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HomeMy WebLinkAbout07/27/2000CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 27th, 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 City 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 led by Chris Ploenzke and A. J. Tischleder of Scout Troop 205 and Matt Ploenske of Cub Pack 205. APPROVAL OF AGENDA MOTION: of Erickson, seco nded 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 Sterling, adding Minnesota Valley Transit Authority tax payment to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of July 13th, 2000, as written. Ayes - 5 - Nays - 0. Resolution No. 2000-181 MOTION: of Grendahl, seconded by Sterling, adopting approving entering into a Sub-grant Agreement with the Minnesota Division of Emergency Management for disaster assistance related to the July 7-9, 2000, storms and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Page 2 MOTION: of Grendahl, seconded by Sterling, approving issuance of a license for coin- operated amusement devices at Red Robin Restaurant, 15560 Cedar Avenue, as described in the City Clerk’s memo dated July 24, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing Cyclic, Inc./Helicopter Fligh t, Inc., to land a helicopter in Galaxie Park, on August 28, 2000, at 5:30 p.m., as requested in the Parks & Recreation Director’s memo dated July 21, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-182 MOTION: of Grendahl, seconded by Sterling, adopting approving the amended Joint and Cooperative Agreement Establishing the Municipal Legislative Commission, as attached to the Assistant to the City Administrator’s memo dated July 27, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-183 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Firefighters’ Relief Association for an event on September 16, 2000, at Fire Station No. 1, 15000 Hayes Road, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a five-month extension of preliminary plat approval for Galles Addition, to expire December 31, 2000, and informing the developer that no further extensions will be approved, as recommended in the Community Development Director’s memo dated July 24, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, granting a setback variance to allow construction of stairs for a porch to within 3.5 feet of the south side lot line, on Lot 25, Block 4, Longridge 2nd Addition (15829 Harwell Avenue), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-184 MOTION: of Grendahl, seconded by Sterling, adopting approving a Conditional Use Permit for auto accessory installation facilities by Sam’s Club, on Outlot I, Fischer Market Place, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement with James and Debra Hagen for use of the utility easement on Lot 3, Block 3, Hallwood Highlands (13330 Greenwich Court), as attached to the City Engineer’s memo dated July 24, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Page 3 MOTION: of Grendahl, seconded by Sterling, approving reduction of subdivision financial guarantees for: Fischer Market Place, from $4,751,870.00 to $3,940,945.00; Briar Knoll, from $500.00 to 0; Pahl’s Garden Lots, Phase II Landscaping, from $157,500.00 to $133,875.00; and Pahl’s Garden Lots, Phase II Utilities, from $92,825.00 to $25,000.00. Ayes - 5 - Nays - 0. Resolution No. 2000-185 MOTION: of Grendahl, seconded by Sterling, adop ting receiving the preliminary engineering report for Project 99-103, Dahle Pines Townhomes Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on August 10, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-186 MOTION: of Gre ndahl, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Project 99-103, Dahle Pines Townhomes Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 5 to the contract with Shaw-Lundquist, Inc., for Municipal Center Construction in the amount of an additional $24,412.00 for utility and sidewalk relocations. Ayes - 5 - Nays - 0. Resolution No. 2000-187 MOTION: of Grendahl, seconded by Ste rling, adopting establishing school zone speed limits on Garden View Drive, related to Southview/Valley Middle Schools and Westview School, and lowering the speed limit to 20 miles per hour “when children are present”, as recommended by the Traffic Engineer. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving an update from the Urban Affairs Committee on its review of recreational vehicle parking and setback regulations in the City as contained in the Assistant Planner’s memo dated July 21, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-188 MOTION: of Grendahl, seconded by Sterling, adopting approving specifications for Employee Group Dental Insurance and authorizing advertising for receipt of proposals, at 3:00 p.m., on August 25, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving promotion of Jeff Kehrer to the position of Working Foreman - Street Maintenance as listed in the Personnel Report dated July 17, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees, as listed in the Personnel Report dated July 27, 2000. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Page 4 MOTION: of Grendahl, seconded by Sterling, authorizing payment of the f irst half 2000 property tax payments to the Minnesota Valley Transit Authority, in the amount of $606,907.25, as requested in the Finance Director’s memo dated July 25, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA GARDEN VIEW DRIVE SCHOOL ZONE SPEED LIMITS Councilmember Grendahl commented that the Council’s action on establishing school zone speed limits on Garden View Drive is the first action resulting from the Committee studying traffic issues on the street. Councilmember Goodwin noted this is an exception from the State’s control of speed limits and asked if there are any other exceptions. Mr. Heuer said the only other instance where a City can set speed limits is in a construction zone for a temporary period. He reviewed the conditions under which such limits can be enacted. Councilmember Erickson asked if penalties escalate for speeding violations in a school zone? Police Chief Erickson said there is not an automatic increased penalty. If the Officer includes endangerment of persons or property on the citation, for example, there are additional penalties. ORCHARD POINTE EASEMENT VACATION Mayor Hamann-Roland called the public hearing to order, at 8:10 p.m., to consider vacating a drainage and utility easement over the northeast corner of property being platted as Orchard Pointe and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated July 24, 2000, describing the easement, which was provided for the north tributary of the Vermillion River, meandering through the site as an intermittent flowage. The easement will be relocated across the northeast corner of the Orchard Pointe plat. The new easement will be part of a series of ponds and pipes and pathway system. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:14 p.m. Resolution No. 2000-189 MOTION: of Goodwin, seconded by Sterling, adopting completing vacation of the drainage and utility easement lying over the northeast corner of property being platted as Orchard Pointe, in Section 34, and authorizing recording the necessary Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. ORCHARD POINTE REZONING AND SUBDIVISION Mr. Lovelace reviewed his memo, dated July 24, 2000, describing the Orchard Pointe planned development. The 40-acre site will be developed as 278 townhouse units at a density of 11 units per acre. At some point, the northerly 40 acres of the original 80 acres may be incorporated into this planned development. Pathways will be constructed on both sides of 153rd Street and Flagstaff and Foliage Avenues. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Page 5 Ordinance No. 679 MOTION: of Grendahl, seconded by Sterling, passing amending Appendix A of the City Code by adding Article A25 establishing planned development zoning regulations for Orchard Pointe and rezoning the property in conformance with the planned development as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-190 MOTION: of Goodwin, seconded by Grendahl, adoptin g approving the final plat and subdivision agreement for Orchard Pointe and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-191 MOTION: of Sterling, seconded by Erickson, adopting awarding the contract for Project 98-810, Orchard Pointe Utility and Street Improvements, to Ryan Contracting Company, Inc., the low bidder, in the amount of $1,587,145.00. Ayes - 5 - Nays - 0. VALLEY OLDS-PONTIAC-GMC EXPANSION Ms. Milton reviewed the Planning Commission recommendation on a proposed expansion of Valley Oldsmobile at the southwest corner of 145th Street and Cedar Avenue. The existing sales facilities will be connected and remodeled. The outdoor sales lot will expanded and a new driveway access to 145th Street constructed. The two existing driveway accesses to 145th Street will be closed. Bernie Wagnild, of Valley Oldsmobile, and Quinn Hutson, the architect, were present and reviewed exterior elevations of the building and described the business operations. Resolution No. 2000-192 MOTION: of Erickson, seconded by Goodwin, adopting approving a Conditional Use Permit for expanded outdoor sales and storage of automobiles for Valley Oldsmobile-Pontiac-GMC, on Lots 6, 7, and 8, Block 8, Valley Commercial Park 2nd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a variance to allow construction of a building addition by Valley Oldsmobile-Pontiac-GMC to within 40 feet of east lot lines on Lots 6, 7, and 8, Block 8, Valley Commercial Park 2nd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE 5TH ADDITION BUILDING Mr. Lovelace reviewed the Planning Commission recommendation on a proposed multi-tenant retail building on Outlot E, Fischer Market Place. The lot is bounded by streets on all four sides and is the site of the old Apple Valley Red-E-Mix office building. The existing building will be removed as will the septic system and well, if any. The building is intended to be occupied by four tenants, one of which is Snyder Drug Store. An amendment to the planned development is CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Page 6 requested to allow a drive-up window in conjunction with drug store/pharmacy retail operations as a permitted use. Because the site is bounded by streets on all four sides, the building exterior will include window and awning treatments on all sides and screen the loading area. The developer is considering two tenant options, one with storefronts only on the south side and another with storefronts on both the north and south sides. The Planning Commission recommended flexibility of allowing the developer to proceed with either option. Ordinance No. 680 MOTION: of Erickson, seconded by Sterling, passing amending Section A24-4 of Appendix A to the City Code by allowing a drive up window in conjunction with a drug store/pharmacy retail operation in zone 2 of Planned Development No. 646, Fischer Market Place, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-193 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit, with optional building elevations, for a multi-tenant retail building on Outlot E, Fischer Market Place (being replatted as Fischer Market Place 5th Addition), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. FISCHER TEMPORARY DRIVEWAY TO PILOT KNOB ROAD Mr. Kelley reviewed his memo dated July 13, 2000, describing the request of Fischer Sand & Aggregate to continue use of the temporary driveway access to Pilot Knob Road until September 29, 2000. Use of the temporary driveway was approved until August 1, 2000, but additional time is needed for hauling in connection with the airport project. Councilmember Erickson said he received recent complaints about trucks traveling side by side on Cedar Avenue and debris hitting a vehicle. The traffic situation seemed to improve last year, but complaints are starting again. John Ericson, of Fischer Sand & Aggregate, said they are continuing to monitor truck traffic and advise drivers to use the right lane. Trucks are now returning from the airport empty and leaving the pit with granular material. There should not be large chunks of debris falling off. He asked that anyone having an issue with a truck get the name and number, if possible, and report the matter to them. MOTION: of Goodwin, seconded by Grendahl, approving an extension for use of a temporary driveway access on the east side of Pilot Knob Road by Fischer Sand & Aggregate until September 29, 2000, as described in the Community Development Director’s memo dated July 13, 2000. Ayes - 5 - Nays - 0. NATIONAL NIGHT OUT CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Page 7 Monica Bogner, Crime Prevention Specialist, described activities planned throughout the City for “National Night Out” on August 1, 2000. There are 81 groups with activities that night. Since there are not enough personnel to attend all the events, some locations have been combined so 44 visits are scheduled. She distributed a schedule of the events and asked the Council to meet at City Hall, at 5:00 p.m., to determine which locations they will attend. The Council thanked Ms. Bogner for the work she has done to organize and promote this crime prevention activity. MOTION: of Erickson, seconded by Sterling, proclaiming August 1, 2000, as “National Night Out” and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 5 - Nays - 0. SPECIAL ASSESSMENT FOR WATER CONNECTION Mr. Lawell reviewed a request for assessment of costs for connection to City water for the residence at 84 County Road 42 as contained in the memo dated July 27, 2000. The property owner has submitted a petition requesting the assessment and waiving the right to appeal. The property is not connected to sanitary sewer and only water connection is requested now. Councilmember Goodwin said he has no concern about the utility connection, but would like information on the history of the location of the County Road 42 frontage road in front of that house. The road, on the south side of County Road 42, does not connect east and west and he would like to know why it was constructed that way. Resolution No. 2000-194 MOTION: of Goodwin, second ed by Sterling, adopting setting a public hearing on Special Assessment Roll No. 485, water connection at 84 County Road 42, in the amount of $5,022.00, for August 24, 2000, at 8:00 p.m. Ayes - 5 - Nays - 0. SET SPECIAL INFORMAL MEETING MOTION: of Goodwin, seconded by Sterling, setting an informal meeting on August 24, 2000, at 6:30 p.m., to discuss future development in the southeast quadrant of the City with the Planning Commission. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated July 24, 2000, with a calendar listing upcoming events. Councilmember Erickson asked when the engineering report on storm water related issues will be discussed? Mr. Lawell said the report is being prepared and is tentatively scheduled to be discussed at the August 10th meeting. Councilmember Erickson asked that information on participation in the National Flood Insurance Program be provided also. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2000 Page 8 CLAIMS AND BILLS MOTION: of Grendahl, seconded by Erickson, to pay t he claims and bills, check registers dated July 20, 2000, in the amount of $3,364,955.11; and July 26, 2000, in the amount of $886,537.81. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:14 o’clock p.m.