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HomeMy WebLinkAbout05/25/1995CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 25th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: Mayor Branning. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Personnel Director Boland, Fire Chief Calvin, Parks & Recreation Director Johnson, Community Development Diroctor Kelley, Assistant 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 allegiancs to the flag. MOTION: of Goodwin, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA John Gulla, Apple Valley~s representative, and Terry Krivorucka, DAP UPDATE member at large, of the Dakota Alliance for Prevention (DAP); were present to report on current activities. The 25-member partnership was funded by a five-year grant to work with youth by promoting chemical-free activities. It began in August of 1991 and will run through 1996. They reviewed the organization's mission and thanked the City for its support. Warren Higgins, 3840 Ballantrae Road, Eagan, commented on a letter HIGGINS COURT dated May 18, 1995, and information he submitted to the Council con- SYS, COMMENTS cerning justice system issues. He said false statements and perjuries are clogging the court system and wasting resources. Ths County does not investigate these issues; instead they are referred back to police departments. He is addressing cities and counties and requesting funding allocations to allow investigations to be pursued. Kathleen Stutz (no address given) distributed a copy of her letter to the editor of the Zumbrota News Record of July 11, 1994, concerning father's rig~s. She commented on the problem of no access to legal aid for men in the system. Acting Mayor Sterling asked if anyone was present to address the AUDIENCE DISC. Council at this time on any item not on this meeting's agenda. BOR-NEL DAY Margaret Zahalen, 14407 Glenda Drive, presented a letter dated May CARE & OFFICE 25, 1995, asking to reopen discussion on the proposed office building and day care center on Lots 4 and 5, Block 1, Bor-Nel. Her letter was received. Ron Dorken, 5290 - 132nd Street, said he was contacted by Pulte Homes WHITE OAK RDG. about developing three lots, formerly owned by Eleanor Petter, around PULTE DEV. the pond on Long Lake. He said the drainage runs to his property and he asked why no hearing has been held on the proposal. Mr. Kelley said plans have not been submitted yet. Pulte Homes was advised that when plans are prepared the neighb~ will be notified. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Erickson, seconded by Humphrey, adding rebid of part of Hayes Arena Bid Package 3, County agreements for Cedar/ County Road 42 intersection and Pilot Knob Road, and sale of old fire trucks to the consent agenda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS of Erickson, seconded by Humphrey, approving the minutes of the closed and regular meetings of May llth, 1995, as written. Ayes ~ 4 - Nays - 0. of Erickson, seconded by Humphrey, adopting Resolution No. 1995-105 accepting, with thanks, American Legion Post 1776's donation of $4,000.00 to the 4th of July Committee. Ayes 4 - Nays - 0. of Eriekson, seconded by Humphrey, adopting Resolution No. 1995-106 accepting, with thanks, Bonestroo, Rosene, Anderlik & Associates's donation of $200.00 towards sponsorship of recreation programs. Ayes ~ 4 - Nays - 0. of Erickson, seconded by Humphrey, authorizing the expenditure of $23,000.00 from the Park Dedication/ Maintenance Fund as described in the Park & Recreation Director's memo dated May 22, 1995. Ayes - 4 - Nays of Erickson, seconded by Humphrey, adopting Resolution No. 1995-107 authorizing issuance of a building permit for Hayes Park Arena, at 14395 Hayes Road, with conditions as recom- mended by the Planning Commission. Ayes - 4 - Nays - O. of Erickson, seconded by Humphrey, adopting Resolution No. 1995-108 awarding contracts for portions of Hayes Park Arena Bid Package No. 3, to the various low bidders, as listed in the Park & Recreation Director's memo dated May 22, 1995, Ayes - 4 - Nays - O. of Erickson, seconded by Humphrey, approving Change Order No. 1 to the contract with Becket Arena Products, Inc., for Hayes Park Arena Section 11485, Dasher Boards, in the amount of a $10,899.00 deduction. Ayes - 4 ~ Nays - 0. of Erickson, seconded by Humphrey, adopting Resolution No. 1995-109 approving rebid of the Membrane Roofing, Flashing and Trim, and Roof Accessories Sections of Hayes Park Arena Bid Package No. 3 and authorizing advertising for receipt of bids at 2:00 p.m. on June 13, 1995. Ayes - 4 - Nays - 0. CONSENT AGENDA MAY 11, 1995 MINUTES RES. 1995-105 LEGION JULY 4TH DONATION RES. 1995-106 BRA RECREATION DONATION PARK MNTC EXPENDITURE RES. 1995-107 HAYES ARENA BLDG, PERMIT RES. 1995-108 AWARD PART OF ARENA BID PKG, NO, 3 CHANGE ORDER 1 HAYES ARENA ~ASHER BOARDS RES. 1995-109 REBID PART OF ARENA BID NO. 3 CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-110 authorizing issuance of a building permit to Model Stone Company for a temporary office and storage building, at 5001 West 160th Street Road, with conditions as recom- mended by the Planning Commission. Ayes - 4 - Nays - 0. of Erickson, seconded by Humphrey, approving reduction of the subdivision financial guarantee for Mistwood from $637,000 to $507,000. Ayes - 4 - Nays - 0. of Erickson, seconded by Humphrey, adopting Resolution No. 1995-111 approving the final corrective plat for Waterford Village Townhomes and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Erickson, seconded by Humphrey, adopting Resolution No. 1995-112 approving the final plat and subdivision agreement for Nordic Woods 17th Addition and authorizing the Mayor and Clerk to sign the same. Ayes ~ 4 - Nays - 0. of Erlckson, seconded by Humphrey, granting a variance to allow staggered setback of buildings of up to 15 feet from County Road 38 on Lots 3-5, Block 1, Nordic Woods 17th Addition° Ayes - 4 - Nays - 0. of Erickson, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for Project 95-310, Minnesota Zoological Gardens Storm Sewer. Ayes ~ 4 - Nays - 0. of Erickson, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for Project 95-488, Cedar Isle Estates 2nd Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. of Erickson, seconded by Humphrey, approving Change Order No. 2 to the contract with Schield Construction Co. for Project 94-351, Alimagnet Landing Improvements, in the amount of an additional $9,532.05. Ayes - 4 - Nays - 0. of Erickson, seconded by Humphrey, approving Change Order No. 2 to the contract with Schield Construction Co. for Project 94-442, Woodwinds 2nd Addition Improvements, in the amount of an additional $2,000.00. Ayes - 4 - Nays - 0. of Erickson, seconded by Humphrey, adopting Resolution No, 1995-113 prohibiting parking on both sides of Cedar Avenue between 138th Street and 155th Street. Ayes - 4 - Nays - 0, RES. 1995-110 MODEL STONE BLDG, PERMIT MISTWOOD BOND REDUCTION RES. 1995-111 CORRECT WATER- FORD VILL PLAT RES. 1995-112 NORDIC 17TH FINAL PlAT BLDG. SETBACK VARIANCE NORDIC 17TH PROJ. 95-310 PRELIM. REPORT PROJ, 95-488 PRELIM. REPORT CHANGE ORDER 2 PROJ. 94-351 CHANGE ORDER; PROJ. 94-442 RES. 1995-113 NO PARKING CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Page 4 MOTION: of Eriekson, seconded by Humphrey, approving an Agreement with The Toro Company for product testing at Valleywood Golf Course for the period May 1~ 1995, to April 14, 1996; and authorizing the Mayor and Clerk to sign the same. Ayes 4 - Nays - 0. TORO TEST AGREEMENT HIRE SEASONAL EMPLOYEES PILOT KNOB ENG AGREEMENT CR 42 & CEDAR AGREEMENT MOTION: of Erickson, seconded by Humphrey, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated May 25, 1995. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Humphrey, approving the Agreement with Dakota County for Preliminary Engineering on Pilot Knob Road Construction between County Road 33 and 160th Street, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Humphrey, approving the Agreement with Dakota County for Reconstruction of the County Road 42 and Cedar Avenue Intersection, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays ~ 0. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No~ RES. 1995-114 approving the sale of Unit 4981, a 1966 pumper fire SELL OLD truck, and Unit 4982, a 1968 pumper fire truck, in an "as FIRE TRUCKS is" condition, to North Star Township for a total of $23,000.00. Ayes ~ 4 - Nays - 0. END OF CONSENT AGENDA Acting Mayor Sterling called the public hearing to order at 8:23 p.m. PUBLIC HEARING to consider 1995 Special Assessment Roils No. 360 through 363 and ASSMT 360-363 noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the assessment rolls and distributed a correction to Roll No. 36~, reduoing the amount to $76,758.00. The revised total of the assessments is $488,082.00. The Council received a letter dated May 24, 1995, from Gordon Jenssn, representing the property ownsr of Lot 1, Block 1, Apple Ponds 5th Addition; objecting to Assessment Roll No. 361. The Acting Mayor asked for other questions or comments. ~ere were none and the hearing was declared closed at 8:24 p.m. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-115 approving 1995 Special Assessmsnt Rolls No. 360 through 363 in the total amount of $488,082.00 for certification to Dakota County. Ayes - 4 - Nays - 0. RES. 1995-115 LEVY ASSMTS. 360-363 Mr. Kelley reviewed his memo dated May 25, 1995, concerning reauthor- DAIRY ization of a building permit and conditional use permit for Dairy PERMITS Queen on Lot 2, Block 1, Margolis Addition. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Page 5 MOTION: of Goodwin, seconded by Humphrey, reauthorizing issuance of a building permit and Conditional Use Permit for a Glass II Restaurant to Dairy Queen on Lot 2, Block 1, Margolis Addition, with a revised site plan, to expire on August 23, 1995, as described in the Community Development Director's memo dated May 25. 1995. REAUTHORIZE DAIRY QUEEN PERMITS Councilmember Humphrey suggested the trash dumpster enclosure should be relocated, or further screened, from the corner of 149th and Granada and asked Staff to work with the developer. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Gretz reviewed the proposed Joint Powers Agreement with School District 196, as revised, for development and usage of the High School No. 4 and Athletic Complex site on the southwest corner of 140th Street and Johnny Cake Ridge Road. CITY/SCHOOL JOINT POWERS AGREEMENT MOTION: of Humphrey, seconded by Eriekson, approving the Development and Site Usage Joint Powers Agreement with Independent School District No. 196 Inc., for a high school and athletic facilities on property located on the southwest corner of 140th Street and Johnny Cake Ridge Road and authorizing the Mayor and Clerk to sign the same. HIGH SCHOOL 4/ ATHIJ~TIG SITE JOINT POWERS AGREEMENT Councilmember Goodwin asked for an estimate of savings by Joint development of the site. Mr. Gretz said the City would save approximately $1,000,000 and the School's estimate is about the same. 3aekie Magnuson, Joel Sutter, and Jim 5oesen, of the School District, were present. Vote was taken on the motionl Ayes - 4 - Nays - 0. Ms. Magnuson, School Board Chair, thanked all staff members for work on the agreement and commented on the collaboration resulting in mutual benefit for both the City and School. Mr. Lovelace reviewed the Planning Commission recommendation for High HIGH SCHOOL School No. 4 and the site plan for overall development. Over 1,300 NO, 4 parking spaces will be developed on the 125-acre site. Glen Van Wormer, the Oity's traffic consultant, summarized his traffic study, dated May 22, 1995, and reviewed the impact of student traffic on surrounding streets. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-116 authorizing submitting the Comprehensive Plan Amendment; changing the Land Use Map from "LB", "MD" and "GI" to "PK/SH" on the School portion of the site at 140th Street and Johnny Cake Ridge Road; to the Metropolitan Council as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1995-116 H.S. NO. 4 COMP. PLAN AMENDMENT CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Page 6 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-117 approving the preliminary plat of High School No. 4/Eastview Addition and directing preparation of a subdi- vision agreement, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - O. RES. 1995-117 H.S. NO. 4 PRELIM. PLAT MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-118 approving a Conditional Use Permit for High School No. 4/Eastview Addition, allowing a building constructed to a maximum height of 42 feet, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1995-118 H.S. NO. 4 COND. USE PER, MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-119 authorizing issuance of a building permit for High School No. 4, in Eastview Addition, with conditions, as recommended by the Planning Commission, and the Traffic Consultant's report. RES. 1995-119 H,S. NO. 4 BLDG, PERMIT Chet Harrison, of Clark Engineering, said they are doing the site work for the school and will work with Mr. Van Wormer to implement his suggestions for the site parking and traffic circulation. Vote was taken on the motion. Ayes - 4 - Nays - 0. Ms. Bodmer reviewed the Planning Commission recommendation on the proposed expansion of Heritage Lutheran Church, at 13401 Johnny Cake Ridge Road. HERITAGE LUTH. CHURCH EXp, MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-120 authorizing issuance of a building permit for Heritage Lutheran Church expansion on 0utlot E, Greenleaf 4th Addition, with conditions and a letter of understanding for installation of parking lot curbing and landscaping within three years, as recommended by the Planning Commis- sion. Ayes - 4 - Nays - 0. RES. 1995-120 HERITAGE LUTH. CHURCH EXP. BLDG. PER2~IT Mr. Kelley reviewed his memo dated May 25, 1995, concerning the re- "MODEL STONE quest of Model Stone Company for use of barbed wire on top of the FENCING perimeter chainlink fence. Greg Pruyn, Operations Manager for Model Stone, was present and commented on the need for a fence for security reasons. It is set back 30 to 40 feet from the residential area on the north, but on the east it is two feet from the property line. There will be a road right-of-way along that route and there is no other way to locate a fence in that area. MOTION: of Humphrey, seconded by Erickson, approving the use of barbed wire on top of a fence surrounding the Model Stone Company operation, north of 160th Street and east of Pilot Knob Road, as described in the Community Development Director's memo dated May 25, 1995, except allowing a two- foot setback along the east boundary. MODEL STONE BARBED WIRE FENCING CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Page 7 Chris Remer, 15493 Darling Path, presented a petition from the residential area in Rosemount abutting the Model Stone property objecting to the barbed wire. He showed pictures of the current fence and said they are also opposed to the barbed wire tilting in toward the backyards. Mr. Miranowski said the purpose of the angle is to prevent anyone from climbing over the fence. If it were angled away, there is more potential for the person trying to climb the fence falling on the barbed wire. Mr. Pruyn said the fence is also located to avoid the pipeline and runs parallel to it. Vote was taken on the motion. Ayes - 4 - Nays - 0. Ms. Bodmer reviewed the Planning Commission recommendation on the APPLE VALLEY proposed Apple Valley Ford Expansion to Outlets B and C of Apple FORD EXPANSION Valley Ford Addition. It will involve combining existing Lots 1 and 2, Block 2, into the new Apple Valley Ford 2nd Addition. Jim Price, of Apple Valley Ford, was present to answer questions. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-121 approving the preliminary plat of Apple Valley Ford 2nd Addition and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission; subject to modification of the lease for Outlet A, Apple Valley Ford Addition, to require removal of any buildings closer than 20 feet in the event the City terminates the lease. Ayes - 4 - Nays - 0. RES. 1995-121 PRELIM. PLAT APPLE VAT.T.~Y FORD 2ND ADDN. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-122 approving a Conditional Use Permit for outdoor display and storage of undamaged vehicles on Lots 1 and 2, Block 1, Apple Valley Ford 2nd Addition, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1995-122 A.V. FORD COND USE PERMIT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-123 authorizing issuance of a building permit for expansion of Apple Valley Ford on Lots 1 and 2, Block 2, Apple Valley Ford Addition; and Lots 1 and 2, Block 1, Apple Valley Ford 2nd Addition; with conditions as recommended by the Planning Commission. RES. 1995-123 A.V. FORD BLDG. PERMIT Mr. Price said Apple Valley Ford now has approximately 165 employees and with this expansion will add about 35 employees. Vote was taken on the motion. Ayes - 4 ~ Nays - 0-. Ms. Boland gave the first reading of an ordihance amending City Code Section 16-17 as described in her memo dated May 25, 1995. It relates to adding an additional week of annual leave accumulation at 20 years ANNUAL LEAVE ORD. AMEND. FIRST READING CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1995 Page 8 of employment and providing for employees to liquidate annual leave accounts and banked sick leave accounts for the purpose of purchasing insurance at retirement. As requested, she checked on what other agencies have done in this area. She did not find any other public sector jurisdictions implementing this policy, but it has been used in the private sector. The Council accepted the first reading; the second reading will be scheduled for June 8, 1995. Acting Mayor Sterling reminded the Council that the City will be receiving the 1995 Peacemaker Award by the ~ for at its annual meeting on May 31, 1995. AMMAWARD ~2FNUAL MEETING Councilmember Erickson noted the annual City auction will be held June 10, 1995, at 9:30 a.m., at the Central Maintenance Facility. AUCTION CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated May 18, 1995, in the amount of $8,823,806.39; and May 25, 1995, in the amount of $2,404,749.66. Ayes - 4 - Nays ~ O. MOTION: of Erickson, seconded Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:58 o'clock p.m.