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HomeMy WebLinkAbout07/22/1999CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 22nd, 1999, 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 Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Community Development Director Kelley, Police Captain Lohse, Assistant Planner Lovelace, Human Resources Manager Margarit, Planning Intern Milton, 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. 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 Goodwin, moving referral of issues to the Urban Affairs Committee to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the meeting of July 8th, 1999, as written. Ayes - 5 - Nays - 0. Resolution No. 1999-150 MOTION: of Grendahl, seconded by Goodwin, adopting approving an application from Chrysalis, A Center for Women, for a Lawful Gambling Exempt Permit, LG220, for an event on November 13, 1999, at the Minnesota Zoo, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1999 Page 2 MOTION: of Grendahl, seconded by Goodwin, approving issuance of new 1999 Tobacco Sales Licenses to Checks Cashed of America, d/b/a Money Xchange, at 15100 Cedar Avenue; and Omar, Inc., d/b/a Tobacco Valley, at 15050 Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving the 1998 Audited Financial Statements of the City and Management Letter of the Auditors as attached to the Finance Director’s memo dated July 15, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving Wal-Mart’s request for postponement of consideration of a Conditional Use Permit for seasonal outdoor storage trailers to August 26, 1999, as attached to the Community Development Director’s memo dated July 19, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-151 MOTION: of Grendahl, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-112, Dakota County Lebanon Hills Campground Water Services. Ayes - 5 - Nays - 0. Resolution No. 1999-152 MOTION: of Grendahl, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-113, Storm Sewer for Apartments at 123rd Street and Germane. Ayes - 5 - Nays - 0. Resolution No. 1999-153 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing on Project 98-553, Birger Pond Outlet,, at 8:00 p.m., on August 12, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-154 MOTION: of Gren dahl, seconded by Goodwin, adopting approving plans and specifications for Combined Projects 98-805, Pond 213P Outlet, and 98- 823, Farquar Lake Outlet, and authorizing advertising for bids to be received, at 2:00 p.m. on August 19, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-155 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 99-104, 152nd Street Construction Between Garrett and Galaxie Avenues, and authorizing advertising for bids to be received, at 2:00 p.m. on August 19, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-156 MOTION: of Grendahl, seconded by Goodwin, adopting revising the description of the revocation of Municipal State Aid Street designation on County Road 38 to include only the portion between Johnny Cake Ridge Road and Pilot Knob Road. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Lease Extension for Liquor Store No. 1 with Time Square Shopping Center, L.L.P., through January 31, CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1999 Page 3 2005, as attached to the Finance Director’s memo dated July 15, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Building Inspection Service Agreement with Inspectron, Inc., as attached to the Building Official’s memo dated July 15, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement with The Grant Nelson Group for employee benefit consulting services as attached to the Human Resources Manager’s memo dated July 22, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated July 22nd, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing liquor sales by Lancer Food Service, Inc., at the Dakota County Western Service Center on August 7, 1999, under the provisions of City Code Section 3-45(o), as requested in the City Clerk’s memo dated July 22, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Contract for Use of Fire Safety House with the City of Rosemount for a safety camp on August 12, 1999, as attached to the Recreation Supervisor’s memo dated July 22, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA URBAN AFFAIRS COMMITTEE ISSUES Councilmember Goodwin questioned whether the issue of curbside refuse collection should be referred to the Urban Affairs Committee as recommended in the City Administrator’s memo. He noted it has been reviewed extensively and most residents agree with prohibiting placement of containers at the curb. Mr. Gretz said consideration was requested by refuse haulers who would like to discuss some ideas on districting. Compliance with container placement has been slipping and it is suggested the Committee discuss how enforcement should be handled also. MOTION: of Erickson, seconded by Hamann-Roland, referring issues concerning curbside refuse collection and parking of recreational vehicles to the Urban Affairs Committee as recommended in the City Administrator’s memo dated July 19, 1999. Ayes - 4 - Nays - 1 (Goodwin). PROJECT 98-814, LOTS 5-8 KNOTTYWOODS UTILITIES CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1999 Page 4 Mayor Hamann-Roland called the public hearing to order, at 8:08 p.m., to consider Project 98- 814, Lots 5-8 Knottywoods Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated June 15, 1999. Sewer and water improvements for these remaining lots, on the east side of Pilot Knob Road, are proposed at this time to coincide with construction of the road. Services for Lot 5 will not be installed because it is very low and unlikely to be built on. If it should become buildable, it could be served and costs assessed at that time. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:10 p.m. Resolution No. 1999-157 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 98-814, Lots 5-8 Knottywoods Utility Improvements. Ayes - 5 - Nays - 0. FRASER COMMUNITY SERVICES APARTMENT BUILDING Ms. Bodmer reviewed the Planning Commission recommendation on the application of Fraser Community Services for a 17-unit assisted-care apartment building on the northern portion of Lot 2, Block 1, Apple Valley Armory. A conditional use permit is required for this use in an “LB” zoning district. Fraser has entered into a purchase agreement with the City to acquire the entire lot and intends to construct a school on the southern portion. Barbara Barry, of Fraser Services, was present and said they intend to acquire the entire lot, but do not have funding at this time. They will be required by their lender to subdivide the lot before completing financing for the building. They are asking for building permit approval so they know where the lot should be divided. Councilmember Grendahl asked how transportation issues for residents were addressed? Ms. Bodmer said residents who are not physically disabled are capable of walking two blocks for bus service or riding bicycles. Mr. Miranowski said the Public Works Department plows snow on the sidewalks along 147th Street and County Road 42. Ms. Barry’s response also noted that physically disabled residents have door-to-door service through Metro Mobility. Don Kerwick, of KKE Architects, reviewed the building location on the site and landscape plan. Most of the grove of trees on the site will have to be removed and significant trees will be replaced as required by the City. The landscape plan does not take into account the replacement trees which are in addition to those shown on the plan. Resolution No. 1999-158 MOTION: of Erickson, seconded by Goodwin, adopting approving a Conditional Use Permit for a 17-unit assisted care apartment facility, by Fraser Community Services, in a Limited Business zone, on Lot 2, Block 1, Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1999 Page 5 Armory, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-159 MOTION: of Erickson, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit to Fraser Community Services for a 17-unit assisted care apartment facility on part of Lot 2, Block 1, Apple Valley Armory, with conditions, as recommended by the Planning Commission. Mark Ceminsky, 14625 Hallmark Drive, said the neighborhood thinks this is a good project, but is concerned that if the lot is subdivided, and Fraser does not build the school, that it would be sold for some other use. He asked if there is some commitment from Fraser? Mr. Kelley said the City has the purchase agreement with extensions to allow Fraser time to acquire the south lot. It is zoned Limited Business and that would determine future uses. Dave Halsey, Director of Operations for Fraser, commented on their building plans and said their option on the property extends to 2001. They fully intend to develop the south portion of the property by then. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 1999-160 MOTION: of Grendahl, seconded by Sterling, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-114, Fraser Community Services Utility Improvements. Ayes - 5 - Nays - 0. CHATEAU ESTATES 8TH ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on a proposed subdivision of Lot 7, Block 1, Chateau Estates, into three lots. The existing house, at 8477 - 133rd Court, will remain on one lot and all three new lots will meet the zoning and subdivision requirements. The lot lines have been reconfigured from the previous proposal considered April 22, 1999, and requires no variance. An existing detached garage will be moved to be 20 feet from the new lot line. Fire protection questions have been addressed and are not an issue. Water pressure is within the ideal range specified in the plumbing code. He reviewed the location of water, sanitary sewer and storm sewer in the Chateau Estates subdivision. Councilmember Erickson said the Council has again received letters from neighbors stating the subdivision should not be approved because there are restrictive covenants prohibiting lot splits. He noted the City cannot enforce private covenants. The proper course is for the association to take Mr. Buesgens to court to enforce them. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1999 Page 6 Mayor Hamann-Roland asked about tree removal on the lots. Mr. Lovelace said it is a heavily wooded site and about 17 percent, or 48 significant trees, will be removed. This will have to provide for replacement of the trees under Natural Resources Management Permit guidelines. There will not be mass grading on the lots, but erosion control measures will be required. Paul Reiland, of Johnson-Reiland Construction, said there is a buyer for the north lot who intends to build this year. There is no buyer for the south lot yet. The cost of proposed homes cannot be guaranteed, but they will exceed minimum sizes required by the covenants. Neighbors have been offered first options to purchase the new lots within 60 days of approval. Building pad locations have been sited on the lots and a house on the north lot would be about 200 feet from the house on the lot east of it. Councilmember Goodwin said he disagrees with the lot division and does not believe it follows the original intent of the development. People living there now have certain expectations that it will remain as is. This proposal would place one house behind another home and there will be privacy lost. There are all sorts of lots and neighborhoods in this community and he does not believe this unique neighborhood should be changed. Mr. Buesgens showed a layout of the property and said the average lot in the subdivision is 2.3 acres. His lot is nearly seven acres and subdividing it will not create substandard lots. This was the original developer’s lot and he does not believe there was an intent for it to remain unchanged. He has tried to be responsible with this proposal. On cul de sacs many houses are set at different angles and may even back up to each other. Resolution No. 1999-161 MOTION: of Erickson, seconded by Grendahl, adopting approving the preliminary plat of Chateau Estates 8th Addition (replat of Lot 7, Block 1, Chateau Estates) with conditions as recommended by the Planning Commission. Thomas Fabel, of Lindquist & Vennum, representing the neighborhood, was present and said there will be litigation if the plat is approved. The original plat was approved by the City and property owners have expectations that the area will remain as developed. If it is approved, the City should go on record as warning potential buyers that there are covenants on the lots. Councilmember Erickson asked if the proposed plat meets City ordinances? Mr. Lovelace said it does. Mr. Dougherty noted that the City does not enforce private covenants. They are filed of record with the County and are available to any potential buyers. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Goodwin and Sterling). CEDAR PROFESSIONAL BUILDING CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1999 Page 7 Ms. Milton reviewed the Planning Commission report on a proposed 9,500 square-foot, one-story office building at the northwest corner of 142nd Street and Cedar Avenue. It will be constructed with space for up to five tenants. Councilmember Erickson said studies of Cedar Avenue indicated that, at some point, access from 142nd Street might be limited and asked how that might affect this building? Mr. Kelley said the County plan discussed this issue and said access might be limited to right turns only. No time line was included as to when this might be implemented. Resolution No. 1999-162 MOTION: of Grendahl, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for an office building on part of Lot 1, Block 2, Hamlet I, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. BUDGET REVIEW MEETING MOTION: of Grendahl, seconded by Sterling, setting a special informal meeting, for review of the proposed 2000 City budget, at 4:00 p.m., on August 24, 1999. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated July 19, 1999, with a calendar listing upcoming events. Councilmember Grendahl said the MVTA Board received its 1998 audit at its meeting on July 21, 1999. It noted a finding on Y2K compliance. It also noted that transit hub grant funds were not being reported by the MVTA, but were being reported by the City. Mayor Hamann-Roland stated she has a copy of her check, the punch card for the Aquatic Center, and her receipt available as public record should anyone want to see them. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated July 14, 1999, in the amount of $853,631.52; and July 21, 1999, in the amount of $6,965,333.16. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:30 o’clock p.m.