Loading...
HomeMy WebLinkAbout11/24/1998CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 24th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humph rey; 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, Assistant Planner Bodmer, Police Chief Erickson, Assistant to the City Administrator Grawe, Assistant Public Works Director Heuer, Assistant Planner Lovelace, and Human Resources Manager Margarit. Mayor Humphrey called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag led by the members of Cub Scout Pack 227. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Sterling, 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 Sterling, seconded by Grendahl, moving consideration of promotion to Working Foreman position to the regular agenda; and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of November 12th, 1998, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained). Resolution No. 1998-216 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,500.00 from Apple Valley American Legion Post 1776 toward the Senior Citizens’ Holiday Party. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, appointing Tom Montgomery, Hastings Public Works Director, to the Vermillion River Watershed Management Board to fill the vacancy for Group AAA member cities, as recommended in the Public Works Director’s memo dated November 20, 1998. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1998 Page 2 MOTION: of Sterling, seconded by Grendahl, approving an Addendum to the Purchase Agreement with Dominimum Acquisitions, LLC, to acquire Lot 1, Block 1, Apple Valley Family Housing Development, as described in the Community Development Director’s memo dated November 20, 1998; extending the closing date due to the City’s multi-family development moratorium, and authorizing the Mayor and Clerk to sign the same Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Relocation Settlement Agreement with American Lighting, Inc., authorizing payment of $85,000 for acquisition of part of Lot 3, Block 1, Apple Valley Business Center, related to Project 96-501, Fischer Market Place Improvements, as described in the Public Works Director’s memo dated November 20, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Relocation Settlement Agreement with Abbey Decorating Center, Inc., authorizing payment of $72,000 for acquisition of part of Lot 3, Block 1, Apple Valley Business Center, related to Project 96-501, Fischer Market Place Improvements, as described in the Public Works Director’s memo dated November 20, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Relocation Settlement Agreement with Philips Planning, Inc., authorizing payment of $22,000 for acquisition of part of Lot 3, Block 1, Apple Valley Business Center, related to Project 96-501, Fischer Market Place Improvements, as described in the Public Works Director’s memo dated November 20, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, second ed by Grendahl, approving a Mediation Confidentiality Agreement with Leo and Sharon Tutewohl for easement acquisition related to Project 96-426, Central Storm and Sanitary Sewer Interceptor Construction, as described in the Public Works Director’s memo dated November 18, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-217 MOTION: of Sterling, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-815, Cedar Marketplace Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of a subdivision financial guarantee for Hidden Valley Townhomes, from $6,158.00 to $3,951.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1998 Page 3 MOTION: of Sterling, seconded by Grendahl, approving the DCA Flexible Spending Account 1999 Fee Schedule for Administrative Services, as described in the Human Resources Manager’s memo dated November 24, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving promotion of Catherine Broughten to the position of Accountant II as listed in the Personnel Report dated November 24, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated November 24, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA WORKING FOREMEN POSITIONS Councilmember Erickson asked to discuss the Public Works Working Foremen positions indicating he believed no additional people would be brought on board as a result of the reorganization approved earlier this year. Ms. Margarit reviewed the Public Works Director’s memo dated November 20, 1998, explaining the reorganization involving Utility and Street Supervisor positions. The intent was that the Working Foremen positions in Utilities would continue to be filled, but if promotions were involved, the Maintenance II position would be left open. There will still be a vacancy in maintenance and that is the position AFSCME is objecting to not being filled. MOTION: of Erickson, seconded by Sterling, approving promotion of Cory Breitung to the position of Working Foreman - Utilities as listed in the Personnel Report dated November 24, 1998. Ayes - 5 - Nays - 0. WILLIAMS PIPE LINE PROPERTY PROPOSAL Mayor Humphrey noted the application of Williams Pipe Line Company for an Interim Use Permit Comprehensive Plan amendment and rezoning was tabled August 27, 1998, until January of 1999. A Councilmember has requested that it be brought back at this time to consider a response prepared by Williams. MOTION: of Goodwin, seconded by Sterling, removing consideration of Williams Pipe Line Company’s application for an Interim Use Permit to temporary sand and gravel mining, Comprehensive Plan amendment, and rezoning to multi-family residential from the table. Ayes - 4 - Nays - 1 (Humphrey). CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1998 Page 4 Mr. Lovelace reviewed his memo, dated November 20, 1998, describing Williams’s request on the property located north of County Road 42 and east of Flagstaff Avenue. Curt Proud, of Williams, was present and read his letter, dated November 18, 1998, concerning a commitment to relocate the existing tank farm and pump station. Kirsten Rojina, of Sunde Engineering, described the benefits of mining the northern 30 acres of the site; which would provide for construction of 147th Street and Flagstaff Avenue, a storm water holding pond, and down zoning to residential. If the sand and gravel excavation does not proceed, the entire 80 acres will remain an industrial site and Williams will no longer pursue relocating its facilities. Eric Lipke, of IDM Services, was present and said his company will manage the mining and relocation activities. Their incentive is to ultimately relocate the facilities. He has suggested the idea of forming a community council or committee to work with the company, involve residents in the process, and address any concerns about the project. Their intent is to work with the neighborhood and make this a good project for everyone. Beth Gray, 14180 Flagstone Trail, said they have had a good working relationship with Williams and the City thus far through the process. She requested the Council make the best decision for everyone and said she is willing to continue to work with the City on whatever decision is made. The neighborhood does not want gravel mining, but would like the tank farm moved. If road construction is the driving force behind the proposal, are there other options or alignments? Gary Stofferahn, 14119 Forest Lane, questioned what really is contained in Williams’s new proposal. The discussion indicates it does not have a time line as to when tanks would be removed. He noted the time line for mining in phase one seems to be expanding to two to three years. He questioned how financial conditions stipulated in Mr. Proud’s letter would be reviewed and enforced. He said he now has more questions than he had previously. Mayor Humphrey asked Mr. Kelley to outline a proposal for the Barton/Seed property presented to the Economic Growth Partnership Committee this morning. Mr. Kelley reviewed the 240-acre site, south of County Road 42, now operated under lease by Barton Sand & Gravel. Genstar Land Development, on behalf of the property owner, has given Barton a two-year notice to restore the property for development. This site was proposed by Williams as the processing operation site. The notice means it will only be available for two years and mining will proceed much faster than originally anticipated. Joanne Hilden, 14087 Friday Avenue, commented that because the letter from Williams was just received, the neighborhood has not had an opportunity to review the revised proposal. Councilmember Goodwin said he would be willing to look at the proposal if Williams had acquired property for a new site and the necessary easements. The reference to tax increment CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1998 Page 5 financing also disturbs him and he would not agree to it. Williams owns the existing site and can continue to pursue issues presented in its letter without approval from the City. Mayor Humphrey said the issue has been presented as a mining issue and is really a land use issue. The issue is whether the City wants industrial use to continue for the long term in its center. It is not practical to rezone the northern 30 acres with the elevation unchanged. Another concern about long-term industrial operations is that North Star Concrete, to the east, has changed ownership and may be expanding its operations. Councilmember Sterling commented on meetings and tours held this summer. The neighbors asked for a commitment from Williams to be out of the site in 10 years which Williams said cannot be guaranteed. Normally she would agree with the Staff recommendation; but in this case, she would support the neighborhood’s desires. Clyde Cooper, 14120 Forest Avenue, said the consensus is Williams does not have a place in the community the way the surrounding area has developed. Even though the proposal may have changed, they are opposed to mining. Ms. Gray said the neighborhood doesn’t necessarily need more time to discuss the issue before the Council. Other issues brought up about surrounding property raise more questions, but Williams proposal, specifically related to mining, has not changed. Their questions relate to future uses on the south 50 acres and the North Star property. Mayor Humphrey asked what Williams’s actions will be if the interim use permit is denied? Mr. Proud said Williams will cease relocation activities and make the best of the existing site. It will continue to be used for industrial purposes. He asked that the request not be separated into three parts, but considered as one action. MOTION: of Goodwin, seconded by Grendahl, directing Staff to prepare a finding of fact, for consideration December 10, 1998, to deny Williams Pipe Line Company’s application for an Interim Use Permit for temporary sand and gravel mining, Comprehensive Plan amendment to “MD”, and rezoning to “M-6B”. Ayes - 4 - Nays - 1 (Humphrey). ORDINANCE AMENDING DEFINITIONS OF RESTAURANTS Ms. Bodmer reviewed the Planning Commission recommendation and gave the first reading of an ordinance amending the definitions of restaurants in the City Code. Sections A1-3 and A1-67, of Appendix A, would be amended to add “casual restaurant” as a Class I restaurant. Definitions of Class II (fast food) restaurants would be clarified. A new Class III, neighborhood restaurant definition would be added. Section 3-31, related to liquor licensing, would be amended so the definition of a Class I, traditional restaurant, conforms with the zoning ordinance definition. The Council accepted the first reading; the second reading will be scheduled for December 10, 1998. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1998 Page 6 COMMUNICATIONS & CALENDAR The Council received a memo dated November 20, 1998, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated November 18, 1998, in the amount of $1,423,050.99; and November 23, 1998, in the amount of $9,572,429.77. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:40 o’clock p.m.