Loading...
HomeMy WebLinkAbout05/25/2000CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 25th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Roland; Councilmembers Erickson, Goodwin, and Sterling. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Acting Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, 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 Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. AUDIENCE Mayor Hamann-Roland congratulated Councilmember Grendahl’s sister on receiving a distinguished teacher award and said she was absent to attend the ceremony. 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 Goodwin, seconded by Sterling approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of May 11th, 2000, as written. Ayes - 4 - Nays - 0. Resolution No. 2000-115 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of a 1993 Ford Taurus automobile from Michael T. Webster for use by the Fire Department in training activities. Ayes - 4 - Nays - 0. Resolution No. 2000-116 MOTION: of Goodwin, seconded by Sterling, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8, Voiture 1457, for an event on July 29 and 30, CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2000 Page 2 2000, at Apple Valley American Legion, 14521 Granada Drive; and waiving any waiting period for the permit to become effective. Ayes - 4 - Nays - 0. Resolution No. 2000-117 MOTION: of Goodwin, seconded by Sterling, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Eagan Citizens’ Crime Prevention Association for an event on September 8, 2000, at Valleywood Golf Course, 4851 West 125th Street, and waiving any waiting period for the permit to become effective. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a temporary On-Sale 3.2 Percent Malt Liquor License to Dakota County 40 & 8, Voiture 1457, for use on July 29 and 30, 2000, at American Legion Post 1776, as described in the City Clerk’s memo dated May 22, 2000. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing payment of the 2000 annual expenditure, in the amount of $6,000.00, to the Apple Valley Chamber of Commerce, as described in the Community Development Director’s memo dated May 16, 2000. Ayes - 4 - Nays - 0. Resolution No. 2000-118 MOTION: of Goodwin, seconded by Sterling, adopting establishing a fire lane along the south side of the Wal-Mart building, at 7835 West 150th Street, as recommended by the Fire Marshal. Ayes - 4 - Nays - 0. Resolution No. 2000-119 MOTION: of Goodwin, seconded by Sterling, adopting approving the final corrective plat of Hidden Ponds 3rd Addition (Replat of Lots 1 and 2, Block 1, Hidden Ponds). Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the Planned Development Agreement for Regatta 3rd Addition, as attached to the City Planner’s memo dated May 22, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2000-120 MOTION: of Goodwin, seconded by Sterling, adopting awarding the contract for Project 99-108, Regatta 3rd Addition Utility and Street Improvements, to Ryan Contracting, Inc., the low bidder, in the amount of $1,818,420.15. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving reduction of the subdivision financial guarantee for Diamond Path Townhomes 2nd Addition from $12,550.00 to $2,830.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2000 Page 3 MOTION: of Goodwin, seconded by Sterling, continuing the public hearing on Project 98- 810, Orchard Pointe Addition Utility and Street Improvements, to June 8, 2000, at 8:00 p.m., as requested in the City Engineer’s memo dated May 22, 2000. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 2 to the contract with Shaw Lundquist for the Municipal Center Building Project in the amount of an additional $12,292.00. Ayes - 4 - Nays - 0. Resolution No. 2000-121 MOTION: of Goodwin, seconded b y Sterling, adopting authorizing installation of temporary four-way stop signs, due to a detour for construction of Pilot Knob Road, at the intersection of Johnny Cake Ridge Road and 142nd Street. Ayes - 4 - Nays - 0. MOTION: of G oodwin, seconded by Sterling, approving hiring the part-time and seasonal employees, as listed in the Personnel Report and Addendum dated May 25, 2000. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA GIRL SCOUT AWARDS Mayor Hamann-Roland introduced Girl Scouts, and their parents, from the community who achieved Gold and Silver Awards this year. The Scouts were congratulated by the Council and presented Certificates of Commendation. They were: Gold Award, Julie Miller; Silver Awards; Molly Jabas and Tonya App. GARDEN VIEW DRIVE AD HOC ADVISORY COMMITTEE ON TRAFFIC Mr. Lawell reviewed his memos, dated May 22 and May 25, 2000; updating information on the Ad Hoc Advisory Committee to address traffic concerns in the area of Garden View Drive. Five additional applications from citizens have been received. He reviewed the geographic distribution of members appointed at the May 11th meeting and the new applicants. The application period was extended to encourage applicants from areas under represented on the committee. MOTION: of Sterling, seconded by Goodwin, appointing Neil Evers, Mark Nelson, and Nathan Koering to the Garden View Drive Ad Hoc Advisory Committee on Traffic as listed in the City Administrator’s memo dated May 25, 2000. Councilmember Erickson said he was pleased to have a representative from the Hyland Pointe area and said he would still like to see participation from areas which might be negatively impacted by changes to Garden View Drive; particularly Harwell Avenue, and Harmony Way. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2000 Page 4 Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Lawell said one member of the committee is out of the country until June 5th, but other members want to begin and are available June 1st. The traffic engineer cannot attend but the first meeting will be to gather information on concerns and discuss the process with the facilitator. MOTION: of Erickson, seconded by Sterling, setting the first meeting of the Garden View Drive Ad Hoc Advisory Committee on Traffic for June 1, 2000, at 7:00 p.m., at City Hall. Ayes - 4 - Nays - 0. 2000 SPECIAL ASSESSMENT ROLL 480 Mayor Hamann-Roland called the public hearing to order, at 8:17 p.m., on Special Assessment Roll No. 480 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed the assessment roll, totaling $43,553.12, for delinquent utility charges, and noted one written objection was received. Susan Beers, 15791 Hallmark Path, objected because the unpaid bill was left by the previous owner. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:18 p.m. Resolution No. 2000-122 MOTION: of Erickson, seconded by Sterling, adopting approving and levying 2000 Special Assessment Roll No. 480, in the total amount of $43,553.12. Ayes - 4 - Nays - 0. 2000 SPECIAL ASSESSMENT ROLLS 481-484 Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., on Special Assessment Rolls No. 481 through 484 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed the assessment rolls, totaling $199,389.00, for improvement projects, and noted one written objection was received. Shepherd of the Valley Church questioned the amount of the assessment for Eveleth Path. After review of the costs, the amount of Roll No. 483 has been revised to $103,791.00. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:21 p.m. Resolution No. 2000-123 MOTION: of Sterling, seconded by Goodwin, adopting approving and levying 2000 Special Assessment Rolls No. 481 through 484, in the total amount of $199,389.00. Ayes - 4 - Nays - 0. EASEMENT VACATION, HERITAGE HILLS 8TH ADDITION Mayor Hamann-Roland called the public hearing to order, at 8:22 p.m., to consider vacating drainage and utility easements on Lots 5 and 6, Block 2, Heritage Hills 3rd Addition, and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed her memo CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2000 Page 5 dated May 18, 2000, describing the purpose of the vacation which is to shift the common property line to the south making Lot 5 a larger lot. Both lots are owned by the same person. A new plat will be recorded with new easements and no utilities are affected. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed, at 8:23 p.m. Resolution No. 2000-124 MOTION: of Erickson, seconded by Goodwin, adopting completing vacation of drainage and utility easements on Lots 5 and 6, Block 2, Heritage Hills 3rd Addition, and authorizing the Clerk to file the necessary documents with Dakota County. Ayes - 4 - Nays - 0. Resolution No. 2000-125 MOTION: of Sterling, seconded by Goodwin, adopting approving the corrective final plat of Heritage Hills 8th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. ORDINANCE AMENDING USES IN BUSINESS PARK ZONES Mr. Kelley reviewed his memo dated May 19, 2000, describing a proposed amendment to the zoning ordinance to add church and daycare uses as conditional uses in Business Park “BP” zones. The uses would be allowed in multi-tenant buildings as long as they do not exceed 50 percent occupancy of any one building. MOTION: of Good win, seconded by Erickson, waiving a second reading and passing Ordinance No. 673 amending Article A1-42.5 of Appendix A of the City Code, regarding Business Park “BP” zoning districts, by allowing church and daycare uses in multi-tenant buildings as conditional uses when they occupy less than 50 percent of the building floor area, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RIVER VALLEY CHURCH CONDITIONAL USE PERMITS Mr. Kelley reviewed the Planning Commission report on the application of River Valley Church for conditional use permits in Valley Business Park. The requested church and daycare uses would occupy about 30 percent of an existing building on Lot 1, Block 1. There are already two other tenants already occupying the building. Councilmember Sterling asked if losing 12 parking spaces for playground space would be a problem? Mr. Kelley said parking on the site already exceeds requirements so this will not affect other users. Church uses have been compatible with office uses since the parking needs occur at different times. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2000 Page 6 Rob Ketterling, Pastor of River Valley Church, was present to answer questions. He said the daycare is also convenient for employees in the business park. The first person on their waiting list for daycare is an employee at this business park. Resolution No. 2000-126 MOTION: of Goodwin, seconded by Erickson, adopting approving a Conditional Use Permit for River Valley Church for church use on Lot 1, Block 1, Valley Business Park, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2000-127 MOTION: of Sterling, seconded by Erickson, adopting approving a Conditional Use Permit for River Valley Church for daycare use on Lot 1, block 1, Valley Business Park, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. EVERMOOR ADDITION Mr. Lovelace reviewed the Planning Commission report on Evermoor development proposed on the east side of Diamond Path between 129th and Upper 135th Streets. It was previously referred to as the Kelly Trust Property with a total of 569 acres; 44 of which are in Apple Valley. The balance of the site is in Rosemount. There are 44 townhouse units and six single family lots proposed in Apple Valley. The single family lots will not have access to Diamond Path and it will be difficult for Apple Valley to provide services. Therefore, it is proposed that Rosemount annex the single family lots along with Birger Pond, being platted as an outlot. In exchange, Apple Valley would annex the approximately 80 acres of Valleywood Golf Course in Rosemount. Wensmann Homes is proposing to construct 40 of the townhouse units. The four townhouse units at the very southern portion of the site will be platted as an outlot. MOTION: of Erickson, seconded by Goodwin, directing staff to prepare a planned development zoning ordinance and agreement for Evermoor Addition to allow for single and multiple family uses as recommended by the Planning Commission. Craig Rapp, of Contractor Property Developers Company, was present and asked for consideration to reduce the trunk area assessments on the site. The approximately 11-acre outlot at the northwest corner of the site is not being developed and he asked that it be removed from the calculations. They would accept some type of deed restriction to prevent future development. The Council asked that staff look at this request when preparing a subdivision agreement. Vote was taken on the motion. Ayes - 4 - Nays - 0. Resolution No. 2000-128 MOTION: of Erickson, se conded by Goodwin, adopting approving the preliminary plat of Evermoor Addition, consisting of 46 lots and three outlots, subject to conditions as recommended by the Planning Commission and CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2000 Page 7 completion of annexation/detachment with Rosemount prior to final plat approval. Ayes - 4 - Nays - 0. Resolution No. 2000-129 MOTION: of Erickson, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 97-535, Evermoor Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. OUTDOOR AQUATIC CENTER OPENING Mr. Lawell thanked the Pioneer Press for its recent article on the Outdoor Aquatic Center. He noted there will be a preview weekend June 3 and 4, 2000, and it will open for the season starting June 9th. COMMUNICATIONS & CALENDAR The Council received a memo dated May 22, 2000, with a calendar listing upcoming events. Councilmember Sterling said, as a member of the FAIR Committee for the National League of Cities, the issue of improving response to the Federal Census was considered. She received a report showing Apple Valley with an 84 percent response rate and congratulated the citizens for their participation. Mayor Hamann-Roland congratulated Apple Valley High School for receiving a GRAMMY Signature School Award from the National Academy of Recording Arts and Science. She attended the Fine Arts Awards ceremony May 23, 2000, at which a certificate was presented. Councilmember Sterling thanked the Fire and Police Departments and ALF Ambulance for participating in a mock crash event at Eastview High School. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated May 17, 2000, in the amount of $6,615,209.25; and May 24, 2000, in the amount of $4,862,260.38. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:58 o’clock p.m.