HomeMy WebLinkAbout05/14/1998CITY OF APPLE VALLEY
Dakota County, Minnesota
May 14, 1998
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held May 14th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Humphrey; Counc ilmembers Erickson, Goodwin, Grendahl, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney
Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the Administrator Grawe,
Assistant Planner Lovelace, Community Development Director Kelley, Human Resources
Manager Margarit, Public Works Director Miranowski, and Police Chief Willow.
Mayor Humphrey called the meeting to order at 8:00 p.m. The Councilmembers and everyone in
attendance took part in the pledge of allegiance to the flag led by members of Boy Scout Troop
No. 205.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as
amended. Ayes - 5 - Nays - 0.
MEMORIAL DAY PROCLAMATION
Vern Yetzer, of American Legion Post 1776, read a proclamation for “Memorial Day” on May
25, 1998. He invited everyone to attend the Legion’s memorial ceremony at Apple Grove Park,
near Fire Station No. 1, at 11:00 a.m.
MOTION: of Erickso n, seconded by Sterling, proclaiming May 15, 1998, as “Memorial Day”
and asking citizens to remember those who were casualties and injured in the
various wars and police actions. Ayes - 5 - Nays - 0.
DIAMOND PATH I TOWNHOMES ASSN.
Richard Tuma, President of Diamond Path I Townhomes Association, presented a framed letter to
the City thanking various Staff members for assistance with resolving development issues. At the
Association’s annual meeting, they voted to thank the City and express their appreciation. The
Council accepted the letter and acknowledged the Staff assistance also.
AUDIENCE
Mayor Humphrey 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.
CONSENT AGENDA
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 14, 1998
Page 2
MOTION: of Grendahl, seconded by Sterling, moving reminder of the Fire Department blood
drive to the regular agenda and approving all remaining items on the consent
agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded b y Sterling, approving the minutes of the regular meeting of
April 23rd, 1998, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, proclaiming May 17 to 23, 1998, as
“Emergency Medical Services Week” and recognizing the value and
accomplishments of emergency medical service providers. Ayes - 5 - Nays - 0.
Resolution No. 1998-84
MOTION: of Grendahl, seconded by Sterling, adopting accepting,
with thanks, the donation of a 1987 Pontiac Grand Am automobile from George
and Janet Hewitt to the Fire Department for use in training. Ayes - 5 - Nays - 0.
Resolution No. 1998-85
MOTION: of Grendahl, seconded by Sterling, adopting accepting,
with thanks, the donation of a squad car graphics package, valued at $447.00, for
the Police Department from Lloyd F. Rivers. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a temporary outdoor event license,
including on-sale wine and beer sales, for D & D of Minnesota, Inc., d/b/a Famous
Dave’s BBQ Shack, from 11:00 a.m. to 9:00 p.m., on June 21, 1998, in the
parking lot at 7543 West 147th Street. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Revised Joint Powers Agreement
with the Cities of Eagan and Rosemount, for use of Fire Department TSI
Portacount Equipment for testing self-contained breathing apparatus, and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing return of unexpended landfill
abatement funds, in the amount of $1,783.00, to Dakota County, as requested in
the Recycling Coordinator’s memo dated April 23, 1998. Ayes - 5 - Nays - 0.
Resolution No. 1998-86
MOTION: of Grendahl, seconded by Sterling, adopting ordering the
City Engineer to prepare a preliminary feasibility report for Project 98-803,
Shepherd of the Valley Church/Eveleth Path Connection to County Road 38 Street
Improvements. Ayes - 5 - Nays - 0.
Resolution No. 1998-87
MOTION: of Grendahl, seconded by Sterling, adopting ordering the
City Engineer to prepare a preliminary feasibility report for Project 98-805, Zoo
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 14, 1998
Page 3
Storm Water and Pond 213P Improvements east of Galaxie Avenue at the Zoo
boundary. Ayes - 5 - Nays - 0.
Resolution No. 1998-88
MOTION: of Grendahl, seconded by Sterling, adopting approving
the final plat and Subdivision Agreement for Regatta 2nd Addition and authorizing
the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, accepting Project 95-493, Valleywood Water
Reservoir Construction, as final and authorizing final payment on the contract with
Brown-Minneapolis Tank, in the amount of $5,000.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving reduction of the subdivision financial
guarantee for Walnut Hills from $27,100.00 to $2,280.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving transfer of unclaimed evidence
property for use by the Police Department as listed in the Police Chief’s memo
dated May 8, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving amendment of the 1998 Apple
Valley Tourism Bureau Budget by authorizing the expenditure of an additional
$2,900.00 for a concierge position at the AmericInn as described in the Assistant
to the City Administrator’s memo dated May 11, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing Staff to request proposals for
cemetery planning services, related to expansion of Lebanon Cemetery, as
described in the Assistant to the City Administrator’s memo dated May 11, 1998.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal
employees as listed in the Personnel Report and Addendum dated May 14, 1998.
Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
FIRE DEPARTMENT BLOODMOBILE
Councilmember Sterling read a letter from the Fire Department reminding residents that it will be
sponsoring the 9th annual American Red Cross Community Bloodmobile, at Fire Station No. 1,
on May 18, 1998, from 1:00 to 7:00 p.m. The Council encouraged everyone to participate and
donate blood.
PROJECT 96-501 PUBLIC HEARING
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 14, 1998
Page 4
Mayor Humphrey called the public hearing to order, at 8:10 p.m., on Project 96-501, Fischer
Market Place Utility and Street Improvements, and noted receipt of the affidavit of publication of
the hearing notice. Further information necessary for Council consideration of the project remains
to be completed as indicated in the City Clerk’s memo dated May 11, 1998. The Mayor asked
whether anyone was present to comment. There were no comments. The hearing was declared
continued to May 28, 1998, at 8:00 p.m.
KNOTTYWOODS STREET VACATION PUBLIC HEARING
Mayor Humphrey called the public hearing to order, at 8:11 p.m., to consider vacation of an
unnamed and unconstructed street in Knottywoods and noted receipt of the affidavit of
publication of the hearing notice. The area is an extension of 134th Street west of Pilot Knob
Road. Certain easements would need to be retained over the property as described in the
Community Development Director’s memo dated May 11, 1998. The Mayor asked whether
anyone was present to comment. There were no comments. The hearing was declared continued
to May 28, 1998, at 8:00 p.m.
FAMOUS DAVE’S WINE & BEER LICENSE AMENDMENT
Mr. Gretz reviewed the request of Famous Dave’s Restaurant for sidewalk seating and
amendment to its licenses for on-sale wine and beer sales at 7543 West 147th Street. It would
like to place four tables on the sidewalk in addition to the outdoor patio area it already uses. The
Council expressed concern about the number of chairs that might be placed in the area and the
distance from the curb. Randy Jernberg, Manager of Famous Dave’s, said they will use theater-
style roping to define the area and intend to use the area of sidewalk closest to the building.
Resolution No. 1998-89
MOTION: of Erickson, seconded by Goodwin, adopting authorizing
use of the sidewalk by Famous Dave’s BBQ Shack, at 7543 West 147th Street, for
up to four tables, with the number of chairs appropriate to the tables, to be
enclosed by theater-style roping; and amending the premises licensed for on-sale
wine and beer sales to include the 30-foot by 60-foot area (eight feet from the
curb) in front of the building subject to approval by Minnesota Liquor Control
Department. Ayes - 5 - Nays - 0.
DJD ADDITION OFFICE/WAREHOUSE
Ms. Bodmer reviewed the Planning Commission recommendation on a proposed office/warehouse
building in DJD Addition located on the southwest corner of 151st Street and Foliage Avenue.
The traffic consultant reviewed the rear parking and loading dock area which is adequate for most
trucks but noted a very large semi truck may have difficulty maneuvering on the site.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 14, 1998
Page 5
Arnie Esterbrook, the developer, was present to answer questions and said one-third of the
building has been leased to the Pioneer Press. This building design has been used in four other
cities and truck access has not been a problem. It is intended for three tenants with mostly
warehouse use and very few employees on the site. It is unlikely all three tenants would have
deliveries at the same time. In response to the Forestry Technician’s comments, he checked the
trees on the site; those over ten inches are cottonwoods
Resolution No. 1998-90
MOTION: of Erickson, seconded by Goodwin, adopting approving
the site plan and authorizing issuance of a building permit for an office/warehouse
on Lot 1, Block 1, DJD Addition; with conditions as recommended by the
Planning Commission. Ayes - 5 - Nays - 0.
Resolution No. 1998-91
MOTION: of Erickson, seconded by Sterling, adopting ordering the
City Engineer to prepare a preliminary feasibility report for Project 98-804, DJD
Addition Storm Sewer Improvements. Ayes - 5 - Nays - 0.
PAUL’S SOUTH CEDAR SERVICE BUILDING ADDITION
Mr. Lovelace reviewed the Planning Commission recommendation on a proposed building
addition and relocation of car wash and propane sales facilities for Paul’s South Cedar Service, at
7525 West 147th Street. Paul Graffunder, the owner, was present to answer questions.
Councilmember Erickson asked if there is adequate parking for cars being serviced? Mr.
Graffunder said there is plenty of parking now and he does not expect the need to change
Resolution No. 1998-92
MOTION: of Goodwin, seconded by Grendahl, adopting amending
the Conditional Use Permit, approved by Resolution No. 1991-105, for Paul’s
South Cedar Service for a car wash facility and liquid propane sales on Lot 4,
Block 3, Valley Commercial Park 1st Addition; with conditions as recommended
by the Planning Commission. Ayes - 5 - Nays - 0.
Resolution No. 1998-93
MOTION: of Goodwin, seconded by Grendahl, adopting approving
the site plan and authorizing issuance of a building permit for a building addition
for Paul’s South Cedar Service on Lot 4, Block 3, Valley Commercial Park 1st
Addition; with conditions as recommended by the Planning Commission. Ayes - 5
- Nays - 0.
GOWLING PLANNING COMMISSION RESIGNATION
The Council received a letter from Marcia Gowling, dated May 6, 1998, submitting her
resignation from the Planning Commission effective immediately. It was noted that she has been a
member of the Commission for 12 years; being appointed in 1986. Her current term expires
March 1, 2000. The Mayor asked that appointment to fill the vacancy be scheduled on the May
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 14, 1998
Page 6
28, 1998, agenda. Any individuals interested in the position should submit applications within the
next two weeks.
COUNTY ROAD 38 MAINTENANCE
Mr. Gretz said the issue of lack of maintenance of the landscaping along County Road 38
(McAndrews Road) at the Zoo entrance has been brought to the City’s attention. Landscaping
was installed by the State and since then the road has been turned over to Dakota County. The
County’s policy is that it only mows a couple of times a year and does not maintain right-of-way
landscaping. The options appear to be to ask the County for additional maintenance or for the
City to take it over. The Council agreed that Staff should request additional maintenance efforts
of the County as its first step.
COMMUNICATIONS & CALENDAR
The Council received a memo dated May 11, 1998, with a calendar listing upcoming events.
Councilmember Sterling said she is serving on the Finance, Administration & Intergovernmental
Relations Committee for the National League of Cities which is soliciting input on various issues.
She distributed copies of a questionnaire to the Council and asked them to return it to her. She
noted she is also serving on the Nominating Committee for Board positions at of the League of
Minnesota Cities annual meeting.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers
dated April 29, 1998, in the amount of $2,977,971.22; May 6, 1998, in the amount
of $457,022.34; and May 13, 1998, in the amount of $1,635,899.78. Ayes - 5 -
Nays - 0.
MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:05 o’clock p.m.