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HomeMy WebLinkAbout04/27/2000CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 27th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Rola nd; 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, Assistant Planner Bodmer, Police Chief Erickson, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, and Assistant Planner Milton. 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 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Ste rling 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 April 13th, 2000, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, proclaiming April 28, 2000 as “Arbor Day” and May 2000 as “Arbor Week” and urging citizens to become more aware of the importance of trees and participate in tree planting programs. Ayes - 5 - Nays - 0. Resolution No. 2000-87 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to St. Hubert Catholic Community, for an event on June 4th, 2000, at CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 2 Apple Valley Ford, 7200 West 150th Street; and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a temporary license for an outdoor special event to Apple Place Bowl, on June 18, 2000, from 3:00 p.m. to 10:30 p.m., for use in the parking lot on the east side of the building at 14917 Garrett Avenue; with conditions as described in the City Clerk’s memo dated April 24, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterli ng, approving the outdoor seating plan for LeeAnn Chin Chinese Cuisine, along the north side of the building, at 7638 West 150th Street, for four four-seat tables, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-88 MOTION: of Grendahl, secon ded by Sterling, adopting approving 2000 Special Assessment Roll No. 480, delinquent utility charges in the amount of $46,781.61, and setting a public hearing on it, at 8:00 p.m., on May 25, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-89 MOTION: of Gr endahl, seconded by Sterling, adopting approving 2000 Special Assessment Rolls No. 481 through 484, public improvements in the amount of $249,668.00, and setting a public hearing on them, at 8:00 p.m., on May 25, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-90 MOTION: of Grendahl, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on May 25, 2000, to consider vacating drainage and utility easements on Lots 5 and 6, Block 2, Heritage Hills 3rd Addition (being replatted as Heritage Hills 8th Addition). Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a Natural Resources Management Permit for subdivision grading of Cedar Homes 1st Addition as recommended by the City Engineer in his memo dated April 21, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a Natural Resources Management Permit for subdivision grading of Orchard Pointe Addition as recommended by the City Engineer in his memo dated April 24, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of subdivision financial guarantees for: Rodeo Hills 1st Addition, from $5,200.00 to 0; Rodeo Hills 2nd Addition, from $6,563.00 to 0; Rodeo Hills 3rd Addition, from $49,761.00 to CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 3 $10,835.00; and Rodeo Hills 4th Addition, from $50,600.00 to $22,623.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, continuing the public hearing on Project 00- 127, Storm Sewer Pond EVR-P44 Construction to May 11, 2000, at 8:00 p.m., as requested in the City Engineer’s memo dated April 24, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-91 MOTION: of Grendahl, seconded by Sterling, adopting designating 2.92 miles of additional streets on the Municipal State Aid Street System as described in the City Engineer’s memo dated April 21, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-92 MOTION: of Grendahl, seconded by Sterling, adopting awarding the purchase of a cab and chassis for a Park Maintenance garbage truck to Iten Chevrolet, the low bidder, in the net amount of $23,550.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Cemetery Mowing and Trimming Services with Michael Trenary, d/b/a Michael’s Lawn Care and Snowplowing Service, as attached to the Public Works Supervisor’s memo dated April 27, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Concrete Removal and Replacement Services with Gallagher’s, Inc., as attached to the Public Works Supervisor’s memo dated April 27, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approvi ng an Agreement for Sod Replacement Services with Gallagher’s, Inc., as attached to the Public Works Supervisor’s memo dated April 27, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterl ing, approving an Agreement with Braun Intertec Corporation for Special Inspection and Construction Testing Services for the Municipal Center Project, as attached to the Assistant to the City Administrator’s memo dated April 24, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Fireworks Display Agreement with RES Specialty Pyrotechnics, Inc., to provide a display on July 4, 2000, as attached to the City Clerk’s memo dated April 24, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 4 MOTION: of Grendahl, seconded by Sterling, authorizing transfer of cable television and telecommunications legal files to the firm of Creighton, Bradley & Guzzetta, LLC, as requested in the Assistant to the City Administrator’s memo dated April 24, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, appointing Mayor Hamann-Roland, for a three- year term, as the Group AA delegate to the Black Dog Watershed Management Organization, representing the Cities of Apple Valley and Eagan, as recommended in the Natural Resources Coordinator’s memo dated April 10, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reorganizat ion and reclassification of Parks and Recreation Department program and administrative positions, including establishing Recreation Supervisor 1 and 2 and Superintendent positions, as requested in the Human Resources Manager’s memo dated April 27, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the seasonal employees, as listed in the Personnel Report and Addendum dated April 27, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA GARDEN VIEW DRIVE TRAFFIC ISSUES Mr. Lawell reviewed his memo dated April 27, 2000, describing follow-up related to traffic issues on Garden View Drive as a result of an informal meeting held April 25, 2000, at Valley Middle School. Three measures were identified to address immediate concerns; County involvement in street alignment, input on the proposed subdivision in Lakeville, and citizen participation in the process. He reviewed a draft letter from the Council to Lakeville objecting to proposed realignment of Highview Avenue to connect with Garden View Drive at County Road 46. He reviewed a draft letter from the Council to Dakota County asking for its direct participation in working with Apple Valley and Lakeville to reach a solution for the intersections. Finally, Mr. Lawell outlined citizen participation via formation of a 10-member committee, supported by City Staff and the Traffic Engineer, to evaluate options. The committee would include two representatives from each of the four quadrants of the intersection of Garden View and Whitney Drives and two representatives who live along Garden View Drive north of County Road 42. It could also include up to two members of the City Council. The Council discussed composition of the committee and suggested adding one representative from the Planning Commission and one representative from a District 196 school located along Garden View Drive. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 5 MOTION: of Grendahl, seconded by Goodwin, approving and directing Staff to forward letters to the City of Lakeville and Dakota County concerning the intersections of Garden View Drive and Highview Avenue with County Road 46; and establishing a Garden View Drive Ad Hoc Committee, as outlined in the City Administrator’s memo dated April 27, 2000, with the addition of two representatives, one from the Planning Commission and one from a District 196 school on Garden View Drive. Ayes - 5 - Nays - 0. Mr. Lawell said a time line for the committee’s work will be prepared and brought back to the Council. He asked the press to publicize committee openings and ask interested applicants to submit letters of intent to the City by May 9, 2000. This item will be scheduled on the Council’s May 11, 2000, meeting agenda for further consideration. Councilmember Erickson reminded residents that the Lakeville Planning Commission will be holding a public hearing on May 4, 2000, on the Vermillion Springs subdivision. PROJECT 98-810, ORCHARD POINTE ADDITION IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., to consider Project 98- 810, Orchard Pointe Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated March 15, 2000, describing improvements for 278 townhouse units proposed on a 40-acre site west of Flagstaff at 153rd Street. Construction of Flagstaff Avenue is required for this development, however, due to the location of a pipeline, the street will be constructed entirely on the Orchard Pointe property. Meetings have been held with the adjacent property owner in an attempt to reach an agreement to share costs. These discussions are continuing and the project may be revised to include completion of the street north to County Road 42. He asked that the hearing be continued until the next meeting to allow an agreement to be reached. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was continued, at 8:17 p.m., until May 11, 2000, at 8:00 p.m. MYERS PROPERTY TOWNHOMES Mr. Lovelace reviewed his the report on townhouse dwellings proposed on the Myers property, at the southwest corner of 132nd Street and Galaxie Avenue. The original proposal included 21 units in a traditional townhouse development. At the request of the Council, alternatives were prepared and the plan was revised for 20 townhouse units in a twinhome configuration. Four lots will have three-car garages. As part of the final plat, drainage and utility easements need to be acquired to the Greenleaf School site to the south. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 6 The Council reviewed revised renderings of the building exteriors showing a gable roof over some of the garages. The Council concurred with the revisions and said the option of a gable roof over some of the front windows could also be offered. Ordinance No. 670 MOTION: of Goodwin, seconded by Grendahl, passing rezoning the Myers property, at the southwest corner of 132nd Street and Galaxie Avenue, from R-1 (single family residential) to M-3C (multiple family residential), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-93 MOTION: of Erickson, seconded by Sterling, adopting approving the preliminary plat of Myers Property Townhomes, consisting of 20 units in 10 buildings, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-94 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of building permits for Myers Property Townhomes, southwest of 132nd Street and Galaxie Avenue, consisting of 20 dwelling units, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-95 MOTION: of Erickson, seconded by Grendahl, adopting ordering preparation of a preliminary engineering report for Project 00-125, Myers Property Townhomes Utility Improvements. Ayes - 5 - Nays - 0. PRAIRIE CROSSING COMMERCIAL DEVELOPMENT Ms. Bodmer reviewed the report on Prairie Crossing Commercial development at the southwest corner of County Road 42 and Diamond Path. The Comprehensive Plan amendment, expanding the commercial area to include property east of the former Dodd Boulevard alignment, has now been approved by the Metropolitan Council and the rezoning can be finalized. Agreement has also been reached on utility relocations within the former Dodd Boulevard right-of-way and vacation proceedings can also be completed. Councilmember Erickson asked why the development is now showing a bank on the northeast corner and a service station on the southeast corner of the neighborhood center. Ms. Bodmer said the original concept showed the reverse configuration. The developer revised the plan to make a more convenient access for the service station from the new Dodd Boulevard alignment. Resolution No. 2000-96 MOTION: of Sterling, seconded by Goodwin, adopting approving an amendment to the Comprehensive Plan expanding the NS (Neighborhood Service) land use designation for Prairie Crossing Commercial to include the area east of the former Dodd Boulevard alignment, as approved by the Metropolitan Council. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 7 Ordinance No. 671 MOTION: of Goodwin, seconded by Grendahl, passing amending Planned Development Designation No. 629, Zone 4, including banks as a permitted use and limiting service stations to 12 fuel pumping stations; and rezoning Prairie Crossing Commercial to Zone 4, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement amending Planned Development Designation No. 629, Zone 4, to include the expanded area of Prairie Crossing Commercial and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-97 MOTION: of Sterling, seconded by Grendahl, adopting completing vacation of former right-of-way for Dodd Boulevard and drainage and utility easements on Outlot A, Apple Valley East 6th Addition; and Lots 75 and 76, Block 5, Tousignant’s Prairie Crossing; subject to retaining temporary easements until a new final plat is filed, as described in the Assistant Planner’s memo dated April 24, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-98 MOTION: of Grendahl, seconded by Sterling, adopting ordering preparation of a preliminary engineering report for Project 98-813, (Part A) Prairie Crossing Commercial Utility and Street Improvements and (Part B) Central Trunk Sanitary Sewer. Ayes - 5 - Nays - 0. KWIK TRIP CONVENIENCE STORE Ms. Bodmer reviewed the Planning Commission recommendation on a proposed Kwik Trip convenience store and gas station at the northwest corner of realigned Dodd Boulevard and Diamond Path. Applicant has revised its plans and removed a proposed car wash from the site. It is proposing only a 4,000 square-foot convenience store with motor fuel sales. It is also requesting a conditional use permit for extended hours of operation beginning at 5:00 a.m. until 1:00 a.m. The planned development zone permits hours from 6:00 a.m. to 1:00 a.m. Scott Teigen, of Kwik Trip, was present and commented on the site plan. Since they are the first business locating on the site, they prefer the location nearest the access point. They had originally planned a car wash and 24-hour operation, but have modified the plans to limit noise. Surrounding neighbors are their primary customers and they want to respond to their concerns. Resolution No. 2000-99 MOTION: of Grendahl, seconded by Goodwin, adopting approving a Conditional Use Permit to allow motor fuel sales by Kwik Trip, Inc., on Lot 2, Block 2, Prairie Crossing Commercial, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 8 Resolution No. 2000-100 MOTION: of Sterling, seconded by Grendahl, adopting approving a Conditional Use Permit to allow hours of business operation from 5:00 a.m. until 1:00 a.m., daily, by Kwik Trip, Inc., on Lot 2, Block 2, Prairie Crossing Commercial, with conditions. Ayes - 5 - Nays - 0. Resolution No. 2000-101 MOTION: of Grendahl, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a convenience store with motor fuel sales to Kwik Trip, Inc., on Lot 2, Block 2, Prairie Crossing Commercial, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GM HOMES OFFICE BUILDING Ms. Milton reviewed the Planning Commission recommendation on a proposed 4,800 square-foot office building on the northeast corner of 145th Street and Pennock Avenue. An eight-foot setback variance from Pennock Avenue is requested to allow an entry portico on the building. An issue was raised tonight as to whether the building could be moved farther south, away from the adjoining townhouse lot. It appears it could be moved about 20 feet, but the Engineer would need to review the drainage plan. Gene Shellerud, of GM Homes, the applicant, was present and described plans for the building. As they were modified, the site plan stayed the same. He agreed to move the building, but noted the farther south it is moved the more the building will need to be raised to allow slope for the walkout. Resolution No. 2000-102 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan, with the building moved up to 20 feet south, subject to review by the City Engineer; and authorizing issuance of a building permit to GM Homes, Inc., for an office building, on Lot 5, Block 8, Valley Commercial Park 2nd Addition; and granting a setback variance to allow construction of an entry portico up to 32 feet from Pennock Avenue, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COBBLESTONE LAKE MIXED USE DEVELOPMENT Mr. Lovelace reviewed the Planning Commission report on Cobblestone Lake proposed as a 320- acre mixed-use development east of Pilot Knob Road and north of 160th Street. It is currently a sand and gravel mining site and is proposed for 1,941 to 2,577 residential units with 23 acres designated for commercial, retail, and institutional uses. A 36-acre pond will be located generally in the middle of the site. Because of the number of units proposed, it is subject to an environmental review. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 9 Resolution No. 2000-103 MOTION: of Erickson, seconded by Grendahl, adopting authorizing use of an Alternative Urban Areawide Review (AUAR) process for the required environmental review of the proposed Cobblestone Lake development, east of Pilot Knob Road and north of 160th Street, and directing Staff to prepare the necessary documents for submission to the Environmental Quality Board; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Kelley reviewed his memo dated April 21, 2000, concerning disposition of an existing home, at 15450 Dodd Boulevard, adjacent to Apple Valley East Park and the proposed Cobblestone Lake development. The developer and owner have, in concept, come to terms on acquisition of the property but it may have to qualify as an involuntary exchange to be completed. If the City is to be involved, the City Attorney should prepare an agreement indemnifying it against potential condemnation costs and relocation benefits. MOTION: of Erickson, seconded by Goodwin, directing the City Attorney to prepare an agreement with Tradition Development regarding acquisition of the property at 15450 Dodd Boulevard and use of condemnation, if necessary, for consideration by the Council at a future meeting. Dave Tomlinson, 15450 Dodd Boulevard, said he has had discussions with the developer about acquiring his property. When he moved in, he believed development would happen farther in the future. It is now proceeding much more quickly and he would like to reach some agreement on the acquisition. Vote was taken on the motion. Ayes - 5 - Nays - 0. MUNICIPAL CENTER PROJECT CHANGE ORDERS Mr. Lawell reviewed the memo dated April 24, 2000, describing procedures proposed by the City Attorney for administering change orders to the Municipal Center construction contract. The Council needs to approve any changes, but the process allows small issues to be resolved as they arise and then be brought to the Council. MOTION: of Erickson, se conded by Grendahl, approving the procedures for administering Municipal Center construction contract change orders, as contained in the Assistant to the City Administrator’s memo dated April 24, 2000; designating Charles Grawe as the responsible Staff member coordinating the change orders; and setting the amount of $7,500.00 for such conditional approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Shaw-Lundquist for the Municipal Center Project in the amount of a CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2000 Page 10 $1,500.00 deduction for rerouting generator electrical conduits through the building. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated April 24, 2000, with a calendar listing upcoming events. Mayor Hamann-Roland noted this was Professional Secretaries Week and thanked City support staff for their work throughout the year. She noted the Council participated in an Arbor Day tree planting earlier this evening and encouraged citizens to also plant trees. Mr. Lawell noted the next informal meeting will be held jointly with the Planning Commission and suggested starting the meeting earlier. The Council agreed with holding the May 11, 2000, informal meeting beginning at 6:00 p.m., at City Hall. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated April 19, 2000, in the amount of $204,302.82; and April 26, 2000, in the amount of $4,474,172.21. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seco nded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:28 o’clock p.m.