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HomeMy WebLinkAbout03/23/2006 CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 23rd, 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 – CELEBRATION OF SPRING 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. Pam McCarthy, Secretary of the Apple Valley Foundation, was present and described activities and entertainment planned for the seventh annual “Celebration of Spring” at the Minnesota Zoo. She invited everyone to attend the free event on Saturday, April 20, 2005, from 6:00 to 10:00 p.m. There will be music, dance performers, exhibits, and a silent auction with all funds raised used to benefit local school arts programs. CONSENT AGENDA 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 CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2006 Page 2 MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of March 9, 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. 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. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2006 Page 3 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. 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. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2006 Page 4 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 JOEY’S ONLY SEAFOOD RESTAURANT ON-SALE WINE & BEER LICENSES Mayor Hamann-Roland called the public hearing to order at 8:08 p.m. to consider the application of Planned Enterprises, LLC, d/b/a Joey’s Only Seafood Restaurant, for an on-sale wine license and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the application as described in her memo dated November 5, 2004. The licensed premises is a new restaurant in a building being remodeled at 14638C Cedar Avenue. Mr. Paul Wilmes, the applicant, was present and described the restaurant indicating they plan to open December 7, 2004. Councilmember Bergman asked if parking would be an issue if the restaurant is successful. Mr. Wilmes said the restaurant seats 76 and meets the City’s parking requirements but there may be times when parking is crowded. He will be meeting with the landlord this week who has the potential to add some parking spaces if needed. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:16 p.m. Resolution No. 2004-222 MOTION: of Goodwin, seconded by Erickson, adopting approving issuance of 2004 and 2005 on-sale wine and 3.2 percent malt liquor licenses to Planned Enterprises, LLC, d/b/a Joey’s Only Seafood Restaurant, for premises in Cedar Marketplace, at 14638C Cedar Avenue, subject to approval of the wine license by the Minnesota Commissioner of Public Safety and completion of the remodeling. Ayes - 5 - Nays - 0. 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 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. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2006 Page 5 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. 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. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2006 Page 6 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 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.