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HomeMy WebLinkAbout03/09/2006 CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 9th, 2006, 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, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Acting Community Development Director Lovelace, Police Captain Rechtzigel, Human Resources Manager Strauss, Planning Intern Thomson, 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 Erickson, seconded by Bergman, removing item 4.H – Adopt Resolution Approving Knottywoods 3rd Addition Final Plat and Waiver of Subdivision Agreement, 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. Ms. Sheryl Petersburg of Dunn Bros. Coffee, 15265 Galaxie Avenue, voiced concern over the on- going road construction which has changed the access and made access to businesses in the Galaxie Commons building more difficult. As a result, two businesses have gone out of business and her business is experiencing a significant loss of sales. She stated additional businesses will close and/or suffer if the road is not opened up and free of detours. She asked the Council to restore 153rd Street to a two-way street. Staff reviewed anticipated schedules for additional road work and development in the area. The Council noted the owners of the Galaxie Commons building are also the owners of the adjacent property for which some of the construction work was scheduled. The Council asked staff to meet with the property owners to identify whether there is anything that can be done to improve or assist with directing traffic flow to the Galaxie Commons building. CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 2 Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. MOTION: of Grendahl, seconded by Bergman, moving consideration of item 4.L.3 – Agreement with South River Heating & Cooling, Inc., for 2006 HVAC Maintenance Services to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of February 23, 2006, as written. Ayes - 5 - Nays - 0. Resolutions No. 2006-36 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to MJM Foundation, for use on April 30, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolutions No. 2006-36 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to St. Hubert Catholic Community, for use on June 4, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing acceptance of a Minnesota Releaf Grant of $24,000.00 from the Minnesota Department of Natural Resources. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, receiving the Fire Department’s 2005 annual report. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, receiving the Traffic Safety Advisory Committee’s 2005 annual report. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the proposal for services from CNH Architects for Fire Alarm Panel Replacement as attached to the Assistant City Administrator’s memo dated March 9, 2006, and authorizing staff to proceed with planning and design work on the project. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the sale of total loss vehicles as attached to the Public Works Supervisor’s memo dated March 9, 2006, to AAA Auto Salvage for $1,750.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 3 MOTION: of Grendahl, seconded by Bergman, approving the release of financial guarantee for Summerfield 2nd Addition, Letter of Credit No. 832; and the reduction of financial guarantees for Summerfield 2nd Addition, Letter of Credit No. 830, from $68,400.00 to $25,650.00, and for Hazelwood from $14,750.00 to $4,500.00, as listed in the Community Development Secretary’s memo dated February 17, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-38 MOTION: of Grendahl, seconded by Bergman, adopting authorizing advertising for receipt of bids for Project 98-500, Embry Estates Utility and Street Improvements, at 2:00 p.m., on April 4, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-39 MOTION: of Grendahl, seconded by Bergman, adopting approving specifications for Quint Fire Apparatus with Pump & 75-Foot Ladder and All Other Equipment Specified; and authorizing advertising for receipt of bids, at 2:00 p.m., on April 19, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-40 MOTION: of Grendahl, seconded by Bergman, adopting approving plans and specifications for Project 05-307, 2006 Street Maintenance, and authorizing advertising for receipt of bids, at 10:00 a.m., on April 7, 2006. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement for Metal Fence Fabrication with Dakota Fence of Minnesota, in the amount of $20,749.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement for Sod Replacement Services with Quality Restoration Services, Inc., in an amount not to exceed $9,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement for Cemetery Mowing with Southside Lawn and Snow, Inc., in an amount not to exceed $9,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2006-41 MOTION: of Grendahl, seconded by Bergman, adopting awarding the contract for Installation of Irrigation, Sod, and Flagstone Planting Beds at Kelley Park to Friedges Landscaping, Inc., the low bidder, in the amount of $62,443.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the promotion of Jon Getting to the position of Technical Specialist as listed in the Personnel Report dated March 9, 2006. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 4 MOTION: of Grendahl, seconded by Bergman, approving hiring Mary Thelen to the full-time position of Human Resources Technician as listed in the Personnel Report dated March 9, 2006. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving hiring Dave Willman to the full- time position of Maintenance Worker I as listed in the Personnel Report dated March 9, 2006. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving hiring the seasonal employees as listed in the Personnel Report dated March 9, 2006. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA HVAC MAINTENANCE SERVICES AGREEMENT Councilmember Grendahl indicated she thought the labor rate for the agreement for Heating, Ventilating, and Air Conditioning (HVAC) Maintenance Services was high. Mr. Heuer said he believes the proposals received represent the going commercial rate. He then reviewed the process staff took to solicit proposals and the factors considered in determining the lowest bid. The Council asked how it was determined which companies received a Request for Proposal (RFP) and if both union and non-union companies were included. Mr. Heuer said reputable union and non-union companies in close proximity to Apple Valley were selected. Of the six companies who were sent RFP’s, two responded. Mayor Hamann-Roland asked if it could be sent back for other companies to bid. Mr. Heuer said a public notice could be placed in the newspaper. Councilmember Erickson questioned if the equipment is generic enough so that any contractor could complete the work. Mr. Heuer said there is some benefit to having a contractor who is familiar with the City’s facilities; however, any reputable contractor should be able to perform the work. Councilmember Erickson asked if HVAC maintenance would be a concern if action on this item were postponed. Mr. Heuer said it would not be a problem. The City would continue to contract HVAC maintenance services under the existing agreement. MOTION: of Erickson, seconded by Goodwin, directing staff to bring this item to a work session for further discussion. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 5 Councilmember Grendahl asked what the City was currently paying per hour for HVAC services. Mr. Heuer said he did not know off the top of his head but would provide that information at the work session. Vote was taken on motion: Ayes - 5 - Nays - 0. CVS PHARMACY Ms. Dykes updated the Council on a request by Velmeir Companies for CVS pharmacy to rezone two lots, located on the southwest corner of County Road 42 and Galaxie Avenue in order to build a pharmacy. The request as first presented on February 6, 2006, was to rezone the property from “GB” (General Business) to “RB” (Retail Business). At that meeting, the Council determined that “RB” would not be appropriate and asked staff to work with the applicant to rezone the property to “PD-244” (Planned Development), which allows for standard retail uses. The site had been zoned “PD-244” previously, but was changed in 1984 to accommodate a car dealership. Because certain uses may not be appropriate on the site, the City Attorney drafted a Planned Development Agreement listing conditions of the rezoning. The applicant is also requesting a Conditional Use Permit to allow for a drive-thru pharmacy window and drive lane. Based on the revised location of the drive-thru window, the City’s Traffic Consultant has determined it is no longer necessary to extend the median on 151st Street. The Planning Commission recommended approval of the Conditional Use Permit. Ms. Dykes then reviewed the site plan which shows a 12,900 square foot, one-story pharmacy on the southeast portion of the property. The entrance was moved from the northeast corner of the building to the northwest corner. The revised grading plan shows adequate on-site infiltration and drainage. Ms. Dykes presented a preliminary drawing of the gateway sign for the corner of County Road 42 and Galaxie Avenue. Exhibit E of the Planned Development Agreement will contain the gateway signage plan. She noted the Agreement cannot be signed without the City’s review and approval of the gateway signage plan. Councilmember Bergman asked what can be done to prevent cars entering the exit only on 151st Street. Ms. Dykes said in addition to signage and the fact the exit is only 18 feet wide, it may be possible to make the curve an even more difficult turn. Councilmember Erickson indicated he is happy to hear the developer is willing to work with the City on signage at the corner of County Road 42 and Galaxie Avenue, but stated he is not willing to demand signage similar to that of Fischer Market Place. Councilmember Goodwin talked about uniformity along the ring route, and said there was a time when the corner planter was the standard and a requirement along the ring route. He also CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 6 expressed concern over the appearance of the Dakota Electric Association substation to the east of the proposed development. He noted the electrical substation on 160th Street in Lakeville is hidden behind a stucco fence. He strongly urged staff to pursue conversations with representatives of Dakota Electric to try to get a similar treatment around the substation on County Road 42 and Galaxie Avenue. Mr. Lawell said Dakota Electric was on the agenda for the informal meeting scheduled this evening. Staff will try to schedule Dakota Electric for the April 13, 2006, informal meeting. Councilmember Bergman and City Administrator Lawell provided some details regarding cost and installation of the fence in Lakeville. The Council discussed how Apple Valley might be able to get a fence similar to the one in Lakeville. Councilmember Grendahl suggested discussions regarding the fence be elevated to Dakota Electric Association’s Board of Directors. Councilmember Bergman said he is not comfortable with the fortress-type signage presented by CVS Pharmacy. He questioned whether it was to be placed on public or private land. He also expressed concern about the retailer placing additional signage in and/or around the building. Ms. Dykes said additional signage would be subject to the City’s sign ordinance which is fairly restrictive. Mayor Hamann-Roland continued the public hearing from February 23, 2006, at 9:16 p.m., on the ordinance amendment rezoning the property located on Lot 1, Block 1, Southport First Addition and Lot 1, Block 1, Southport Third Addition from “GB” to “PD-244” and noted receipt of the affidavit of publication of the hearing notice. No written objections were received. The Mayor asked for questions or comments from the Council and the audience. Mr. Jim LaValle, of Velmeir Companies, said it has been difficult to come up with a final design for the gateway sign because they were unclear as to whether or not the standard ring route element was to stay or be removed. Mayor Hamann-Roland said she would like to see signage that calls out the Central Village area and appreciates the developer’s willingness to help. Councilmember Erickson said he does not feel this developer should be responsible to help advertise an area in which he has no interest. The Council discussed the possibility of have continuing discussions regarding the signage at a work session. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 7 Mr. Jay Benanav, of CVS Pharmacy, asked the Council to make a decision this evening so that the project may continue. He stated CVS Pharmacy will comply with whatever decision the Council makes. Councilmember Goodwin asked if the City might end up with signage it does not like if approval is granted on the other items. Ms. Dykes explained that the gateway sign plan needs final approval by the City before the Planned Development Agreement may be executed. City Attorney Dougherty recommended a change in the language on Exhibit F of the Planned Development Agreement and in the resolution authorizing issuance of a building permit. The Mayor asked again for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:26 p.m. Ordinance No. 789 MOTION: of Erickson, seconded by Goodwin, passing rezoning property located at Lot 1, Block 1, Southport First Addition and Lot 1, Block 1, Southport Third Addition (15051 Galaxie Avenue) from “GB” (General Business) to “PD-244” (Planned Development) subject to the execution of the Planned Development Agreement, with the change as recommended by the City Attorney; and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 1 (Bergman). Resolution No. 2006-42 MOTION: of Goodwin, seconded by Erickson, adopting approving a Conditional Use Permit to allow for a drive-thru pharmacy window and drive lane to be located on Lot 1, Block 1, Southport First Addition, with the change as recommended by the City Attorney. Ayes - 4 - Nays - 1 (Bergman). Resolutions No. 2006-43 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of an approximately 13,000 square foot, one-story pharmacy on Lot 1, Block 1, Southport First Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Bergman). Mayor Hamann-Roland called a recess at 9:30 p.m. Mayor Hamann-Roland resumed the meeting at 9:36 p.m. SOUTH SURREY TRAIL VARIANCE REQUEST Mr. Lovelace reviewed a request for a variance to exceed the 750 square foot maximum building area to construct a 1,040 square foot accessory building on a .98 acre parcel located at 135 South Surrey Trail. A structure requiring a building permit may not be built on an outlot. In order to receive a building permit, the petitioner would be required to consolidate his lot and outlot. If a CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 8 variance was granted, the petitioner would also be required to remove an existing gazebo from the property. The Planning Commission expressed concern with the building’s exterior and the number of openings. The revised plans indicate masonite siding and a shingled roof as well as increased windows and doors. Mr. Lovelace indicated the building is to be used for wrestling and training equipment. He stated staff asked the petitioner about the possibility of an addition to his home. The petitioner indicated an expansion would block bedroom windows and limit escape routes. Two residents have indicated their opposition to the variance. The Planning Commission recommended approval of the variance subject to conditions. Councilmember Bergman asked about vehicles parking on the gravel driveway. Mr. Lovelace said the driveway is overgrown with grass and appears as though it has not been used for many years. However, if it was used for parking vehicles, it would have to be paved. Mayor Hamann-Roland asked why it was necessary to construct a building larger than 750 square feet. Mr. Jason DeVos, the applicant, said the space is needed for equipment storage and safety reasons. Councilmember Erickson said he is concerned the neighbor closest to the proposed structure is opposed. Councilmember Grendahl noted one of the neighbors who is opposed did not know the size of the structure. She asked if others were clear on the size of the building. Mr. DeVos said he informed his neighbors of the size of the building when he approached them for their signature. Mr. Lovelace also said it is called out on the top of the petition the neighbors signed. Councilmember Bergman said he does not see a hardship or difficulty. He questioned limitations future users may have on the property and asked if there would be traffic or safety concerns with the road. Mayor Hamann-Roland asked for clarification on whether or not approving this variance will set a precedence. City Attorney Dougherty said the City Council’s actions will set precedence for future property owners seeking a variance with similar circumstances. The Council discussed potential concerns regarding use of this structure at a time it is no longer needed for wrestling by this property owner or at a time when the property may be sold. Councilmember Goodwin questioned whether the use was appropriate in a single family neighborhood. Mayor Hamann-Roland asked how many square feet a tennis course is. She noted the Council appear to have several questions and wondered if more research should be done. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 9 Councilmember Grendahl asked if the Council had not recently issued a variance for a large garage and tennis court near her home. Councilmember Erickson remembered the Council had denied a variance for a 6- to 8-car garage off of Gladiola Way. Councilmember Grendahl asked the petitioner if there would be a hardship if the decision was delayed until additional information was gained. Mr. DeVos said he could wait. MOTION: of Goodwin, seconded by Bergman, directing staff to further research the matter. Councilmember Grendahl asked staff to include information regarding the variance request on the Radical property. Councilmember Erickson asked staff to include information regarding the variance request on the garage north of 139th Street off of Gladiola Way. Vote was taken on the motion. Ayes - 5 - Nays - 0. CHANGE INFORMAL MEETING TIME Mr. Lawell said the gateway signage issue for CVS Pharmacy and the Dakota Electric Association substation issue will be scheduled for the next informal meeting unless the Council would like to set a special meeting to discuss these items. Another option would be to increase the start time of the regularly scheduled informal meeting. MOTION: of Goodwin, seconded by Bergman, approving a change in start time of 6:00 p.m. for the informal meeting previously set for April 13, 2006. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Grendahl said Carmike Cinemas has given notice to the Minnesota Valley Transit Authority they intend to tow vehicles using their parking lot for overflow parking to the park-n- ride. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Erickson, approving the calendar of upcoming events as included in the City Clerk’s memo dated March 6, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2006 Page 10 MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated March 1, 2006, in the amount of $2,808,195.68; and March 9, 2006, in the amount of $334,461.71. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:07 o’clock p.m.