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HomeMy WebLinkAbout03/27/1997CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 27th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; C ouncilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Molenda, City Engineer Gordon, Assistant to the 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 Sterling, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0. AUDIENCE - TRAFFIC SIGNAL REQUEST Mayor Humphrey asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. Rich Trombley, 6113 West 130th Street, expressed concern about children crossing Johnny Cake Ridge Road to Falcon Ridge Middle School. He presented a petition requesting a traffic signal at the intersection of County Road 38 and Johnny Cake Ridge Road. Mr. Gretz said the request will be referred to Dakota County to determine if the intersection meets traffic warrants for a signal. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, moving consideration of the D.A.R.E. Agreement 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 special meeting of March 4th, 1997, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained). MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of March 4th, 1997, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Page 2 MOTION: of Sterling, seconded by Grendahl, approving the minutes of the special meeting of March 20th, 1997, as written. Ayes - 5 - Nays - 0. Resolution No. 1997-58 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $2,000.00 for use by the Park Department from Apple Valley American Legion Post 1776. Ayes - 5 - Nays - 0. Resolution No. 1997-59 MOTION: of Sterling, seconded by Grendahl, adopting approving the Application for Exemption from Lawful Gambling License of Southview Elementary Parent Teacher Organization for an event on June 6, 1997; and waiving any waiting period for State Gambling Control Board approval. Ayes - 5 - Nays - 0. Resolution No. 1997-60 MOTION: of Sterling, seconded by Grendahl, adopting approving a Joint Powers Agreement with the City of Farmington and a joint innovation program application to Dakota County for $8,915.00 of recycling grant funds and authorizing the Mayor and Clerk to execute the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Second Amendment of Economic Growth Partnership Committee Agreement with the Chamber of Commerce, as attached to the City Attorney’s letter dated February 28, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting setback variances to allow construction up to 20 feet from the front lot lines on Lots 1 through 4, Block 2, Cedarwick; and a variance to allow construction up to 29 feet from the corner on Lot 1, Block 2, Cedarwick; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-61 MOTION: of Sterling, seconded by Grendahl, adopting ordering preparation of a preliminary engineering report for Project 97-530, Cedar Isle Estates 6th Addition improvements. Ayes - 5 - Nays - 0. Resolution No. 1997-62 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 95-489, Diamond Path Townhomes 2nd Addition Improvements, and Project 97-521, Wyndemere 4th Addition Improvements, as a combined project; and authorizing advertising for receipt of bids at 2:00 p.m. on April 17, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-63 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing to consider vacating a drainage and utility easement in Valley Oaks Phase 1, at 8:00 p.m., on April 24, 1997. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Page 3 MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Vista Development requesting installation of improvements and agreeing to accept assessment of the costs for Valley Oaks Phase 1 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-64 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 96-443, Valley Oaks Phase 1 Utility Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $118,964.35. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 94-430, Palomino Drive Reconstruction, as final and authorizing final payment on the contract with Richard Knutson, Inc., in the amount of $5,266.93. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 95-491, Hunters Wood Townhomes 3rd and 4th Additions Utility Improvements, as final and authorizing final payment on the contract with Richard Knutson, Inc., in the amount of $12,896.38. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Cedar Isle Estates 2nd Addition, from $24,380 to $14,280; and Cedar Isle Estates 4th Addition, from $34,350 to $21,325. Ayes - 5 - Nays - 0. Resolution No. 1997-65 MOTION: of Sterling, seconded by Grendahl, adopting approving the preliminary plat of Valley Commercial Park 4th Addition (replat of Lot 1, Block 1, Valley Commercial Park 2nd Addition), with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing Bonestroo, Rosene, Anderlik & Associates, Inc., to provide engineering services for the Arena Sub-Floor Replacement Project and proceed with preparation of plans and specifications as described in the Park and Recreation Director’s memo dated March 27, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-66 MOTION: o f Sterling, seconded by Grendahl, adopting awarding a three-year contract for long-term disability insurance for employees to Standard Insurance Company, the lowest responsible bidder, as described in the Human Resources Manager’s memo dated March 27, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the 1997-98 Labor Agreement with AFSCME Council #14, Local #479, Public Works Employees, as described in the CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Page 4 Human Resources Manager’s memo dated March 27, 1997, and authorizing execution of the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Christopher Petree for the full-time position of Maintenance I, Utilities, as listed in the Personnel Report dated March 27, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated March 27, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA D.A.R.E./POLICE LIAISON AGREEMENT Councilmember Goodwin expressed concern about the share of costs the School District pays toward D.A.R.E. and police liaison services provided by the City. It amounts to 45-46 percent of the cost of providing police officers and he would like to see the School District increase its share to two-thirds of the total cost especially with another high school opening. He noted the School has only been willing to contribute its special levy for this purpose and not any other funds. Mr. Gretz said this Agreement is for the 1996-97 school year and additional funding is being discussed for next year. Mayor Humphrey said this has been discussed with the School District. There are several bills in the legislature to an increase in the special levy also. MOTION: of Goodwin, seconded by Erickson, approving the Revised D.A.R.E. & Police Liaison Services Agreement with School District 196, for payment to the City of a total of $67,192.00 for 1996-97, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. INTRODUCTION OF NEW EMPLOYEES Mr. Miranowski introduced new full-time employees Robert Pagel, in Fleet Maintenance, and Christopher Petree, in Utilities Maintenance. The Council welcomed them to employment with the City. SPECIAL BOND ELECTION The Council reviewed a draft sample ballot showing two questions, as previously requested, to be considered at a special election. It also received cost projections for the bond issues. Resolution No. 1997-67 MOTION: of Goodwin, seconded by Grendahl, adopting calling for a special election, on May 20, 1997, on the issuance of $8,370,000 of General Obligation Bonds for public park and recreational facilities. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Page 5 Resolution No. 1997-68 MOTION: of Sterling, seconded by Erickson, adopting calling for a special election, on May 20, 1997, on the issuance of $795,000 of General Obligation Bonds for public cemetery facilities including related public infrastructures. Ayes - 5 - Nays - 0. PUBLIC HEARING, VACATION OF PUBLIC GROUNDS Mayor Humphrey called the public hearing to order, at 8:15 p.m., to consider vacation of Outlots A and B, Falcon Ridge Trail, and Outlot A, Greenleaf 10th Addition; and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the process involved in vacating the outlots if the Council determines they are no longer needed for a public purpose. He noted that part of Outlot A and B, Falcon Ridge Trail, would be returned to the State because that property was originally acquired as tax forfeit land. It would then be returned to the County’s list of tax forfeited land and be eligible for sale. Leann Snyder, 12982 Finch Way, asked what the cost would be to acquire the tax forfeited land? Mr. Kelley said the sale price would be set by the County. Richard Trombley, 6113 West 130th Street, asked what will happen to the property vacated? Mr. Kelley said if the City declares it has no interest in the land, the abutting property owner could go through a court proceeding to have it attached to their property. Mr. Molenda said generally the intent is that the property reverts to where it came from originally. In the case of Outlot A, Greenleaf 10th, that would be to the developer or the Greenleaf 10th lots. Dorothy Dockter, 6003 West 130th Street, asked what would happen to fences that were installed in this area? Mr. Molenda said a determination would have to be made as to who has a superior interest, the developer or property owners in Greenleaf 10th. The issue of fences would be a civil matter between the property owners. Jim Biesinger, 6105 West 130th Street, asked why they would want to purchase the property? Mr. Kelley said only the originally tax forfeit pieces would have to be purchased. The other property would have to be acquired by court action. Ms. Snyder asked how long the process would take? Mr. Molenda said the documents would have to be filed with the County Recorder and the State before proceedings could begin. Neal Lemonds, 6038 Falcon Ridge Trail, asked what is meant by the Falcon Ridge property owners having no claim on the property? Mr. Kelley reviewed the plats showing only Lots 1, 2 and 3, of Block 2, Falcon Ridge Trail would have an interest in part of Outlot A, Falcon Ridge Trail. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Page 6 Dave Del Santro, 6142 Falcon Ridge Trail, commented on confusion over the property ownership and their belief they could divide the property. There were no further comments and the hearing was declared closed at 8:35 p.m. Resolution No. 1997-69 MOTION: of Erickson, seconded by Goodwin, adopting completing vacation of Outlots A and B, Falcon Ridge Trail, and Outlot A, Greenleaf 10th Addition; and directing recording of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reconveyance of part of Outlot A and B, Falcon Ridge Trail, to the State of Minnesota as required when tax forfeited land is no longer used for a public purpose, and authorizing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. PROJECT 97-529, ROSEMOUNT SCHOOL DISTRICT ADDITION STORM SEWER Mayor Humphrey called the public hearing to order, at 8:36 p.m., to consider Project 97-529, Rosemount School District Additions Storm Sewer Trunks (EDB Facility), and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the details of the project as contained in the preliminary engineering report dated February 5, 1997. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:38 p.m. Resolution No. 1997-70 MOTION: of Erickson, seconded by Sterling, adopting ordering Project 97-529, Rosemount School District Addition Storm Sewer Trunks. Ayes - 5 - Nays - 0. ORDINANCE AMENDING “LB” ZONING DISTRICT LANGUAGE Mr. Kelley gave the second reading of an ordinance amending Section A1-34 of Appendix A of the City Code regarding limited business zoning districts as contained in his memo dated March 24, 1997. The amended language applies to the preamble/intent clause. Ordinance No. 625 MOTION: of Erickson, seconded by Sterling, passing amending Section A1-34(a) of Appendix A of the City Code to read: “Limited business districts are areas where uses are primarily restricted to office and professional services.” Todd Bachman, of Bachman’s, read a letter dated March 27, 1997, objecting to the amendment which he believes will have the intent of allowing retail sales on limited business zoned property at the northwest corner of County Road 42 and 147th Street. John Hessel, 164 Strese Circle, said he attended the Planning Commission hearing on the proposed Lyndale Garden Center and was not aware this amendment was being proposed. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Page 7 Mayor Humphrey said Bachman’s attorney pointed out inconsistencies in the zoning ordinance at that hearing and this amendment was brought forth to clarify the language. It affects all limited business zoned property, not just this site. MOTION: of Goodwin, seconded by Grendahl, tabling consideration of the foregoing motion. Ayes - 2 - Nays - 3 (Humphrey, Erickson and Sterling). Motion failed. Mr. Bachman said he believes there are other terms in the zoning ordinance that are confusing, such as greenhouse and nursery; they are production areas. Floral shops and garden centers are retail sales and the amendment should be discussed further. Mayor Humphrey asked what the status is of the Lyndale Garden Center purchase offer on the site? Mr. Gretz said completion of the City’s action was held pending resolution of the zoning issue. Mr. Kelley said the Planning Commission held a hearing on a conditional use permit, but action was delayed until the zoning was clarified. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Goodwin). MOTION: of Sterling, seconded by Erickson, referring the Lyndale Garden Center conditional use permit application, for property on the northwest corner of County Road 42 & 147th Street, to the Planning Commission for a new hearing on April 16, 1997. Mr. Hessel asked if the armory site property could be re-offered for sale based on a change in the zoning? Mr. Gretz said that question would have to be researched. Vote was taken on the motion. Ayes - 5 - Nays - 0. COMMISSION/COMMITTEE REAPPOINTMENTS MOTION: of Sterling, seconded by Grendahl, reappointing all members of the Parks & Recreation Advisory Committee for two-year terms expiring March 1, 1999; they are: Royal Bakke, Russell Defauw, John DiRico, Gregory Kopischke, Charlie Maus, Tina Rankin , and Andy Gustafson. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, reappointing all members of the Telecommunications Advisory Committee for two-year terms expiring March 1, 1999; they are: Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-Vaa, and David Westbrook. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, reappointing all members of the Urban Affairs Committee for two-year terms expiring March 1, 1999; they are: Robin Curran, Shirley Doering, Van Holston, Shelly Madore, John McKay, Sharon Schwartz, and Pamela Sohlberg. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 1997 Page 8 Resolution No. 1997-71 MOTION: of Erickson, seconded by Goodwin, adopting reappointing Alan Felkner and Marcia Gowling to the Planning Commission for three-year terms expiring March 1, 2000. Ayes - 5 - Nays - 0. CITY WEB SITE Councilmember Erickson commented on the City’s web site, previewed at the Economic Growth Partnership Committee meeting this morning, and noted the consultant indicated it was nearly ready to be released. MOTION: of Erickson, seconded by Grendahl, authorizin g Shade’s Landing to activate the City’s web site as soon as the changes discussed at the Economic Growth Partnership Committee meeting of March 27, 1997, are completed. Ayes - 5 - Nays - 0. MVTA ISSUES Councilmember Grendahl commended the Mayor for his representation at the Minnesota Valley Transit Authority (MVTA) meeting on March 26, 1997, and his request, on behalf of the City, for a more detailed budget document. The Council discussed communications between the MVTA and member cities and encouraged the City Administrators to initiate regular meetings with the Executive Director to improve the situation. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated March 12, 1997, in the amount of $358,065.08; March 19, 1997, in the amount of $577,542.20; and March 26, 1997, in the amount of $4,873,504.84. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:21 o’clock p.m.