Loading...
HomeMy WebLinkAbout02/09/2006 CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 9, 2006, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Goodwin. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Rechtzigel, 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 Goodwin, removing item 5.B.1 – Resolution Approving Embry Estates Final Plat and Subdivision Agreement from the regular agenda, 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 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 Goodwin approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of January 26, 2006, as written. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, receiving the Cemetery Advisory Committee’s 2005 annual report. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 2006 Page 2 MOTION: of Bergman, seconded by Goodwin, approving renewal of the 2006 Commercial Extraction Permit for Aggregate Industries, on part of Section 36, as described in the Acting Community Development Director’s memo dated February 6, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Second Amendment to the Cobblestone Lake South Shore Restoration and Subdivision Agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Friedges Contracting Company, for Project 05-282, Wirsbo 2nd Addition Utility and Street Improvements, in the amount of $5,929.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the promotion of Mike Glewwe to the position of Public Works Superintendent as listed in the Personnel Report dated February 9, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the promotion of Rick Glewwe to the position of Technical Specialist as listed in the Personnel Report dated February 9, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the promotion of Adam Keeler to the position of Police Officer as listed in the Personnel Report dated February 9, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the transfer of Bill Powers to the Building/Fleet Maintenance Division as listed in the Personnel Report dated February 9, 2006. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the transfer of Todd Weiss to the Parks and Recreation Department as listed in the Personnel Report dated February 9, 2006. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CVS PHARMACY Ms. Dykes reviewed the request by Velmeir Companies to rezone two lots located on the southwest corner of County Road 42 and Galaxie Avenue from “GB” (General Business) to “RB” (Retail Business) in order to build a pharmacy. The lots total approximately three acres. The site had been zoned “PD-244” (Planned Development), which allowed for retail business, but was changed in 1984 to accommodate a car dealership. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 2006 Page 3 The applicant has also requested a Conditional Use Permit to allow for a drive-thru pharmacy window and drive lane. The City’s Traffic Consultant has recommended the location of the drive- thru be moved to the south of the building to provide better traffic flow. Ms. Dykes further reviewed the site plan which shows a 12,900 square foot, one-story pharmacy on the southeast portion of the property and a decorative pedestrian plaza on the northeast corner of the property. The details of the plaza area are yet to be defined. She noted the Fire Marshal indicated an additional hydrant needs to be installed on the property and the City Engineer expressed concerns over lack of on-site infiltration and drainage. The Planning Commission recommended approval. Councilmember Erickson noted several issues have yet to be resolved. He would also like to see more specifics called out before the property is rezoned. Councilmember Goodwin said because this is an important corner to the Central Village concept, he too would like more specifics before rezoning the property. Councilmember Bergman agreed, stating he would like to be presented with the entire package, including plans for the adjacent business. The Council asked the City Attorney to assist in ensuring certain conditions are met. Mr. Dougherty said those conditions would be tied to this project. Once the property is rezoned, any approved use could petition for a building permit. A Planned Development is the best vehicle to enforce conditions on the property. Jim LaValle, of Velmeir Companies, acknowledged there are many details yet to be worked out. One item he believes is resolved is the drainage issue. He presented a revised grading plan. Susan Fussell, civil engineer for Loucks McLagan, reviewed the changes. Councilmember Bergman stated he would like the City Engineer to confirm those calculations. The Council discussed the possibility of changing this property to a Planned Development. Jim LaValle said a number of parties will need to agree on a Planned Development, because they have not yet purchased the property. Tom Roberts said he has the property under contract from Mike Grossman. He expressed concern with a Planned Development. He asked the Council if the concept presented this evening was close to a project they would accept. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 2006 Page 4 Councilmember Erickson said he is fine with CVS Pharmacy coming to Apple Valley, but he needs to know that the drainage issue, revised drive-thru location, and other details discussed earlier are resolved. Councilmember Bergman said his main concern is the rezoning. He would like to know what other business is going in that area. Councilmember Goodwin stated he felt the project has come a long way. He would recommend proceeding with a Planned Development. MOTION: of Goodwin, seconded by Bergman, tabling this item until February 23, 2006, to provide staff and the petitioner time to work out the details of a Planned Development for Lot 1, Block 1, Southport First Addition and Lot 1, Block 1, Southport Third Addition (15051 Galaxie Avenue). Ayes - 4 - Nays - 0. EMBRY ESTATES, PROJECT 98-500 Mr. Manson recapped previous actions regarding the Embry Estates Utilities and Streets Improvements project. The public hearing was held on June 9, 2005, and the project was ordered on July 21, 2005. Bids were received. A final plat could not be prepared due to problems with the developer’s platting process. The Council rejected all bids on September 8, 2005. The developer has indicated the issues relating to the plat have been resolved and has asked the City to move ahead with this project. Resolution No. 2006-26 MOTION: of Goodwin, seconded by Bergman, adopting approving plans and specifications for Project 98-500, Embry Estates Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 14, 2006. Ayes - 4 - Nays - 0. SET SPECIAL MEETINGS MOTION: of Goodwin, seconded by Bergman, setting a special informal City Council meeting, at 7:00 p.m., on April 27, 2006, at the Municipal Center, for the purpose of discussing issues with the Cemetery Advisory Committee. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Bergman, canceling the November 7, 2006, meetings and rescheduling the informal meeting at 6:30 p.m. and the regular meeting at 8:00 p.m. on November 9, 2006. Ayes - 4 - Nays - 0. 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 February 6, 2006, and noting that each CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 2006 Page 5 event listed is hereby deemed a special meeting of the City Council. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, setting a special informal City Council meeting on February 15, 2006, at 1:00 p.m., at Richfield City Hall, 6700 Portland Avenue, Richfield, MN, to attend a subcommittee meeting of the Noise Oversight Committee (NOC). Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated February 1, 2006, in the amount of $2,054,246.30; and February 8, 2006, in the amount of $372,914.03. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:58 o’clock p.m.