Loading...
HomeMy WebLinkAbout03/09/2000CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 9th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Roland ; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Police Chief Erickson, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, Assistant Planner Milton, and Administrative Assistant Pederson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of February 24th, 2000, as written. Ayes - 5 - Nays - 0. Resolution No. 2000-50 MOTION: of Grendahl, sec onded by Sterling, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Southview Elementary School PTO, for an event on May 19th, 2000, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Page 2 Resolution No. 2000-51 MOTION: of Grendahl, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on April 13, 2000, on the application of LeCarnassier LLC, d/b/a Red Robin Restaurant, for on-sale and Sunday liquor licenses at 15560 Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement with Dakota County Community Development Agency and Fraser Community Services for use of Community Development Block Grant funds, as attached to the Community Development Director’s memo dated March 6, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-52 MOTION: of Grendahl, seconded by Sterling, adopting ordering installation of Project 99-108, Regatta 3rd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 2000-53 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 99-108, Regatta 3rd Addition Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on April 6, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-54 MOTION: of Grendahl, seconded by Sterling, adopting revising the descriptions of Municipal State Aid Street designations on Dodd Boulevard and on Diamond Path Road originally designated by Resolutions No. 1998-79 and 1999- 43. Ayes - 5 - Nays - 0. Resolution No. 2000-55 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Apple Valley Community Center Parking Lot Improvements; combining it with Project 99-123, 2000 Street Maintenance Program; and revising the date for receiving bids to April 6, 2000, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Grendahl, sec onded by Sterling, approving Change Order No. 1 to the contract with Widmer, Inc., for Project 98-823, Farquar Lake Outlet, in the amount of an additional $15,046.90. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Hockey Rinks at Johnny Cake Ridge Park West as final and authorizing final payment on the contract with Nadeau Utility, Inc., in the amount of $13,173.13. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Confidentiality and Ownership Agreement with Bonestroo, Rosene, Anderlik & Associates, Inc., for Geographic Information System (GIS/MAP) services as attached to the Acting Public Works CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Page 3 Director’s memo dated March 9, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reclassification of the MIS Coordinator position to IT Manager, at pay scale 11, as listed in the Personnel Report dated March 9, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA TIMBER RIDGE TOWNHOMES UTILITY IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:02 p.m., to consider Project 99- 124, Timber Ridge Townhomes (Outlot A, Hallwood Highlands) Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated February 2, 1000, describing utility construction for the 15 lots. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:03 p.m. Resolution No. 2000-56 MOTION: of Goodwin, seconded by Sterling, adopting ordering installation of Project 99-124, Timber Ridge Townhomes Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 2000-57 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 99-124, Timber Ridge Townhomes Utility Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on April 6, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing issuance of model home permits for construction on Lots 4 and 5, Block 1, Timber Ridge Townhomes, as described in the Assistant Planner’s memo dated March 3, 2000. Ayes - 5 - Nays - 0. MYERS PROPERTY TOWNHOMES Mr. Lovelace reviewed the Planning Commission recommendation on a proposed rezoning and preliminary plat for 21 townhouse dwellings, on the Myers property, at the southwest corner of 132nd Street and Galaxie Avenue. A drainage easement on Greenleaf Elementary School property, to the south, will be required before a final plat can be filed and the City Attorney is working with the School District on the issue. Councilmember Grendahl asked if development of the site as single family lots has ever been considered? Mr. Lovelace said there has never been a request for a single family subdivision on the 4.5-acre site. A member of the Planning Commission felt it might be more appropriate for CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Page 4 single family homes due to surrounding development. However, another developer is preparing a plan for 35 townhouse dwellings on the northwest corner of this intersection. Mayor Hamann-Roland said the traffic analysis discussed a potential future need for left turn lanes on Galaxie Avenue and asked if that should be addressed? Mr. Lovelace said the City Engineer reviewed the report and there is sufficient right-of-way on Galaxie Avenue to construct turn lanes if needed. MOTION: of Sterling, seconded by Grendahl, referring the proposal for 21 townhouse dwellings at the southwest corner of 132nd Street and Galaxie Avenue back to Diedrich Builders to consider whether the site could be developed as single family home lots. Mr. Dougherty said because the request is for rezoning and preliminary plat approval, there is a time limit for the Council to act unless the developer agrees to a delay. Mr. Diedrich, the developer, was present and said he would agree to a delay. He said one difficulty with the site is that single family lots require a public street with a 60-foot wide right-of-way. The private street shown is 28 feet wide and allows townhouses on both sides. The property has 589 feet of frontage along 132nd Street. At 85 feet wide, only seven very deep lots could be developed along 132nd street. He said he could look at some type of zero lot line homes. MOTION: of Goodwin, seconded by Erickson, amending the foregoing motion by requesting the developer to consider other options or alternate building plans to make the best use of the property at the southwest corner of 132nd Street and Galaxie Avenue. Ayes - 5 - Nays - 0. Vote was taken on the main motion as amended. Ayes - 5 - Nay - 0. Mr. Dougherty said since Mr. Diedrich has consented to the delay; the time limit for the Council to act on the proposal is suspended. ORCHARD POINTE TOWNHOUSE DEVELOPMENT Mr. Lovelace reviewed the Planning Commission recommendation on a proposed rezoning and preliminary plat for 278 townhouse units between future Foliage and Flagstaff Avenues at 153rd Street. It will be developed in two phases, north and south of 153rd Street. The intersection of 153rd and Foliage will be moved about 60 feet farther south than shown on the preliminary plat and the interior private street on the south will be realigned. A drainage easement, for the north tributary of the Vermillion River, will be relocated at the northeast corner of the property. Councilmember Sterling asked how many townhouse units are now in the City? Mr. Kelley said land use plans for the City at saturation development indicate 55 to 60 percent will be single CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Page 5 family homes and the remainder townhomes and multiple residential. It is presently about 75 percent single family homes. Both Burnsville and Eagan are at about 50 to 60 percent single family homes. MOTION: of Goodwin, s econded by Erickson, directing preparation of a planned development zoning ordinance for Orchard Pointe, located between future Foliage and Flagstaff Avenues at 153rd Street, to allow a 278 townhouse development on 42.4 acres; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-58 MOTION: of Grendahl, seconded by Goodwin, adopting approving the preliminary plat of Orchard Pointe Addition, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-59 MOTION: of Erickson, seconded by Grendahl, adopting authorizing issuance of building permits for Orchard Pointe Townhomes, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-60 MOTION: of Goodwin, seconded b y Sterling, adopting ordering preparation of a preliminary feasibility report for Project 98-810, Orchard Pointe Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. APPLE VALLEY PLAZA MULTI-TENANT BUILDING Mr. Milton reviewed the Planning Commission recommendation for a 13,440 square-foot multi- tenant building at the southeast corner of County Road 42 and Gleason Path. At least one tenant will be a Class II restaurant requiring a rezoning. She reviewed the parking lot and sign setback variances requested due to additional right-of-way required by Dakota County for County Road 42. The parking lot will contain 90 spaces and the site replatted to provide the right-of-way. Councilmember Sterling asked whether the issue of a potential drive-thru for a Class II restaurant needs to be addressed on the site? Mr. Kelley said a drive-thru is a conditional use in this zone and would require Council action. Unless a building is specifically designed for a drive-thru, it would be difficult to add later. Ordinance No. 668 MOTION: of Erickson, seconded by Goodwin, passing rezoning Outlot A, Southport 2nd Addition, at the southeast corner of County Road 42 and Gleason Path, from Planned Development Designation No. 244, Zone 1, to Zone 2 as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-61 MOTION: of Grendahl, seconded by Sterling, adopting authorizing issuance of a building permit for a multi-tenant building on Outlot A, Southport 2nd Addition (being replatted as Apple Valley Plaza), and granting setback CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Page 6 variances for the parking lot and pylon sign; with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE KWIK TRIP CONVENIENCE STORE Mr. Lovelace reviewed the Planning Commission recommendation on a building permit for a Kwik Trip convenience store, in Fischer Market Place, at the northeast corner of County Road 42 and Foliage Avenue. He reviewed the location of the detached car wash building and reconfigured site plan to allow access from Florence Trail. Resolution No. 2000-62 MOTION: of Erickson, seconded by Sterling, adopting approving a Conditional Use Permit for Kwik Trip, Inc., to allow motor fuel sales, on Lot 2, Block 1, Fischer Market Place 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-63 MOTION: of Goodwin, seconded by Sterling, adopting approving a Conditional Use Permit for Kwik Trip, Inc., to allow a car wash as an accessory to motor fuel sales, on Lot 2, Block 1, Fischer Market Place 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-64 MOTION: of Grendahl, seconded by Erickson, adopting authorizing issuance of a building permit for construction of a Kwik Trip convenience store on Lot 2, Block 1, Fischer Market Place 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. PROJECT 00-127, STORM SEWER POND EVR-P44 Mr. Lawell reviewed the City Engineer’s memo, dated March 6, 2000, requesting continuation of the public hearing scheduled for Project 00-127, Storm Sewer Pond EVR-P44, until March 23, 2000. Negotiations are continuing to have the property owner construct the pond and sell it to the City. If this approach proceeds, it may not be necessary to construct the pond as a public project. Mayor Hamann-Roland opened the public hearing, at 9:30 p.m., and noted receipt of the affidavit of publication of the hearing notice. She asked for questions or comments from the Council and the audience. Mark Ceminsky, 14625 Hallmark Drive, said he is concerned about the size of the pond and the CAMAS gravel mining operation. In 1989, there was a plan showing a 75-acre lake in the southern portion of the City after gravel mining was completed. It is now being reduced to a 40- acre pond with a four-foot rise for storm water storage. He questioned whether it will be adequate for holding storm water. There were no other comments. The hearing was continued to March 23, 2000, at 8:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Page 7 AGGREGATE INDUSTRIES (CAMAS)/NORDIC SQUARE GRAVEL MINING Mr. Lovelace reviewed the Planning Commission recommendation on expansion of the Nordic Square gravel mining operation along the east side of Pilot Knob Road and an amended end use plan. The first part of the request is to include a 41.5-acre site north of Dodd Boulevard to the existing conditional use permit. The second part of the request relates to a 25-acre site directly north of that. It is for a Comprehensive Plan amendment, rezoning, and conditional use permit for gravel mining. The Dodd Boulevard roadbed will be mined and its intersection with Pilot Knob Road moved north. All access during mining will be at the intersection of 160th Street and Pilot Knob Road. He reviewed the proposed phasing and end use plan for a mixed use development being referred to as Cobblestone Lake. In 1989, an Environmental Impact Statement (EIS) was prepared showing a larger lake. It also anticipated removal of more material in the mining operation. The 40-acre pond now proposed is adequate for the material being removed and the drainage area involved. Dan Quie, of Aggregate Industries (CAMAS), was present to answer questions. Mr. Lovelace said, as part of this process, the 1989 EIS is being reviewed to determine if this proposal is consistent with its findings. Resolution No. 2000-65 MOTION: of Goodwin, seconded by Sterling, adopting authorizing submitting to the Metropolitan Council an amendment to the Comprehensive Plan, for temporary Sand and Gravel Overlay Designation on a 25-acre site in the, Northwest Quarter of Section 36, east of Pilot Knob Road. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, directing preparation of condi tional use permit documents for amended and expanded sand and gravel mining on property north of Dodd Boulevard and east of Pilot Knob Road by Aggregate Industries, Inc. Ayes - 5 - Nays - 0. ORDINANCE REGULATING MANUFACTURED HOME PARK CLOSINGS Mr. Kelley reviewed his memo dated March 6, 2000, describing a proposed ordinance, amending Chapter 13 of the City Code, regulating manufactured home park closings. A task force of park residents, park owner/managers, and All Parks Alliance for Change met to review the issues and provisions developed for the ordinance. Key provisions of the ordinance: limit total resident compensation to 25 percent of the park’s market value; define and list compensable costs; and allow displaced residents to tender title to homes and receive market value if they cannot find a replacement site within School District 196 rather than within 25 miles. Mayor Hamann-Roland noted that John Bergman was present who also participated in the task force as a representative of the Planning Commission. She also thanked the residents for working CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 2000 Page 8 with the City to prepare the ordinance. The Council accepted the first reading of the ordinance. It will be scheduled for a second reading March 23, 2000. URBAN AFFAIRS COMMITTEE VACANCY Mr. Lawell reviewed the memo dated March 6, 2000, listing applicants for the vacancy on the Urban Affairs Committee. Mayor Hamann-Roland called for nominations for the vacancy for a term expiring March 1, 2001. Councilmember Sterling nominated Mark Ceminsky, Lynn Collmann, Robert Crawford, Ron Hedberg, Brian McDaniel, Patricia Mraz, Rudy Rudina, and Sandy Wagner. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Sterling, seconded by Grendahl, accepting the eight nomination s for Urban Affairs Committee and amending the previously adopted appointment process to reduce the number of candidates selected by three, then two, and then one in each successive round of balloting. Ayes - 5 - Nays - 0. The City Clerk distributed ballots to the Council who were asked to each select five names from the eight nominees. After selections were made, they were tallied and the Clerk announced that five names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the Clerk announced that three names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the Clerk announced that two names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Clerk announced that the name remaining was Sandy Wagner. MOTION: of Sterling, seconded by Grendahl, appointing Sandy Wagner to the Urban Affairs Committee for a term expiring March 1, 2001. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated March 6, 2000, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated March 1, 2000, in the amount of $4,832,111.73; and March 8, 2000, in the amount of $302,322.78. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:14 o’clock p.m.