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HomeMy WebLinkAbout08/25/2005 CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 25, 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 Dougherty, City Engineer Manson, Police Captain Anglin, Associate City Planner Bodmer, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Police Captain Rechtzigal, Human Resources Manager Strauss, Liquor Manager Swanson, 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 led by Boy Scouts Ben Brumm, Tyler Jenneke, Alex Oswald, and Alex Petrovich of Troop 292 and Boy Scout Andrew Claiborn from Troop 293. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, moving item 4.I Adopt Resolution Approving Joint Powers Agreement Establishing the Dakota County Communications Center to item 5.A.2, removing item 4.P Embry Estates Redevelopment, and adding items 5.J Set Special Meeting for September 6, 2005, at 3:00 p.m., and 5K Metropolitan Airports Open House, Discussion of New Runway, and Potential Action Items, and 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 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. MOTION: of Bergman, seconded by Grendahl, approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 2 MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of July 28, 2005, as written. Ayes - 5 - Nays - 0. Resolution No. 2005-143 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to American Legion Auxiliary, Unit 1776, for use on September 10, 2005, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2005-144 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to American Legion Auxiliary, Unit 1776, for use on November 12, 2005, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a temporary license for an outdoor special event to Rich Management., Inc., d/b/a Apple Place Bowl, on September 10, 2005, from 11:00 a.m. to 7:00 p.m., for use in the parking lot at 14917 Garrett Avenue. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving temporary parking on the north side of Greenleaf Elementary School for school events during the 2005/2006 school year as listed in the attachment to the Police Chief’s memo dated April 19, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the donation of abandoned cell phones to The Knights of Columbus, as described in the Police Captain’s memo dated August 3, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, acknowledging notification of a Homeland Security Fire Act Grant in the amount of $20,000.00 to purchase thermal imaging equipment. Ayes - 5 - Nays - 0. Resolution No. 2005-145 MOTION: of Bergman, seconded by Grendahl, adopting supporting Public Safety Day, on September 15, 2005, a day designated for sharing ways in which communities participating in the Dakota County Domestic Preparedness Committee are prepared to respond to natural and man-made disasters. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Emergency Operations Plan, as attached to the Police and Fire Chiefs’ memo dated August 18, 2005, and directing the Mayor and Emergency Management Director to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 3 Resolution No. 2005-146 MOTION: of Bergman, seconded by Grendahl, adopting amending fees for certain City services. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving release of the Natural Resources Management Permit and subdivision financial guarantees for Blomquist Office Building, as listed in the Community Development Secretary’s memo dated August 18, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, authorizing Bonestroo, Rosene, Anderlik & Associates to proceed with the Lake and Watershed Management Plan for Long and Farquar Lakes as outlined in the Scope of Basic Services, attached to the Public Works Director’s memo dated August 25, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-147 MOTION: of Bergman, seconded by Grendahl, adopting approving the Findings of Fact and declaring Pennock Place Senior Housing Development in default of the Development Contract. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving building and deck setback variances for Lots 1 and 2, Block 1, Farquar Lake Addition, with conditions described in the project summary prepared by the City Planner, and as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-148 MOTION: of Bergman, seconded by Grendahl, adopting approving specifications for Legacy Park North - Concrete Walks and Curbing Installation; and authorizing advertising for receipt of bids, at 2:00 p.m., on September 15, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-149 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for Project 04-276, Deep Well No. 19, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $249,410.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for Utility Installation at Legacy Park North with Jeche Excavating, in the amount of $28,180.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for Liquor Store Point of Sale System with Total Register Systems, Inc., in the amount of $24,508.88, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Painting of New Steel Fence Sections as final and authorizing final payment on the contract with Budget Sandblasting & Painting, Inc., in the amount of $25,740.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 4 MOTION: of Bergman, seconded by Grendahl, accepting Project 04-270, Well Pump Nos. 1, 2, & LZP 1, as final and authorizing final payment on the contract with E. H Renner & Sons, Inc., in the amount of $2,094.90. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Removal of Existing and Installation of New Concrete at Apple Valley Community Center as final and authorizing final payment on the contract with Wagner Construction of Hampton, Inc., in the amount of $32,294.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the promotion of Rachel Hernandez to the full-time position of Police Dispatcher as listed in the Personnel Report dated August 25, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated August 25, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA HIGH PERFORMANCE PARTNERSHIP PROJECT Mayor Hamann-Roland said that on August 16, 2005, the Dakota County Board of Commissioners presented a National Association of Counties 2005 Achievement Award Winner certificate to each city associated with the High Performance Partnerships (HiPP) Project. She thanked the City Council, staff, member cities, and the County for their efforts. The National Association of Counties recognized Dakota County and the HiPP Project as an innovative program that contributes to and enhances local government in the United States. MOTION: of Goodwin, seconded by Bergman, appointing Councilmember Erickson to serve on the Dakota Communications Center Board of Commissioners. Ayes - 5 - Nays - 0. Resolution No. 2005-150 MOTION: of Grendahl, seconded by Erickson, adopting approving the Joint Powers Agreement establishing the Dakota Communications Center, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, appointing Councilmember Bergman to serve as alternate to the Dakota Communications Center Board of Commissioners. Ayes - 5 - Nays - 0. MRS. APPLE VALLEY INTERNATIONAL 2006 Mayor Hamann-Roland congratulated Mary Kim Hudspeth who was recently crowned Mrs. Apple Valley International 2006 and presented her with the Mrs. Apple Valley International 2006 CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 5 banner. Mrs. Hudspeth has worked at various community events and said she is honored to represent Apple Valley. WIRSBO ADDITION – EASEMENT VACATION Mayor Hamann-Roland called the public hearing to order, at 8:21 p.m., to consider the vacation of drainage and utility easements along the north and east property lines of Lot 1, Block 1, Wirsbo Addition, and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed the request for vacating the easements which are no longer needed when the new plat, Wirsbo 2nd Addition, is filed. New drainage and utility easements will be dedicated on the new plat. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:25 p.m. Resolution No. 2005-151 MOTION: of Bergman, seconded by Erickson, adopting completing vacation of the drainage and utility easement on Lot 1, Block 1, Wirsbo Addition, and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. PROJECT 05-282, WIRSBO 2ND ADDITION IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:26 p.m., to consider Project 05- 282, Wirsbo 2nd Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Manson reviewed the preliminary engineering report dated July 6, 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 8:28 p.m. Resolution No. 2005-152 MOTION: of Goodwin, seconded by Bergman, adopting approving plans and specifications for Project 05-282, Wirsbo 2nd Addition Utility and Street Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on September 15, 2005. Ayes - 5 - Nays - 0. BARTON BUILDING – CONDITIONAL USE PERMIT Ms. Lovelace reviewed the request by JAM Business Properties for a Conditional Use Permit for outdoor storage of 16 commercial vehicles on the southeast end of the parking lot of the future James Barton Building, to be located on the southeast corner of Johnny Cake Ridge Road and 148th Street W. There are 56 parking spaces on the site, 40 for the occupants of the building and 16 for outdoor storage. City Code requires screening of outdoor storage. Staff recommended the applicant install a minimum 6-foot opaque fence. The Planning Commission voted unanimously to recommend approval with a recommendation that the screening fence materials are approved by City staff. Councilmember Bergman said he would prefer a see-through fence, such as the Seville, with landscaping. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 6 Mayor Hamann-Roland asked Police Chief Johnson if he had an opinion regarding the type of fence as it relates to public safety. Police Chief Johnson said there are two reasons the Police Department would prefer property owners did not install opaque fences: first, patrol officers are not able to observe activities as they drive by, and second, that type of fencing may be an invitation for graffiti. Resolution No. 2005-153 MOTION: of Bergman, seconded by Goodwin, adopting approving a Conditional Use Permit to allow outdoor storage of commercial vehicles on Lot 1, Bock 1, North Star Industrial Park 2nd Addition, for James Barton Building; and recommending installation of a fence similar to the Seville with landscaping, and requiring the fencing materials are approved by City staff; in addition to other conditions, as recommended by the Planning Commission. Ayes - 5 - Nays – 0. EDDIE CHENG’S RESTAURANT – VARIANCE AND CONDITIONAL USE PERMIT Mr. Lovelace reviewed the Planning Commission’s recommendation for a conditional use permit and parking variance for a 1,100 square foot carry-out only restaurant at 15265 Galaxie Avenue. The City’s traffic consultant has determined the new restaurant will have a peak demand of 9 parking spaces. Galaxie Commons has 100 off-street parking spaces. The current uses in the building have a parking demand of 99 spaces, leaving only 1 available parking space for the new restaurant. With no additional space available on site, the property owner has agreed to pay for the installation of bumpouts on the west side of Galaxie Avenue and north side of 153rd Street W. to provide 8 on-street parking spaces. The approximate cost of the bumpouts is $40,000.00. The property owner has expressed concern over the replacement lighting along the same area at a cost of approximately $45,000.00. Mayor Hamann-Roland questioned whether the assessments could be set up with a longer term. Mr. Dougherty said the City can provide a longer payment term. Councilmember Bergman stated he often drives by this area and has never seen the parking lot filled to capacity. He further stated he is not eager to tear Galaxie Avenue up again. Councilmember Goodwin also expressed concern about additional construction on Galaxie Avenue. Councilmember Grendahl said it may be difficult to determine actual parking needs at this time because of recent construction on Galaxie Avenue. Mayor Hamann-Roland agreed. Council discussed various options for accommodating parking, timing of construction on Galaxie Avenue, the potential impact to businesses, and funding mechanisms. Councilmember Grendahl asked if this item could be extended. Mr. Lovelace said it could be extended for 60 days. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 7 Mr. Randy Pederson, the property owner, described his concerns to the Council. Councilmember Erickson said he would prefer postponing the installation of additional parking until it is determined there is insufficient parking, provided the petitioner would install additional parking if and when it is necessary. Mayor Hamann-Roland asked Mr. Pederson if he would agree to a waiver of assessment. Mr. Pederson indicated he would check with his tenants. He then requested the other businesses south of County Road 42 be included in the project if he is required to install bumpouts and lighting. MOTION: of Grendahl, seconded by Bergman, tabling this item until September 8, 2005. Ayes - 5 - Nays - 0. COBBLESTONE LAKE – EXTENDED GRADING HOURS Mr. Lovelace reviewed the request by Tradition Development to extend grading hours for Cobblestone Lake 5th Addition and Cobblestone Lake South Shore. Normal grading hours are 6:30 a.m. to 5:30 p.m. Monday through Friday. The applicant would like to extend Monday through Friday hours to 7:00 p.m. and add grading on Saturdays between the hours of 6:30 a.m. and 3:30 p.m. Staff does not believe the requested hours for Monday through Friday would adversely impact adjacent properties, but suggests Saturday hours are limited from 8:00 a.m. to 3:30 p.m. Councilmember Bergman suggested grading not be extended past 5:00 p.m. on Fridays and 3:00 p.m. on Saturdays. Councilmember Erickson asked the estimated timeline to complete the grading. Mr. Lovelace said grading is anticipated to take nine weeks for both projects. MOTION: of Erickson, seconded by Goodwin, approving the extended grading hours for the Cobblestone Lake 5th Addition and Cobblestone Lake South Shore to 6:30 a.m. to 7:00 p.m. Monday through Friday, and to 8:00 a.m. to 3:30 p.m. on Saturday. Ayes - 4 - Nays - 1 (Bergman). CEMETERY COMMITTEE MOTION: of Erickson, seconded by Goodwin, accepting the resignations from Cemetery Advisory Committee Members John Raiche and Ranee Hadley, and thanking them for their dedicated service to the City of Apple Valley. Ayes - 5 - Nays - 0. PLANNING COMMISSION CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 8 MOTION: of Goodwin, seconded by Grendahl, accepting the resignation from Planning Commissioner James Hadley, and thanking him for his dedicated service to the City of Apple Valley. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting the current list of applicants and directing staff to contact them to confirm they are still interested in serving on the Planning Commission, and accepting new applications through September 8, 2005, with appointment scheduled for the meeting of September 22, 2005. Ayes - 4 - Nays - 1 (Goodwin). MOTION: of Goodwin, seconded by Erickson, approving the excused leave of absence request by Commissioner Thomas C. G. Helgeson from the Planning Commission from September 12, 2005, to December 8, 2005. Ayes - 5 - Nays - 0. SET SPECIAL MEETING MOTION: of Erickson, seconded by Grendahl, setting a Special City Council Meeting on September 6, 2005, at 3:00 p.m., at the Municipal Center, to consider the draft 2006 City budget. Ayes - 5 - Nays - 0. METROPOLITAN AIRPORTS COMMISSION AND RUNWAY TRAFFIC DISCUSSION Mayor Hamann-Roland invited the public to attend the Metropolitan Airports Commission (MAC) Open House scheduled to begin at 6:30 p.m. on August 30, 2005, at Scott Highlands Middle School. Resolution No. 2005-154 MOTION: of Grendahl, seconded by Goodwin, adopting requesting fair and equitable noise distribution associated with the opening of runway 17/35 at the Minneapolis - St. Paul International Airport, representation on the Metropolitan Airports Commission (MAC) Noise Oversight Committee, and additional monitors to accurately measure aircraft noise, and directing staff to forward the resolution to the Metropolitan Airports Commission; and further suggesting local legislators are present at the next MAC Open House. Councilmember Grendahl stated she is concerned over comments the FAA representative made at the last Open House and the potential impact on property values. Councilmember Bergman said MAC representatives initially stated Apple Valley would receive approximately 37 percent of departure flights. At the last Open House, they indicated Apple Valley would receive 43 percent. He asked which number is correct. Mr. Lawell said he believed it is 37 percent, but said staff will confirm the number. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 2005 Page 9 Councilmember Bergman said residents can go to macnoice.com to learn the distance their home is from the runway. However, he would also like to know the elevation associated with the distance. Vote was taken on the motion: Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Grendahl said the Minnesota Valley Transit Authority finalized its 2006 budget, which includes reinstating weekend service to Apple Valley, including the Minnesota Zoo. It will be a one-year trial beginning in March 2006. In addition, $170,000.00 was included in the budget for the County Road 31 park-and-ride. Councilmember Bergman asked where the City purchases its fuel, what impact fuel prices are having on the 2005 budget or may have on the 2006 budget, and what conservation methods are being utilized. Mr. Lawell said the City purchases bulk fuel off of the State contract. Departments are aware of the increasing cost of fuel and recognize the importance of conservation. The City has explored various fuel conservation technologies as well as looked at purchasing hybrid vehicles. Hybrid vehicles cost extra. Staff will continue to monitor the cost of fuel versus the higher price of the hybrid vehicle. The total fuel budget for 2006 was increased by an average of 12 percent. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated August 22, 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 Erickson, to pay the claims and bills, check registers dated August 3, 2005, in the amount of $4,523,121.33; August 10, 2005, in the amount of $469,602.28; August 17, 2005, in the amount of $5,974,706.52; and August 24, 2005, in the amount of $1,461,889.28. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:17 o’clock p.m.