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HomeMy WebLinkAbout09/10/1998CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 10th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hum phrey; 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, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, 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. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0. AUDIENCE - PALOMINO EAST APARTMENT SITE Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Roy Brandenburg, 394 Cimarron Road, read a petition requesting the Council to consider rezoning property located on Pennock Avenue, between Cimarron Road and Palomino Drive; referred to as Palomino East Apartment site. It asked that the current M-7C zoning be changed to R-2. He presented the petition to the Council along with a list of addresses in the neighborhood. He said they will continue to collect signatures for the petition and bring them to the next meeting. The Mayor asked Staff to review the request and bring back information, at the next meeting, including costs and ramifications of such rezoning and how restrictive covenants apply. Councilmember Goodwin asked if the Planning Commission should look at this request? Mr. Brandenburg said they would prefer the Council consider the request because the Planning Commission is now looking at the request of the property owner for an apartment project. Mr. Gretz said rezonings can be initiated in three ways; by the property owner, the Council or the Planning Commission. A report can be prepared for the Council who can then decide what action, if any, to take. MOTION: of Sterling, seconded by Grendahl, directing Staff to prepare a report, for the next meeting, on whether conditions of the area surrounding the Palomino East Apartment site have changed to warrant consideration of a rezoning; the ramifications and costs of initiating such action, legalities related to restrictive CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1998 Page 2 covenants, and the issue of parallel petitions proceeding through the Planning Commission. Ayes - 5 - Nays - 0. Stacey York, 129 South Surrey Trail, showed photographs of the site taken by her. She commented on a study being conducted of a wetland on the site; on which a report will be available by the end of November. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of August 27th, 1998, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing the U.S. Postal Servi ce to use the City’s logo on a pictorial cancellation for the grand opening of the Apple Valley Post Office on November 8, 1998, as described in the City Clerk’s memo dated September 4, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the sale of City vehicles being removed from service at Dakota County’s public auction, on October 3, 1998, as described in the City Clerk’s memo dated September 4, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-175 MOTION: of Sterling, seconded by Grendahl, adoptin g electing to continue participation in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving the LOGIS 1999 adopted budget, with total revenue of $3,590,823 and expenditures of $3,413,874, as attached to the Finance Director’s memo dated September 4, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-176 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for Project 98-552, Sealing of Deep Oil Exploration Well, and authorizing advertising for receipt of bids on September 29, 1998, at 2:00 p.m. Ayes - 5 - Nays - 0. Resolution No. 1998-177 MOTION: of Sterling, seconded by Grendahl, adopting awarding the purchase of a Used JCB 520 Loadall Telescopic Load Handler, for Public CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1998 Page 3 Works, to Lano Equipment, Inc., the only bidder, in the amount of $38,669.51. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving variou s change orders and issuance of purchase orders for Project 97-542, Outdoor Family Aquatic Center, in the total amount of an additional $48,689.00, as listed in the Construction Manager’s letter dated September 4, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving various change orders and issuance of purchase orders for the Apple Valley Community Center Gym Addition/Teen Center Building Project, in the total amount of an additional $6,707.00, as listed in the Construction Manager’s letter dated September 4, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 97-527, Tousignant’s Prairie Crossing Utility and Street Improvements, as final and authorizing final payment on the contract with CECA Utilities, Inc., in the amount of $50,082.33. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving release of subdivision financial guarantees for: Fischer Market Place, from $25,000 to $0; and Mistwood, from $54,250 to $0. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated September 10, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 1999 BUDGET AND TAX LEVY Mr. Gretz commented on the proposed 1999 budget and tax levy which the Council has previously reviewed in detail. He noted the Council is required to certify the proposed amounts by September 15th. Following the truth in taxation hearing, in December, the final amount must be certified which can be decreased but cannot be increased over the proposed amount. Four new positions are proposed for 1999; two in the Police Department (a Community Service Officer and an administrative person), one Recreation Specialist, and one administrative position in the Fire Department. He reviewed the ratio of fulltime employees to population; at 3.63 per 1,000 for 1998; and sworn Police Officers at .96 per 1,000. Mr. Ballenger reviewed summary budget information which indicates the City portion of property taxes will increase from 28.55 percent to 29.29 percent of the total bill. Due to a change in calculation of tax capacity rates, homes valued over $120,000 will see a decrease in actual tax CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1998 Page 4 dollars. The transit tax levy is recommended to increase less than the maximum and be limited to the same as the general tax levy. Resolution No. 1998-178 MOTION: of Erickson, seconded by Sterling, adopting approving proposed 1999 budgets, with total revenue of $29,162,372.00 and expenditures of $28,443,915.00, and approving the proposed net tax levy collectible in 1999 of $10,027,359.00. Ayes - 5 - Nays - 0. Resolution No. 1998-179 MOTION: of Grendahl, seconded by Sterling, adopting approving the proposed net transit tax levy collectible in 1999 of $983,023.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, setting the truth in taxation public hearing on proposed 1999 budgets and tax levy, at 7:00 p.m., on Monday December 7, 1998. Ayes - 5 - Nays - 0. PINECREST 3RD ADDITION Ms. Bodmer reviewed the Planning Commission recommendation on the proposed Pinecrest 3rd Addition located north of County Road 38 on future Eveleth Path. The subdivision would consolidate Shepherd of the Valley Church property into one lot and create four single family lots. She described options considered for Eveleth Path which is now a deadend street. In order to provide access to County Road 38 for the Church, address residents’ concerns, and resolve drainage problems, Eveleth Path is recommended to be extended as one-way, outbound to County Road 38. It would have two-way to the Church driveway. Dean Johnson, of Gold Key Development, who will be developing the single family lots, was present to answer questions. Rev. Paul Harrington, of Shepherd of the Valley Church, was present and described the need for access to County Road 38. They were informed that the County would not allow direct access for their driveway, but would allow a public street. They will be paying the cost for the Eveleth Path connection and a turn lane on County Road 38 and are selling the lots to fund the construction. Mayor Humphrey asked why the four lots are being rezoned to planned development? Mr. Kelley said that is the zoning of the surrounding neighborhood and these lots would then be consistent with that zoning. Ordinance No. 650 MOTION: of Erickson, seconded by Grendahl, passing rezoning four single family lots being platted in Pinecrest 3rd Addition from P (Institutional) to Planned Development Designation No. 315, Zone 1, as recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1998 Page 5 Councilmember Goodwin asked what was intended for Eveleth Path? Mr. Kelley said Pinecrest was developed when the Doyle property still existed. The street was left as a dead end with the intent of connecting it through the Doyle property to County Road 38 at some time. Roll call vote was taken on the motion: Goodwin - Aye, Sterling - Nay, Erickson - Aye, Grendahl - Aye, Humphrey - Aye. Councilmember Sterling questioned allowing a narrow lot next to the wetland and whether the site can accommodate four lots. Ms. Bodmer said each of the lots is larger than 10,000 square feet. As part of public improvements for the site, a catch basin would be installed to improve drainage. The pond to the west can be deepened and will also help with drainage issues. Resolution No. 1998-180 MOTION: of Erickson, seconded by Goodwin, adopting approving the preliminary plat of Pinecrest 3rd Addition, with conditions, as recommended by the Planning Commission. Doug Skipper, 12685 Eveleth Path, said the proposed houses will be close to County Road 38 and require excavating part of the hill along the road. Rev. Harrington said the Church has no plans to do anything else with the property. They have planted trees and intend to preserve the wetland area. They intend to add trees along Eveleth Path also. Vote was taken on the motion. Ayes - 5 - Nays - 0. Ms. Bodmer described the recommendation for a traffic study to monitor whether conditions improve on surrounding streets after the Church has a new access to County Road 38 and the signal is installed at County Road 38 and Johnny Cake Ridge Road. Councilmember Sterling asked if the study could include working with the County to allow the Church to have access to County Road 38 without extending Eveleth Path? Ms. Bodmer said it could but noted there are other reasons for extending the street. Councilmember Goodwin asked if such access was pursued with the County? Mr. Kelley said such a driveway access would require the City to apply for a variance from the County. MOTION: of Erickson, seconded by Grendahl, directing preparation of a study to monitor traffic and parking issues on Fairgreen Avenue, 126th Street, and Eveleth Path to evaluate whether conditions improve after new street access and traffic signal improvements are completed, as recommended by the Planning Commission.. Jim Reynolds, 12721 Eveleth Path, said he understands the County would consider a variance for Church driveway access if requested by the City as was done for Falcon Ridge Middle School. Traffic flow on surrounding streets is a problem caused by Church services being scheduled only 15 minutes apart. He is opposed to extending Eveleth Path CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1998 Page 6 and cited examples of other cul de sacs and deadend streets in the City containing more than 14 homes. Vote was taken on the motion. Ayes -5 - Nays - 0. Resolution No. 1998-181 MOTION: of Erickson, seconded by Humphrey, adopting directing preparation of a preliminary engineering report for Project 98-803, Eveleth Path/Pinecrest 3rd Addition Improvements. The Council discussed traffic counts on surrounding streets. Mr. Kelley said no counts have been taken on Eveleth Path, now a deadend street. Traffic on Fairgreen is estimated at 300 trips per day. Rob Mills, 12720 Eveleth Path, questioned the difference between a street ending in a turn around and a cul de sac and how a snow plow truck will maneuver with a one-way street if Eveleth is extended? Mr. Miranowski described the operation and said the truck will have to turn around and he has asked the Engineer to include such a area in the report. MOTION: of Sterling, seconded by Grendahl, amending the motion by directing the Engineer to add an alternate for the option of a cul de sac on Eveleth Path in the preliminary engineering report. Ayes - 2 - Nays - 3 (Erickson, Goodwin, and Humphrey). Vote was taken on the original motion. Ayes - 5 - Nays - 0. URBAN AFFAIRS COMMITTEE VACANCY MOTION: of Erickson, seconded by Sterling, appoin ting Barry Berg to fill the vacancy on the Urban Affairs Committee for a term expiring March 1, 1999. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated September 4, 1998, with a calendar listing upcoming events. Councilmember Goodwin asked about the process for reconsidering a vote taken on a motion earlier in the meeting. Mr. Sheldon said the appropriate action would be for a member, who voted on the prevailing side of that motion, to move to reconsider it. The original motion would then be before the Council to vote on again. Councilmember Goodwin said he would like to change his vote on preparation of a report related to the Palomino East Apartment site. He is concerned that the report will be coming back to the Council and bypassing the Planning Commission. If it contains a recommendation on rezoning the site, it would open the door for other citizens to bring items directly to the Council and by pass the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1998 Page 7 Mr. Sheldon said state law allows three parties to initiate rezoning actions. Citizens cannot start an action for rezoning. By ordinance, if an action takes place, it must go to the Planning Commission for hearing. Mayor Humphrey noted the Council would have options when it receives the report; refer it to the Planning Commission for a hearing, refer it with no recommendation, or not refer it. Councilmember Goodwin said he is still concerned about the process of making such a recommendation to the Planning Commission and setting a precedent. Mr. Gretz said by using the term considering a rezoning, it means the report should look at whether surrounding conditions have changed such that the land use should be looked at. The report will also look at the issues of private covenants and bridle path easements. Councilmember Erickson said he would also question the legality of initiating an action on the property while one petition is already being considered by the Planning Commission. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated September 2, 1998, in the amount of $6,238,913.70; and September 9, 1998, in the amount of $2,337,482.55. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:05 o’clock p.m.