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HomeMy WebLinkAbout08/27/1998CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 27th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Public Works Supervisor Blommel, Natural Resources Coordinator Colleran, Public Works Supervisor Flanders, Assistant to the City Administrator Grawe, Assistant Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, 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. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. 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 MOTION: of Grendahl, se conded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of August 13th, 1998, as written. Ayes - 5 - Nays - 0. Resolution No. 1998-166 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $3,060.00 from Apple Valley American Legion Post 1776 for portable radios to be used by the Police Explorer Scouts. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving outdoor activities for the Ring- Around-The-Arts Festival on September 19 and 20, 1998, in the Police CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1998 Page 2 Department’s parking lot at 147th Street and Galaxie Avenue, as described in the Recreation Supervisor’s memo dated August 20, 1998. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a temporary on-sale 3.2 percent malt liquor license to American Legion Post 1776 for use on September 19, 1998, at Fire Station No. 1, 15000 Hayes Road. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of an off-sale 3.2 percent malt liquor license to Cedar Brook Market, Inc., at 12503 Germane Avenue, for 1998. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, granting a setback variance to allow construction of a porch addition to within five feet of the east side lot line on Lot 8, Block 1, Pilot Pond (13525 Elkwood Drive), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-167 MOTION: of Grendahl, seconded by Sterling, adopting approving the final plat and the Subdivision Agreement for Cedar Isle Village Homes 2nd Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-168 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 98-801, Cedar Isle Village Homes 2nd Addition Utility and Street Improvements, to Inland Utility Construction, the low bidder, in the amount of $221,852.50. Ayes - 5 - Nays - 0. Resolution No. 1998-169 MOTION: of Grendahl, seconded by Sterling, adopting approving amendment of the Land Use Map of the Comprehensive Plan, from LD (Low Density Residential) to SF (Single Family Residential) for Stonewood First Addition, as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Ordinance No. 648 MOTION: of Grendahl, seconded by Sterling, passing rezoning the property being platted as Stonewood First Addition from A (Agriculture) to R-3 (Single Family Residential) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-170 MOTION: of Grendahl, seconded by Sterling, adopting approving the final plat and Subdivision Agreement for Stonewood First Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-171 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 98-534, Stonewood First Addition Utility and Street CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1998 Page 3 Improvements, to Hydrocon, Inc., the low bidder, in the amount of $80,982.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving notice that the request by Nordic Woods 17th Addition for a variance to townhome parking requirements has been withdrawn as confirmed by the letter dated August 24, 1998, from the Homeowner Board. Ayes - 5 - Nays - 0. Resolution No. 1998-172 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 98-802, Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) System Upgrade, to Automatic Systems Company, the low bidder with acceptance of a deduct and Alternate 3, in the net amount of $334,539.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 4 to the contract with Erickson Construction, Inc., for Project 97-545, Cedar Isle Village Homes Utility and Street Improvements, in the amount of an additional $12,785.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 97-545, Cedar Isle Village Homes Utility and Street Improvements, as final and authorizing final payment on the contract with Erickson Construction, Inc., in the amount of $78,690.61. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of subdivision financial guarantees for: Foxmoore II, from $67,500 to 0; Tousignant’s Prairie Crossing, from $518,225 to $322,512; Car-X, from $11,759 to $3,125; Rodeo Hills 3rd, from $123,400 to $82,669; and Hyland Pointe Townhomes, from $69,200 to $35,437. 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 August 27, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW EMPLOYEES Mr. Miranowski introduced the new Public Works Supervisors. Carol Blommel, who has been an employee of the Utilities Division for 11 1/2 year, was promoted to the position of Public Works Supervisor-Utilities. Pat Flanders, who is a new employee, was hired for the position of Public Works Supervisor-Streets/Cemetery. Mr. Johnson introduced Jay Peterson, who is a new employee in Park Maintenance. The Council welcomed them to their new positions. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1998 Page 4 BOULEVARD TREE REPLACEMENT PROGRAM Mr. Miranowski reviewed a proposed program to assist residents with replacing boulevard trees lost in this year’s storm as outlined in his memo dated August 20, 1998. Homeowners will buy and plant the trees and submit a receipt to the City during the period May 1 to July 4, 1999. They will be reimbursed for up to $100.00 of the cost of the tree. Homeowners who have already replaced trees will also be eligible for reimbursement. Mayor Humphrey asked if trees must be replanted in the same location and between the curb and sidewalk? Mr. Miranowski said the program is to replace boulevard trees and not trees lost on other parts of the lot. Homeowners can contact the City about location if they want to place them farther back from the street. Because not all of the old roots could be removed, it may not be possible to plant a new tree in the same location as the old one. MOTION: of Sterling, seconded by Goodwin, approving a 1999 Boulevard Tree Replacement Program, as described in the Public Works Director’s memo dated August 20, 1998, providing for reimbursement of up to $100.00 of the cost of purchasing a tree, including delivery, for eligible trees purchased in 1998 and 1999. Councilmember Grendahl asked about some of the oak trees suggested as eligible replacement trees in the program. Ms. Colleran said bur oaks and swamp white oaks are not necessarily resistant to oak wilt disease, but are receptive to new methods of treatment and, thus, are suggested for boulevards. Vote was taken on the motion. Ayes - 5 - Nays - 0. ANDERSON CAR WASH/LUBE FACILITY Mr. Kelley reviewed the Planning Commission recommendation on a proposed car wash and auto service facility on the southeast corner of 145th Street and Galaxie Avenue. The Council received a letter dated August 27, 1998, from Ross Fefercorn, representing the Cedar Isle CountryHomes development to the north, expressing concern about potential noise and lighting problems from a 24-hour a day operation. David Darrell, the architect, reviewed the site plans and commented on the berming and landscape screening that will be added along 145th Street. Police Chief Willow commented on the City’s noise ordinance which limits noise from sound systems to a distance of 50 feet between 10:30 p.m. and 7:00 a.m. and can be enforced. Mayor Humphrey asked if there is a restriction on hours of operation? Mr. Kelley said the zoning ordinance only limits hours of operation in neighborhood convenience center districts. If such restrictions are needed, the issue could be looked at on a city-wide basis. Jim Anderson, the CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1998 Page 5 property owner was present and said they have not determined what hours the auto lube/service portion of the business will be operating. Ordinance No. 649 MOTION: of Erickson, seconded by Goodwin, passing amending Section A16-2 of Appendix A of the City Code by adding car washes as a permitted use in Planned Development Designation No. 409 as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-173 MOTION: of Sterling, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a car wash/auto service facility on Lot 1, Block 1, A.V.C. Partnership, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-174 MOTION: of Goodwin, seconded by Erickson, adopting approving the corrective final plat of A.V.C. Partnership (replat of Lot 1, Block 1, Apple Valley Industrial Park 1st Addition), as recommended by the Planning Commission, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. WILLIAMS PIPE LINE INTERIM USE PERMIT Mr. Gretz read a letter dated August 27, 1998, from Curtis Proud, of Williams Pipe Line Company, concerning its request for a Comprehensive Plan amendment and rezoning, from industrial to multiple residential; and an Interim Use Permit to allow limited sand and gravel mining for two years. The letter requests continuing consideration of the proposal until December of 1998. MOTION: of Erickson, seconded by Sterling, tabling consideration of Williams Pipe Line Company’s application for an Interim Use Permit for temporary sand and gravel mining, Comprehensive Plan amendment, and rezoning until January of 1999, with final action by the end of January 1999; to allow Williams to make a written commitment on relocation of existing petroleum tanks and pump station as stated in its letter of August 27, 1998. The Council discussed its desire for a firm commitment by Williams on relocation of the tank farm site if sand and gravel mining is to be considered. Mayor Humphrey noted that his memo dated August 24, 1998, which the Council also received, described discussions with Williams about phasing out the petroleum storage use. Beth Gray, 14180 Flagstone Trail, representing the neighborhood, said they would like to have the issue addressed by the Council tonight as it stands. If it is not approved and Williams comes back with a new proposal including a relocation plan, they would again be willing to work with them. They would like the Council to take action tonight. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1998 Page 6 Barry Berg, 14068 Flintwood Way, said the neighborhood would like a commitment for removal of the tank farm and he asked the Council to table the request indefinitely until Williams comes back with such a proposal. Mr. Sheldon advised the Council that State law requires the City to act on petitions within specific time limits and table action to a specific date with agreement of the petitioner. He noted that if the Council determines to deny a petition, it should direct preparation of a finding of fact for adoption at its next meeting. Curt Proud, of Williams, was present and said they would agree to extending consideration of the petition until January of 1999. Vote was taken on the motion. Ayes - 5 - Nays - 0. COUNTY AGREEMENT FOR ELECTRONIC VOTING SYSTEM Ms. Mueller reviewed her memo, dated August 14, 1998, describing a proposed agreement with Dakota County for acquisition of new electronic voting equipment. The County will pay 75 percent of the cost of the equipment and finance the City’s 25 percent share over a three-year period. The acquisition process is intended to have the new equipment available for elections in the year 2000. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement to Arrange for the Purchase, Use, and Maintenance of Electronic Voting System with Dakota County, as attached to the City Clerk’s memo dated August 24, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. URBAN AFFAIRS COMMITTEE VACANCY The Council removed consideration of filling the vacancy on the Urban Affairs Committee from the agenda COMMUNICATIONS & CALENDAR The Council received a memo dated August 24, 1998, with a calendar listing upcoming events. Councilmember Sterling noted that the next ALF Ambulance Board meeting is scheduled for September 29, 1998. Mayor Humphrey noted the Economic Growth Partnership Committee met this morning and reviewed proposals for development of the Minnehaha Falls Nursery site and the Concord Industrial Park site. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1998 Page 7 MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated August 19, 1998, in the amount of $5,172,886.26; and August 26, 1998, in the amount of $6,492,619.26. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:08 o’clock p.m.