Loading...
HomeMy WebLinkAbout05/28/1998CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 28th, 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 Dougherty, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Park & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. Mayor Humphrey called the meeting to order at 8:25 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Goodwin, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. COMMUNITY ACTION COUNCIL AWARD Councilmember Sterling presented a Community Service Award to the Mayor on behalf of the Community Action Council Board. The award is to recognize assistance the City has provided to the organization over the years. The Community Action Council is decentralizing and moving its office to Lakeville, but will continue to have a presence in all area communities. AUDIENCE Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Barbara Burns, 13684 Harmony Way, presented a letter to the Council concerning reimbursement for tree removals on her property. She believes a City employee interfered with a private contractor she hired and, thus, she did not receive cost share money for oak wilt abatement which other residents did. She noted this relates to an assessment proposed for her property, later on the agenda, because she believes it should be deducted from the amount she believes the City owes her. Mr. Gretz said this issue has nothing to do with the assessment for unpaid utility bills. He did look into the matter when it was brought to his attention earlier this year. There has been much correspondence and conversation on the matter with Ms. Burns and a report can be prepared for the Council. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Page 2 MOTION: of Erickson, seconded by Goodwin, requesting the City Administrator to prepare a report on matters raised by Barbara Burns in her letter received May 28, 1998. Ayes - 5 - Nays - 0. CONSENT AGENDA MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of May 14th, 1998, as written. Ayes - 5 - Nays - 0. Resolution No. 1998-94 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, the donation of $5,000.00 from Apple Valley American Legion Post 1776 for the 4th of July Celebration. Ayes - 5 - Nays - 0. Resolution No. 1998-95 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,437.18 from the Optimist Club of Apple Valley for an IRIS Thermal Imaging System for the Fire Department. Ayes - 5 - Nays - 0. Resolution No. 1998-96 MOTION: of Goodwin, seconded by Gre ndahl, adopting accepting, with thanks, the donation of $250.00 from Bonestroo, Rosene, Anderlik & Associates, Inc., to benefit Parks and Recreation Department. Ayes - 5 - Nays - 0. Resolution No. 1998-97 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, the donation of $26.00 from Aagard Sanitation, Inc., toward recreation program activities. Ayes - 5 - Nays - 0. Resolution No. 1998-98 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of a Minnesota Lawful Gambling Exempt Permit - LG220, for the Church of the Risen Savior for a raffle, on June 6, 1999, at Apple Valley Ford, 7200 West 150th Street, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance by Minnesota Liquor Control Division of a Temporary On-sale Liquor License for Apple Valley American Legion Post 1776, for use on July 3 and 4, 1998, in the parking lot and park area at 14521 Granada Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing expenditure of $77,355.00 of park dedication/park maintenance funds for 1998 for projects as recommended by the CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Page 3 Park & Recreation Advisory Committee and described in the Park & Recreation Director’s memo dated May 22, 1998. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving continued participation in the Dakota County Community Development Block Grant entitlement program, covering fiscal years 1999 to 2001, as described in the Community Development Director’s memo dated May 22, 1998. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, granting a setback variance to allow construction of a house addition to within nine feet of the side lot line on Lot 4, Block 1, Scottsbriar 2nd Addition, (14365 Exley Lane) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, continuing the public hearing to consider vacation of right-of-way adjoining Lots 24 and 25 in Knottywoods, to June 11, 1998, as requested in the Community Development Director’s memo dated May 26, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-99 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of a Natural Resources Management Permit to Pulte Homes Corp. for Regatta 2nd Addition, with conditions as described in the Assistant Planner’s memo dated May 26, 1998. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving full-time assignment o f Michael Hammerstad to the position of Zoning/Code Inspector as listed in the Personnel Report dated May 28, 1998. Ayes - 5 - 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 May 28, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FISCHER MARKET PLACE DEVELOPMENT Mr. Lovelace reviewed the Planning Commission’s recommendation on the proposed 117-acre Fischer Market Place development located north of County Road 42 and east of Galaxie Avenue. The mixed use planned development is proposed for a combination of shopping center, retail business, limited business, general business and limited industrial uses. The Comprehensive Plan amendment for the development was submitted to the Metropolitan Council which determined there is no potential impact upon metropolitan system plans. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Page 4 Resolution No. 1998-100 MOTION: of Goodwin, seconded by Sterling, adopting approving an amendment to the Land Use Guide Map of the Comprehensive Plan for Fischer Market Place (from “GB/LB” and “LI” to “RB/GB”, “SC/RB” and “GB/LI”), as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the proposed planned development rezoning ordinance for Fischer Market Place. It provides performance standards for each of the subzones within the development. Prior to final plat approval, there will be an agreement with the developer incorporating the planned development ordinance. Ordinance No. 646 MOTION: of Sterling, seconded by Erickson, passing amending Appendix A of the City Code by establishing Planned Development Designation No. 646 for the Fischer Market Place development, allowing a mix of shopping center; retail, limited, and general business; and limited industrial uses, and creating performance standards regulating building size and bulk, setbacks, and appearance; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-101 MOTION: of Goodwin, seconde d by Grendahl, adopting approving the preliminary plat of Fischer Market Place, consisting of 17 lots and four outlots, with conditions to be included in a subdivision agreement, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Dougherty reviewed the request for a temporary waiver of platting of Lot 3, Block 1, Apple Valley Business Center. There are two buildings on the lot and, as a condition of the preliminary plat, the southern portion of the lot will be acquired and included in the plat. The waiver is needed to allow title to be transferred on the property. Resolution No. 1998-102 MOTION: of Goodwin, seconded by Grendahl, adopting approving a temporary waiver of platting for Lot 3, Block 1, Apple Valley Business Center, allowing transfer of title on a metes and bounds description basis prior to filing the final plat of Fischer Market Place. Ayes - 5 - Nays - 0. PROJECT 96-501 PUBLIC HEARING Mayor Humphrey reconvened the public hearing, at 9:02 p.m., on Project 96-501, Fischer Market Place Utility and Street Improvements, as continued from May 14, 1998. Mr. Gordon reviewed the proposed improvements as contained in the preliminary engineering report dated April 17, 1998. It includes sanitary sewer laterals, water trunks and laterals, storm sewer trunks and laterals, and streets. The intersection of 147th and Galaxie will be signalized and 147th Street will extend east through the development. Foliage will have a three-quarter intersection at County Road 42. Flagstaff will connect between County Road 42 and 145th Street with a signal at County Road 42. Galaxie will be widened to accommodate left turn lanes. Provisions for moving CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Page 5 the entrance to the County Western Service Center to the north will be included. The County anticipates reconfiguring its parking lot and moving the entrance in about five years. The Mayor asked for questions or comments from the Council and the public. Mr. Gretz read a letter from the firm of Kennedy & Graven, representing Williams Pipe Line Company, with comments about the location of Flagstaff Avenue. He noted that if Williams believes it has an issue with easements that will have to be resolved with preparation of the final plat documents. Tony Gleekel, representing Fischer Development, said he has not seen the letter yet, but they will address the matter. Councilmember Erickson asked who will pay for the cost of relocating the County Service Center entrance? Mr. Gordon said, in exchange for additional right-of-way for constructing turn lanes, the City will pay for it. There were no other questions or comments and the hearing was declared closed at 9:15 p.m. Resolution No. 1998-103 MOTION: of Goodwin, seconded by Sterling, adopting ordering installation of Project 96-501, Fischer Market Place Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1998-104 MOTION: of Goodwin, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Project 96-501. Fischer Market Place Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1998-105 MOTION: of Grendahl, seconded by Erickson, adopting affirming to the Minnesota Pollution Control Agency that roadway improvements identified in the Fischer Market Place Indirect Source Permit will be installed as parts of Project 96-501 and Project 95-487, Pilot Knob Road and County Road 42 intersection reconstruction. Ayes - 5 - Nays - 0. 1998 SPECIAL ASSESSMENT ROLLS Mayor Humphrey called the public hearing to order, at 9:20 p.m., on 1998 Special Assessment Rolls No. 439 through 441 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed the assessments totaling $419,364.00 for public improvements and $41,328.32 for delinquent utility charges. He noted that a letter was received from Barbara Burns, 13684 Harmony Way, related to Assessment Roll No. 441. It references an application for senior citizen deferral of the assessment. The purpose of the hearing is to establish the amount of the assessment, which is $215.07, for delinquent utility bills. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Page 6 Barbara Burns was present and said her mother, who is a senior citizen, has a recognized interest in the property. She had given an affidavit to the City Clerk who claims she no longer has it and said it was given back to her. Ms. Burns asked that the Council review it before it is rejected. Mr. Dougherty said an application for delayed payment of special assessments by senior citizens is not part of the Council hearing. A person either qualifies for the deferment or does not, based on homestead ownership. If a person is entitled to the deferral, the application can be processed after the assessment is levied. Councilmember Goodwin questioned the use of such a deferral and said he believed the senior citizen deferral was intended for significant assessment amounts, for improvements to property, rather than delinquent charges. The Mayor asked for other questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:30 p.m. Resolution No. 1998-106 MOTION: of Erickson, seconded by Sterling, adopting approving and levying 1998 Special Assessment Rolls No. 439 and 440, in the total amount of $419,364.00. Ayes - 5 - Nays - 0. Resolution No. 1998-107 MOTION: of Goodwin, seconded by Grendahl, adopting approving and levying 1998 Special Assessment Roll No. 441, in the total amount of $41,328.32. Ayes - 5 - Nays - 0. STONEWOOD 1ST ADDITION Ms. Bodmer reviewed the Planning Commission recommendation on the proposed Stonewood 1st Addition located north of 140th Street between the dead ends of Dublin Road. The subdivision will contain eight residential lots. The owner of adjoining Lot 18 in The Woodwinds, wishes to purchase an additional 20-foot strip of land. That lot will be replatted to include the property now shown as an outlot on the preliminary plat. A resident on Edenwood Court requested stop signs on the new Dublin Road to help slow traffic in the area. The Public Works Project Coordinator reviewed the area and determined that Dublin Road does not meet warrants for installation of a stop sign. The two lots with access to 140th Street, one of which has an existing house, will share a common driveway. The property owner has some concerns about timing of the driveway installation. Don Fondrick, the property owner, was present to answer questions. Resolution No. 1998-108 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing submitting an amendment to the Comprehensive Plan; changing the designation for Stonewood 1st Addition from “LD” to “SF”; to the Metropolitan Council as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Page 7 Resolution No. 1998-109 MOTION: of Erickson, seconded by Sterling, adopting approving the preliminary plat of Stonewood 1st Addition, consisting of eight lots, with conditions to be included in a subdivision agreement, as recommended by the Planning Commission, subject to negotiation of timing for shared driveway installation on Lots 4 and 5, Block 2. Ayes - 5 - Nays - 0. Resolution No. 1998-110 MOTION: of Goodwin, seconded by Sterling, adopting ordering preparation of a preliminary engineering report for Project 98-534, Stonewood 1st Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. PLANNING COMMISSION VACANCY Mayor Humphrey said several applications have been received for appointment to fill the vacancy on the Planning Commission, one of which was received today. Two of the Councilmembers have indicated they would like more time to contact the applicants and asked that action be held until the June 11th meeting. MOTION: of Erickson, seconded by Sterling, tabling consideration of appointment to fill the vacancy on the Planning Commission until June 11, 1998. Ayes - 5 - Nays - 0. RESCHEDULE MEETINGS Mr. Gretz said the Council has been invited to a function at the Zoo on June 11, 1998. This would require a change in the regularly scheduled informal and regular meetings on that date. MOTION: of Goodwin, seconded by Grendahl, cance ling the 6:30 p.m. informal meeting of June 11, 1998, and rescheduling the regular meeting to begin at 8:30 p.m. on that date. Ayes - 5 - Nays - 0. RENAMING EASTVIEW ATHLETIC COMPLEX Councilmember Goodwin said the athletic fields south of 140th Street, on both sides of Johnny Cake Ridge Road, have been called by both the names of Eastview and Central Athletic facilities. The Park & Recreation Advisory Committee reviewed possible names and made three recommendations. Since the City’s athletic fields are located between Eastview High School and Highland Elementary/Scott Highlands Middle Schools, it has become a confusing situation. He suggested the area be named Johnny Cake Ridge Park. Mayor Humphrey said part of the park includes a baseball field whose programs are supported by the American Legion and he would like to see that identified separately. He suggested that could be named Legion Field. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1998 Page 8 MOTION: of Goodwin, seconded by Erickson, renaming the City’s athletic complex area south of 140th Street on both sides of Johnny Cake Ridge Road as “Johnny Cake Ridge Park” and naming the baseball field “Legion Field”. Duane Glum, Commander of American Legion Post 1776, was present and said the Legion donated $10,300.00 toward the new batting cage at Apple Valley High School. By renaming the baseball field, the Legion will contribute to and support that facility also. Vote was taken on the motion. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated May 26, 1998, with a calendar listing upcoming events. Councilmember Sterling noted the Police Department has prepared the first issue of “Valley View”, a quarterly newsletter for neighborhood watch groups. Police Chief Willow said 5,000 copies have been printed and are being distributed by to the neighborhoods by block captains. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated May 20, 1998, in the amount of $12,956,357.29; and May 27, 1998, in the amount of $3,218,936.72. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:57 o’clock p.m.