drawings were reviewed. Mr. Dan Hughes and Mr. Jim Bjorke, of Uponor Wirsbo, were present. Mr. Dan Hughes presented colored elevation drawings depicting what the facility will look as the expansion is phased in. The Wirsbo representatives described their operations and described how the expansion will impact job growth. The Council thanked Wirsbo for choosing to expand in Apple Valley. Resolution No. 2005-100 MOTION: of Bergman, seconded by Erickson, adopting approving the subdivision by preliminary plat of Wirsbo Second Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2005-101 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a 42,000 square foot addition onto the Wirsbo Facility, located at 5925 – 148th CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 2005 Page 8 Street W., with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2005-102 MOTION: of Erickson, seconded by Bergman, adopting ordering the City Engineer to prepare a preliminary report for Project 05-282, Wirsbo Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. GAMMA DRIVE VACATION Ms. Bodmer said Williamsburg 3rd Addition Townhomes and Dahle Pines Homeowners Association, Inc., have requested the vacation of a 30-foot right-of-way for Gamma Drive that was dedicated as part of the Williamsburg 3rd Addition. This vacation requires a public hearing. Resolution No. 2005-103 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing to consider vacating the abandoned portion of Gamma Drive in Williamsburg 3rd Addition for 8:00 p.m., on July 14, 2005. Ayes - 4 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland congratulated JoEllen Rutzen and Mitch Scott on their promotions to Police Sergeant. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated June 6, 2005, 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 Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated June 1, 2005, in the amount of $11,717,612.28; and June 8, 2005, in the amount of $879,516.18. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:34 o’clock p.m.