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HomeMy WebLinkAbout08/21/1997CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 21st, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Councilmembers Erickson, Grendahl, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Fire Chief Calvin, 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 Sterling, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. FELKNER CERTIFICATE OF APPRECIATION Mayor Humphrey presented a Certificate of Appreciation to Alan Felkner who resigned from the Planning Commission July 1, 1997. He thanked him for serving on the Planning Commission since November 24, 1987, and as its Chair since 1991. 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, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of July 24th, 1997, as written. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the minutes of the special meeting of August 7th, 1997, as written. Ayes - 3 - Nays - 0 (Erickson Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming September 2-9, 1997, as Wyland Week in recognition of a “Whaling Wall” mural painting at the Minnesota Zoological Garden. Ayes - 4 - Nays - 0. Resolution No. 1997-184 MOTION: of Sterling, seconded by Grendahl, adopting approving an Application for Exemption from Lawful Gambling License for Woodswomen, Inc., for an event on September 19, 1997, at the Minnesota Zoological Garden, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a 1997 Off-Sale 3.2 Malt Liquor License for Cub Foods, at 15350 Cedar Avenue. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a temporary On-Sale 3.2 Malt Liquor License for Apple Valley American Legion Auxiliary, at Fire Station No. 1, for use on September 20, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a Special Use Permit to Greg Secaur/International Images for a temporary outdoor sale in the parking lot at Perkins Restaurant, 7620 West 150th Street, on August 23 and 24, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving the 1996 Annual Cable Television Report prepared by the Telecommunications Advisory Committee. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, appointing Kern, DeWenter, Viere, Ltd., as auditors for the City for the year ending December 31, 1997, as described in the Finance Director’s memo dated August 18, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the 1997 Minnesota Oak Wilt Cooperative Suppression Program Subgrant Agreement, as attached to the Forestry Technical Specialist’s memo dated August 15, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving and adopting the Water Supply Plan as part of the City’s Comprehensive Plan, as described in the Public Works Director’s memo dated August 21, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the 1998-2002 Capital Improvements Program for the City as attached to the Assistant to the Administrator’s memo dated August 18, 1997. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 3 MOTION: of Sterling, seconded by Grendahl, dire cting preparation of a report indicating costs and possible funding options to complete the Municipal Government Campus adjacent to the Police Facility, on the southwest corner of 147th Street and Galaxie Avenue, as described in the City Administrator’s memo dated August 8, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-185 MOTION: of Sterling, seconded by Grendahl, adopting establishing parking restrictions at the Central Maintenance Facility, restricting parking for public works purposes only. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Diamond Path Townhomes, from $23,675 to 0; Nordic Woods 17th, from $11,156 to 0; and The Summit, from $135,500 to $82,182. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Construction Manager Agreement with Bossardt Corporation for services related to an Outdoor Family Swim Center and an Addition to Apple Valley Community Center, as described in the Park & Recreation Director’s memo dated August 8, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving proceeding with Eastview High School/Central Athletic Complex site development by joint contract with Independent School District No. 196, as described in the Park & Recreation Director’s memo dated August 8, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-186 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for Design and Installation of Playground Equipment at Various Parks and authorizing advertising for receipt of competitive proposals, at 2:30 p.m., on September 12, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-187 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for Project 97-541, Central Maintenance Facility Fueling Station Removal and Installation, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 8, 1997. Ayes - 4 - Nays - 0. MOTION: of St erling, seconded by Grendahl, approving Change Order No. 1 to the contract with System Control Services for Project 94-449, Lift Station SCADA System, for an additional $7,461.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 95-490, Goodwill Industries (Quad Partnership) and Apple Valley Ford 2nd Addition Improvements, as final CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 4 and authorizing final payment on the contract with Northdale Construction, Inc., in the amount of $8,295.61. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 96-519, The Summit Utility Improvements, as final and authorizing final payment on the contract with Erickson Construction, Inc., in the amount of $3,270.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 97-522, Valley Pines Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities, Inc., in the amount of $8,942.54. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, a ccepting Project 97-528A, Deep Well No. 1 Pump Repair, as final and authorizing final payment on the contract with Alberg Water Services, in the amount of $3,868.60. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 97-528C, Deep Well No. 4 Pump Repair, as final and authorizing final payment on the contract with Alberg Water Services, in the amount of $9,034.16. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Contracts for Use of Fire Safety House with the City of Rosemount, on October 7, 8 and 9, 1997, as attached to the Fire Chief’s memo dated August 13, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Customized Training Contract with Dakota County Technical College for 1997-1998 Employee Right-to-Know Training, as attached to the Human Resources Manager’s memo dated August 8, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Brian Bone for the full-time position of Police Officer as listed in the Personnel Report dated August 21, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving transfer of Karen Rinta to the full- time position of Police Dispatcher as listed in the Personnel Report dated August 21, 1997. Ayes - 4 - 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 August 21, 1997. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 5 PUBLIC HEARING, EASEMENT VACATION Mayor Humphrey called the public hearing to order, at 8:06 p.m., to consider vacating easements on Lots 15 and 16, Block 1, Saddle Ridge; and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the purpose of the vacation, as described in his memo dated August 15, 1997. There are no utilities in the easement and replacement easements will be provided in the Saddle Ridge 2nd Addition plat which was approved July 24, 1997. The Mayor asked for questions or comments from the audience and the Council. Jay Anderson, 7820 West 128th Street, said he is the owner of Lot 15. The lot line adjustment is the result of a settlement agreement, however the owner of Lot 16 was also to remove a shed on the property. He asked that no action be taken on completing the vacation until the shed is removed. He also questioned whether the legal description shown for the easement is correct. Mr. Kelley said typically a notice of completion of a vacation is filed with the County at the same time the new plat is filed. The Council could hold action on the vacation. There were no other comments and the hearing was declared closed at 8:12 p.m. MOTION: of Erickson, seconded by Grendahl, tabling consideration of the easement vacation on Lots 15 and 16, Block 1, Saddle Ridge, until the legal description is verified and the shed on Lot 16 is removed. Ayes - 4 - Nays - 0. PUBLIC HEARING, PROJECT 97-532 Mayor Humphrey called the public hearing to order, at 8:13 p.m., to consider Project 97-532, Regatta Utility and Street Improvements; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated July 17, 1997. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:15 p.m. Resolution No. 1997-188 MOTION: of Erickson, seconded by Sterl ing, adopting ordering installation of Project 97-532, Regatta Utility and Street Improvements. Ayes - 4 - Nays - 0. Resolution No. 1997-189 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 97-532, Regatta Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 18, 1997. Ayes - 4 - Nays - 0. TOUSIGNANT’S PRAIRIE CROSSING Mr. Kelley reviewed the actions needed to complete approvals for the proposed Tousignant’s Prairie Crossing development located south of County Road 42 and northwest of Dodd CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 6 Boulevard. The Comprehensive Plan Amendment has been approved by the Metropolitan Council and the developer has signed the Planned Development and Subdivision Agreements. Resolution No. 1997-190 MOTION: of Erickson, seconded by Grendahl, adopting approving an amendment to the Land Use Map (from LD to LD/NC) of the Comprehensive Plan, for the proposed Tousignant’s Prairie Crossing development, as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 4 - Nays - 0. Ordinance No. 629 MOTION: of Grendahl, seconded by Sterling, passing adding Article A22 to Appendix A, of the City Code, establishing the uses in Planned Development Designation No. 629 for the proposed Tousignant’s Prairie Crossing, as recommended by the Planning Commission; and approving the Planned Development Agreement and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1997-191 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Tousignant’s Prairie Crossing and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, authorizing issuance of building permits for model homes in Tousignant’s Prairie Crossing, as listed in the Planning Department memo dated August 15, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-192 MOTION: of Sterling, seconded by Erickson, adopting awarding the contract for Project 97-527, Tousignant’s Prairie Crossing Utility and Street Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $1,098,170.10. Ayes - 4 - Nays - 0. CEDAR ISLE VILLAGE HOMES Mr. Lovelace reviewed the Planning Commission recommendation on the proposed amendment to Planned Development No. 580 for the area located north of 145th Street, extended, and west of Freeport Trail. The request is for 74 lots for detached townhome dwelling units in place of the 37 two-unit townhome lots previously approved. Scott Johnson, of Arcon Development, the developer, was present to describe the request. The first phase, of 40 units, will be completed with the original Countryhomes design of two-unit townhomes. Rick Nelson, 14310 Freeport Trail, expressed concern about the appearance of changing the design from Countryhomes to Village homes. Many of these will be two-story units, which may CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 7 look too tall, and no three-car garages are shown on the plans. He asked the Council to allow the neighbors some input into design decisions. Mr. Johnson said about half the lots could accommodate three-car garages. They will be putting covenants on the property to insure certain standards are met. The covenants have been not fully developed and he would be willing to meet with neighborhood representatives to discuss them. Reid Huey, 14289 Fridley Way, said he purchased his home in May and the builders and realtors represented that the rest of the property would be built out like the existing units. He asked that more thought be put into the proposal before giving it approval. Mayor Humphrey said the request before the Council is for direction to prepare a planned development agreement which would come back at another meeting for Council consideration. Mr. Johnson said Cedar Isle Estates 6th Addition is now under development and will be adjacent to this area. They are requesting the change so potential buyers can be informed. MOTION: of Sterling, seconded by Erickson, directing Staff to prepare a planned development zoning ordinance and agreement. amending Planned Development No. 580, for Cedar Isle Village Homes, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1997-193 MOTION: of Grendahl, seconded by Erickson, adopting approving the preliminary plat of Cedar Isle Village Homes, subject to completion of the rezoning, and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1997-194 MOTION: of Grendahl, seconded by Erickson, adopting receiving the preliminary engineering report for Project 97-545, Cedar Isle Village Homes Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on September 11, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-195 MOTION: of Sterling, seconded by Grendahl, adopting directing the Engineer to prepare plans and specifications for Project 97-545, Cedar Isle Village Homes Utility and Street Improvements. Ayes - 4 - Nays - 0. CAR-X FACILITY Ms. Bodmer reviewed the Planning Commission recommendation on a proposed conditional use permit and building permit for Car-X on the southwest corner of 147th Street and Glenda Drive. Denis Halleron, President of Twin City Muffler & Brakes, the developer; and Kenneth Nordby, the architect; were present to answer questions. CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 8 Resolution No. 1997-196 MOTION: of Sterling, seconded by Grendahl, adopting approving a Conditional Use Permit for a minor auto repair facility in an RB zone, for Car-X, on parts of Lots 2 and 3, Block 2, Valley Commercial Park 1st Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1997-197 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for Car-X, on parts of Lots 2 and 3, Block 2, Valley Commercial Park 1st Addition, with conditions as recommended by the Planning Commission. Councilmember Sterling asked if the shared parking area with Time Square Center is being changed? Mr. Nordby said it is being left as is, but curb will be installed. There should not be any interference with the adjoining truck entrances. Vote was taken on the motion. Ayes - 4 - Nays - 0. COPS HIRING GRANT Police Chief Willow reviewed the request to accept funding from the United States Department of Justice COPS Universal Hiring Supplement. The $75,000 grant will be paid over a three-year period and is included in the 1998 budget. The personnel being hired will bring the Department to 40 Police Officers. MOTION: of Erickson, seconded by Sterling, authorizing accepting $75,000 of grant funding from the U.S. Department of Justice for a COPS Universal Hiring Supplemental Award. Ayes - 4 - Nays - 0. ORDINANCE AMENDING ACCESSORY STRUCTURE PLACEMENT Mr. Lovelace gave the first reading of an ordinance amending Section A1-8, of Appendix A, of the City Code related to accessory buildings and structures. It would reduce the size to 120 square feet, from 144 square feet, for structures that require building permits; consistent with the Uniform Building Code. It would also allow placement six feet from the dwelling unit or adjacent to the garage instead of 10 feet now required. The Planning Commission recommended approval of the amendment. MOTION: of Erickson, seconded by Sterling, waiving the second reading and passing Ordinance No. 630 amending Section A1-8, of Appendix A, of the City Code related to placement of accessory buildings and structures and building permit requirements, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE AMENDING GAMBLING REGULATIONS CITY OF APPLE VALLEY Dakota County, Minnesota August 21, 1997 Page 9 Mr. Gretz gave the first reading of an ordinance amending Section 14-53 of the City Code regulating gambling. The amendment would delete subparagraph 5 and remove the restriction which prohibited a member or employee of a licensed organization, other than an organization holding an on-sale club license, from selling gambling changes while at the same time performing duties as an employee of a licensed liquor establishment. MOTION: of Sterling, seconded by Grendahl, waiving the second reading and passing Ordinance No. 631 amending Section 14-53 of the City Code by deleting subparagraph 5, related to employees of liquor establishments selling gambling chances, and renumbering subparagraphs 6 and 7. Ayes - 4 - Nays - 0. STOP SIGNS AT 140TH & FLAGSTAFF Mr. Miranowski reviewed his memo dated August 21, 1997, concerning traffic control at the intersection of 140th Street and Flagstaff Avenue. Due to Eastview High School opening, cost sharing of a traffic signal has been discussed with the School District, but no agreement has been reached. Authorization to install four-way stop signs at the intersection is requested until a signal can be installed. Resolution No. 1997-198 MOTION: of Erickson, seconded by Grendahl, adopting ordering installation of four-way stop signs at the intersection of 140th Street with Flagstaff Avenue. Ayes - 4 - Nays - 0. Mayor Humphrey asked that a letter be sent to the Chair of the School Board along with a copy of the Traffic Engineer’s report on the intersection. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated August 13, 1997, in the amount of $7,560,535.94; and August 20, 1997, in the amount of $7,045,615.81. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:33 o’clock p.m.