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HomeMy WebLinkAbout06/27/1996CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 27th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmemb ers Erickson, Goodwin, and Sterling. ABSENT: Councilmember Humphrey. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Public Works Director Miranowski, Recreation Specialist Samson, Crime Prevention Specialist Sprattler, and Police Chief Willow. Mayor Branning 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 Goodwin, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. 4TH OF JULY CELEBRATION Mr. Johnson introduced Ron Ochs, Margaret Patton, Pat Schesso and Bridget Samson representing the 4th of July Committee. Ms. Schesso described activities planned for the celebration including a parade, starting at 1:00 p.m., and fireworks, at dusk, at Eastview. NATIONAL NIGHT OUT Crime Prevention Specialist Sprattler reviewed preparations by the Police Department for “National Night Out” on August 6, 1996. They will be working in partnership with Burnet Realty to promote the program and encourage neighborhood participation. Further information will be provided as details are completed. AUDIENCE Mayor Branning 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 Goodwin, seconded by Sterling, moving issuance of a coin-operated device license and Livable Communities Housing Action Plan to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 2 CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of June 6th, 1996, as written. Ayes - 4 - Nays - 0. Resolution No. 1996-126 MOTION: of Goodwin, seconded by Sterling, adopting proclaiming July 4, 1996, as “The 30th Annual Apple Valley 4th of July Celebration” and encouraging citizens to support and participate in the celebration. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving a fireworks display at Eastview Athletic Complex, use of streets for a parade and other activities on July 4, 1996, as listed in the Parks & Recreation Director’s memo dated June 21, 1996. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving an Exclusive Listing Agre ement with Welsh Companies, Inc., for Lot 2, Block 1, Apple Valley Armory, for the period July 1, 1996, through February 28, 1997; as described in the Assistant to the Administrator’s memo dated June 24, 1996; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a Special Use Permit to Fabian Seafood Company for outdoor sales in the parking lot at George’s Market, 220 County Road 42, through June 16, 1997. Ayes - 4 - Nays - 0. Resolution No. 1996-127 MOTION: of Goodwin, seconded by Sterling, adopting authorizing opening safe deposit boxes at Midway Bank of Apple Valley with access by the City Clerk, Deputy City Clerk, City Treasurer or Deputy City Treasurer. Ayes - 4 - Nays - 0. Resolution No. 1996-128 MOTION: of Goodwin, seconded by Sterling, adopting approving specifications for “Point of Sale & Inventory Hardware, Software and Services for the Municipal Liquor Stores” (cash registers) and authorizing advertising for receipt of bids at 2:00 p.m., on July 16, 1996. Ayes - 4 - Nays - 0. Resolution No. 1996-129 MOTION: of Goodwin, seconded by Sterling, adopting approving specifications for “Repair of Water Damaged Wood Floor in Gym at Apple Valley Community Center” and authorizing advertising for receipt of bids at 2:00 p.m., on July 16, 1996. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, granting a setback variance to allow construction of a garage addition to within three feet of the south side lot line on CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 3 Lot 17, Block 5, Greenleaf 3rd Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving a one-year extension of the preliminary plat approval for Galles Addition to expire, July 28, 1997, as described in the Community Development Director’s memo dated June 24, 1996. Ayes - 4 - Nays - 0. Resolution No. 1996-130 MOTION: of Goodwin, seconded by Sterling, adopting approving the preliminary plat of Hunters Wood Townhomes 5th Addition and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 4- Nays - 0. Resolution No. 1996-131 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for Hunters Wood Townhomes 5th Addition, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a grading/excavation permit for Mt. Olivet Assembly of God Church on Lot 7, Block 1, Bor-Nel, as recommended in the Community Development Director’s memo dated June 24, 1996. Ayes - 4 - Nays - 0. Resolution No. 1996-132 MOTION: of Goodwin, seconded by Sterling, adopting receiving the preliminary engineering report for Project 96-520, Wyndemere 3rd Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on July 25, 1996. Ayes - 4 - Nays - 0. Resolution No. 1996-133 MOTION: of Goodwin, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Project 96-520, Wyndemere 3rd Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 2 to the contract with S. J. Louis Construction for Project 95-473, High School No. 4 Improvements, in the amount of an additional $19,895.65. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract with CECA Utilities for Project 95-474, Hyland Pointe Townhomes Improvements, in the amount of an additional $11,493.00 for water main replacement on Hidden Meadow Road. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 4 MOTION: of Goodwin, seconded by Sterling, accepting the contract with Erickson Construction for Project 95-481, Walnut Hills Improvements, as final and authorizing final payment in the amount of $30,043.82. Ayes - 4 - Nays - 0. Resolution No. 1996-134 MOTION: of Goodwin, seconded by Sterling, adopting authorizing installation of stop signs on northbound Ember Way (west and east ends) at Essex Trail, on westbound Elkhart Road at Essex Trail, and on westbound Dublin Road at Essex Trail. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving renewal of the contract with Midwest Professional Services, effective July 1, 1996, for providing the Employee Assistance Program at a cost of $2,315.30, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the Contract for Services with Plant Health Associates, Inc., for 1996 tree inspection consulting services as described in the Forestry Technical Specialist’s memo dated June 12, 1996, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing accepting a $75,000 grant from the Minnesota Department of Public Safety to hire one additional Police Officer for the community oriented policing program, as described in the Police Chief’s memo dated June 24, 1996. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring Annette Margarit for the position of Human Resources Manager effective August 1, 1996, as listed in the Personnel Report dated June 27, 1996. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 27, 1996. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving an adjus tment to the Planning and Development Secretary’s salary, in recognition of responsibility involved in the recycling program, by payment of a monthly stipend equal to the difference between Pay Scale 2 and 3, retroactive to March 1, 1995, as described in the City Administrator’s memo dated June 13, 1996. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION: of Erickson, seconded by Sterling, approving issuance of a license for six Coin- Operated Amusement Devices to Awe Vending, at Locker Room Sports Cards, CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 5 14690 Galaxie Avenue, subject to correction of the insurance policy dates. Ayes - 4 - Nays - 0. LIVABLE COMMUNITIES ACT HOUSING ACTION PLAN Councilmember Sterling said she is not in agreement with item 1.B of the action plan for the Housing Goals Agreement related to the Livable Communities Act. It reduces the ratio of owner occupied versus rental housing and she believes ownership should be encouraged. Councilmember Goodwin said the marketplace will ultimately determine types of housing and asked how the City could influence the goals? Mr. Kelley said the plan recognizes market influence, but asks cities to look at ordinances and policies so they are not hindering the goals. Resolution No. 1996-135 MOTION: of Erickson, seconded by Goodwin, adopting approving the Action Plan, and Attachment for Apple Valley, for the Dakota County Cluster combined housing goals, under the Livable Communities Act, and directing its submittal to the Metropolitan Council. Ayes - 3 - Nays - 0 (Sterling Abstained). GRIZZLY’S GRILL N’ SALOON ON-SALE LIQUOR LICENSE Mayor Branning called the public hearing to order, at 8:25 p.m., to consider the application of LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon, for on-sale and Sunday liquor sales licenses, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz said the application is for a restaurant located at 15020 Glazier Avenue. Barry Rindal, one of the owners, was present and said this was a Bonanza Restaurant which is now being remodeled and they plan to open in August. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:27 p.m. Resolution No. 1996-136 MOTION: of Erickson, seconded by Sterling, adopting approving issuance of On-Sale and Special License for Sunday Liquor Sales to LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon, at 15020 Glazier Avenue (Part of Lot 2, Block 1, Apple Valley Commercial Addition). Ayes - 4 - Nays - 0. SIZE VARIANCE FOR GARAGE/ACCESSORY BUILDING Mr. Kelley reviewed the Planning Commission report on an application for a variance for a detached garage at 12955 Garrett Avenue. Michael Eide, the property owner, was present to explain the request. A 192 square foot accessory building exists on the property. The Planning Commission recommended denial due to lack of hardship. Council determination would be on meeting the intent of the ordinance as long as total square footage of the accessory building and the detached garage does not exceed 894 square feet. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 6 MOTION: of Erickson, seconded by Goodwin, granting a variance to allow construction of a detached garage on Lot 6, Block 3, Woodside Estates, as long as the total square footage of the detached garage and existing accessory building does not exceed 894 square feet. Ayes - 4 - Nays - 0. THE SUMMIT TOWNHOMES Mr. Lovelace reviewed the Planning Commission recommendation on The Summit townhomes proposed for the northeast corner of County Road 38 and Cedar Avenue. Bill Coady, the developer, and Wayne Tauer, of Pioneer Engineering, were present to answer questions. Resolution No. 1996-137 MOTION: of Sterling, seconded by Erickson, adopting submitting an amendment to the Land Use Guide Map of the Comprehensive Plan to the Metropolitan Council for The Summit, changing the designation from LD/HD to LD as recommended by the Planning Commission. Brad Jacobson, 7300 West 130th Street, expressed concerns about drainage, traffic, noise from additional units, screening due to loss of trees and impact on property values. Pete Stanton, 7320 West 130th Street, expressed concern about privacy issues with trees being removed and the distance of the units from his lot. Richard Saunders, 12941 Garrett Avenue, expressed concern about inadequate sewer and drainage, topography and trees being removed, loss of wild life, inadequate police presence and speeding problems. Mayor Branning said these issues do not relate to the Comprehensive Plan Amendment since it would lower the density. Mr. Tauer said if the site plan is not approved, they would not necessarily want the Comprehensive Plan amended. Vote was taken on the motion. Ayes - 4 - Nays - 0. Resolution No. 1996-138 MOTION: of Sterling, seconded by Goodwin, adopting approving the preliminary plat for The Summit, for 26 townhouse units, and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission. Councilmember Goodwin asked what the requirements are for tree preservation? Mr. Lovelace said the Forestry Specialist will identify the trees to be saved and review the replacement plan and landscape plan. Oak wilt has been identified in the existing trees and removing them will resolve much of that problem. The subdivision is approximately 62 percent green space. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 7 Mayor Branning asked if the HRA project, to the north, with 39 units and one access, has experienced traffic problems? Mr. Kelley said he is not aware of any problems. Mayor Branning asked how sewer issues will be addressed? Mr. Gordon said area draining north will be reduced with this project. The new street will have storm sewer and drain away from backyards. The pond north of this area has a lift station pump and drains to Lakeville. The central trunk project now being installed will allow this pond to be kept pumped. Lynn Saunders, 12941 Garrett Avenue, said the trees also buffer noise from County Road 38. The developer to the east removed landscaping and it has not been replaced. Mr. Lovelace reviewed the proposed grading limits and landscaping in the County Road 38 right-of-way will not be affected. Vote was taken on the motion. Ayes - 4 - Nays - 0. Resolution No. 1996-139 MOTION: of Sterling, seconded by Erickson, adopting approving the site plan, granting variances, and authorizing issuance of a building permit for The Summit, with conditions, as recommended by the Planning Commission. Councilmember Sterling said Eric Lee, 12975 Garrett Avenue, contacted her requesting sidewalk on the west and south sides of 130th Street between Germane and Garrett. Mayor Branning said the part affecting this development could be addressed with this project’s improvements. A resident asked if architectural features on the back of the buildings have been added as discussed by the Planning Commission? Mr. Lovelace reviewed building plans showing bay window, deck and porch options. Vote was taken on the motion. Ayes - 4 - Nays - 0. Resolution No. 1996-140 MOTION: of Goodwin, seconded by Erickson, adopting directing the City Engineer to prepare a preliminary feasibility report for Project 96-519, The Summit Utility and Street Improvements. Ayes - 4 - Nays - 0. THE CLIFFS OF PALOMINO TOWNHOMES Mr. Lovelace reviewed the Planning Commission recommendation on The Cliffs of Palomino proposed for the southeast corner of realigned Palomino Drive and County Road 11. It will have 16 townhome units. Bill Hayden, the developer, and John Dillingham, the engineer, were present to answer questions CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 8 Resolution No. 1996-141 MOTION: of Sterling, seconded by Erick son, adopting approving the preliminary plat of The Cliffs of Palomino and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission, and extension of the turn around at the northwest corner to meet City requirements. Ayes - 4 - Nays - 0. Resolution No. 1996-142 MOTION: of Sterling, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for 16 townhome units in The Cliffs of Palomino, with conditions, as recommended by the Planning Commission; subject to a minimum of 50 percent of the units having porches and granting setback variances from County Road 38 to accommodate the porches. Ayes - 4 - Nays - 0. Resolution No. 1996-143 MOTION: of Erickson, seconded by Sterling, adopting directing the City Engineer to prepare a preliminary feasibility report for Project 96-518, The Cliffs of Palomino Utility and Street Improvements. Ayes - 4 - Nays - 0. CHRYSLER PLYMOUTH USED CAR FACILITY Resolution No. 1996-144 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan, temporary sales facility, and authorizing issuance of a building permit for Chrysler Plymouth’s used car facility on Lots 3 and 4, Block 1, Apple Valley Ford 2nd Addition, with conditions, as recommended by the Planning Commission Ayes - 4 - Nays - 0. VENSTAR 15/VILLAGE CHURCH OF HOPE Mr. Kelley reviewed the Planning Commission’s recommendation concerning a proposed zoning ordinance text amendment to provide for churches as conditional uses in I-1 zones. It includes a conditional use permit application by Village Church of Hope for a portion of a building in North Star Industrial Park. John Erickson, representing the Church, and Dave Ericksmoen, of Venstar, the property owner, were present to answer questions. Ordinance No. 617 MOTION: of Erickson, seconded by Goodwin, passing amending Article A1-41(d) of Appendix A of the City Code by adding church uses as conditional uses in an “I-1” zoning district as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1996-145 MOTION: of Erickson, seconded by Sterling, adopting approving a Conditional Use Permit for Village Church of Hope on part of Lot 3, Block 1, North Star Industrial Park; with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 9 TOURISM/VISITORS BUREAU Mr. Gretz reviewed the proposed agreement with the Chamber of Commerce for tourism bureau services. Nancy Ludwig, President of the Chamber, was present to review the proposed budget and work plan for marketing and promoting the City. MOTION: of Goodwin, seconded by Erickson, approving the Tourism Bureau Agreement with the Apple Valley Chamber of Commerce to provide tourism/visitors services with funding of 80 percent of the proceeds of the lodging tax, not to exceed $18,000.00 per year, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. ORDINANCE ESTABLISHING & REGULATING LOCAL LODGING TAX Mr. Gretz gave the second reading of a proposed ordinance establishing and regulating a local lodging tax. A three percent tax would be collected on gross receipts of lodging fees and 95 percent of it must be used for tourism. The previously approved Agreement with the Chamber of Commerce would provide these services. Ordinance No. 618 MOTION: of Sterling, seconded by Goodwin, passing adding Article III to Chapter 9 of the City Code establishing a three percent local lodging tax to fund a tourism bureau for marketing and promoting the City. Ayes - 4 - Nays - 0. QUAD PARTNERSHIP ADDITION FINAL PLAT Resolution No. 1996-146 MOTION: of Goodwin, seconded by Erickson, adopting approving the final plat and subdivision agreement for Quad Partnership Addition (Goodwill Industries site) and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. AWARD CONTRACT - PROJECTS 95-490 & 96-507 Resolution No. 1996-147 MOTION: of Goodwin, seconded by Erickson, adopting awarding the contract for Projects 95-490, Apple Valley Ford 2nd Addition Streetscape; and 96-507, Goodwill Industries (Quad Partnership Addition) Improvements; as a combined project, to Northdale Construction, the low bidder, in the amount of $197,935.95. Ayes - 4 - Nays - 0. SWANSON PLANNING COMMISSION RESIGNATION The Council received, and accepted with regret, the resignation of David Swanson, dated June 9, 1996, from the Planning Commission. It was noted that any one interested in appointment to fill the vacancy should submit an application to the City Clerk. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1996 Page 10 JOINT MAYOR-COUNCIL-ADMINISTRATOR MEETING Mayor Branning said plans are being made for Apple Valley to host a joint meeting of the Mayors, Councils, and Administrators of Apple Valley, Burnsville, Eagan and Lakeville on August 21, 1996. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated June 12, 1996, in the amount of $588,497.48; June 26, 1996, in the amount of $4,477,334.78; and June 19, 1996, in the amount of $4,844,430.83. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:40 o’clock p.m.