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HomeMy WebLinkAbout06/26/1997CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 26th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Cou ncilmembers 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 Planner Bodmer, 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 Boy Scout Troop 293. APPROVAL OF AGENDA MOTION: of Erickson, 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 re vised refund for Greenstreets and salary adjustments for Schedule III employees to the regular agenda and approving all items remaining 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 June 5th, 1997, as written. Ayes - 5 - Nays - 0. Resolution No. 1997-131 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of a 1984 Buick automobile, from Judy Lynch, for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance by the Minnesota Liquor Control Commission of a Temporary On-Sale Liquor License for Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 2 Sons of American Legion Squadron 1776 for use on July 3 and 4, 1997, outdoors, at 14521 Granada Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing mailing notice of a revised policy on sidewalk snow removal by the City to property owners affected by the changes, as described in the Park & Recreation Director’s memo dated June 20, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Vermillion River Water Management Organization’s 1998 budget, as attached to the Public Works Director’s memo dated June 20, 1997; with Apple Valley’s apportionment of $11,447.55. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving the Planning Commission’s recommendation to hold a public hearing, on July 16, 1997, to consider amendment of Section A1-8 of Appendix A of the City Code, regarding placement of accessory buildings and structures, as described in the Planning memo dated June 20, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-132 MOTION: of Sterling, seconded by Grendahl, adopting approving an amendment to the Land Use Map (from LB, MD and GI to PK/SH Park/School) of the Comprehensive Plan, for High School Four Addition (Eastview), as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Ordinance No. 627 MOTION: of Sterling, seconded by Grendahl, passing rezoning High School Four Addition (Eastview) from “A” and “SG” to “P” (Institutional) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-133 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and subdivision agreement for Wyndemere 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconde d by Grendahl, approving reduction of subdivision financial guarantees for: Hunters Wood Townhomes 1st, from $13,125 to $7,000; Hunters Wood Townhomes 3rd, from $76,250 to $62,187; Hunters Wood Townhomes 4th, from $64,325 to $3,387; Hunters Wood Townhomes 5th, from $114,000 to $84,750; Cedar Isle Countryhomes, from $60,800 to $54,500; Williamsburg 2nd, from $46,500 to $12,500; Williamsburg III, from $57,025 to $31,400; Woodwinds 1st, from $11,900 to $6,488; Woodwinds 2nd, from $6,750 to $4,735; Woodwinds 3rd, from $24,650 to $13,965; Woodwinds 4th, from $13,800 to $12,575; and Woodwinds 5th, from $22,750 to $18,750. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 3 MOTION: of Sterling, seconded by Grendahl, approving an amendment to the annual excavation permit for Fischer Sand and Aggregate Company to allow transitional grading north of the 550-foot control mark, south of County Road and east of Pilot Knob Road, as described in the Public Works Director’s memo dated June 20, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-134 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 800-050J, Longridge Water Reservoir Reconditioning, and authorizing advertising for receipt of bids at 10:00 a.m., on July 18, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-135 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 97-523, Fischer Deep Well Testing & Cleaning, to Keys Well Drilling Company, for its low quotation, in the amount of $11,500.00. Ayes - 5 - Nays - 0. Resolution No. 1997-136 MOTION: of Sterling, seconded by Grendahl, adopting requesting the Dakota County Highway Department to conduct a traffic signal study at the intersection of Cedar Avenue and 143rd Street. Ayes - 5 - Nays - 0. Resolution No. 1997-137 MOTION: of Sterling, seconded by Grendahl, adopting ordering the installation of a stop sign on Heritage Lane at its intersection with 142nd Street. Ayes - 5 - Nays - 0. Resolution No. 1997-138 MOTION: of Sterling, seconded by Grendahl, adopting establishing no parking zones, in the vicinity of Eastview High School, along both sides of 140th Street, between Fleetwood Avenue and Pilot Knob Road; and along both sides of Flagstaff Avenue, south of 140th Street; and ordering installation of appropriate signs. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a contract for architectural services with Cording-Natwick-Hilbert Architects, Inc., for the gymnasium addition, park shelter, and teen center/park building park bond improvement projects, as described in the Park & Recreation Director’s memo dated June 20, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a contract for architectural services with Wold Architects and Engineers for Eastview site development park bond improvement project, as described in the Park & Recreation Director’s memo dated June 20, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 4 MOTION: of Sterling, seconded by Grendahl, approving a contract for architectural services with Bonestroo, Rosene, Anderlik & Associates, Inc., for the outdoor family swim center park bond improvement project, as described in the Park & Recreation Director’s memo dated June 20, 1997, and revised by the City Attorney’s memo dated June 25, 1997; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the revised fee schedule for City Attorney services effective January 1, 1998, as listed in Severson, Sheldon, Dougherty & Molenda, P.A. ‘s, letter dated June 5, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Medical Direction Agreement with Dr. Peter C. Frederixon for the Police and Fire Departments’ First Responder Automatic External Defibrillator Program and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving the City Attorney’s memo date d June 23, 1997, concerning potential purchase agreement language provisions for the sale of Lot 2, Block 1, Apple Valley Armory. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 26th, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the addition of a full-time Park Maintenance I position as described in the Personnel Report dated June 26th, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the addition of a part-time Utilities Clerk-Typist position as described in the Personnel Report dated June 26th, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA GREENSTREETS LICENSE REFUND Councilmember Erickson commented on the revised refund for Greenstreets Restaurant as described in the City Clerk’s memo dated June 23, 1997. He asked that an amendment to the City Code be prepared to clarify how liquor license refunds will be prorated in the future. MOTION: of Sterling, seconded by Grendahl, approving a revised refund of the prorated balance of 1997 On-Sale and Sunday Liquor License fees, in the amount of an CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 5 additional $766.65, to Cedar Valley, Inc., d/b/a Greenstreets Restaurant, which ceased business operations at 7543 West 147th Street. Ayes - 5 - Nays - 0. SCHEDULE III SALARY ADJUSTMENT Councilmember Goodwin asked to discuss the Administrator’s memo dated June 26,, 1997, concerning salary adjustment for Schedule III positions. Mr. Gretz asked that this be tabled to allow additional information to be prepared. MOTION: of Sterling, seconded by Goodwin, tabling consideration of salary adjustment for Schedule III positions. Ayes - 5 - Nays - 0. INTRODUCTION OF NEW EMPLOYEE Ms. Margarit introduced Cathy Broughten, the new full-time Receivables Account, and described her work experience. The Council welcomed her to employment with the City. FAMOUS DAVE’S BBQ SHACK WINE & BEER LICENSES Mayor Humphrey called the public hearing to order, at 8:05 p.m., to consider on-sale wine and beer licenses for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the application for the premises at 7543 West 147th Street including an outdoor patio area. They have advised they plan to open for business July 21, 1997. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:07 p.m. Resolution No. 1997-139 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing issuance of an On-Sale Wine License to D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, for premises at 7543 West 147th Street, subject to approval by the Minnesota Liquor Control Commission; and authorizing issuance of an On-Beer License for the same premises. Ayes - 5 - Nays - 0. PUBLIC HEARING, SPECIAL ASSESSMENT ROLL Mayor Humphrey called the public hearing to order, at 8:08 p.m., to consider 1997 Special Assessment Roll No. 419; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed the proposed assessment, requested by the property owners, for utility connections at 5725 West 150th Street. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:09 p.m. Resolution No. 1997-140 MOTION: of Erickson, seconded by Sterling, adopting approving 1997 Special Assessment Roll No. 419, in the total amount of $9,228.00, for CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 6 utility connections at 5725 West 150th Street, for certification to Dakota County. Ayes - 5 - Nays - 0. PUBLIC HEARING, THE WOODWINDS 3RD EASEMENT VACATION Mayor Humphrey called the public hearing to order, at 8:10 p.m., to consider vacation of drainage and utility easements on Lots 1 & 2, Block 1, The Woodwinds 3rd Addition; and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the proposed vacation as described in the Planning memo dated June 19, 1997. The lots are being replatted into The Woodwinds 6th Addition which will establish new easements. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:12 p.m. Resolution No. 1997-141 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of drainage and utility easements on Lots 1 & 2, Block 1, The Woodwinds 3rd Addition; and authorizing recording the necessary documents with Dakota County. Ayes - 5 - Nays - 0. CARROLL CENTER 4TH ADDITION (TRANSIT HUB) Mr. Kelley reviewed the actions needed to complete approvals for 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. Resolution No. 1997-142 MOTION: of Erickson, seconded by Goodwin, adopting approving 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 and approved by the Metropolitan Council for approval. Ayes - 5 - Nays - 0. Ordinance No. 628 MOTION: of Goodwin, seconded by Grendahl, passing amending Article A18 of Appendix A, of the City Code, by amending the uses in Planned Development Designation No. 507 for the proposed Carroll Center 4th Addition (transit hub) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-143 MOTION: of Grendahl, seconded by Erickson, adopting approving a subdivision grading permit for the proposed Carroll Center 4th Addition, with conditions, as recommended by the City Engineer. Ayes - 5 - Nays - 0. Resolution No. 1997-144 MOTION: of Sterling, seconded by Goodwin, adopting approving a temporary waiver of platting for the proposed Carroll Center 4th Addition to CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 7 allow transfer of title for portions of the property on a metes and bounds description basis prior to filing the final plat. Ayes - 5 - Nays - 0. Resolution No. 1997-145 MOTION: of Grendahl, seconded by Sterling, adopting releasing the underlying property owner from the Option, dated March 17, 1994, of providing Outlot C, Carroll Center 2nd Addition, to the City for roadway purposes. Ayes - 5 - Nays - 0. PUBLIC HEARING, PROJECT 97-536 Mayor Humphrey called the public hearing to order, at 8:19 p.m., to consider Project 97-536, Carroll Center 4th Addition (Transit Hub) Improvements; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated May 16, 1997. He noted the project will be done in two parts; one part for the theater/mixed use area west of the roadway and the roadway and the remainder as a separate project. The Mayor asked for comments from the Council and the audience. John Schaffhausen, 5725 West 150th Street, asked if there will be sidewalk connections between 155th and 157th Streets? Mr. Gordon said there will be sidewalk on both sides of the roadway. Councilmember Goodwin asked when the second senior apartment building will be built? Mr. Kelley said the HRA just completed a 10-year building plan and is now putting together a new 10- year plan for approval. That building will be in the new plan and potentially will be built by the year 2000. After everyone had been given an opportunity to comment, the Mayor declared the hearing closed at 8:25 p.m. Resolution No. 1997-146 MOTION: of Sterling, second ed by Grendahl, adopting ordering installation of Project 97-536, Carroll Center 4th Addition (Transit Hub) Improvements, in two parts, 97-536 and 97-538. Ayes - 5 - Nays - 0. Resolution No. 1997-147 MOTION: of Erickson, seconded by Sterling, adopting approving plans and specifications for Project 97-538, Carroll Center 4th Addition Utility, Street and Parking Lot Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on July 24, 1997. Ayes - 5 - Nays - 0. TOUSIGNANT’S PRAIRIE CROSSING DEVELOPMENT Ms. Bodmer reviewed the Planning Commission recommendation on the proposed Tousignant’s Prairie Crossing development located south of County Road 42 and west of Dodd Boulevard. The request is for 284 dwellings and a neighborhood commercial center on 66 acres. She CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 8 reviewed the future road alignments for extension of Diamond Path, south of County Road 42, and Dodd Boulevard with a future connection to 153rd Street to the west. Mike Falk, of CWB Development, the developer, described the design concepts of the proposal with varied housing and pedestrian trailway systems. He noted that 50 percent of the free- standing units will have front porches with that option available on all units. He described the neighborhood center proposal and said they are willing to abide by the limit on hours of fuel station operation of 6:00 a.m. to 1:00 a.m. Mr. Falk said they will be dedicating cash in lieu of land for park purposes, but will have a play area and structure within the development. The locations of Apple Valley East Park and Diamond Path Park were reviewed. John Schaffhausen, 5725 West 150th Street, asked about pond containment for the fuel station and whether a tunnel under County Road 42 could be used for park access. Ms. Bodmer said the engineering report will be addressing storm sewer and ponding for the area. A fuel station will be required to have trap catch basins to contain any spills on the site. Access to the park would be at the signalized intersection of County Road 42 and Diamond Path. Leo Tutewohl said he owns the property across from the neighborhood center and expressed concern about future alignment of Dodd Boulevard. He questioned the elevation of the proposed storm water pond. Mr. Falk said they would like to work with Mr. Tutewohl about access to the property and possibly purchasing it. Mr. Gordon said he is not sure what the proposed pond elevation is at this time. Resolution No. 1997-148 MOTION: of Goodwin, seconded by Sterling, adopting authorizing submitting an amendment to the Land Use Map (from LD to LD and NCC) of the Comprehensive Plan, for the proposed Tousignant’s Prairie Crossing, as recommended by the Planning Commission; to the Metropolitan Council for approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, directing Staff to prepare a planned development zoning ordinance for Tousignant’s Prairie Crossing, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-149 MOTION: of Sterling, seconde d by Goodwin, adopting approving the preliminary plat of Tousignant’s Prairie Crossing and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-150 MOTION: of Goodwin, seconded by Grendahl, adopting approving a temporary waiver of platting for the proposed Tousignant’s Prairie Crossing to CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 9 allow transfer of title for portions of the property on a metes and bounds description basis prior to filing the final plat. Ayes - 5 - Nays - 0. Resolution No. 1997-151 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for 116 multiple family dwellings, on proposed Lots 32-50 of the Villas portion of Tousignant’s Prairie Crossing, 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. 1997-152 MOTION: of Grendahl, seconded by Sterling, adopting approving a subdivision grading permit for the proposed Tousignant’s Prairie Crossing, with conditions, as recommended by the City Engineer. Ayes - 5 - Nays - 0. Resolution No. 1997-153 MOTION: of Erickson, seconded by Sterling, adopting directing the City Engineer to prepare a preliminary feasibility report for Project 97-527, Tousignant’s Prairie Crossing and Central Storm Sewer Improvements. Ayes - 5 - Nays - 0. U.S. POSTAL ADDITION Ms. Bodmer reviewed the Planning Commission recommendation on the proposed U.S. Postal Addition located on the northwest corner of 153rd Street and Garrett Avenue. Because this is a Federal building, the City does not have design approval, but it will be constructed of brick. Streetscape amenities along 153rd Street with be installed with the development. Resolution No. 1997-154 MOTION: of Grendahl, seconded by Erickson, adopting approving the preliminary plat of U.S. Postal Addition, north of 153rd Street and west of Garrett Avenue, and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. TRANSIT TAX LEVY Mr. Gretz reviewed his memo dated June 20, 1997, concerning the issue of whether the City should exercise its option to levy the transit tax in 1998 or allow the Metropolitan Council to do so. Because the City is now bound by levy limits, the City levy would be less than what the Metropolitan Council could levy. Resolution No. 1997-155 MOTION: of Goodwin, seco nded by Grendahl, adopting declaring the City’s intent to exercise the local transit tax levy option for taxes payable in 1998 in a proposed amount of $1,109,561.00. CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 1997 Page 10 Councilmember Goodwin noted that residents will pay the transit tax regardless of whether the City or the Metropolitan Council levies it; however the City levy will be less. Councilmember Erickson noted that maintaining local control over the Minnesota Valley Transit Authority is also an important issue. Councilmember Grendahl said now that the transit hub issue is resolved, they will be able to deal with these other issues. Vote was taken on the motion. Ayes - 5 - Nays - 0. FELKNER PLANNING COMMISSION RESIGNATION The Council accepted the resignation of Alan Felkner from the Planning Commission effective July 1, 1997. Mayor Humphrey said Mr. Felkner will be presented an recognition certificate at the July 24, 1997, meeting. Councilmember Erickson asked to have a list of Council applicants who might be considered as potential appointees to fill the vacancy. ECONOMIC GROWTH PARTNERSHIP COMMITTEE MOTION: of Humphrey, seconded by Sterling, appointing Councilmember Grendahl and reappointing Councilmember Goodwin to three-year terms, expiring February 10, 2000, on the Economic Growth Partnership Committee as outlined in the City Clerk’s memo dated June 23, 1997. Ayes - 5 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS Mayor Humphrey reported on his visit to Toronto, Canada, on June 25, 1997; to view ice arenas with a 17-member group organized by the Sports Facilities Commission. The Arena Manager also accompanied him on the visit. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated June 11, 1997, in the amount of $525,982.06; June 18, 1997, in the amount of $522,034.74; and June 25, 1997, in the amount of $709,516.42. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:42 o’clock p.m.