CITY OF APPLE VALLEY
Dakota County, Minnesota
September 24, 1998
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 24th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Humphrey; Councilmembers Erickson, Goodwin, Grendahl, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Golf Course Manager Dodge, Assistant to the City Administrator Grawe, Community Development Director Kelley, 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 the members of Boy Scout Troop 205.
APPROVAL OF AGENDA
MOTION: of Sterling, seconded by Erickson, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0.
AUDIENCE - SCOUTING RECOGNITION
Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Bill Ireland, District Commissioner of Boy Scouts of America, commented on the high level of scouting participation in the City and the camping program. The "Friends of Scouting" program enables boys to attend camps at a reduced cost. He presented a plaque to the Mayor in recognition of his contributions to and support of the "Friends of Scouting" program.
PALOMINO EAST APARTMENT SITE
Roy Brandenburg, 394 Cimarron Road, presented additional signatures and a rezoning package for the petition submitted at the September 10, 1998, meeting. The petition requested the Council to consider rezoning property located on Pennock Avenue, between Cimarron Road and Palomino Drive; referred to as Palomino East Apartment site.
CONSENT AGENDA
MOTION: of Grendahl, seconded by Goodwin, moving consideration of a revised policy for Valleywood Golf Course and setting a vacation hearing in Palomino Hills to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of September 10th, 1998, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-182 approving an application for a Lawful Gambling Exempt Permit - LG220, for Apple Valley American Legion Auxiliary, for an event on October 24, 1998, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-183 approving an application for a Lawful Gambling Exempt Permit - LG220, for Apple Valley American Legion Auxiliary, for an event on December 11, 1998, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-184 approving submission of the 1999 Landfill Abatement Funding Application to Dakota County, in the amount of $28,112.00, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-185 approving 1998 Special Assessment Rolls No. 442 through 452, for hearing purposes, in the total amount of $14,584,698.00, and setting the public hearing, at 8:00 p.m., on October 22, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-186 approving 1998 Special Assessment Roll No. 453, delinquent utility charges, for hearing purposes, in the total amount of $43,769.42, and setting the public hearing, at 8:00 p.m., on October 22, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the contract with Fischer Sand & Aggregate, Inc., for Project 98-501, Fischer Market Place Utility and Street Improvements, in the amount of an additional $582,080.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-187 ordering installation of four-way stop signs at the intersection of Fleetwood Avenue and Flagstaff Avenue. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving renewal of a Meter Reading Service Agreement with RMR Services, Inc., for 1999-2000, as attached to the Public Works Supervisor’s memo dated September 24, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-188 approving settlement for release of reporting requirements related to the Minnesota Police Recruitment System (MPRS) lawsuit and authorizing payment of the City’s portion of $622.50. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated September 24, 1998. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
VALLEYWOOD GOLF COURSE POLICIES
Mr. Dodge reviewed the Park and Recreation Advisory Committee’s recommendation on revised policies for non-resident season passes at Valleywood Golf Course. Only current passholders would be allowed to continue purchasing passes and the rates would increase to 50 percent above resident passes over a three-year period.
Councilmember Goodwin said he considers this a revenue generating issue. He talked with some of the passholders involved and they did not have a problem with a 50 percent increase next year rather than phasing it over three years.
MOTION: of Goodwin, seconded by Grendahl, approving revised policies for Valleywood Golf Course; including restricting issuance of non-resident season passes to current holders with rates increasing to 50 percent above resident rates for 1999, eliminating all private golf carts in 1999, and allowing tee reservations five days in advance for everyone; as described in the Park and Recreation Director’s memo dated September 19, 1998.
Councilmember Erickson asked if the 50 percent increase for 1999 was discussed by the Committee? Mr. Dodge said that was not specifically discussed. The recommendation was brought forth as a guide for the Council to make a final determination.
Councilmember Sterling questioned the issue of season passes for residents. Mr. Dodge said resident passes will continue. A moratorium on new non-resident passes was instituted two years ago and new passes are no longer being issued.
Vote was taken on the motion. Ayes - 3 - Nays - 2 (Erickson and Sterling).
PALOMINO HILLS BRIDLE PATH & DRAINAGE EASEMENT
Mr. Gretz reviewed the memo dated September 21, 1998, concerning the property owner’s request for a hearing to consider vacating a bridle path and drainage easement on Outlot 8, Palomino Hills. This is a routine request and public comments would be taken at the hearing. This type of public hearing requires two weeks published notice meaning it could be held October 22, 1998.
Robin St. Ana, 346 Cimarron Road, and Roy Brandenburg said they would like more time before such a hearing is held and asked if it could be set for a later meeting. Alan Kretman, of HKS Associates, representing Joel Watrud the property owner, said they would agree to delaying the hearing until the following meeting.
MOTION: of Erickson, seconded by Grendahl, adopting Resolution No. 1998-189 setting a public hearing, at 8:00 p.m., on November 12, 1998, to consider vacating a bridle path and drainage easement on Outlot 8, Palomino Hills. Ayes - 5 - Nays - 0.
PALOMINO EAST APARTMENT SITE
Mr. Kelley reviewed the memo dated September 21, 1998, and attachments concerning land use history and conditions surrounding the Palomino East Apartment site. The report was requested by the Council at its meeting of September 10, 1998, and indicates the property has been zoned multiple-family since 1972. The City is in the process of updating the Comprehensive Plan. After consultation with legal staff, they believe it would be appropriate to establish a moratorium on certain development until the Comprehensive Plan is updated. It is suggested the development moratorium cover property north of County Road 42 currently zoned multiple-family or with a natural slope of 12 percent or more. It would not apply to property previously approved for development and would continue for up to one year.
MOTION: of Grendahl, seconded by Sterling, passing Ordinance No. 651 amending the City Code by adding Section 17-14, establishing an interim zoning district for the Comprehensive Guide Plan study consisting of property north of County Road 42 that is currently zoned multiple-family or is undeveloped with a natural slope of 12 percent or more. Within this area, no permits for new development will be granted until September 24, 1999, unless extended, or upon adoption of an ordinance(s) to regulate land use and development.
Councilmember Erickson asked how long the process will take? Mr. Kelley said the Planning Commission has been reviewing the Comprehensive Plan update and a recommendation should be coming to the Council by mid to late November. This update is mandated by the State and must be completed by the end of the year.
Councilmember Sterling asked if the moratorium would apply to a project already being considered by the Planning Commission? Mr. Kelley said it would apply to anything not already approved by the Council including the Palomino East Apartment proposal. Previous approval of that project lapsed requiring it to start over.
Gary VanCleve, an attorney representing Mr. Watrud, was present and said they oppose enactment of the moratorium which seems to be aimed at their specific project. If the Comprehensive Plan update will be completed by the end of the year, a one-year moratorium is not necessary. He suggested it be limited to the 60-day review period or the end of November.
Alan Kretman, of HKS Associated, representing Mr. Watrud, said they recognize the real issue is land use and would like to offer another solution. They would like to negotiate a fair market value for the property and sell it to the City. The 175 residences in the area could participate in the purchase; possibly by special assessment. Mr. Watrud still wants to build an apartment project in the City at another site. Rezoning of that site would be a condition of the sale. The Mayor suggested this be discussed further with staff and a recommendation be brought back. Mr. Kretman said they would like neighborhood participation in the discussion also.
Mr. Kelley commented on the scope of the Plan update including impacts on regional systems. The land use map is the end result of policies developed from the Plan’s text. The Plan should be completed by November, but it may raise other issues to be considered and require additional time. Mr. Dougherty said the moratorium can be extended incrementally by the Council to a total of 30 months.
MOTION: of Goodwin, seconded by Grendahl, amending the foregoing motion by establishing the moratorium until December 31, 1998. Ayes - 5 - Nays - 0.
Vote was taken on the motion as amended. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, waiving the second reading of Ordinance No. 651. Ayes - 5 - Nays - 0.
APPLE VALLEY SQUARE RETAIL BUILDING
Mr. Kelley reviewed the Planning Commission recommendation on a proposed 8,100 square foot multi-tenant retail building at Apple Valley Square. It would be a free-standing building located west of Perkins Restaurant in the parking lot. He commented on parking requirements for the entire site and distributed a plan prepared by the developer showing potential demolition of part of the existing shopping center. Craig Minea, the developer, was present to answer questions.
MOTION: of Erickson, seconded by Grendahl, adopting Resolution No. 1998-190 approving the site plan and authorizing issuance of a building permit for a multi-tenant retail building on Lot 2, Block 1, Apple Valley Square 5th Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
CANCEL INFORMAL MEETING
MOTION: of Erickson, seconded by Sterling, canceling the 6:30 p.m. informal meeting scheduled for October 8, 1998. Ayes - 5 - Nays - 0.
COMMUNICATIONS & CALENDAR
The Council received a memo dated September 21, 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 September 16, 1998, in the amount of $6,490,103.72; and September 23, 1998, in the amount of $15,464,475.04. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:02 o’clock p.m.