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HomeMy WebLinkAbout09/23/1999CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 23rd, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Ham ann-Roland; Councilmembers Erickson, Goodwin, and Grendahl. ABSENT: Councilmember Sterling. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Wrase, Assistant Planner Bodmer, Natural Resources Coordinator Colleran, Assistant Public Works Director Heuer, Assistant to the Administrator Grawe, Community Development Director Kelley, Police Captain Lohse, and Human Resources Manager Margarit. 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 Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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 Goodwin, seconded by Grendahl, moving consideration of an ordinance extending zoning study area moratorium to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the meeting of September 9th, 1999, as written. Ayes - 4 - Nays - 0. Resolution No. 1999-212 MOTION: of Goodwin, seconded by Grendahl, adopting approving submission of an application to Dakota County for 2000 Community Landfill Abatement funding, in the amount of $28,658.00, and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. Resolution No. 1999-213 MOTION: of Goodwin, seconded by Grendahl, adopting approving 1999 Special Assessment Rolls No. 462 through 471, for hearing purposes, in the CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Page 2 total amount of $4,224,131.00, and setting the public hearing, at 8:00 p.m., on October 28, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-214 MOTION: of Goodwin, seconded by Grendahl, adopting approving 1999 Special Assessment Roll No. 474, delinquent utility charges, for hearing purposes, in the total amount of $37,996.26, and setting the public hearing, at 8:00 p.m., on October 28, 1999. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing the sale of surplus Fire Department dive/rescue team equipment on October 13, 1999, from 6:00 p.m. to 8:00 p.m., at Fire Station No. 1, as described in the Fire Chief’s memo dated September 17, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-215 MOTION: of Goodwin, seconded by Grendahl, adopting establishing fire lanes at Eastview High School, as recommended by the Fire Marshal in his memo dated September 10, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-216 MOTION: of Goodwin, seconded by Grendahl, adopting approving the final corrective plat of Olson First Addition (replat of Lots 3 and 4, Block 1, The Woods 2nd Addition) and waiving the requirement for a subdivision agreement. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Easement Agreement with Nordic Square Limited Partnership for Project 98-512, East Trunk Storm Sewer, and authorizing payment of $44,960.00. Ayes - 4 - Nays - 0. Resolution No. 1999-217 MOTION: of Goodwin, seconded by Grendahl, adopting approving plans and specifications for Project 97-539, Cemetery Street and Parking Lot Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 21, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-218 MOTION: of Goodwin, seconded by Grendahl, adopting approving plans and specifications for Project 99-115, Deep Well No. 4 Pump Repair, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 14, 1999. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 98-469A, Pennock Avenue and 147th Street Modifications (Wal-Mart), as final and authorizing final payment on the contract with Valley Paving, Inc., in the amount of $14,710.51. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Page 3 MOTION: of Goodwin, seconded by Grendahl, accepting Project 98-817, Deep Well No. 6 Maintenance, as final and authorizing final payment on the contract with Keys Well Drilling, in the amount of $9,567.50. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 98-824, Chasewood Townhomes Utility Improvements, as final and authorizing final payment on the contract with Minger Construction, Inc., in the amount of $3,953.21. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for Installation of Storm Sewer on Highwood Way with CeCa Utilities, Inc., in the amount of $12,860.00, as attached to the Assistant Public Works Director’s memo dated September 23, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for Alimagnet Lake Level Monitoring Manhole Installation with Burschville Construction, in the amount of $14,700.00, as attached to the Assistant Public Works Director’s memo dated September 23, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Traffic Signal Agreement No. 99- 07 with Dakota County and the City of Rosemount for signals at the intersection of County Roads 42 and 33 (County Project No. 33-04) and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1999-219 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing installation of a stop sign on Cimarron Road at its intersection with Pennock Avenue. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seco nded by Grendahl, approving an Agreement for Traffic Control Sign Inventory with Short, Elliott, Hendrickson, Inc., not to exceed $8,500.00, as attached to the Assistant Public Works Director’s memo dated September 23, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for Concrete Sealer Application on Ring Route Sidewalks with Budget Sandblasting & Painting, Inc., in the amount of $18,700.00, as attached to the Assistant Public Works Director’s memo dated September 23, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Amendment extending the Agreement with Sharden Productions for cable television program production until CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Page 4 September 30, 2000, at attached to the Assistant to the City Administrator’s memo dated September 20, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, sec onded by Grendahl, approving a Labor Agreement with Law Enforcement Labor Services Local No. 243, the Police Sergeants Union, for the period 1998 through 2000, as attached to the Human Resources Manager’s memo dated September 23, 1999, and authorizing execution of the document. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated September 23, 1999. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ORDINANCE EXTENDING DEVELOPMENT MORATORIUM Frank Kleckner, owner of Lots 1 and 2, Block 1, Hidden Ponds; distributed a letter objecting to continuation of the development moratorium imposed by Ordinance No. 655 now in effect until September 30, 1999. He also objected to the Comprehensive Plan redesignation and implementation recommending an M-6 zoning on the property. He has submitted plans for the site, but was told they cannot be considered until the moratorium is lifted and he cannot sell the property until a plan is approved. Mr. Kelley reviewed some of the history on the property which is presently zoned M-7. It has been evaluated as part of the Comprehensive Plan update and is recommended for rezoning to M- 6. There are five sites in the City which are affected similarly. Until the Metropolitan Council completes its review of the Comprehensive Plan update, the City is not in a position to act on the rezonings or let the moratorium lapse. The Metropolitan Council extended its review period until November 23, 1999, but expects it to be completed earlier. Mr. Kelley said the primary reason for recommending a rezoning to M-6 on this property is a wetland issue. A study has not been done, but there is a wetland on the site and that will need to be delineated. Mr. Kleckner said he cannot accept M-6 zoning on the site and would like to proceed with a development application. Mr. Dougherty said, if the City accepts an application, the 60-day clock starts running on the City’s approval process. Since Metropolitan Council approval of the Comprehensive Plan has not been received, the City would be proceeding without knowing what the approval will be. MOTION: of Goodwin, seconded by Erickson, waiving the requirement for a second reading Ordinance No. 661 and passing amending the City Code by adding Section 17- CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Page 5 14.6, extending an interim zoning district for a reduced study area of five selected properties identified for further review as part of the Comprehensive Guide Plan update; all located north of County Road 42, currently zoned multiple-family or undeveloped with a natural slope of 12 percent or more. Within these areas, no permits for new development will be granted until December 30, 1999, unless extended, or upon adoption of an ordinance(s) to regulate land use and development. Ayes - 4 - Nays - 0. ORDINANCE REGULATING CLOSING OF MANUFACTURED HOME PARKS Mr. Kelley reviewed a request to consider an ordinance regulating manufactured home park closings proposed by All Parks Alliance for Change (APAC) as attached to his memo dated September 20, 1999. Henry Miller, 13001 Pennock, #97, in Apple Valley Estates; presented a petition, signed by residents of Apple Valley Estates and Cedar Knolls, asking the Council to adopt a park closing ordinance as authorized by M.S. 327C.095. He summarized the demographics of the parks, compiled from a survey they conducted, and said there has been speculation that the parks might close due to rising land values. Althea Rank, of Shakopee, said she has been a resident of Valley Haven Park in that City for 34 years. She described efforts to have Shakopee pass such an ordinance when that park actually did go up for sale. Passage of the ordinance did not lessen the threat to close the park, but it does give peace of mind to residents and provide a financial cushion should they have to relocate. Susan Abrams, 12506 Gavotte Avenue, said she moved here for the stability a home provides and good schools for her children. She would like to continue to live here and supports the ordinance. Will Olson, 12197 Geneva Way, said he has been an 18-year resident of the mobile home community. The low cost of living enabled him to stay here and put his daughter through school and college. He has a 1973 mobile home and has made improvements to it. If the park closed, he would only have nine months to move. He has seen other parks close and supports the ordinance. Colleen Arndt, Manager of Apple Valley Estates, said the current owner purchased the park after townhouse development was occurring around it. This owner has never closed a park and operates several throughout the area. They are neither opposed to or in support of an ordinance, but are neutral. Dot Ruth, commented on difficulties with landlords in other places and living here allows her to work and go to school part-time. She bought her home for $13,000 and cannot afford to move. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Page 6 Mary Aguilar, 13001 Pennock, #31, said she is happy to see new homes coming into the park, but there is an entry fee of $2,000 to $2,500 to bring in a homes. Park owners have financial stability and the homeowners should have economic stability also. Councilmember Erickson said he agrees with some type of park closing ordinance. The state passed a law that allows cities to enact ordinances requiring compensation in park closings. The state should have dealt with the matter rather than making cities solve the issue. Any ordinance considered will have to make the owner of the park financially responsible not other taxpayers. Councilmember Goodwin concurred and noted 10 other cities have passed ordinances in 10 different versions and it is appropriate to study the matter before considering. His concern also is about City liability and assuring the park owners are financially responsible. He restated that the state should have addressed the issue rather than passing it on to cities. James Paist, Executive Director of APAC, said he was not involved with APAC in 1987 when the legislation was passed, but understands the park owners strongly objected. The resulting law was as good of a compromise as could be reached. Barb Jones, 13001 Pennock, #11, said she was involved with the issue in 1987. The state association fought any legislation and what was enacted was a compromise. MOTION: of Goodwin, seconded by Erickson, referring the request to consider an ordinance regulating closing of manufactured home parks to the City Attorney’s office and Planning Commission for review and recommendation as described in the Community Development Director’s memo dated September 20, 1999. Ayes - 4 - Nays - 0. Mr. Kelley said the first step will be to get information from the City Attorney’s office on legal ramifications of an ordinance. Then two or three residents, who could serve as representatives, would be requested to meet with the Planning Commission, at a work session, to discuss the proposal. EASTWOOD RIDGE NRMP Ms. Bodmer reviewed her memo dated September 17, 1999, detailing a Natural Resources Management Permit (NRMP) for Eastwood Ridge located south of 132nd Street and east of Georgia Drive. Revised plans for building pads now show 39 percent of the trees on the site will be saved. By working with builders on individual house locations, the number of trees saved may be able to be increased to 50 percent. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a Natural Resources Management Permit for Eastwood Ridge, with conditions, as recommended in the Assistant Planner’s memo dated September 17, 1999. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Page 7 132ND STREET RIGHT-OF-WAY VACATION Mayor Hamann-Roland called the public hearing to order, at 9:20 p.m., to consider vacating excess right-of-way along 132nd Street west of Cedar Avenue and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed the proposed vacation of property originally acquired by MnDOT for Cedar Avenue construction and then turned back to the City. It was used to construct a driveway approach which is no longer needed with the platting of Eastwood Ridge. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 9:22 p.m. Resolution No. 1999-220 MOTION: of Erickson, seconded by Goodwin, adopting completing vacation of unused right-of-way south of 132nd Street and west of Cedar Avenue on property now being platted as Eastwood Ridge and directing recording the necessary documents. Ayes - 4 - Nays - 0. DAKOTA BUSINESS CENTER OFFICE BUILDING Mr. Kelley reviewed the request for reauthorization of a building permit on Lot 5, Block 1, Bor- Nel, as contained in his memo dated September 15, 1999. The original approval, by Resolution No. 1996-173, on July 25, 1996; has lapsed and a revised building plan has been submitted. The plan now shows garage doors facing Glenda Drive which should be painted to match the color of the building materials. Resolution No. 1999-221 MOTION: of Erickson, seconded by Goodwin, adopting reauthorizing issuance of a building permit, with setback variances, for an office building on Lot 5, Block 1, Bor-Nel, with conditions as listed in the document. Ayes - 3 - Nays - 0 (Grendahl Abstained). FRASER COMMUNITY SERVICES BUILDING Ms. Bodmer reviewed the Planning Commission recommendation on a preliminary plat to subdivide property, located northwest of County Road 42 and 147th Street, into two lots being acquired by Fraser Community Services. Access to 147th Street will be limited to one driveway for both lots. Barbara Barry, representing Fraser, was present to answer questions. Resolution No. 1999-222 MOTION: of Erickson, seconded by Grendahl, adopting approving the preliminary plat of Fraser First Addition (replat of Lot 2, Block 1, Apple Valley Armory) with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 1999 Page 8 Mr. Kelley reviewed his memo dated September 20, 1999, describing amendments to the Purchase and Option Agreements with Fraser Services to acquire the old armory property. The descriptions are being changed to follow the new lot boundaries and the closing date on the north parcel is being extended to January 31, 1999. MOTION: of Erickson, seconded by Grendahl, approving First Amendments to the Purchase Agreement and Option Agreement with Fraser Community Services for acquisition of property northwest of County Road 42 and 147th Street as attached to the Community Development Director’s memo dated September 20, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR Mr. Lawell noted that Councilmember Sterling was absent tonight because she is attending a Finance, Administration, and Intergovernmental Relations (FAIR) Steering Committee meeting, of the National League of Cities, in Salt Lake City. The Council received a memo dated September 20, 1999, with a calendar listing upcoming events. Mayor Hamann-Roland noted the City-wide clean up day is also scheduled for October 2, 1999. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated September 15, 1999, in the amount of $1,061,407.54; and September 23, 1999, in the amount of $1,564,376.66. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:35 o’clock p.m.