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HomeMy WebLinkAbout04/13/1995CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 13th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning (attended at 9:05 p.m.); Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Administrative Intern Grawe, Community Development Director Kelley, Associate Planner Lovelace, Public Works Director Miranowski, and Police Chief Willow. Acting Mayor Sterling 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. MOTION: of Erickson, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGEND~ AUDIENCE DISC. CONSENT AGENDA Acting Mayor Sterling 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. MOTION: of Goodwin, seconded by Humphrey, removing contract award for Hayes Park Arena Bid Package No. 2 from the agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, the regular meeting of March 23rd, 4 - Nays - 0. approving the minutes of 1995, as written° Ayes MAR. 23, 1995 MINUTES MOTION: of Goodwin, seconded by Humphrey, proclaiming April 23-30, 1995 as "Days of Remembrance of the Holocaust". Ayes - 4 - Nays ~ 0. PROCLAIM HOLO GAUST REMEMBR MOTION: of Goodwin, seconded by Humphrey, approving issuance of a LEGION TEMP. temporary on-sale liquor license to American Legion Post LIQUOR LICENS 1776 by State Liquor Control for use in the parking lot at JULY 4TH 14521 Granada=Drive on~ July 2-4, 1995. Ayes..- 4 - Nays --0. :~- : - MOTION: of Goodwin, seconded by Humphrey, approving issuance of a LEGION DANCE dance permit to American Legion Post 1776 for dances in the JULY 4TH parking lot at 14521 Gral%ada Drive on July 2-4, 1995. ' Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, approving issuance of 1995 cigarette sales and coin-operated amusement device licenses to Rascals Apple Valley Bar & Grille, at 7721 West 147th Street. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving issuance of a special use permit to Apple Valley Chrysler Plymouth for temporary employee parking on part of Outlot B, Apple Valley Ford Addition, to expire July 14, 1995, on the condition no vehicles are stored overnight. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving issuance of a special use permit to Wirsbo Company to locate five trailers for temporary outdoor storage at 5925 West 148th Street to expire December 31, 1995. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-70 making a Negative Declaration on the need for an Environmental Impact Statement on development of High School No. 4 on the southwest cornor of 140th Street and Johnny Cake Ridge Road. Ayes - 4 - Nays ~ O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-71 approving a final corrective plat for Foxmoore Ridge Three (replat of Lots 37 and 38, Block 2, Foxmoore Ridge 2nd Addition), and authorizing the Mayor and Clerk to sign the same. Ayes ~ 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-72 receiving the preliminary engineering report on Project 95-479, Zoogate Townhomes Utility Improvements, and setting a public hearing on it for May 11, 1995, at 8:00 p.m. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-73 receiving the preliminary engineering report on Project 95-482, Rodeo Hills 3rd and 4th Additions Utility Improvements, and setting a public hearing on it for May 11, 1995, at 8:00 p.m. Ayes ~ 4 ~ Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-74 approving plans and specifications for Project 95- 471, 1995 Street Maintenance, and authorizing advertising for bids to be received, on May 11, 1995, at 2:00 p.m. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving Change Order No. 5 to the contract with Fischer Sand & Aggregate for Project 94-440, 140th Street Reconstruction, in the amount of an additional $10,510.00. Ayes - 4 - Nays - 0. RASCALS 1995 LICENSES A.V. CHRYSLER* PLYMOUTH PARKING S.U.P. WIRSBO TEMP. STORAGE S.U.P. RES. 1995-70 HIGH SCHOOL 4 NEGATIVE ~ RES. 1995-71 FOXMOORE RDG 3 FINAL PLAT RES. 1995-72 SET HEARING PROJ, 95-479 RES. 1995-73 SET HEARING PROJ, 95-482 RES. 1995-74 TAKE BIDS PROJ, 95-471 CHANGE ORDER 5 PROJ, 94-440 CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 4 to the contract with Arcon Construction Co. for Project 94-452, 147th Street/Industrial Area Improvements, in the amount of an additional $5,175.00. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving the Source Reduction and Procurement Policy for the City, in accordance with City Council Resolution No. 1994-66, as attached to Nelda Werkmetster's memo dated April 7, 1995. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, authorizing return of unused 1994 Landfill Abatement Funds to Dakota County in the amount of $833.50 as described in Nelda Werkmeister's memo dated March 30, 19951 Ayes - 4 - Nays ~ 0. of Goodwin, seconded by Humphrey, approving the Agreement with Dakota County for Sentence to Service Work Program Crews for April 3 to December 31, 1995, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey~ approving a technical correction to Ordinance No. 589 by correcting City Code Section 16.17(c) to show an employee eligible to earn 7.69 hours of annual leave, per two weeks of work, after 10 years of employment as described in the Personnel Director's memo dated April 14, 1995. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving continuation of the administrative internship for Charles Grawe as shown in the Personnel Report dated April 13, 1995. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving an annual stipend of $2,400 for the volunteer Firefighter Training Officer position as shown in the Personnel Report dated April 13, 1995. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving adding the new position of Utility Clerk-Typist as shown in the Personnel Report dated April 13, 1995. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Report dated April 13, 1995. Ayes - 4 - Nays - 0. CHANGE ORDER 4 PROJ, 94-452 SOURCE REDUCT- ION & PROCURE- MENT POLICY RETURN LAND- FILL ABATEMENT FUNDS SENTENCE TO SERVICE WORK AGREEMENT CORRECTION ORDINANCE 589 ANNUAL LEAVE CONTINUE GRAW~ INTERNSHIP FIRE TRAINING STIPEND UTIL. CLERK- TYPIST POSITM HIRE SEASONA~ EMPLOYEES END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1995 Page 4 Mr. Lovelace reviewed the Planning Con~ission recommendation on the WALNUT HILLS proposed Walnut Hills subdivision, located north of 132nd Street and PROPOSAL west of Pilot Knob Road, containing 62 single family lots. The cul de sacs will be reconfigured to a teardrop design. The lots fronting on 132nd Street have been revised to 90-foot widths. MOTION: of Humphrey, seconded by Erickson, passing Ordinance No. 595 rezoning part of the North Half of the Northwest Quarter of Section 24 (Walnut Hills) from "R-i" to "R-3" as recommended by the Planning Commission. ORDINANCE 595 REZONE WALNUT HILLS Councilmember Erickson commented on communication concerns with residents; providing an explanation of the differences between Comprehensive Plan designations and zoning. The Comprehensive Plan designation "SF~' allows single family at 0 to 3 units per acre. The "R-i" and "R-3" zones specify different minimum lot sizes for single family uses. This development has an overall density of 2.3 units per acre and is within the Comprehensive Plan designation. John Bryant, 5240 West 132nd Street, said he bought his home in 1992. Other residents told him they were assured by the City, when the street was improved, that the zoning on this property would stay the same. He asked whether any consideration has been given to what benefit to the community there will be by allowing this development. He would like a compromise on the number of lots an~ questioned the effect on Farquar Lake. Mr. Gretz said he was involved in the improvements and does not recall ever telling anyone the area would remain zoned for one acre lots. The reason for the old ~'R-I" zoning was for areas without sewer and water. W-hen utilities are available, the property qualifies for "R-3" zoning. Vote was taken on the motion. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995~75 approving the preliminary plat of Walnut Hills, with 62 single family lots, and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. RES, 1995-75 PRELIM. PLAT WAI2FOT HILLS Councilmember Goodwin asked whether there could be some reduction in the number of lots along 132nd Street? Gary Grant, representing the developer, said the number of lots has already been reduced to conform to the shoreland overlay district restrictions. Ron Bastyr, representing the developer, said because there is a 15,000 square foot minimum on the lots, they could not add another lot to replace one eliminated on 132nd Street. He said they would be willing to increase the front building setback on the lots facing 132nd Street. The Council agreed with increasing the setback to 40 feet. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1995 Page 5 MOTION: of Erickson, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Walnut Hills. Ayes ~ 4 - Nays - O. WALNUT HILLS PRELIM, REPORT COOP. POWER SWITCHING STATION of the site. Mr. Lovelace reviewed the Planning Commission recommendation on the proposed Cooperative Power switching station located south of County Road 42 and 530 feet east of Johnny Cake Ridge Road. He noted that any City Council approvals would be subject to approval of a Comprehen- sive Plan amendment by the Metropolitan Council and subsequent rezoning MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-76 authorizing submitting a Comprehensive Plan amend- ment to the Metropolitan Council for Cooperative Power Addition, changing the land use from MD to Institutional, as recommended by the Planning Commission. RES. 1995-76 COMP PLAN AMD. COOP. POWER Councilmember Humphrey said he is opposed to the location along County Road 42. If it were south of the 151st Street alignment, he would agree with it. (Mayor Branning attended during this time.) Vote was taken on the motion. Ayes - 4 - Nays - 1 (Humphrey). MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-77 approving the preliminary plat of Cooperative Power Addition and directing preparation of a subdivision agree- ment, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Humphrey). RES. 1995-77 COOP, POWER PRELIM. PLAT MOTION: of Ertckson, seconded by Sterling, adopting Resolution No. 1995-78 approving a Conditional Use Permit for Cooperative Power Association's electrical switching station, on Lot l, Block 1, Cooperative Power Addition; with conditions, as re- commended by the Planning Commission. Ayes - 5 ~ Nays - 0. RES. 1995-78 COOP. POWER CONDITIONAL USE PERMIT MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-79, approving the site plan and authorizing issuance of a building permit for an electrical switching station on Lot 1, Block 1, Cooperative Power Addition, with conditions, as recommended by the Planning Commission. RES. 1995-79 COOP. POWER BI~)G PERMIT Councilmember Goodwin asked what could be done to improvement appearance of the site? Gouncilmember Humphrey asked if a sprinkler system will be installed to maintain the landscaping? Mr. Lovelace said there will not he a sprinkler system beoause water servic~ is not available on the south side of County Road 42. Keviu Maas, Land Use Manager for Cooperative Power, reviewed the landscaping plan and said 450 plants, valued at $55,000 to $60,000, will be planted. They will contract with a professional landscape company for installation and maintenance. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Humphrey) CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1995 Page 6 Mr. Kelley reviewed the Planning Commission recommendation on the proposed rezoning of landmark corner, north of County Road 42 and east of Cedar Avenue. LANDMARK CORNER REZONE MOTION: of Sterling, seconded by Goodwin, passing Ordinance No. 596 amending Planned Development No. 290, Zone 1, applicable to Lot 1, Block 1, Apple Valley Commercial Addition; by adding hotels, motels and banquet or meeting room facilities as permitted uses under City Code Section A2-2(a)(17); as re- commended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 596 LANDMARK COR. P,D, REZONING MOTION: of Erickson, seconded by Goodwin, approving Traffic Signal Agreement No. 95-02 with Dakota County for County Project No~ 23-48, installation of a signal at the intersection of 157th Street and Cedar Avenue, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - O. 157TH & CEDAR COUNTY SIGNAL AGREEMENT FIRE DEPT. MUTUAL ~D Councilmember Sterling noted receipt of a letter thanking the Fire Department for assistance at a fire in Lakeville at HRA property. Councilmember Erickson asked about the MVTA's funding status. Mayor Branning said legislation had been introduced attempting to clarify use of transit funds by opt-out communities, but it stalled in commit- MVTA , STATUS tee. The Metropolitan Council has changed procedures and interpretation of the legislation since taking over transit operations. The Mayor reported on meetings of the Dakota County League of Govern- ments, April 12, 1995; and of the AMM earlier this evening. MEETING REPORT CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated: March 30, 1995, totaling $1,126,185.40; April 6, 1995, totaling $1,106,721.28; and April 13, 1995, totaling $5,173,847.67, $5,000.00, and $45,000.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded Sterling, to adjourn, Ayes - 5 - Nays The meeting was adjourned at 9:47 o'clock p.m.