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HomeMy WebLinkAbout06/08/1995CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 8th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers 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 Planner Boclmer, Personnel Director Boland, Fire Chief Calvin, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Public Works Director Miranowski, and Police Chief Willow. Mayor Branning called the meeting to order at 8:00 p.m. The Gouncilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Goodwin, moving the variance for MOVE VARIANCE 13099 Ferris Court from the regular agenda to the consent TO CONSENT agenda. Ayes - 4 - Nays - 0 (Branning Abstained). MOTION: of Sterling, seconded by Humphrey, moving consideration of annual leave ordinance and building code ordinance from the regular agenda to the consent agenda. Ayes - 5 - Nays - 0. MOVE ORDINANCE TO CONSENT MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Branning asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. He noted the total time allotted is ten minutes and only for items not already on the agenda. If an item requires more discussion than this time period allows, it should be scheduled on the regular agenda at a future meeting for full discussion. No one was present to speak.' MOTION: of Goodwin, seconded by Erickson, approving all items on the consent agenda, with no exceptions, including those items moved from the regular agenda at the beginning of this meet- ing. Ayes - 5 - Nays - 0. CONSENT AGENDA MAY 25, 1995 MINUTES CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Erickson, approving the minutes of the regular meeting of May 25th, 1995, as written. Ayes - 4 - Nays - 0 (Branning Abstained). MOTION: of Goodwin, seconded by Erickson, proclaiming June 14, 1995, as "Flag Day" and urging citizens to pause and recite the Pledge of Allegiance at 6:00 p.m. Ayes - 5 - Nays - 0. PROCLAIM FLAG DAY CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-124 accepting, with thanks, Polaroid Company's donation of two cameras for use by the Police Department. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, approving an agreement with Schlegel Auction Company to conduct the City auction, on June 10, 1995, at 9:30 a.m., at the Central Maintenance Facility, and authorizing the Mayor and Clerk to sign the same, Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, approving Change Order No. 1 to the contract with Twin City Wire for Hayes Park Arena, in the amount of an additional $9,985.00, for Section 5500 of Bid Package No. 3. Ayes ~ 5 - Nays - 0. of Goodwin, seconded by Erickson, approving Supplement No. 3 to the Cooperation Agreement for the Dakota County Community Development Block Grant Program, reauthorizing the City's participation, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. of Goodwin, seconded by Erickson, reauthorizing final plat and subdivision agreement approval for Sunset Place (replat of Outlot A, Foster's Addition) as described in the Assistant Planner's memo dated June 5, 1995. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-125 approving the final plat and subdivision agreement for The Woodwinds 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. of Goodwin, seconded by Erickson, approving a one-year extension of tho preliminary plat approval for the remaining Woodwinds Additions, to expire June 17, 1996, as described in the Community Development Director's memo dated June 8, 1995. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-126 awarding the contract for Project 95-477, The Woodwinds 3rd Addition Utility and Street Improvements, to GEGA Utilities, the low bidder, in the amount of $237,035.00. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-127 approving the final plat and subdivision agreement for Williamsburg 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1995-124 POLAROID DONATION SCHLEGEL AUCTION AGREEMENT CHANGE ORDER t4AYES ARENA CDBG SUPPLE- MENT NO. 3 AGREEMENT SUNSET PLACE FINAL PLAT & AGREEMENT RES. 1995~125- WOODWINDS 3RD FINAL PLAT EXTEND WOODWINDS PRELIM. PLAT RES. 1995-126 AWARD CONTRACT PROJ. 95-477 h RES. 1995~127~ WMSBURG2ND FINAL PLAT CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by grickson, adopting Resolution No. 1995-128 awarding the contract for Projects 94-464 and 94- 470, Nordic Woods 17th and Williamsburg 2nd Additions Utility Improvements, to Schield Construction, the low bidder, in the amount of $211,426.49. Ayes ~ 5 - Nays - 0. of Goodwin, seconded by Erickson, directing the City Engineer to prepare a preliminary feasibility report for Project 95~473, High School No. 4 Utility Improvements. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-129 approving plans and specifications for Project 93- 430, Palomino Drive and County Road 11 Intersection Reconstruction, and authorizing advertising for receipt of bids on July 6, 1995, at 2:00 p.m. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-130 approving plans and specifications for Project 95- 479, Hidden Valley (Zoogate Townhomes) Utility Improvements, and authorizing advertising for receipt of bids on July 6, 1995, at 2:00 p.m. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-131 approving plans and specifications for Project 95- 485, Hayes Park Arena Utility Improvements, and authorizing advertising for receipt of bids on July 6, 1995, at 2:00 p.m. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-132 approving specifications for a 16-Foot Large Scale Rotary Mower for Park Maintenance and authorizing adver- tising for receipt of bids on June 27, 1995, at 2:00 p.m. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-133 prohibiting parking on both sides of Palomino Drive from County Road 11 to a point 450 feet east of the intersection. Ayes - 5 ~ Nays - 0. of Goodwin, seconded by Erickson, adopting Resolution No. 1995-134 awarding the contract for Project 95-471, 1995 Street Maintenance Program, to Vivant Contracting, the low bidder, in the amount of $276,640.00. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, approving the Dakota County Cost Sharing Agreement for a County-Wide Multi-Layer Analytical Element Ground Water Flow Model and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1995-128 AWARD CONTRACT PROJ. 94-464 & 94-470 PROJ. 95-473 PRELIM. REPORT RES. 1995-129 TAKE BIDS p~OJ. 93-430 RES. 1995-130 TAKE BIDS PROJ. 95-479 RES. 1995-131 TAKE BIDS PROJ. 93-485 RES. 1995-132 TAKE BIDS PARK MOWER RES. 1995-133 NO PARKING RES. 1995-134 AWARD CONTRACT PROJ. 95-471 COUNTY GROUND WATER FLOW MODEL AGREEMT. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 1995 Page 4 MOTION: MOTION: of Goodwin, seconded by Eriekson, receiving the Cable Television Advisory Committee's 1994 Annual Report. Ayes 5 - Nays - 0o of Goodwin, seconded by Erickson, approving contracting with LifeStyle Management to conduct Master Patrol testing, as described in the Human Resources Director's memo dated June 5, 1995. Ayes - 5 - Nays - 0. CABLE TV COM. ANNUAL REPORT MASTER PATRO~~ %ESTING AFSCME 95-96 AGREEMENT HIRE BREUER REC. SPECIALST MOTION: of Goodwin, seconded by Erickson, approving the 1995-1996 Labor Agreement with AFSCME Maintenance Union, as described in the Human Resources Director's memo dated June 8, 1995, cod authorizing execution of the documents. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Goodwin, seconded by Erickson, approving hiring Scott A. Breuer for the fullttme position of Recreation Specialist, effective June 19, 1995, as listed in the Personnel Report dated June 8, 1995. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving hiring the seasonal employees as listed in the Personnel Report dated June 8, 1995. Ayes - 5 - Nays - O. HIRE SEA EMPLOYEES ACCESSORY BUILDING VARIANCE ORDINANCE 598~ ANNUAL LEAVE UNIFORM BLDG." CODE ORDINANCE FIRST READING MOTION: of Goodwin, seconded by Erickson, granting a variance to allow construction of an accessory building to within three feet of the garage on Lot 16, Block 5, Greenleaf 5th Addition, conditioned on bne-hour fire rating construction, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: MOTION: of Goodwin, seconded by Erickson, accepting the second reading and passing Ordinance No. 598 amending City Code Section 16-17 concerning annual leave accumulation and adding a provision to allow unused balance to be used for purchase of insurance at retirement. Ayes - 5 - Nays - 0. of Goodwin, seconded by Erickson, accepting the first reading of an ordinance amending Chapter 6 of the City Code by adopting the 1994 Uniform Building Code and revising the associated fee schedule; the second reading will be scheduled for June 22, 1995. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Ms. Bodmer reviewed the Planning Commission recommendation on the HYLAND POINTE proposed Hyland Pointe Townhomes located north of 160th Street be- tween Garden View Drive and Hyland Avenue. The rezoning request, to M~3C, is for a 21-unit subdivision. She reviewed overall density of the area. CITY OF APPLE VALLEY Dakota County, Minnesota June S, 1995 Page 5 MOTION: of Humphrey, seconded by Sterling, passing Ordinance No. 599 rezoning the proposed Hyland Pointe Townhomes property, northwest of 160th Street and Garden View Drive, from A to M-3C as recommended by the Planning Commission. ORDINANCE 599 REZONE HYLAND POINTE T.H. Marc Phibbs, 15978 Hyland Pointe Court, said the neighborhood still believes the density should be lower. They are also concerned about increased storm water runoff into the lake and the level of traffic on Garden View Drive. Mr. Gordon said about 160 acres in Apple Valley and the same in Burnsville drain into Lac Lavon. The agreement on drainage covered the old gravel pit area. The three acres in this development will net affect what is already draining into the lake. A holding pond on the site will reduce the amount of water draining to a catch basin in the street and another catch basin will be added. Mr. Gretz said because 160th Street will be a future access to I35, they are re- looking at whether there will be a four-way intersection at 160th and Garden View. The future street connection in Lakeville may need to be moved to offset the intersection. Gouncilmember Erickson said if the area were zoned for single family homes, it could have about 16 lots. That type of development would probably have less green space and as much runoff as townhomes. Councilmember Humphrey said he is concerned about Garden View Drive traffic and the desire to move the cross street should be communicated to Lakeville. Councilmember Goodwin commented on the Planning Commission's consideration of the zoning and noted the proposal is virtually the same as the existing surrounding density. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz said Staff has been meeting with the developer and the neighborhood on issues concerning access and screening. The residents have raised 16 points today and they cannot be addressed until the City Attorney has an opportunity to review them. Bill Diedrich, the developer, said he is buying the land from Dakota County which is demanding a closing by June 12th. He would like an answer on the proposal before closing on the property. MOTION: of Humphrey, seconded by Eriekson, holding action on other items related to the proposed Hyland Pointe Townhomes until the end of the meeting to allow the developer and residents to leave the room and discuss issues raised in the residents' letter. Ayes - 5 - Nays - O. DELAY HYIAND POINTE T.H. AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 1995 Page 6 Mr. Gretz reviewed the proposed Joint Powers Agreement with the City LAKEVILLE of Lakeville for the Central Storm and Sanitary Sewer Interceptors. JOINT POWERS It was prepared as agreed upon by the cities in 1994 except the terms AGREEMENT of pathway construction on 160th Street were changed. The County had agreed to pay for a pathway on the south side of 160th Street only. Apple Valley and Lakeville will share the cost of a pathway on the north side of 160th Street. Mayor Branning asked about language related to the alignment of 160th Street. He believed the intent was to move the centerline, but not the entire right-of-way, farther north. Mr. Gordon reviewed the alignment where the road shifts north, between Galaxie Avenue and Pilot Knob Road, to stay farther from existing residences in Lakeville. Mayor Branning questioned language in paragraph 30 stating the City "will" develop a 38-acre park and said he would prefer "may", Councilmember Goodwin said the County's intent in giving the property to the City is that it will be a park and the language reflects that. Mr. Miranowski said the agreement reflects what was agreed to by the eities and it includes a clause allowing future modifications. Councilmember Humphrey said the agreement doesn't tie the park to exactly the location of the County property but allows flexibility for future development. MOTION: of Erickson, seconded by Humphrey, approving the Joint Powers Agreement with Lakeville for Central Storm Sewer (Project 93-425) and Sanitary Sewer. Interceptors (Project 93-426), County Road 46 Alignment and Parks, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. LAKEVILLE SEWER/CR 46 JOINT POWERS AGREEMENT , Mr. Gretz commented on the Metropolitan Council's approval of the Comprehensive Plan Utility Chapter text amendment dealing with the sanitary sewer system. In addition to approving it, the Waste Control Division agreed to pay for the central trunk construction now rather than the City funding it and being reimbursed in the future. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-135 approving the text amendment to the Comprehensive Guide Plan Utility Chapter, by designating installation of the metropolitan portion of the central sanitary sewer trunk for construction in 1995, as approved by the Metropolitan Council. RES. 1995-135 UTILITY TEXT COMP. PLAN AMENDMENT Mayor Branning said he believes this action will allow premature encroaching development on the gravel mining areas approved by the City. Vote was taken on the motion. Ayes - 4 - Nays ~ 0 (Branning Abstained). Police Chief Willow reviewed the memo dated June 2, 1995, concerning purchase of 10 portable external defibrillators. Seven units will be POLICE & DEFIBRILLATORS CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 1995 Page 7 placed in squad cars and three will go to the Fire Stations. Fire Chief Calvin showed the proposed equipment and commented on potential usage. Kevin Raun, ALF Ambulance Director, commented on the benefits of quick emergency response and said ALF will conduct training for Police and Fire personnel. MOTION: of Goodwin, seconded by Erickson, authorizing the purchase of 10 portable external defibrillators for the Police and Fire Departments, at a total cost of approximately $30,000, as described in the Police and Fire Chiefs' memo dated June 2, 1995. Ayes - 5 ~ Nays - 0. PURCHASE DEFIBRILLATORS COPS FAST HIRING GRANT Police Chief Willow reviewed his memo dated June 2, 1995, concerning grant funding for the COPS FAST Community Policing Hiring Supplemental Grant. The City will receive $75,000 over a three-year period which will need to be matched by $75,896 of City funds. MOTION: of Ericksou, seconded by Sterling, authorizing acceptance of ACCEPT COPS the U.S. Department of Justice COPS FAST Community Policing FAST GRANT Supplemental Grant funds as described in the Police Chief's memo dated June 2, 1995. Ayes - 5 - Nays - 0. Police Chief Willow reviewed his memo dated June 2, 1995, concerning SAFE & SOBER a grant application for participation in the Safe and Sober Communi- PROGRAM ties Program. The request is for approximately $22,000 to be used for campaigns to increase public awareness in the areas of alcohol, speed, seat belt use and youth driving enforcement. No matching funds are required. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-136 authorizing entering into a grant agreement with the Minnesota Department of Public Safety for a Safe and Sober Communities project during the period October 1, 1995, through September 30, 1996, and authorizing the Police Chief to execute the necessary documents. Ayes - 5 ~ Nays - 0. RES. 1995-136 SAFE & SOBER GRANT APP. Mr. Gretz reported that the developer and residents have reached agreement on issues related to Hyland Pointe Townhomes. The details will need to be incorporated into a subdivision agreement by the City Attorney and brought back for Council approval. HYLAND POINTE T.H. ISSUES MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1995-137 approving the preliminary plat of Hyland Pointe Townhomes, with 21 dwelling units., and directing preparation of a subdivision agreement; with conditions, as recommended by the Planning Commission, and points agreed to by the residents, providing for driveway accesses to the west and to the northeast. RES. 1995-137 PRELIM. PLAT HYLAND POINTE TOWN-HOMES Carl Watrud, one of the developers, said they have reached agreement with the residents for driveway access to the west. They will also work with the City Engineer to locate the driveway access to the northeast. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 1995 Page 8 Mr. Phibbs asked what recourse there is if the developer does not proceed as agreed? Mayor Branning said the final plat and agreement have to come back to the Council for approval, Vote was taken on the motion. Ayes - 5 - Nays - 0. Gary Shade, 15989 Garden View Drive, thanked City Staff and especially Ms. Bodmer for working with the neighborhood and addressing its concerns. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-138 authorizing issuance of building permits for 21 dwelling units in Hyland Pointe Townhomes, with conditions as recommended by the Planning Commission and issues agreed upon with the residents. Ayes - 5 - Nays - 0. RES. 1995-13~ HYLAND POINTE TOWNHOMES BLDG, PERMIT MOTION: of Erickson, seconded by Sterling, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Hyland Points Townhomes. Ayes - 5 - Nays - 0. HYLAND PT. TH.' PRELIM. REPO~I Mayor Branning noted that the groundbreaking for Hayes Park Arena was ARENA GROUND held today. BREAKING Mayor Branning said the MVTA is moving to its new offices this week in MVTA OFFICE~, the new Burnsville Transit Genter. The Council noted that they will be attending the League of Minnesota Cities annual conference next week. LMC CONFERENCE The Council discussed legislation passed this session including the LEGISLATIVE Metropolitan Livable Communities Act. Another new provision related UPDATE to land use petitions is that effective July let, action will have to be taken within 60 days of application. The Council noted it wanted some type of procedure so the Planning Commission's recommendations on these matters would be forwarded with time= for Council consideration well before the deadlines. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated June 1, 1995, in the amount of $2,466,198.95; and June 8, 1995, in the amount of $2,671,696.74. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:15 o'clock p.m.