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HomeMy WebLinkAbout05/11/1995CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May llth, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin, Humphrey (attended until 8:56 p.m.), and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Associate Planner Lovelaca, and Public Works Director Miranowski. 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. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA Mayor Branning said Apple Valley American Legion Post 1776 will be MEMORIAL DAY holding a Memorial Day ceremony on May 29, 1995, at Apple Grove Park, CEREMONY at 11:00 a.m. Vern Yetzer, of the Legion, introduced Rollin Dennistoun, who will be the guest speaker, and Bob Van Zeesen, Post Chaplin. He invited everyone to the ceremony. He also noted that Post 1776 is celebrating its 10th anniversary this weekend with a mortgage burning ceremony May 13, 1995. MOTION: of Sterling, seconded by Humphrey, proclaiming May 29, 1995, MEMORIAL DAY as "Memorial Day" and reminding citizens that flags should PROCLAMATION be flown at half staff until 12:00 noon on that day. Ayes - 5 - Nays - 0. Brendon Etter and Kyle Williams, of Apple Valley High School, were COMMUNITY present and invited the public to a Community Volunteering Fair on VOLUNTEER FAII May 20, 1995, from 12:00 noon to 3:00 p.m. Various organizations will be represented at the booth-format event. Its purpose is to provide an opportunity to match individuals' skills and interests to agencies in need of volunteers. 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. AUDIENCE DISC EMS WEEK PROCLAMATION Councilmember Sterling read a proclamation by the ALF Ambulance Joint Powers Board designating May 14-20, 1995, as "Emergency Medical Services Week". Its purpose is to recognize the value and accomplish- ments of emergency medical service providers. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of April 27th, 1995, as written. Ayes 5 - Nays - 0. of Humphrey, seconded by Goodwin, proclaiming May 19, 1995, as "Arbor Day" and the month of May as "Arbor Month" and reminding citizens of the importance of trees and tree planting programs. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-92 approving an Application for Exemption from Lawful Gambling License from Southview Elementary Parent-Teacher Organization, for an event on June 2, 1995, and waiving any waiting.period for State Gambling Board approval. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-93 providing for the issuance and sale of $3,880,000 Industrial Development Refunding Revenue Bonds to provide funds for the Apple Valley Commons Industrial Development Project on behalf of AV Development Company and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, dispensing with the policy of two readings and passing Ordinance No. 597 amending City Code Section 14-22(c) by including firearms discharge in a county or regional park under a permit or license in a special hunting program established by the County Board. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-94 approving reallocation of special assessments identified as Divisions No.: 20427, Altmagnet Landing; 20436, Foxmoore Ridge Two; 20515, Mistwood; 20588 Zoo School: and 20638, Apple Valley Industrial Park 4th Addition. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving classification of tax forfeited property: Outlet A, Carrollwood Village 4th Addition: Lot 1, Block 2, Hunters Wood; and Part of Lot 7, Block 1, Palomino Lakeside Meadows 6th Addition Replat; as non-conservation in preparation for sale, as recommended by the Dakota County Board of Commissioners. Ayes - 5 - Nays - 0. CONSENT AGENDA APR. 27, 1995 MINUTES ARBOR DAY PROCLAMATION RES. 1995-92 SOUTHVIEW PTO GAMB. EXEMPTN. RES. 1995-93 $3,880,000 IND DEVELOPMENT REFUNDING BOND ORDINANCE 597 AMEND FIREARM DISCHARGE RES. 1995-94 ASSESSMENT DIVISIONS TAX FORFEIT PROPERTY CLASSIF CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 1995 Page 3 MOTION: of Humphrey, seconded by Goodwin, approving a 12-month Sublease Agreement with Kevin Norwood to operate a coffee espresso bar, in the atrium/lobby area of Liquor Store No. 1 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a 1995-1996 Agreement with the Minnesota Department of Administration, Building Codes and Standards Division, for conducting plan review and building inspections, on a project by project basis, for state licensed facilities within the City, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of two temporary on-sale 3.2 beer licenses to Midwest Sport Events, Inc., for use at Eastview Athletic Complex on May 20 and 21, 1995; and June 3 and 4, 1995. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-95 approving plans and specifications for Project 95- 476, Hunters Wood Townhomes 2nd Addition Utility Improve- ments, and authorizing advertising for bids to be received on June 1, 1995, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving final payment on the contract with Lagerquist Elevator for the Police Facility and accepting it as final. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving final payment on the contract with AppliedGraphics (now Intuitive Solutions) for the Multimedia Public Information Kiosks and accepting it as final. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the Independent Contractor Agreement with JMG Contracting, Inc., for 1995 hydrant painting and sandblasting work and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving the Architec- tural Services Agreement with Cording-Natwick-Hilbert Architects, Inc., for the Senior Center Addition to Hayes Building and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the promotion of Sandra Wagner to the position of Recreation Supervisor, effective May 8, 1995, as listed in the Personnel Report dated May 11, 1995. Ayes D 5 - Nays - 0. LIQ. ATRIUM SUBLEASE STATE BLDG. INSPECTIONS AGREEMENT TEMPORARY BEER LICENSES RES. 1995-95 TAKE BIDS PROJ. 95-476 FINAL PAYMENT POLICE ELEV. FINAL PAYMENT KIOSKS HYDRANT PAINT AGREEMENT SR. CENTER ARCHITECT AGREEMENT WAGNER REC. SUPERVISOR CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 1995 Page 4 MOTION: of Humphrey, seconded by Goodwin, approving hiring the part- HIRE SEASONAL time and seasonal employees as listed in the Personnel EMPLOYEES Report dated May 11, 1995. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving a one-year WALKER medical leave of absence for Ronald Walker as listed in the MEDICAL LEAVE Personnel Report dated May 11, 1995. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:14 p.m. to PUBLIC HEARING consider Project 95-479, Zoogate Townhomes Utility Improvements, and PROJ. 95-479 noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated April 3, 1995, and noted the name of the subdivision is being changed to Hidden Valley. Couneilmember Humphrey asked if there is a time table on connecting the water main into the Zoo property? Mr. Gordon said he did not know, but would find out. The Zoo had expressed interest in connecting both water and sanitary sewer for a picnic area. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 8:16 p.m. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-96 ordering installation of Project 95-479, Zoogate Townhomes (Hidden Valley) Utility Improvements. Ayes - 5 - Nays - O. RES. 1995-96 ORDER PROJ, 95-479 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-97 approving a subdivision grading permit for Zoogate Townhomes (Hidden Valley) as recommended by the City Enginser. Ayes - 5 - Nays - 0. RES. 1995-97 ZOOGATE T.H. GRADING PERMIT Mayor Branning called the public hearing to order at 8:17 p.m. to PUBLIC HEARING consider Project 95-481, Walnut Hills Utility and Street Improvements, PROJ. 95-481 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated April 18, 1995. The Mayor asked for questions or comments from the Council and public. There were none and the hearing was declared closed at 8:20 p.m. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1995-98 ordering installation of Project 95-481, Walnut Hills Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1995-98 ORDER PROJ. 95-481 RgS.-1995-99 TAKE BIDS MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-99 approving plans and specifications for Project 95- 481 and authorizing advertising for receipt of bids on June 1, 1995, at 2:00 p.m. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 1995 Page 5 Mayor Branning called the public hearing to order at 8:22 p.m. to PUBLIC HEARING consider Project 95-482, Rodeo Hills 3rd and 4th Additions Utility PROJ, 95-482 Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated April 3, 1995. The Mayor asked for questions or comments from the Council and public. There were none and the hearing was declared closed at 8:24 p.m. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-100 ordering installation of Project 95-482, Rodeo Hills 3rd and 4th Additions Utility Improvements. Ayes 5 - Nays - 0. RES. 1995-100 ORDER PROJ. 95-482 MATTRESS LIQD. BUII~)ING Mr. Lovelace reviewed the Planning Gommission recommendation on the proposed Mattress Liquidators' building at 7540 West 147th Street. MOTION: of Humphrey, seconded by Erickson, approving the site plan for Mattress Liquidators' building on Lot 3, Block 3, Valley Commercial Park 1st Addition, with conditions as recommended ~ by the Planning Commission. MATTRESS LIQD. SITE PLAN Councilmember Humphrey asked if landscaping is appropriate on the south end of the property since the adjoining parking lot encroaches there? Mr. Lovelace said this is the applicant's plan and they intend to gain clear title to the area. Wayde Johnson, of Amcon Corporation, and Dave Jensen, the applicant, were present and showed colored renderings of the proposed building. Mayor Branning questioned maintenance of the neon strip highlighting the roof. Mr. Johnson said the type of lighting proposed is longer lasting and is easy to remove if it is no longer desired by the owner. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1995-101 authorizing issuance of a building permit for Mattress Liquidators retail building on Lot 3, Block 3, Valley Commercial Park 1st Addition, with conditions as recommended by the Planning Commission. RES. 1995-101 MATTRESS LIQD. BLDG. PERMIT Councilmember Sterling asked how signage will be handled? Mr. Jensen said there will be uniform signage for all tenants and the required sign plan will be submitted to the Gity. Vote was taken on the motion. Ayes - 5 - Nays - 0. Gouncilmember Humphrey recluded himself from the next item and excused himself from the table at 8:56 p.m. Mr. Lovelace reviewed the Planning Gommission recommendation on the proposed day care center on Lot 4, Block 1, Bor-Nel. The proposal in- cluded an office building on Lot 5, but that building permit is not TUTOR TIME DAY CARE CTR, CITY OF APPLE VALLEY Dakota County, Minnesota May 11, 1995 Page 6 being considered at this time. The day care building's exterior will be a combination of stucco and brick. The site plan is involved because the lots will share a driveway access and have joint parking easements. He reviewed the traffic consultant's report on vehicle trip generation dated April 27, 1995. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-102 approving a conditional use permit for operation of Tutor Time Day Care Center, in an LB zoning district, with brick and stucco exterior building materials on Lot 4, Block 1, Bor-Nel; subject to conditions as recommended by the Planning Commission. RES. 1995-102 TUTOR TIME CONDITIONAL USE PERMIT Howard Gianera, of Midwest Child Care Services LLC, was present and reviewed operations of the proposed Tutor Time facility. They expect to be licensed for up to 190 children; 125 of which will be in the 32 to 65 month age range and 8 to 16 infants. It will be open from 6:00 a.m. to 6:30 p.m. Mr. Lovelace reviewed recent traffic counts taken by the Public Works Department showing 750 trips per day on 143rd Street, 595 trips per day on Glenda north of 143rd, and 984 trips per day on Glenda south of 143rd. Mr. Miranowski said Glenda is a 44-foot wide street and residential streets are 32 feet wide. An average residsntial street carries 600 to 1,000 trips per day with 3,000 maximum. Glen Van Wormer, the traffic consultant, was present to answer questions. Councilmember Sterling commented on a survey she took of day care centers. Mayor Branning asked in which zones day care centers are permitted uses? Mr. Kelley said they are permitted uses in RB zones and conditional uses in LB zones. The Mayor commented on rezoning the west side of Glenda to multiple residential in 1986 and said such action should probably have predicated a look at surrounding zoning and compatibility. Margaret Zahalan, 14407 Glenda Drive, spoke on behalf of the Pennock Shores Townhouse Association. She said they have no problem with an office building but are concerned about noise from the playground of a day care center and traffic. she said she contacted the County about licensing and was told the normal standard is that the centers must be 1,320 feet from each other. There is already a center on 145th Street which is closer than this distance. The Council received a letter dated May 10, 1995, from the Association objecting to the day care center. Mayor Branning asked why 143rd Street was extended to Cedar Avenue? Mr. Kelley said it was done in 1989 at the request of the property owner and a development proposal in the Bor-Nel subdivision. Louis Grefe, 14324 Glenda Drive, expressed concern about pedestrian safety since most residents are older people. There is no sidewalk and residents have to cross Glenda to get to their mailboxes. CITY OF APPLE VALLEY Dakota County, Minnesota May il, 1995 Page 7 Mayor Branning and Councilmember Goodwin questioned the separation requirement for licensed day care centers. It was noted this is a State/County issue related to licensing and may be a guideline since there are already several centers closer to each other than 1,320 feet. Dale Runkle, representing the applicant, said the day care building has been brought into conformance with City ordinances. They expect to come back with the office building proposal on Lot 5 in about six weeks. They would like to construct the access and do the site grading on both lots at the same time. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning). MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1995-103 approving the site plan for a day care facility and office building, with cross parking easements, on Lots 4 and 5, Block 1, Bor-Nel, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1995-103 DAYCARE/OFFICI JOINT PARKING MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1995-104 authorizing issuance of a building permit for a day care facility on Lot 4, Block 1, Bor-Nel, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays ~ 1 (Branning). RES. 1995-104 TUTOR TIME BLDG. PERMIT Councilmember Sterling noted that responsibility for maintenance of the Pennock Shores pond should be clarified. Mayor Branning said this pond is on private property and is the responsibility of the homeowners to maintain. Mr. Gretz advised the Council that the City has been chosen as the AMM AWARD recipient of the 1995 Peacemaker Award by the AMM for the Apple ANNUAL MEETIN Valley-Lakeville Settlement Project. The award will be presented at the AMM's annual meeting on May 31, 1995. Those interested in attending should register by May 16th. Mayor Branning reminded the Council that Midway Bank will be holding its groundbreaking on May 12, 1995, and The Printing Genter will be holding an open house in its new facility on May 16, 1995. UPCOMING EVENTS GLAIMS ~ BILl MOTION: of Erickson, seconded by Sterling, to pay the claim~ and bills, check registers dated May 4, 1995, in the amount of $3,002,726.09; and May 11, 1995, in the amount of $332,891.34. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:05 o'clock p.m.