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HomeMy WebLinkAbout03/25/1999CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 25th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Rola nd; Councilmembers Erickson, Goodwin, and Sterling. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Chief Erickson, Assistant to the City Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Human Resources Manager Margarit, and Public Works Director Miranowski. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag led by the members of Boy Scout Troop 292. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. CONSENT AGENDA MOTION: of Sterling, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the meeting of February 25th, 1999, as written. Ayes - 4 - Nays - 0. Resolution No. 1999-40 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of $500.00 from DAKOTA REV Soccer and Rosemount Area Athletic Association toward sponsorship of the Adopt-A-Park program activities. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving 1999 membership in the Interstate 35W Solutions Alliance and authorizing payment of dues in the amount of $2,500.00. Ayes - 4 - Nays - 0. MOTION: of Ste rling, seconded by Goodwin, appointing Mayor Hamann-Roland to the Interstate 35W Solutions Alliance Executive Committee and Public Works Director Miranowski as alternate and staff liaison, as described in the Public Works Director’s memo dated March 9, 1999. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 2 MOTION: of Sterling, seconded by Goodwin, appointing Public Works Director Miranowski and Assistant Planner Bodmer to the Technical Advisory Committee for the Cedar Avenue Corridor Transitway Study, as recommended in the Public Works Director’s memo dated March 25, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing the National Guard to land a helicopter at Johnny Cake Ridge Park on August 13, 1999, in connection with a safety camp program, as requested in the Recreation Supervisor’s memo dated March 22, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of 1998 and 1999 Coin- Operated Amusement Device Licenses to Apple Valley Theatre, at 7200 West 147th Street, as requested in the City Clerk’s memo dated March 22, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving participation by the Fire Department in the Personal Water Craft Law Loan Program as requested in the Fire Chief’s memo dated February 24, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the Fire Department’s 1998 Annual Report. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the 1998 Annual Cable Television Report. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the 1998 Community Landfill Abatement Annual Report and proposal for 1999 Community Clean-up Day as contained in the Recycling Coordinator’s memo dated March 17, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-41 MOTION: of Sterling, seconded by Goodwin, adopting supporting an application to the Minnesota Department of Natural Resources for a Metro Greenways Planning Grant, of $7,840.00 to be matched with City funds, to protect and enhance a tributary of the northern branch of the Vermillion River located in the City. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a setback variance to allow construction of a porch and deck on Lot 9, Block 5, Greenleaf 8th Addition (5545 - 133rd Street Court) to within 45 feet of the rear lot line, ordinary high water mark, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 3 MOTION: of Sterling, seconded by Goodwin, approving a Waiver Agreement with the Dakota County Housing and Redevelopment Authority to accept special assessments for installation of improvements to serve Chasewood Family Townhomes and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1999-42 MOTION: of Sterling, seconded by Goodwin, adopting awarding the contract for Project 98-824, HRA Chasewood Family Townhomes Utility Improvements, to Minger Construction, the low bidder, in the base amount of $50,710.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, second ed by Goodwin, approving the Construction Agreement with Dakota County for widening County Road 42 between Garrett and Flagstaff Avenues; as part of Project 96-501, Fischer Market Place Improvements; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Construction Agreement with Dakota County and the City of Rosemount for County Road 33 (Diamond Path) between County Road 42 and County Road 46, Project 98-825, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1999-43 MOTION: of Sterling, seconded by Goodwin, adopting establishing and designating Diamond Path (County Road 33) as a Municipal State Aid Street between County Road 42 and County Road 46. Ayes - 4 - Nays - 0. Resolution No. 1999-44 MOTION: of Sterling, seconded by Goodwin, adopting authorizing the City Attorney to negotiate for acquisition of right-of-way for Diamond Path (County Road 33) between County Road 42 and County Road 46, including, if necessary, use of the power of eminent domain. Ayes - 4 - Nays - 0. Resolution No. 1999-45 MOTION: of Sterling, seconded by Goodwin, adopting revoking the designation of Municipal State Aid Street on County Road 38 between Johnny Cake Ridge Road and the east City limits. Ayes - 4 - Nays - 0. Resolution No. 1999-46 MOTION: of Sterling, seconded by Goodwin, adopting concurring with the designation of County Road 38 (McAndrews Road) as a County State Aid Highway between Johnny Cake Ridge Road and the east City limits. Ayes - 4 - Nays - 0. Resolution No. 1999-47 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for Project 98-803, Eveleth Path at County Road 38 Street Improvements, and authorizing advertising for bids to be received, at 2:00 p.m., on April 29, 1999. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 4 Resolution No. 1999-48 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for Project 99-819, 1999 Street Maintenance Program, and authorizing advertising for bids to be received, at 2:00 p.m., on April 29, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-49 MOTION: of Sterling, seconded by Goodwin, adopting approving specifications for Metal Roof Installation on Delaney and Hagemeister Park Buildings and authorizing advertising for bids to be received, at 2:00 p.m., on April 13, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-50 MOTION: of Sterling, seconded by Goodwin, adopting approving specifications for Mowing and Trimming Services on City Properties and authorizing advertising for bids to be received, at 2:00 p.m., on April 13, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving various change orders to contracts for Apple Valley Community Center Gym Addition and the Teen Center Building as listed in the Construction Manager’s letter dated March 19, 1999, in the net additional amount of $131.00. Ayes - 4 - Nays - 0. Resolution No. 1999-51 MOTION: of Sterling, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on April 22, 1999, to consider vacating unused stub street rights-of-way connecting with Rimrock Drive in Palomino Hills Lakeshore Addition. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of the subdivision financial guarantee for The Woodwinds Addition, from $4,000.00 to $1,893.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the 1999 Labor Agreement with AFSCME Maintenance Union employees, as described in the Human Resources Manager’s memo dated March 25, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Gregory Brady for the position of Building Inspector as listed in the Personnel Report dated March 25, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Sarah Mosby and Kurt Schultz for the positions of Police Officers as listed in the Personnel Report dated March 25, 1999. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 5 MOTION: of Sterling, seconded by Goodwin, approving promoting Thomas Folie and John Rechtzigel to the positions of Police Sergeants as listed in the Personnel Report dated March 25, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated March 25, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing recruitment to fill an additional Police Officer position under the COPS Universal Hiring Award Grant as listed in the Personnel Report dated March 25, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reclassification of the Valleywood Kitchen Manager seasonal position from Class E to G as listed in the Personnel Report dated March 25, 1999. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA 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. No one was present to speak. EMPLOYEE INTRODUCTIONS Police Chief Erickson introduced new Police Officers Tommie Booth and Mike Thelen, who have already started training; and Sarah Mosby and Kurt Schultz; approved for hiring tonight. The City Clerk then administered oaths of office to the new Officers. Police Chief Erickson introduced Thomas Folie and Jon Rechtzigel, who were both promoted to Police Sergeant positions. They were congratulated by the Council. DAKOTA COUNTY TRANSPORTATION UPDATE Dakota County Commissioner Branning and Lynn Moratzka, Transit Planning Coordinator, were present and provided an update on transportation and transit activities in which the County is involved. Transit planning activities are resulting from long term population growth projections. Two commuter rail corridors (at the east and west sides of the County) and a light rail corridor (Cedar Transitway) have been identified. The Cedar Corridor Study has been funded by the Legislature to study a connection for light rail to Dakota County from the Mall of America where the Hiawatha Corridor will terminate. The County hopes to establish a community advisory committee to provide input on Cedar Avenue planning. It is anticipated the committee will be formed in May and the City Council will be asked to make appointments. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 6 The Council discussed other highway construction activities and asked whether a change in the 55/45 cost sharing policy is being considered. Commissioner Branning reviewed the history of the long-standing County policy and said he does not foresee any changes. A policy of sharing in off- system improvements to relieve traffic on County roads is being considered. For example, the County would share the cost of 153rd Street to relieve traffic on County Road 42. Commissioner Branning said he is willing to come back quarterly and update the Council on County activities. BUFFALO WILD WINGS ON-SALE LIQUOR Mayor Hamann-Roland called the public hearing to order, at 8:41 p.m., to consider an application by Buffalo Wild Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, for on-sale and Sunday liquor sales licenses; and noted receipt of the affidavit of publication of the hearing notice. The restaurant will be located in a new multi-tenant building under construction at the northeast corner of 147th Street and Cedar Avenue. The business intends to open around October 1, 1999. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:42 p.m. Resolution No. 1999-52 MOTION: of Goodwin, seco nded by Sterling, adopting authorizing issuance of a 1999 on-sale liquor license and special license for Sunday liquor sales to Buffalo Wild Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, for premises being constructed on part of Lot 1, Block 2, Cedar Marketplace Addition. Ayes - 4 - Nays - 0. FISCHER SAND & AGGREGATE 160TH STREET MINING Mr. Gretz read a letter dated March 25, 1999, from the Lakeville City Attorney concerning the application of Fischer Sand & Aggregate for commercial sand and gravel extraction on property located north of 160th Street at future Johnny Cake Ridge Road. The application has been revised since the Council reviewed it December 10, 1998, and Lakeville acknowledges that the amended proposal reduces undesirable impacts. Mr. Lovelace reviewed the proposal for sand and gravel mining on a 120-acre site which originally included mining on 54 acres and now has been reduced to approximately 25 acres on the north and east portions of the site. He showed a cross section of mining proposed for the reconfigured pond area showing mining to the 910 elevation. Other areas of mining would be limited to the 920-922 elevation. Legal descriptions would be prepared separating the property to be mined from the rest of the property and only those areas would be designated for sand and gravel overlay on the Comprehensive Plan. Mr. Kelley reviewed the draft resolution making a determination that the original Environmental Impact Statement (EIS) adequately addresses the issues and a supplemental EIS is not required. Mining will not be allowed into the water table. He noted that Richard Hervieux, 16005 Excel CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 7 Way, raised issues related to silica dust. Silica dust is not addressed in the EIS, but information available relates to exposure in confined areas which is not the situation here. Councilmember Erickson commented on Lakeville’s letter and a concern about future mining expansions. He would like assurance that any future application be added to this site in an Environmental Assessment Worksheet consideration. Chad Rogeman, 15877 Finch Lane, said the neighborhood would prefer no mining but this is a satisfactory compromise. They agree with the proposed end use. Councilmember Goodwin commended the neighborhood and Tony Gleekel for working with Staff to revise the proposal. John Grisbach, representing Gene Rechtzigel, was present and expressed concern about the potential for expanding mining in the future. The permanent crushing operation north of this site was grandfathered in before the Regatta development. Since this is a new mining operation with crushing on a different parcel of land, it creates other environmental concerns. There has been a change in the area with the Regatta development and they believe potential environmental impacts should be considered. Mr. Sheldon said the issues raised are whether there are further environmental impacts and the potential for serial operations. The Council is being asked to determine whether the EIS addresses the impact of this application. There are provisions for dealing with a serial project which is a question of fact. That is not before the Council now and would have to be a determination when and if it happens in the future. Resolution No. 1999-53 MOTION: of Goodwin, seconded by Sterling, adopting finding that the original Environmental Impact Statement, prepared for proposed sand and gravel mining south of County Road 42, addresses the impact of a proposal by Fischer Sand & Aggregate for sand and gravel mining, on property located north of 160th Street at future Johnny Cake Ridge Road, and a Supplemental Environmental Impact Statement is not required. Ayes - 4 - Nays - 0. Resolution No. 1999-54 MOTION: of Goodwin, seconded by Sterling, adopting approving submittal of a Comprehensive Plan amendment for temporary sand and gravel operations on the northerly 16 acres and northeasterly 8.8 acres of a site, in Section 35, north of 160th Street at future Johnny Cake Ridge Road, to the Metropolitan Council as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, directing Staff to prepare a Conditional Use Permit for sand and gravel mining by Fischer Sand & Aggregate on the northerly 16 acres and northeasterly 8.8 acres of a site, in Section 35, north of 160th Street at future Johnny Cake Ridge Road, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 8 REPLAT OF PALOMINO CLIFFS ADDITION Mr. Lovelace reviewed the Planning Commission report on replatting Palomino Cliffs Addition, located at the southeast corner of Palomino Drive and County Road 11. There is an existing four- unit building on the site which will be incorporated into the new plat. The new plat will have 16 additional twinhome units on approximately 6.99 acres. Councilmember Erickson asked if the retaining walls are adequate to protect the property during severe storm due to the steep topography? Sarah Moore, of Landform Engineering, was present and said they believe the retaining walls are adequate. Their reputation depends on addressing problems such as this and would be prepared to correct the situation should they fail. Resolution No. 1999-55 MOTION: of Erickson, seconded by Goodwin, adopting approving the preliminary plat of Replat of Palomino Cliffs Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1999-56 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan, granting building setback variances, and authorizing issuance of building permits for units in the Replat of Palomino Cliffs Addition, with conditions as recommended by the Planning Commission. Councilmember Goodwin asked if the developer has considered planting vines or some type of vegetation on the retaining walls? Dick Curry, of SVK Development, was present and said they will be doing something with the walls, but do not know what yet. Vote was taken on the motion. Ayes - 4 - Nays - 0. VALLEY BUSINESS CENTER Mr. Kelley reviewed the Planning Commission report on the proposed Valley Park Business Center at the southwest corner of 147th Street and Pilot Knob Road. The property was acquired by the Economic Development Authority who entered into a partnership with Wispark Corporation to develop and market the property. Authorization of a building permit for a Phase I office/warehouse building is requested at this time. Approval of a master conceptual plan is also being requested with the intent that as plans come in, on the remaining seven lots, permits would be issued administratively as long as the buildings comply with design and materials called for in the master plan. Steve Schottler, Manager of Development for Wispark, was present to answer questions. Mayor Hamann-Roland asked if they were committed to the name “Valley Park Business Center” since a nearby area of Lakeville is already referred to as Valley Park. Mr. Schottler said they have not CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 9 selected a final name and suggested, to avoid confusion, it could be changed perhaps to “Valley Business Center”. Resolution No. 1999-57 MOTION: of Goodwin, seconded by Sterling, adopting approving the preliminary plat of Valley Park Business Center, at the southwest corner of 147th Street and Pilot Knob Road, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1999-58 MOTION: of Sterling, seconded by Goodwin, adopting granting a temporary waiver of platting to allow transfer of title on a metes and bounds description basis for future Lot 1, Block 1, Valley Park Business Center, prior to filing the final plat. Ayes - 4 - Nays - 0. Resolution No. 1999-59 MOTION: of Erickson, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for a Phase I office/warehouse on Lot 1, Block 1, Valley Park Business Center, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1999-60 MOTION: of Goodwin, seconded by Erickson, adopting approving concept development plans and authorizing issuance of building permits, in accordance with those plans, on lots in Valley Park Business Center, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing issuance of a Natural Resources Management Permit for grading activities in Valley Park Business Center subject to Staff determination of the completeness and accuracy of grading and erosion control plans. Ayes - 4 - Nays - 0. Resolution No. 1999-61 MOTION: of Erickson, seconded by Goodwi n, adopting setting a public hearing, at 8:00 p.m., on April 22, 1999, to consider vacating an unused drainage and utility easement (Document No. 1320331) in Valley Park Business Center. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated March 22, 1999, with a calendar listing upcoming events. MOTION: of Goodwin, seconded by Erickson, setting an informal meeting, for the purpose of holding a focus session, on April 17, 1999, at 8:00 a.m., at the Levee Cafe, in Hastings. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1999 Page 10 Councilmember Erickson said Carolyn Rodriguez, resident and former State Representative, is one of the finalists for appointment as representative of District 15 on the Metropolitan Council. He asked the Council to support her appointment. Resolution No. 1999-62 MOTION: of Sterling, seconded by Hamann-Roland, adopting supporting the appointment, by the Governor, of Carolyn Rodriguez to the Metropolitan Council, as representative for District 15. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check registers dated March 3, 1999, in the amount of $4,085,790.58; March 10, 1999, in the amount of $1,569,597.98; March 17, 1999, in the amount of $38,535.80; March 17, 1999, in the amount of $1,758,166.26; and March 24, 1999, in the amount of $448,424.16. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:52 o’clock p.m.