Loading...
HomeMy WebLinkAbout10/22/1998CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 22nd, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphre y; Councilmembers 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, Fire Chief Calvin, 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. In lieu of the pledge of allegiance to the flag; Kerri Johnson, granddaughter of Mayor Humphrey, opened the meeting by singing the National Anthem. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. CHAMBER OF COMMERCE PRESIDENT Howie Register, new President of the Apple Valley Chamber of Commerce, was present and introduced himself. The Council welcomed him to his new position 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. NATIONAL NIGHT OUT RECOGNITION Richard Tostenson, of U.S. Senator Rod Grams’ office, was present and read a letter from the Senator commending the City on its crime prevention activities and local anti-crime programs. It is one of 30 cities in the state being recognized by the National Town Watch organization. He presented an award to the Mayor from the Senate recognizing the National Night Out program. Police Chief Willow said there are now 90 active block clubs in the City and noted Crime Prevention Specialist Monica Bogner’s efforts to establish the program. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 2 CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of October 8th, 1998, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving acceptance of COPS MORE 98 federal grant funds, in the amount of $50,420.00, for redeployment of Police Officers, as described in the Police Chief’s memo dated October 16, 1998, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 1998-195 MOTION: of Sterling, seconded by Grendahl, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Sons of American Legion, Squadron 1776, for an event on December 5, 1998, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a 1998 Christmas Tree Sales Lot License to Boy Scout Troop No. 205 for a site at the northwest corner of 142nd Street and Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing transfer of a microwave oven, recovered as stolen property, for use by the Police Department, as described in the Police Chief’s memo dated October 15, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of the South Metro Drug Task Force Joint Powers Agreement for 1999 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing soliciting proposals for retrofitting lighting at Liquor Stores No. 1 and 2, to be received November 17, 1998, as described in the Assistant to the City Administrator’s memo dated October 19, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-196 MOTION: of Sterling, seco nded by Grendahl, adopting setting a public hearing to consider vacating drainage and utility easements on Lots 9 and 10, Block 1, The Woodwinds 4th Addition, on November 12, 1998, at 8:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving various change orders for Project 97-542, Outdoor Family Aquatic Center, in the total amount of an additional $9,502.00, as listed in the Construction Manager’s letter dated October 16, 1998. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 3 MOTION: of Sterling, seconded by Grendahl, approving various change orders for the Apple Valley Community Center Gym Addition/Teen Center Building Project, in the total amount of an additional $4,442.00, as listed in the Construction Manager’s letter dated October 16, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Valley Oaks Townhomes, from $148,875.00 to $101,625.00; Hyland Pointe Townhomes, from $35,437.00 to $5,062.00; Rodeo Hills 2nd, from $83,275.00; and Rodeo Hills 3rd, from $82,669.00 to $49,761.00. Ayes - 5 - Nays - 0. Resolution No. 1998-197 MOTION: of Sterling, seconded by Grendahl, adopting approving and accepting an Agreement with Bruce Erickson to serve as Acting Chief of Police for the City and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing soliciting proposals for an executive search firm to assist with recruitment and selection of staff positions as described in the Human Resources Manager’s memo dated October 22, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Shane Mikkelson for the position of Police Officer as listed in the Personnel Report dated October 22, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the temporary promotion of Merle Lohse to the position of Police Captain as listed in the Personnel Report dated October 22, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated October 22, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA NEW POLICE OFFICER MIKKELSON Police Chief Willow introduced Shane Mikkelson, who has been hired as a new Police Officer for the City. The City Clerk administered the oath of office to Mr. Mikkelson and the Council welcomed him to employment with the City. COMMUNITY POLICING AWARD CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 4 Police Chief Willow commented on an award the City received at the International Chiefs of Police Association annual conference in Salt Lake City. ITT Night Vision sponsored the Community Policing Program Award for which 192 cities were nominated. Apple Valley ended up in the top 12 and received recognition for its program. POLICE CHIEF RESIGNATION Police Chief Willow submitted his resignation effective November 13, 1998, and advised the Council he has accepted a new position as Chief of Police for the City of Bloomington. He thanked the Council for the experience of working for the City and the Council thanked him for his outstanding efforts in instituting changes and managing the Department. RECRUITMENT COMMITTEE MOTION: of Goodwin, seconded by Sterling, appointing Mayor Humphrey and Councilmember Erickson to serve on a committee for the Police Chief recruitment process, along with the City Administrator and Human Resources Manager, as described in the Human Resources Manager’s memo dated October 22, 1998. Ayes - 5 - Nays - 0. FANTASY HOUSE SPACE LEASE Mayor Humphrey said the realtor managing the Big Apple Center, at the southeast corner of 147th Street and Pennock Avenue, has advised the City that a proposed lease with Fantasy House will not proceed and the deposit has been refunded. Concern was expressed that it operates an adult use establishment which the zoning ordinance prohibits in that location. Mr. Kelley suggested the Council may want to be on record prohibiting issuance of a building permit for that use even though the lease has been canceled. Resolution No. 1998-198 MOTION: of Grendahl, seconded by Sterling, adopting prohibiting issuance of a building permit for alteration or remodeling of premises for an adult establishment on part of Lot 1, Block 1, Valley Commercial Park 1st Addition, because it does not meet the locational or separational requirements of City Code Section A1-78. Councilmember Erickson noted newspaper articles indicated representatives of Fantasy House had met with the City about the location for such a business and were told it was acceptable. There is no information about them meeting with anyone from the City nor could they identify who they had talked with. Vote was taken on the motion. Ayes - 5 - Nays - 0. ADULT ESTABLISHMENT REGULATIONS CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 5 Mr. Kelley reviewed a proposed ordinance amending City Code Section 4-31 by adding a definition of the term “school” to the regulations for adult establishments. The zoning ordinance provides that adult establishments shall not be located closer than 1,000 feet to a school, among other sensitive uses; however, “school” is not defined. MOTION: of Erickson, seconded by Grendahl, waiving the requirement for two readings of an ordinance and allowing consideration of an ordinance amending City Code Section 4-31, as described in the Community Development Director’s memo dated October 20, 1998. Ayes - 5 - Nays - 0. Ordinance No. 652 MOTION: of Sterling, seconded by Erickson, passing amending City Code Section 4-31 by adding clause (n) defining school as any public or private elementary or secondary school, alternative learning center or any place of educational, cultural or artistical, spiritual, physical or vocational learning or instruction which is provided primarily to minors. Ayes - 5 - Nays - 0. 1998 SPECIAL ASSESSMENT ROLLS Mr. Gretz reviewed 1998 Special Assessment Rolls No. 442 through 452, totaling $14,567,799.00, for public improvements; and No. 453, totaling $40,437.26, for delinquent utility charges. One written objection to Roll No. 453, from Ed Feeser for rental property at 8370 West 140th Street, was received. That is in the process of being resolved and the $59.65 will be credited to the account if documentation of payment is provided. Mayor Humphrey called the public hearing to order, at 8: 30 p.m., on the Special Assessment Rolls and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. Kyle Groves, 6595 West 137th Street, said he is objecting to Roll No. 444, Wyndemere 4th Addition, because he has not been able to determine that the developer will be paying the lot costs. Mr. Dougherty advised that payments cannot be accepted until the assessments are levied (which will be 30 days after today) and that may be where the misunderstanding is. There were no other comments and the hearing was declared closed at 8:34 p.m. Resolution No. 1998-199 MOTION: of Erickson, seconded by Grendahl, adopting approving and levying 1998 Special Assessment Rolls No. 442 through 452 in the total amount of $14,567,799.00. Ayes - 5 - Nays - 0. Resolution No. 1998-200 MOTION: of Sterling, seconded by Grendahl, adopting approving and levying 1998 Special Assessment Roll No. 453, in the total amount of $40,437.26. Ayes - 5 - Nays - 0. CEDAR MARKETPLACE CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 6 Ms. Bodmer reviewed the Planning Commission recommendation on the proposed Cedar Marketplace development located on the old Minnehaha Falls Nursery site, at the northeast corner of 147th Street and Cedar Avenue. It will have two commercial lots with an Applebee’s Restaurant on one lot and two multi-tenant buildings on the other lot. She distributed a letter from Joseph Bergquist, 14660 Glazier Avenue, expressing concern about the location of the garbage dumpster for the north building and increased traffic with two driveway accesses to Glazier Avenue. Ray Connelly, representing the land owner and Oppidan Development, said they are willing to work with the City on Planning Commission recommendations and relocating the dumpster to the southeast corner of the northern building; away from the existing townhomes. The County allowed access to Cedar Avenue on the condition that driveways to Glazier Avenue remain open. Cedar and 147th Street will carry the majority of traffic to the site as traffic studies confirm. He distributed a copy of a letter from Applebee’s objecting to relocation of the trash enclosure doors to the north side of its building. Mr. Bergquist, representing the neighborhood, was present and asked for clarification of the dumpster relocation. He commented on landscape screening along the north property line and said they would like a higher berm and taller trees installed. Mr. Connelly said they are willing to work with the neighborhood to do as good a job a possible on the site. MOTION: of Erickson, seconded by Sterling, directing preparation of an ordinance amending the zoning in Planned Development No. 290 to allow limited business and community-scale retail uses on the old Minnehaha Falls Nursery site and Lot 2, Block 1, Apple Valley Office Addition, at the northeast corner of 147th Street and Cedar Avenue; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-201 MOTION: of Grendahl, seconded by Sterling, adopting approving the preliminary plat of Cedar Marketplace Addition, located northeast of 147th Street and Cedar Avenue, with conditions as recommended by the Planning Commission subject to passage of the zoning amendment. Ayes - 5 - Nays - 0. Resolution No. 1998-202 MOTION: of E rickson, seconded by Grendahl, adopting approving the site plan for Cedar Marketplace Addition and authorizing issuance of building permits for Applebee’s Restaurant, on Lot 1, excluding relocation of trash enclosure doors; and two multi-tenant buildings, on Lot 2, with conditions as recommended by the Planning Commission subject to resolution of relocating the garbage dumpster area for the north building and revised landscape screening. Ayes - 5 - Nays - 0. CEDAR BROOK MARKET MOTOR FUEL SALES CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 7 Ms. Bodmer reviewed the Planning Commission recommendation on proposed installation of gasoline pumps and a canopy at the existing Cedar Brook Market, 12503 Germane Avenue. Georgiana Helmboldt, the business owner, was present to answer questions. Resolution No. 1998-203 MOTION: of Grendahl, seconded by Sterling, adopting approving a Conditional Use Permit for motor fuel sales at Cedar Brook Market, on part of Lot 2, Block 15, Cedar Knolls, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-204 MOTION: of Erickson, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for motor fuel sales at Cedar Brook Market, on part of Lot 2, Block 15, Cedar Knolls, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ZONING RULING - SIZE OF ATTACHED GARAGES Mr. Kelley reviewed his memo dated October 16, 1998, concerning appeal of a Zoning Administrator’s ruling on the size of attached garages in residential zones. As a general rule, it makes an interpretation that the total square footage of an attached garage cannot exceed the total square footage of the first floor of the principal residence. Resolution No. 1998-205 MOTION: of Goodwin, seconded by Erickson, adopting affirming the Zoning Administrator’s ruling, dated September 15, 1998, including its attachments, concerning “Parking and Garage Size in Residential Districts” as an accurate interpretation of the intent and language of the zoning regulations, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. SCHLOTZSKY’S DELI BUILDING PERMIT Ms. Bodmer reviewed the Planning Commission recommendation on a proposed building permit for Schlotzsky’s Deli located at the northwest corner of County Road 42 and Pennock Avenue. The zoning permits a Class I restaurant, which this technically does not meet; however, the definition is in the process of being amended to include a casual restaurant as a Class I restaurant for which this operation will qualify. Jonathan Armor, of Winthrop & Weinstine, Tom Hanson, owner of a recently opened Schlotzsky’s in Burnsville, and Robert Peraza, of Schlotzsky’s, were present to answer questions. Mr. Peraza said they have no problem moving the service door to the west side of the building as requested by the Planning Commission. He will research whether the proposed siding material can be internally colored and, if it cannot, they will use stucco in combination with the brick. Resolution No. 1998-206 MOTION: of Ste rling, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for Schlotzsky’s Deli, on CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 8 Lot 3, Block 1, Walmarts 1st Addition, with conditions as recommended by the Planning Commission including relocating service entrance doors to the west side of the building. MOTION: of Humphrey, seconded by Sterling, amending the foregoing motion by deleting the requirement for building materials to be “internally colored” and stating only that they conform with all City ordinances and downtown development guidelines. John Bergman, 14691 Guthrie Avenue, said he has talked with the builder and has a concern with the need to repaint siding in a short period of time if it is not internally colored. It was noted the petitioner intends to use a high quality product and is required to maintain the building and site improvements. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the original motion as amended. Ayes - 5 - Nays - 0. PALOMINO HILLS BRIDLE PATH & DRAINAGE EASEMENT Mr. Gretz said the Council previously set a public hearing for November 12, 1998, to consider vacating a bridle path and drainage easement on Outlot 8, Palomino Hills. Legal staff has reviewed whether the petition requesting the hearing was acceptable. The request must be from a majority of property owners abutting the easement. It has been determined that the majority must be based on the number of property owners, not owners of lineal feet abutting the easement and, therefore, the petition was not adequate. MOTION: of Erickson, seconded by Grendahl, rescinding Resolution No. 1998-189 and canceling the public hearing previously set for November 12, 1998, to consider vacating a bridle path and drainage easement on Outlot 8, Palomino Hills. Councilmember Grendahl asked how negotiations are proceeding between the neighbors and the property owner for acquisition of the property? Mr. Kelley said there have been preliminary discussions only and it appears nothing will happen until the Comprehensive Plan update is completed. The Council discussed the update process which will need to be completed by the end of the year. Vote was taken on the motion. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated October 19, 1998, with a calendar listing upcoming events. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1998 Page 9 MOTION: of Erickson, seconded by Sterling, rescheduling the starting time of the special meeting on November 5, 1998, to 6:00 p.m., for canvass of election results. Ayes - 5 - Nays - 0. VAA THANK YOU LETTER Mayor Humphrey read a letter from Lise Anderson and Phil Boudewyns, of the Valley Athletic Association, thanking Randy Johnson and the Park & Recreation staff for assistance at the volunteer recognition picnic on August 15, 1998, at Hayes Community Center. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated October 14, 1998, in the amount of $8,641,597.92; and October 21, 1998, in the amount of $13,460,105.87. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:12 o’clock p.m.