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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.