Loading...
HomeMy WebLinkAbout12/21/1999CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 21st, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-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, Assistant Planner Bodmer, Police Chief Erickson, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Parks and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, and Assistant Planner Milton. 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 Sterling, 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 minutes of December 9, 1999, 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 budget hearing of December 6th, 1999, as written. Ayes - 5 - Nays - 0. Resolution No. 1999-291 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $250.00 from Williams Pipe Line Company for use by the Fire Department. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 2 MOTION: of Grendahl, seconded by Goodwin, proclaiming February 2, 2000, as “Groundhog Job Shadow Day” and encouraging participation in the program to provide job preparation awareness and inspiration to students. Ayes - 5 - Nays - 0. MOTION: of Grendah l, seconded by Goodwin, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley Sons of American Resolutions No. 1999-292 Legion, Squadron 1776, by adopting for February 12, No. 1999-293 No. 1999-294 No. 2000; for April 8, 2000; for July 4, 2000; and 1999-295 for November 11, 2000; and waiving any waiting period for the permits to become effective as listed in the City Clerk’s memo dated December 17, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconde d by Goodwin, approving issuance of a new on-sale 3.2 percent malt liquor or beer license to Grand Central Station, Inc., d/b/a Broadway Station of Apple Valley, at 15050 Cedar Avenue, #118. Ayes - 5 - Nays - 0. Resolution No. 1999-296 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on January 13, 2000; on the application of Grand Central Station, Inc., d/b/a Broadway Station of Apple Valley, for an on-sale wine license at 15050 Cedar Avenue, #118. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, setting a public hearing, at 8:00 p.m., on January 13, 2000; on a risk management plan for the Water Treatment Facility as described in the Public Works Supervisor’s memo dated December 17, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-297 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit to Dakota County for a shower facility in Lebanon Hills Regional Park, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-298 MOTION: of Grendahl, seconded by Goodwin, adopting approving a Conditional Use Permit for kerosene fuel sales by Farmers Union Coop/Cenex on Lot 1, Block 1, Galaxie Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-299 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit to Farmers Union Coop/Cenex for a kerosene fuel tank on Lot 1, Block 1, Galaxie Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 3 MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a house addition to within 24 feet of the rear lot line on Lot 9, Block 2, Meadowlark Glen (12772 Diamond Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-300 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Cedar Homes First Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a Natural Resources Management Permit for Cedar Homes First Addition with conditions as listed in the City Planner’s memo dated December 17, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-301 MOTION: of Grendahl, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 99-108, Regatta 3rd Addition Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on January 13, 2000. Ayes - 5 - Nays - 0. Resolution No. 1999-302 MOTION: of Grendahl, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 99-108, Regatta 3rd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 98-819, 1999 Street Maintenance, in the additional amount of $19,823.15. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the contract with Enebak Construction for Project 98-825, Diamond Path Street Construction, in the additional amount of $10,000.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 98-469B, Traffic Signals at 147th/149th Streets and Pennock Avenue, as final and authorizing final payment on the contract with Collins Electrical Construction Company in the amount of $12,851.80. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 98-550, 1998 Street Maintenance Program, as final and authorizing final payment on the contract with Valley Paving, Inc., in the amount of $34,130.52. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 98-803, Eveleth Path Construction at County Road 38, as final and authorizing final payment on the contract with K. A. Witt Construction in the amount of $5,682.38. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 4 MOTION: of Grendahl, seconded by Goodwin, accepting Project 99-819, 1999 Street Maintenance Program, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $67,629.31. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 99-110, Deep Well No. 16 Development, as final and authorizing final payment on the contract with E. H. Renner & Sons in the amount of $20,827.44. Ayes - 5 - Nays - 0. Resolution No. 1999-303 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for a cab and chassis for Park Department garbage truck and authorizing advertising for receipt of bids, at 9:00 a.m., on January 10, 2000. Ayes - 5 - Nays - 0. Resolution No. 1999-304 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for lease of 12 72-inch out front mowers and authorizing advertising for receipt of bids, at 2:00 p.m., on January 18, 2000. Ayes - 5 - Nays - 0. Resolution No. 1999-305 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the sale of a 1982 Ford LS9000 Fire Truck to Morse Bluff Rural Fire District, the only bidder, in the amount of $23,500.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Design Agreement with Trans- Alarm, Inc., for design of a card access system for the City Hall Project, at a cost of $2,000.00, as attached to the Police Captain’s memo dated December 17, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-306 MOTION: of Grendahl, seconded by Goodwin, adopting setting the reimbursement rate for mileage, under the travel policy, at $.325 per mile effective January 1, 2000. Ayes - 5 - Nays - 0. Resolution No. 1999-307 MOTION: of Grendahl, seconded by Goodwin, adopting approving and implementing the 2000 Employee Pay and Benefit Plan. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, author izing new position as included in the 2000 budget and listed in the Personnel Report dated December 21, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving promotion of Jeffrey Smith to the position of Police Sergeant, as listed in the Personnel Report dated December 21, 1999. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 5 MOTION: of Grendahl, seconded by Goodwin, approving hiring Jerel Howland for the position of MIS Technician, as listed in the Personnel Report dated December 21, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring Nicholas Francis, Ky Litecky, and Alan Spillers for the position of Police Officers, as listed in the Personnel Report dated December 21, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated December 21, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ATHLETIC ASSOCIATION PRESIDENTS AWARDS Mr. Johnson introduced Phil Boudewyns, Valley Athletic Association (VAA), and Lee Strom, Eastview Athletic Association (EVAA), outgoing Presidents of their respective organizations. He commended them for their efforts in establishing a new association and for serving an additional year in their positions to guide the process. Councilmember Goodwin presented the “Council Award of Merit” to Mr. Boudewyns and Mayor Hamann-Roland presented the same award to Mr. Strom. They expressed appreciation for their service and contributions to the community. SES NEW AMERICAN HIGH SCHOOL AWARD Dan Bodette, Principal of District 196’s School of Environmental Studies (SES); Monica Smith, a student; Brad Johnson, science teacher; and Rosalie Daniels, English teacher; were present. Mr. Bodette described the process and criteria used by the U.S. Department of Education in evaluating applicants for the “New American High School Award”. In November, SES was one of 13 schools to receive the award at a ceremony in Washington, D.C. He thanked the City for participating in development of the school along with the Zoo and showed the trophy presented by Secretary Riley. The Mayor congratulated them for receiving the award and commended them for being a part of the community. THE APPLE VALLEY FOUNDATION Jim Voyles, Secretary, and David Gaskill, President, of The Apple Valley Foundation, were present to introduce the organization and provide an overview of it. Mr. Voyles described its mission, to create a cultural legacy; and its 12-member Board. The Mayor is one member of the Board and a seat is reserved for another City representative; possibly the City Administrator or another Councilmember. He reviewed its proposed projects and pursuit of affiliation with The Minneapolis Foundation as a supporting organization. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 6 Mr. Gaskill described activities planned for a New Year’s Eve celebration at the IMAX theater at the Zoo. He said another project they hope to accomplish is opening a farmers’ market in the City sometime this summer. They invited anyone interested in the organization or its activities to contact them or other Board members. MASTER DEVELOPMENT DISTRICT AMENDMENT Jim O’Meara, the City’s tax increment counsel, reviewed proposed amendments to the City’s Master Development District Program and Tax Increment Financing Plans as outlined in his letter dated November 17, 1999. The amendments relate to redevelopment activities to acquire the McNamara property located west and south of Eastview High School. They affect Tax Increment Plans for TIF District Nos. 1 and 7 by an estimated cost of $5,025,000. Mayor Hamann-Roland called the public hearing to order at 8:40 p.m. to consider the proposed amendments and noted receipt of the affidavit of publication of the hearing notice. The Economic Development Authority also approved the amendments at its meeting tonight. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:41 p.m. Resolution No. 1999-308 MOTION: of Erickson, seconded by Goodwin, adopting approving amendments relating to the Apple Valley Master Development District, Development Program, and Tax Increment Financing Plans by providing for redevelopment and improvement activities to acquire the McNamara property located west and south of Eastview High School. Ayes - 5 - Nays - 0. HALLWOOD HIGHLANDS TOWNHOMES Ms. Milton reviewed the Planning Commission recommendation on a proposed preliminary plat for 15 townhouse units on Outlot A, Hallwood Highlands, located southeast of 133rd Street and Greenwich Court. The proposal includes variances for reduced building setbacks from Cedar Avenue and between townhouse buildings. Variances were also granted when the surrounding single family homes were developed to save trees. Councilmember Erickson asked for clarification of variances since a letter from Mark Henneman, 13319 Greenwich Court, contended such action would be illegal because the development can be done in an alternate plan without variances. Mr. Kelley and Mr. Dougherty described the purpose of variances to performance standards which are not like rezoning actions. Performance standards must be followed unless it can be demonstrated that following them would be a disadvantage to like property and would be a hardship. Most variance requests relate to topography issues or tree preservation. Councilmember Sterling asked if the berm along Cedar Avenue would remain? Ms. Milton said the grading plan shows it being retained. The variance requested is for a setback 50 feet from the property line instead of 75 feet. The Council discussed the distance to the travel lanes of Cedar CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 7 Avenue and the entrance ramp. Mr. Kelley said the variance would allow the building to be about 110 feet from the ramp lane. Councilmember Grendahl asked whether variances would be needed if the units were spread over the entire site rather than clustered at the northern end? Ms. Milton showed a copy of an alternate plan, prepared by the developer for illustration, with the units spread over the site. It is not being proposed and would require extensive grading and tree removal. It appears one variance between two buildings might be required. Mark Henneman, representing the neighborhood, said they object to the development and question whether the site can support 15 townhouse units. They ask that variances not be granted as a convenience to the developer and the zoning be reviewed. He noted the Chair of the Planning Commission referred to the setback variances as insignificant and said the Council should be making that determination. Jay Karlovich, representing Russell and Barbara Hall, the property owners, said if variances are not allowed so the buildings can be located closer to Cedar Avenue, they will be closer to existing homes. The units will be pushed farther south and more trees will need to be removed. The zoning allows up to 30 units on the site and the proposal is for 15 units. The size of the buildings could be reduced so more units could be added without any variances, but that is not what is being requested. Bill Diedrich, the developer, was present and said he has agreed with the tree preservation requirements, improved landscaping, and other conditions in the Planning Commission’s recommendation. Councilmember Goodwin questioned the neighborhood’s opposition to the variances and its request for zoning noting the zoning has existed since 1984. He noted that not allowing the variances does not help the residents, but would move buildings closer to their homes. MOTION: of Erickson, seconded by Goodwin, adopting a resolution approving the preliminary plat of Hallwood Highlands Outlot A; with 15 townhouse units, setback variances from Cedar Avenue and between buildings on Lots 6, 7, and 8; subject to conditions as recommended by the Planning Commission. Councilmember Goodwin questioned actual setbacks from existing homes in both the proposed plat and alternate plan and whether the developer would actually proceed with the project without the variances. John Zelinski, 13310 Greenwich Court, said he wants Apple Valley to remain a nice looking community and the developer is really putting 15 units on 3.5 acres, not five acres. The fence along Cedar Avenue is on the east side of the berm and some of it will be removed. He prefers the alternate plan moving the units south, which will also save more trees on the north end of the property. He asked the Council to consider allowing ten units on the 3.5 acres. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 8 MOTION: of Sterling, seconded by Grendahl, tabling consideration of Hallwood Highlands Outlot A preliminary plat until January 13, 2000, for further review and comparison of the proposed plat and alternate plan on the same scale. Ayes - 4 - Nays - 1 (Erickson). ORCHARD SQUARE SENIOR HOUSING PHASE II Ms. Bodmer reviewed the Planning Commission recommendation on a revised conditional use permit and building permit for the second phase of senior housing at the northeast corner of 157th Street and Gaslight Drive. A conditional use permit was granted for 99 units on the site with the first phase. A second building with 60 units is proposed bringing the total to 110 units or 22 units per acre. Mark Ulfers, Executive Director of the Dakota County HRA, was present and explained the request noting they have funding to construct the building with the additional units at this time. He commented on the need for this type of housing noting there are 314 households on the waiting list now. Jay Nelson, the architect, was present and reviewed the building plans. Resolution No. 1999-309 MOTION: of Erick son, seconded by Grendahl, adopting approving a conditional use permit for senior housing density bonus, allowing up to 110 housing units, on Lot 1, Block 2, Carroll Center 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-310 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for Phase II of Orchard Square Senior Housing, on Lot 1, Block 2, Carroll Center 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CEDAR HOMES 1ST ADDITION EASEMENT VACATION Mayor Hamann-Roland called the public hearing to order, at 9:55 p.m., to consider vacating drainage and utility easements being replaced by the new plat of Cedar Homes 1st Addition and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated December 17, 1999, describing the request. The three existing lots will be consolidated into one lot in the new plat. An easement for Dakota Electric along the north boundary will be retained. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 9:58 p.m. Resolution No. 1999-311 MOTION: of Grendahl, seconded by Goodwin, adopting completing vacation of drainage and utility easements on Lots 1 and 2, Block 1, Cedar Knolls Commercial, and Lot 1, Block 1, Apple Valley Family Housing. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 9 PRAIRIE CROSSING COMMERCIAL PROPERTY Ms. Bodmer reviewed her memo dated December 16, 1999, describing the request to vacate an unneeded part of old Dodd Boulevard south of County Road 42. The intersection with Diamond Path has been realigned and the old part of Dodd Boulevard will be combined with Lot 76, Block 5, Tousignant’s Prairie Crossing to create a new commercial lot. Resolution No. 1999-312 MOTION: of Erickson, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on February 10, 2000, to consider vacating part of old Dodd Boulevard south of County Road 42 and easements on Outlot A, Apple Valley East 6th Addition; and Lots 75 and 76, Block 5, Tousignant’s Prairie Crossing. Ayes - 5 - Nays - 0. Resolution No. 1999-313 MOTION: of Erickson, seconded by Sterling, adopting granting a temporary waiver of platting to allow transfer of title, on a metes and bounds description basis, on part of Lot 75, Block 5, Tousignant’s Prairie Crossing. Ayes - 5 - Nays - 0. Ms. Bodmer reviewed her memo dated December 17, 1999, describing the sale of Outlot A, Apple Valley East 6th Addition, to the developer of Prairie Crossing. The property was acquired by condemnation in connection with realignment of the Dodd Boulevard/Diamond Path intersection. The developer agrees to pay whatever price is determined at the conclusion of condemnation proceedings. MOTION: of Goodwin, seconded by Grendahl, approving the sale of Outlot A, Apple Valley East 6th Addition, to CWB Development LLC as described in the Assistant Planner’s memo dated December 17, 1999, and authorizing the Mayor and Clerk to execute the necessary documents. Ayes - 5 - Nays - 0. ORDINANCE AMENDING FEES The City Clerk reviewed her memo dated December 17, 1999, describing proposed fee amendments and gave the first reading of the amending ordinance. The amendments include utility trunk rates, Metropolitan Council service availability charge, and coin-operated amusement device license fees. The Council accepted the first reading. The second reading will be scheduled for January 13, 2000. 2000 MEETING SCHEDULE MOTION: of Erickson, seconded by Goodwin, setting the 2000 regular City Council meetings, on the second and fourth Thursdays of each month, in accordance with adopted policy, except setting November meetings on the third and fifth Thursdays CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1999 Page 10 and canceling the January 27th meeting, as described in the City Clerk’s memo dated December 17, 1999. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated December 17, 1999, with a calendar listing upcoming events. Mayor Hamann-Roland expressed appreciation to the Park & Recreation Department and all of the organizations that sponsored the Senior Citizens’ holiday party. CLAIMS AND BILLS MOTION: of Sterling, se conded by Goodwin, to pay the claims and bills, check registers dated December 15, 1999, in the amount of $1,685,377.12; and December 20, 1999, in the amount of $625,192.72. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:14 o’clock p.m.