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HomeMy WebLinkAbout02/13/1997CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1997 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 13th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Cou ncilmembers Erickson, and Goodwin. ABSENT: Councilmember Sterling. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Fire Chief Calvin, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, 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 led by members of Girl Scout Troop 1993 from Greenleaf Elementary School. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Goodwin, approving the agenda for tonight’s meeting as presented. Ayes - 3 - Nays - 0. “ABC” WEEK PROCLAMATION Barb Iantosca, of the Apple Valley Optimist Club, described the Club’s current child safety awareness program and read and asked the Council to approve a proclamation supporting it. MOTION: of Erickson, seconded by Goodwin, proclaiming February 16-22, 1997, as “Always Buckle Children (ABC) in the Backseat Week” in support of the Optimist Club’s child safety awareness program. Ayes - 3 - 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 Goodwin, seconded by Erickson, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1997 Page 2 MOTION: of Goodwin, seconded by Erickson, approving the minutes of the regular meeting of January 23rd, 1997, as written. Ayes - 3 - Nays - 0. Resolution No. 1997-27 MOTION: of Goodwin, seconded by Erickson, adopting accepting, with thanks, the donation of $534.32 from the Apple Valley Jaycees for use by the Park and Recreation Department. Ayes - 3 - Nays - 0. Resolution No. 1997-28 MOTION: of Goodwin, seconded by Erickson, adopting accepting, with thanks, the donation of $100.00 from North Star Concrete Company toward the Police Department D.A.R.E. Program. Ayes - 3 - Nays - 0. Resolution No. 1997-29 MOTION: of Goodwin, seconded by Erickson, adopting accepting, with thanks, the donation of furnishings and items, valued at $20,026.37, from the Apple Valley Seniors for the Apple Valley Senior Center. Ayes - 3 - Nays - 0. Resolution No. 1997-30 MOTION: of Goodwin, seconded by Erickson, adopting approving the Application for Exemption from Lawful Gambling License of Apple Valley American Legion Auxiliary, Unit 1776, for an event on March 8th, 1997; and waiving any waiting period for State Gambling Control Board approval. Ayes - 3 - Nays - 0. Resolution No. 1997-31 MOTION: of Goodwin, seconded by Erickson, adopting approving the Application for Exemption from Lawful Gambling License of Dakota County 40 & 8, Voiture 1457, for an event on March 17th, 1997; and waiving any waiting period for State Gambling Control Board approval. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, authorizing temporary use of a motor vehicle, for a one-day project during the month of February, in Lac Lavon Park and on the Lake for landscape work at 15676 Highview Drive as requested in James Joseph’s letter dated February 9, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving renewal of 1997 annual commercial sand and gravel excavation permits for Barton Sand & Gravel Co., CAMAS, Inc. (Model Stone), and Fischer Sand & Aggregate Co. as described in the Community Development Director’s memo dated February 10, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving renewal of additional refuse collection licenses for 1997 as listed in the City Clerk’s memo dated February 10, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a Special Use Permit for Kmart, at 7575 West 153rd Street, for a temporary storage trailer, from March 25 to May CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1997 Page 3 20, 1997; with conditions as listed in the Assistant Planner’s memo dated February 6, 1997. Ayes - 3 - Nays - 0. Resolution No. 1997-32 MOTION: of Goodwin, seconded by Erickson, adopting making a negative declaration on the need for an Environmental Impact Statement for the development known as Fischer Market Place based on the Environmental Assessment Worksheet findings. Ayes - 3 - Nays - 0. Resolution No. 1997-33 MOTION: of Goodwin, seconded by Erickson, adopting clarifying and/or modifying the proposed Comprehensive Plan Amendment for Fischer Market Place, as submitted to the Metropolitan Council by Resolution No. 1996- 273; by reconfiguring the intersection of Foliage Avenue and County Road 42 and addressing surface water runoff issues as requested in the letter dated January 8, 1997. Ayes - 3 - Nays - 0. Resolution No. 1997-34 MOTION: of Goodwin, seconded by Erickson, adopting setting a public hearing, at 8:00 p.m., on March 27, 1997, to consider vacating the City’s interest in Outlots A and B, Falcon Ridge Trail and Outlot A, Greenleaf 10th Addition. Ayes - 3 - Nays - 0. Resolution No. 1997-35 MOTION: of Goodwin, seconded by Erickson, adopting setting a public hearing, at 8:00 p.m., on March 27, 1997, to consider returning a portion of unused MnDOT right-of-way in Valley Oaks, Phase 1, for inclusion in the plat. Ayes - 3 - Nays - 0. Resolution No. 1997-36 MOTION: of Goodwin, seconded by Erickson, adopting approving the final plat and subdivision agreement for Rosemount School District Addition (EBD School) and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. Resolution No. 1997-37 MOTION: of Goodwin, seconded by Erickson, adopting receiving the preliminary feasibility report for Project 97-529, Rosemount School District Addition (EBD School) Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on March 27, 1997. Ayes - 3 - Nays - 0. Resolution No. 1997-38 MOTION: of Goodwin, seconded by Erickson, adopting establishing Pennock Avenue, between 140th and 147th Streets, as Municipal State Aid Street No. 186-112 and requesting the Commissioner of Transportation to approve the designation. Ayes - 3 - Nays - 0. Resolution No. 1997-39 MOTION: of Goodwin, seconded by Erickson, adopting approving plans and specifications for Project 97-524, 1997 Street Maintenance Program and CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1997 Page 4 147th & Cedar Turn Lanes, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 13, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 2 to the contract with Arcon Construction for Project 94-426, Central Sewer Interceptors, in the amount of $107,644.93. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, accepting Project 94-426, Central Sewer Interceptors, as final and authorizing final payment on the contract with Arcon Construction in the amount of $119,042.07. Ayes - 3 - Nays - 0. Resolution No. 1997-40 MOTION: of Goodwin, seconded by Erickson, adopting awarding the purchase of a 60-70 H.P. Tractor for Park Maintenance to Polfus Implement, the low bidder, in the amount of $28,698.55 with sales tax. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, appointing Jo Colleran, Forestry Technician as the City’s delegate to choose new commissioners of the Vermillion River Water Management Commission as described in the Public Works Director’s memo dated February 13, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, receiving notice of appointment of Fire Department officers by the Fire Chief as listed in his memo dated February 10, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, renewal of the New Horizon Corporate Discount Program Agreement for employee child care and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving hiring Robert Pagel for the full-time position of Technical Specialist/Mechanic Fleet Maintenance as listed in the Personnel Report dated February 13, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving promotion of Michael Marben to the full-time position of Police Sergeant as listed in the Personnel Report dated February 13, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated February 13, 1997. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving adding one full-time Maintenance I position in the Utilities Division as listed in the Personnel Report dated February 13, 1997. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1997 Page 5 END OF CONSENT AGENDA POLICE CHIEF’S ACHIEVEMENT MEDAL AWARD Police Chief Willow presented the Chief’s Achievement Medal Award to Officer Mike Marben in recognition of the community oriented policing program he began in the downtown business area. Chief Willow reviewed the benefits of the program, as detailed in his memo dated February 10, 1997. He noted that with Officer Marben’s promotion to Sergeant, the duties of this position will be assumed by Officer JoEllen Rutzen. HYLAND POINTE TOWNHOMES SETBACK VARIANCE Ms. Bodmer reviewed the Planning Commission recommendation on a request for an additional setback variance for a porch at 15936 Hyland Drive. When the plat was approved, a variance was granted to allow a 10-foot by 12-foot porch on Lot 12. A 12-foot by 14-foot porch was constructed instead resulting in the need for an additional two-foot variance. Bill Diedrich, the developer, was present and described the request. MOTION: of Goodwin, seconded by Humphrey, granting an additio nal two-foot setback variance to allow construction of a porch on Lot 12, Block 1, Hyland Pointe Townhomes, to within 52.5 feet of the curbline of Garden View Drive, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. HOLIDAY STATION - NORTH STAR INDUSTRIAL PARK Ms. Bodmer reviewed the Planning Commission recommendation on a proposed Holiday Station Truck Express at the northeast corner of County Road 42 and Johnny Cake Ridge Road. Mark Nelson, Holiday Real Estate Manager; and Dave Hoeschen, of Holiday; were present to describe the proposal and answer questions. Councilmember Goodwin commented on convenience store uses in connection with motor fuel sales and asked what uses are allowed in an I-1 zone? Mr. Kelley said truck stops, vehicle repair and servicing, and wash facilities are among the conditional uses. Councilmember Erickson expressed concern about traffic flow and access to Johnny Cake Ridge Road. Glen Van Wormer, the City’s traffic consultant, reviewed his letter dated January 21, 1997, and said lining up the access with North Star Concrete’s driveway on the west is an improvement. Restricting access to 149th Street would provide the best traffic flow. Bill Radichel, North Star Concrete General Manager, was present and described truck traffic to and from his business. Mayor Humphrey asked if he would consider moving the driveway farther north so the driveways on both sides of Johnny Cake would align farther north than proposed? CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1997 Page 6 Mr. Radichel said he believed that would interfere with their storage yard. Mr. Nelson said they would use signage to encourage traffic to use 149th Street to exit to Johnny Cake Ridge Road. Resolution No. 1997-41 MOTION: of Goodwin, seconded by Erickson, adopting approving a Conditional Use Permit for motor fuel sales and truck stop on Lot 5, Block 2, North Star Industrial Park, by Holiday Companies, in accordance with Section A1- 41(d) of Appendix A of the City Code. Ayes - 3 - Nays - 0. Resolution No. 1997-42 MOTION: of Erickson, seconded by Humphrey, adopting approving the site plan and authorizing issuance of a building permit to Holiday Companies for a motor fuel station/truck stop on Lot 5, Block 2, North Star Industrial Park, with the condition that access be provided to 149th Street through the northern part of the lot (identified as Outlot A) at such time as it is developed. Mr. Hoeschen expressed concern that a driveway through the northern part of the lot would make it undevelopable. Mayor Humphrey said the requirement is to provide access through the area when it is developed, not construct a driveway now. Vote was taken on the motion. Ayes - 3 - Nays - 0. VALLEY OAKS TOWNHOMES, PHASE 2 Ms. Bodmer reviewed the request to revise plans for Phase 2 of Valley Oaks, on the west side of Pennock Avenue south of 128th Street. Bill Diedrich, the developer, was present and described the proposal for two five-unit buildings instead of nine units in two buildings previously approved. No additional trees need to be removed than those shown on the previous plan and no setback variances are needed. Colleen Arndt, Eaton Park Manager, said they would still like to see fewer units and asked when construction will begin. Mr. Diedrich discussed the schedule with her and said the driveway access Park residents have been using can remain until around the middle of June. Resolution No. 1997-43 MOTION: of Erickson, seconded by Goodwin, adopting approving the revised site plan, with ten units in two buildings, and authorizing issuance of a building permit for Valley Oaks Townhomes Phase 2 (west side of Pennock), with other conditions as previously approved. Ayes - 3 - Nays - 0. Resolution No. 1997-44 MOTION: of Goodwin, seconded by Erickson, adopting approving the preliminary plat of Valley Oaks Townhomes Phase 2 (west side of Pennock) with 10 units, subject to the terms of a subdivision agreement, with other conditions as previously approved. Ayes - 3 - Nays - 0. SET COUNCIL APPLICANT INTERVIEWS CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1997 Page 7 MOTION: of Erickson, seconded by Goodwin, setting an inform al meeting, at 6:30 p.m. on February 27, 1997, for the purpose of interviewing applicants for appointment to the City Council as described in the City Clerk’s memo dated February 10, 1997. Ayes - 3 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS Mayor Humphrey noted receipt of a letter from the Eagan Fire Department expressing appreciation for Fire Chief Calvin’s assistance in mediating an issue. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated January 29th, 1997, in the amount of $3,972,985.50; February 5th, 1997, in the amount of $2,613,895.05; and February 12th, 1997, in the amount of $938,468.60. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:25 o’clock p.m.