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HomeMy WebLinkAbout06/05/1997CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 5th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Counc ilmembers 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 to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, 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 amended. Ayes - 5 - Nays - 0. 4TH OF JULY CELEBRATION Mr. Johnson introduced Pat Schesso, Chair of the 4th of July Committee, who described activities planned for the celebration. This year a naturalization ceremony will be held at 11:00 a.m. The new citizens will then ride in the parade, starting at 1:00 p.m. The fireworks display will be , at 10:00 p.m., at Eastview. Resolution No. 1997-113 MOTION: of Erickson, seconded by Sterling, adopting proclaiming July 4, 1997, as “The 31st Annual Apple Valley 4th of July Celebration” and encouraging citizens to support and participate in the community-wide celebration. 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, adding hiring additional seasonal employees to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 1997 Page 2 CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of May 22nd, 1997, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, proclaiming June 14, 1997, as “Flag Day” and urging all citizens to PAUSE FOR THE PLEDGE, at 6:00 p.m., and recite the Pledge of Allegiance to our Flag and Nation. Ayes - 5 - Nays - 0. Resolution No. 1997-114 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $4,000.00 toward the 4th of July celebration from Apple Valley American Legion Post 1776. Ayes - 5 - Nays - 0. Resolution No. 1997-115 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of a Cannondale MP 900 Police Issue Mountain Bike for use by the Police Department from Apple Valley Chrysler-Plymouth. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a fireworks display at Eastview Athletic Complex, use of streets for a parade and other activities, and associated expenditures, on July 4, 1997, as listed in the Recreation Specialist’s memo dated June 2, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of Temporary On-Sale 3.2 Beer Licenses to the Rosemount Jaycees on July 4, 1997, for use at Hayes Field and Eastview Athletic Complex. Ayes - 5 - Nays - 0. Resolution No. 1997-116 MOTION: of Sterling, seconded by Grendahl, adopting approving an application for Exemption from Lawful Gambling License for Church of the Risen Savior for an event on September 21, 1997, at 14452 Hayes Road, and waiving any waiting period for State Gambling Control Board approval. Ayes - 5 - Nays - 0. Resolution No. 1997-117 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, on June 26, 1997, at 8:00 p.m., on 1997 Special Assessment Roll No. 419, in the amount of $9,228.00, for utility connections at 5725 West 150th Street. Ayes - 5 - Nays - 0. Resolution No. 1997-118 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 97-530, Cedar Isle Estates 6th Addition Utility and Street Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $323,462.90. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 1997 Page 3 Resolution No. 1997-119 MOTION: of Sterling, seconded by Grendahl, adopting approving a final plat Surveyor’s Certificate of Correction for Wyndemere 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-120 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and subdivision agreement for Kwik Trip Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-121 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and subdivision agreement for Rode’o Hills 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-122 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat, waiving the requirement for a subdivision agreement, for Valley Commercial Park 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-123 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 97-537, Wyndemere 5th Addition Utility and Street Improvements, and authorizing advertising for receipt of bids at 2:00 p.m., on July 3, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-124 MOTION: of Sterling, seconded by Grendahl, adopting ordering installation of stop signs at the intersections of: Hyland Drive and Hyland Avenue; and Hyland Drive and Hyland Pointe Court. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a contract for engineering services with Howard R. Green Company for the Longridge Reservoir Reconditioning Project as described in the Public Works Director’s memo dated June 2, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated June 5th, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CARROLL CENTER 4TH ADDITION (TRANSIT HUB) Mr. Kelley reviewed the Planning Commission recommendation on the proposed Carroll Center 4th Addition located east of Cedar Avenue between 155th and 157th Streets. The mixed use development includes a transit station with a park-and-ride lot, 16-screen movie theater, and future retail and multiple residential uses. The property is zoned under a planned development CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 1997 Page 4 which will need to be amended after a Comprehensive Plan amendment is approved by the Metropolitan Council. Councilmember Sterling asked who will maintain the proposed pedestrian greenway through the area? Mr. Kelley said the HRA will maintain the part adjoining its property and the City will maintain the balance. Wendell Smith, of Carmike Cinemas, was present to answer questions on the proposed theater. Samples of the building materials for the theater were reviewed. Resolution No. 1997-125 MOTION: of Sterling, seconded by Goodwin, adopting authorizing submitting an amendment to the Land Use Map (from NC/LB/N/HD/MD to RB/LB/CY/HD/MD) of the Comprehensive Plan, for the proposed Carroll Center 4th Addition, as recommended by the Planning Commission; to the Metropolitan Council for approval. Ayes - 5 - Nays - 0. Resolution No. 1997-126 MOTION: of Grendahl, seconded by Goodwin, adopting approving the preliminary plat of Carroll Center 4th Addition and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission; subject to completion of the Comprehensive Plan amendment process and planned development rezoning. Ayes - 5 - Nays - 0. Resolution No. 1997-127 MOTION: of Erickson, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for a movie theater, to Carmike Cinemas, on proposed Lot 2, Block 1, Carroll Center 4th Addition, with conditions as recommended by the Planning Commission, subject to completion of the Comprehensive Plan amendment process and planned development rezoning. Ayes - 5 - Nays - 0. PUBLIC HEARING, GARRETT DRIVE VACATION Mayor Humphrey called the public hearing to order, at 8:20 p.m., to consider vacation of part of Garrett Drive, south of 155th Street (part of Outlot A, Carroll Center Addition); and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the proposed vacation as described in his memo dated May 30, 1997. It will allow the street to terminate in a cul de sac in the new Carroll Center 4th Addition plat. Adoption of the resolution completing the vacation will be held until the new plat is filed. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:21 p.m. CAMAS SAND & GRAVEL MINING EXTENDED OPERATING HOURS Mr. Kelley reviewed the Planning Commission recommendation on the amendment to CAMAS, Inc.’s, conditional use permit for sand and gravel mining. The request is for extended hours of CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 1997 Page 5 operation for the balance of 1997 to allow completion of mining in the northeast portion of their property this year. Bob Bieraugel, of CAMAS, was present and commented on meetings held with the neighbors to address concerns. They have been operating under a temporary extension which seems to have been well accepted. Resolution No. 1997-128 MOTION: of Sterling, seconded by Goodwin, adopting approving a Conditional Use Permit for extended hours of sand and gravel mining (6:00 a.m. to 9:00 p.m., Monday to Friday, and 7:00 a.m. to 5:00 p.m., Saturday) by CAMAS, Inc., in the South Half of Section 36, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GALLES ADDITION EASEMENT VACATION Mr. Kelley reviewed the request to set a public hearing to consider vacation of storm pond easements in Palomino Hills in connection with the proposed plat of Galles Addition as described in his memo dated June 2, 1997. Resolution No. 1997-129 MOTION: of Erickson, seconded by Goodwin, adopting setting a public hearing to consider vacating drainage and utility easements on Outlots 7, 9 and 10, Palomino Hills, at 8:00 p.m., on July 10, 1997. Ayes - 5 - Nays - 0. DENTAL CLINIC - KWIK TRIP ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on the application for a building permit for a dental clinic located east of County Road 11 and north of Palomino Drive. Dennis Simmons, the petitioner, and Eldon Morrison, the architect, were present to answer questions. A 10-foot variance from the required 50-foot building setback and 20-foot parking setback along County Road 11 is also requested. Resolution No. 1997-130 MOTION: of Erickson, seconded by Goodwin, adopting approving the site plan, granting a variance to allow building construction up to 40 feet and parking lot construction up to 10 feet from the lot line along County Road 11, and authorizing issuance of a building permit for a dental clinic on Lot 2, Block 1, Kwik Trip Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS Councilmember Sterling attended a mock accident scene conducted at Apple Valley High School today. She commended SADD/MADD and emergency personnel for presenting a very effective message about the consequences of drinking and driving. CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 1997 Page 6 Councilmember Erickson said he received another complaint about traffic speeding at the south end of Garden View Drive and asked to have it looked into. Police Chief Willow said they have been concentrating on enforcement. This is an ongoing problem throughout the City and the Metro area. Councilmember Grendahl thanked Senator Knutson for his efforts in getting language more favorable to cities into the Omnibus Tax Bill. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated May 28, 1997, in the amount of $594,475.06; and June 4, 1997, in the amount of $12,649,943.17. Ayes - 5 - Nays - 0. CLOSE MEETING FOR LABOR NEGOTIATION ISSUES MOTION: of Sterling, seconded by Goodwin, to close the meeting, under the provisions of M.S. 471.705, Subd. 1a, to consider labor negotiations issues. Ayes - 5 - Nays - 0. The meeting was closed at 8:50 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Gretz, City Clerk Mueller, Human Resources Manager Margarit, and Police Chief Willow. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 9:45 p.m. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:45 o’clock p.m.