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HomeMy WebLinkAbout09/26/1996CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 26th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; C ouncilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. 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, Human Resources Manager Margarit, Public Works Director Miranowski, 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 Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. BUILDING NON-VIOLENT COMMUNITIES...PEACE BY PEACE Diane Anderson, of the Dakota County Attorney’s Office, and Denise Reis, of Lewis House, were present to discuss the Violence Prevention Initiative of the Dakota Council for Healthy Communities. They distributed Peace Packets describing the 1996-97 campaign and asked for the City’s support. Ms. Anderson said the Dakota Alliance for Prevention and Dakota Council for Healthy Communities have been merged into a new organization, the Dakota Partnership for Healthy Communities (DPHC), which will provide for a more coordinated effort. Resolution No. 1996-217 MOTION: of Erickson, seconded by Sterling adopting supporting the “Building Non-Violent Communities...Peace by Peace” campaign of the Dakota Council for Healthy Communities. Ayes - 5 - Nays - 0. 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 Humphrey, seconded by Sterling, adding grant application for repair to Apple Valley Sports Arena to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Page 2 CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of September 12th, 1996, as written. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, proclaiming September 30 to October 6, 1996, as “Waste Reduction Week” in support of recycling efforts and curbing the waste stream. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, proclaiming October 6 - 12, 1996, as “Cities Week” in Minnesota. Ayes - 5 - Nays - 0. Resolution No. 1996-218 MOTION: of Humphrey, seconded by Sterling, adopting accepting, with thanks, the donation of $150.00 from Eleanor Matchett toward the purchase of a tree and memorial plaque in honor of Irvin and Inga Storland for Nordic Park - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving issuance of a 1996 Refuse Collection License to A W Disposal. Ayes - 5 - Nays - 0. Resolution No. 1996-219 MOTION: of Humphrey, seconded by Sterling, adopting approving specifications for Project 94-449, Sanitary Sewer Lift Station Supervisory Control and Data Acquisition System, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 15, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving conveyance of property at the reconstructed intersection of Palomino Drive and County Road 11 to Kwik Trip, Inc., in exchange for right-of-way, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1996-220 MOTION: of Humphrey, seconded by Sterling, adopting approving the final plat and subdivision agreement for Wyndemere 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1996-221 MOTION: of Humphrey, seconded by Sterling, adopting granting a temporary waiver of platting to allow title on property being platted as Wyndemere 3rd Addition to be transferred on a metes and bounds description basis prior to filing the plat. Ayes - 5 - Nays - 0. Resolution No. 1996-222 MOTION: of Humphrey, seconded by Sterling, adopting awarding the contract for Project 96-520, Wyndemere 3rd Addition Utility and Street Improvements, to Hydrocon, Inc., the low bidder, in the amount of $112,622.10. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Page 3 MOTION: of Humphrey, seconded by Sterling, granting a setback variance to AmericInn to allow construction of a building to within 16.7 feet of Glazier Avenue on Lot 1, Block 1, Apple Valley Commercial Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, authorizing use of the drainage and utility easement on Lot 3, Block 2, Pilot Knob Estates 5th Addition (14362 Ebony Lane), for construction of a 10-foot by 14-foot storage shed, subject to conditions as described in the Assistant Planner’s memo dated September 23, 1996. Ayes - 5 - Nays - 0. Resolution No. 1996-223 MOTION: of Humphrey, seconded by Sterling, adopting approving a subdivision grading permit for Palomino Cliffs, with conditions as recommended by the City Engineer. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving issuance of a grading permit for excavation of 90 cubic yards of material on Lot 4, Block 1, Valley South (7361 West 146th Way); as described in the Assistant Planner’s memo dated September 20, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with Brown Minneapolis Tank & Fabric Co. for Project 95-493, Valleywood Water Reservoir, in the amount of an additional $49,159.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with Erickson Construction, Inc., for Project 96-509, Cedar Isle Estates 4th Addition Improvements, in the amount of an additional $2,892.50. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, confirming temporary on-street parking on the north side of 146th Street, west of Galaxie Avenue, from September 12 to 20, 1996; as authorized by the Police Chief and described in his memo dated September 23, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving the 1996-97 Meter Reading Service Agreement with RMR Services, Inc., at a cost of $.28 per meter read; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated September 26, 1996. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Page 4 MOTION: of Humphrey, seconded by Sterling, approving dismissal of employment from medical leave of absence of Ronald Walker effective September 27, 1996, as described in the Personnel Report dated September 26, 1996. Ayes - 5 - Nays - 0. Resolution No. 1996-224 MOTION: of Humphrey, seconded by Sterling, adopting authorizing applying for a $50,000 grant from the Minnesota Amateur Sports Commission for repairs to the High School Sports Arena as described in the Parks & Recreation Director’s memo dated September 26, 1996. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA SCHOOL DISTRICT 196 EBD FACILITY Mr. Kelley reviewed the Planning Commission recommendation on the proposed three-lot preliminary plat and construction of a facility for Emotionally and Behaviorally Disabled (EBD) students by School District 196 on its property at 144th Street and Diamond Path. The revised site plan now has 90 parking spaces and the access drive will be widened and allow additional parking for 25 vehicles. He showed sketches of the building elevations. Joel Sutter, School District Director of Support Services, said the Board has approved proceeding with construction of the facility at the 144th and Diamond Path site. They are not interested in a possible site at 160th and Pilot Knob Road. The Board considered student transportation issues, timing, and site preparation issues and determined the 160th Street site would increase building costs by about $500,000. Mayor Branning said the tip-up panel construction is better suited to an industrial area, not a residential area as proposed. The County Board discussed allowing the facility on the 160th Street site it is giving to the City at its September 24th meeting. It tabled action pending requests from the City and School to use the site and he asked the Council to make such a request. MOTION: of Branning, seconded by Goodwin, adopting a resolution requesting Dakota County to authorize an amendment to the Agreement between Apple Valley and Lakeville for future use of the County gravel pit site at 160th Street and Pilot Knob Road to provide for an educational facility on the site. The Council discussed whether the action should be pursued if the School is not interested in the site and noted an amendment to the Agreement would involve Lakeville also. MOTION: of Humphrey, seconded by Erickson, tabling consideration of the foregoing motion until the preliminary plat and building permit agenda items have been considered. Ayes - 3 - Nays - 2 (Branning and Goodwin). CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Page 5 The Council reviewed the plat issues. Mr. Kelley said the property is being platted into three lots at the option of the School District for financing reasons. The layout of the buildings would not preclude future extension of Drake Path into the site if the District Office should ever be moved. Councilmember Sterling asked if the EBD building was included in the School’s bond referendum? Mr. Sutter said the decision to build was not made at that time. The building will be leased through HRA financing. It was noted the HRA has the mechanism to provide financing, however it has a policy that it will not approve financing unless the City does also. Resolution No. 1996-225 MOTION: of Sterling, seconded by Humphrey, adopting approving the preliminary plat of ISD 196 Addition and directing preparation of a subdivision agreement with conditions, as recommended by the Planning Commission, and retaining northern access to the site. Mayor Branning said he would like the facility to be on the best site and he does not believe this is it. The site was planned to become a residential area and he asked for correspondence from the School as to what it expects the life of the existing metal buildings to be and what plans it has for the bus garage and office. Mr. Sutter said they have no plans to move the office or garage off the site at this time or in the future. Shari Reuer, 4814 West 143rd Street, asked if the north access road has to remain open? Councilmember Sterling noted that is part of the motion. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Branning). Resolution No. 1996-226 MOTION: of Erickson, seconded by Humphrey, adopting approving the site plan and authorizing issuance of a building permit for an EBD facility to School District 196 on Lot 2, Block 1, ISD 196 Addition, with conditions, as recommended by the Planning Commission and a provision for proof of parking. MOTION: of Sterling, seconded by Goodwin, amending the foregoing motion by requiring the building to be constructed with a brick exterior. Councilmember Erickson asked what the cost would be for brick? Mr. Sutter said it would cost an extra $130,000 and add four to eight weeks to the construction schedule. He showed a sample of the panels proposed and said the building will have color accent tiles and metal window trim. The Council questioned the School’s change in philosophy in using different construction materials. All other buildings have been constructed of brick and the Council asked CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Page 6 whether brick accents could be incorporated. Eric Lanier, of Wold Architects, said they have not completed details of the building design. Fran Scharf, 13801 Diamond Path, expressed frustration that timing seems to be driving the issue. There is a place for these children next year, but the School wants to open this building. She asked that the School reconsider its timeline. Vote was taken on the amendment. Ayes - 3 - Nays - 2 (Erickson and Humphrey). Mayor Branning asked how students will be prevented from driving to School? Don Allen, EBD Coordinator, was present and said currently none of these students drive to school; they are all transported by bus. Jim Amdahl, Special Education Director, was present and said legal counsel has advised they have the ability to control whether students drive. The School has an agreement with parents and students in the program and a clause in the contract can specify that students cannot drive to school. Kevin Sampers, Board Chair, was present and said School Staff has assured them that they can control parking and programming issues and they trust they will do so. The program is in a temporary facility now so there is a time issue involved in construction. Mayor Branning said he would still like something in writing as to the future of the office and bus garage buildings and parking controls. Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Branning). MOTION: of Humphrey, seconded by Sterling, removing the motion making a request to Dakota County concerning the site at 160th and Pilot Knot from the table. Ayes - 5 - Nays - 0. Resolution No. 1996-227 MOTION: of Branning, seconded by Goodwin, adopting requesting Dakota County to authorize an amendment to the Agreement between Apple Valley and Lakeville for future use of the County gravel pit site at 160th Street and Pilot Knob Road to provide for an educational facility on the site. Ayes - 5 - Nays - 0. ADULT ESTABLISHMENTS REGULATIONS Mr. Kelley gave the second reading of ordinances regulating adult establishments. The zoning amendment adds Section A1-78 to Appendix A of the City Code which provides for buffer zones of 1,000 feet between adult establishments and sensitive uses and requires a spacing distance of 1,000 feet between one adult use and another. The other ordinance adds Article III to Chapter 4 of the City Code and requires licensing of adult establishments and uses and sets license fees. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Page 7 Mr. Gretz distributed a letter dated September 21, 1996, from Linda Stokes requesting prohibition of the uses instead of regulating them. It was noted that this was not an option and the Mayor asked that an explanatory letter be sent to Ms. Stokes. Ordinance No. 619 MOTION: of Sterling, seconded by Erickson, passing adding Article III to Chapter 4 of the City Code providing for licensing of adult establishments (those with over 25 percent of the floor area devoted to adult materials/activities) and adult use accessory - high impact (those with less than 25 percent of the floor area devoted to adult materials, but materials are consumed on-site) and establishing fees therefor. Ayes - 5 - Nays - 0. Ordinance No. 620 MOTION: of Humphrey, seconded by Goodwin, passing adding Section A1-78 to Appendix A of the City Code establishing zoning regulations for location of adult establishments and adult accessory use - high impact within the City. Ayes - 5 - Nays - 0. COUNTY ROAD 46 CONSTRUCTION Mr. Miranowski reviewed the accesses and intersections being constructed with County Road 46 between Cedar Avenue and Pilot Knob Road. The intersections with Galaxie Avenue, Foliage Avenue and Flagstaff Avenue will be signalized. The intersections with Finch Avenue and Excel Way will be full intersections. The intersection with Fairgreen Avenue will have a median cut. Mayor Branning said there have been requests from Gene Rechtzigel regarding issues involving his property including right turn access. The issues are between him and the County; however, if a right turn lane will be needed at Finch Avenue, it should be installed now. Mr. Miranowski said he would communicate the request to the Dakota County Highway Engineer. ZONING ORDINANCE REVIEW MOTION: of Humphrey, seconded by Goodwin, referring review of the zoning ordinance to the Planning Commission for recommendations on revisions to clarify or modify sections of conflicting language and permitted/conditional use provisions. Ayes - 5 - Nays - 0. PLANNING COMMISSION APPOINTMENT Resolution No. 1996-228 MOTION: of Sterling, seconded by Humphrey, adopting appointing Joseph E. McNamara to the Planning Commission for a term expiring March 1, 1999. Ayes - 4 - Nays - 1 (Erickson). Councilmember Erickson said he would like to review the process for filling vacancies on commissions and committees at a work session. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1996 Page 8 CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated September 18th, 1996, in the amount of $934,226.05; and September 25th, 1996, in the amount of $2,339,114.42. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:36 o’clock p.m.