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HomeMy WebLinkAbout06/22/1995CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 22nd, 1995, at 8:00 o'clock p.m., at Apple Valley City Nail. PRESENT: Mayor Brarming; Gouncilmembers Erickson, Goodwin, Humphrey (attended at 8:44 p.m.), and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon,-Assistant Planner Bodmer, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelle~, Assistant Planner Lovelace, 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. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Margaret Paton, Chair of the 4th of July Committee, was present and 4TH OF JULY described activities planned for this year's celebration. The parade ACTIVITIES begins at 1:00 p.m. on July 4th. The fireworks display will be held at Eastview, around 10:00 p.m, and activities and music begin there at 7:00 p.m. She thanked the Council and Staff for their support. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1995-139 proclaiming July 4, 1995, as "The 29th Annual Apple Valley 4th of July Celebration" and encouraging all citizens to support and participate in the celebration. Ayes - 4 - Nays - 0. RES. 1995-139 PROCLAIM JULY 4TH AUDIENCE DISC. CONSENT AGENDA 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 ~peak. MOTION: of Sterling, seconded by Goodwin, moving consideration of Apple Valley Ford 2nd Addition and receipt of a response on the Tutor Time Daycare Facility to the regular agenda and approving all remaining items on the consent agenda, with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of June 8th, 1995, as corrected on page 6. Ayes - 4 - Nays - 0. JIINE 8, 1995 MINUTES RES. 1995-140 FIRE DEPT. DONATION MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-140 accepting, with thanks, Thomas Spear's donation of a 1982 Ford van to the Fire Department for training purposes. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1995 Page 2 MOTION: of S~erling, seconded by Goodwin, adopting Resolution No. 1995-141 accepting, with thanks, Robert Uphoff's donation of a 1974 Ford pickup to the Fire Department for training purposes. Ayes - 4 ~ Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a permit to the Parks & Recreation Department and Remote Special Effects Fireworks Company to provide a fireworks display on July 4, 1995, at 10:00 p.m., at Eastview Athletic Complex and authorizing the expenditure of $13,500, from'account 4280- 5010 for the fireworks. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a dance permit to the Parks & Recreation Department on July 2, 1995, at 7:30 p.m., at Apple Valley High School. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a parmit to the Parks & Recreation Department and 4th of July Committee to provide a kiddie parade on July 4, 1995, at 10:45 a.m., and authorizing up to 20 swimming pool passes for use an prizes. Ayes ~ 4 ~ Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing issuance of temporary on-sale 3.2 beer licenses to the Rosemount Jaycees for use on July 4, 1995, at Hayes Field and Eastview Athletic Complex. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing issuance of a party permit to Robert P. Jensen, for Northwest Airlines Employees, for a picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on June 28, 1995, only. Ayes - 4 - Nays - 0. MOTION: ¢ of Sterling, seconded by Goodwin, authorizing issuance of a 1995 refuse collection license to Randy's Sanitation, Inc. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-142 approving the minor subdivision final plat of Pouti Addition (dividing Lot 1, Block 3, Nordic Woods 1st Addition) and waiving the requirement for a subdivision agreement, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a setback variance to allow construction of a garage to within 14.4 feet of the side lot line on Lot 1, Block 2, Bob's Garden View 4th Addition, as recommended by the Planning Commission. Ayes - 4 - Nays ~ 0. RES. 1995-141 FIRE DEPT. DONATION FIREWORKS DISPLAY DANCE PERMIT- JULY 4TH KIDDIE PARADE.. JAYCEES BEER LICENSES ALIMAGNET PARTY PERMIT RANDY' S SANIT ~ ATION LICENSE RES. 1995-142" POUTI ADDITION FINAL PLAT GARAGE VARIANCE CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1995 Page 3 MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-143 approving the final plat and subdivision agreement for Hunters Wood Townhomes 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes ~ 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-144 awarding the contract for Project 95-476, Hunters Wood Townhomes 2nd Addition Utility Improvements, to Burschville Construction, the low bidder, in the amount of $68,761.00. Ayes - 4 - Nays - 0. MOTION~.-~%%f~ Sterling, seconded by Goodwin, adopting Resolution No. 1995-145 amending the Land Use Map of the Comprehensive Plan for Cooperative Addition by changing the designation from "MD" to "P" as approved by the Metropolitan Council. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, passing Ordinance No. 600 rezoning Cooperative Addition from "A" and "SG" to "P" (Institutional) as recommended by the Planning Commission. Ayes - 4 - Nays ~ 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-146 approving the final plat and subdivision agreement for Cooperative Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-147 receiving the preliminary engineering report for Project 95-473, High School No. 4 Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m., on July 13, 1995. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, directing the City Engineer to prepare plans and specifications for Project 473, High School No. 4 Utility and Street Improvements. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-148 receiving the preliminary engineering report for Project 95-488, Cedar Isle Estates 2nd Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m., on July 13, 1995. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, directing the City Engineer to prepare plans and specifications for Project 95- 488, Cedar Isle Estates 2nd Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1995-143 HUNTERS WOOD T.H. 2ND PLAT RES. 1995-144 AWARD CONTRACT PROJ. 95-476 RES. 1995-145 COOP. POWER COMP. PLAN AMENDMENT ORDINANCE 600 COOP. POWER REZONING RES. 1995-146 COOP. POWER FINAL PLAT RES. 1995~147 PROJ. 95-473 SET HEARING PROJ. 95-473 PLANS & SPECS. RES. 1995-148 PROJ. 95-488 SET HEARING PROJ. 95-488 PLANS & SPECS. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1995 Page 4 MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-149 awarding the contract for Hayes Park Arena Roof, rabid portion of Bid Package No. 3, to Dalco Roofing and Sheetmetal, the lowest responsive bidder, in the net amount of $102,103.00. Ayes - 4 - Nays - 0. RES. 1995-149 AWARD CONTRACT ARENA ROOF HIRE SEASONAL EMPLOYEES MEDICAL DIRECTION AGREEMENT DANCE PERMIT~_~ MOTION: of Sterling, seconded by Goodwin, approving hiring the saasonal employees as listed in tbs Personnel Report dated June 22, 1995. Ayes - 4 - Nays - 0. MOTION: .of~ Starling, saconded by Goodwin, approving the Madical - '~irection Agreement with Dr. Jeff Swanson to provide First Responder services in connection with the Automatic External Defibrillator Program and authorizing the Mayor and Olerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, saconded by Goodwin, granting dance permits to the Parks & Recreation Department on June 24 and July 1, 1995, at Apple Valley Community Center, as described in the Parks & Recreation Director's memo dated June 20, 1995. Ayes - 4 ~ Nays - O. END OF CONSENT AGENDA Mayor Branning asked for clarification of the approvals for Apple Valley Ford 2nd Addition given at the May 25th, 1995, meeting. Ms. Bodmer reviewed the preliminary plat and building permit approvals for the expansion. APPLE VALLEY FORD 2ND ADD~ RES. 1995-150 AV FORD 2ND FINAL PLAT TUTOR TIME DAYCARE DAYCARE C.U.P. RESPONSE MOTION: of Erickson, saconded by Sterling, adopting Resolution No. 1995-150 approving the final plat and subdivision agreement for Apple Valley Ford 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. Mayor Branning said he asked to discuss the response to the residents of Pannock Shores related to the Tutor Tims daycare facility becauss they continued to sand letters raising questions. Mr. Gretz said the response to those questions was prepared for receipt by the Council. MOTION: of Erickson, seconded by Goodwin, receiving the response, dated June 19, 1995, prepared by Thomas Lovelace, related to the daycara facility/office building project on Lots 4 and 5, Block 1, Bor-Nel. Mayor Branning read a letter dated June 16, 1995, from Margaret Zahalan, 14407 Glenda Drive, restating opposition to the daycare facility and asking what action the Council would be taking. He asked the City Attorney what his opinion is on the actions already taken. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1995 Page 5 Mr. Sheldon said the building permit and conditional use permit have already been approved and there is no further action needed. All actions that are proper for the City take have been taken. Ms. Zahalan said she received a call June 20th from the person with an option on the property who said there might be another buyer. The tone of the call was a threat that this buyer might build a restaurant. She also said the City Administrator called her explaining the actions taken by the Council. She said the residents are still opposed to a daycare center on the site and would prefer an office building. Doroth~P~ramore, 14405 Gtenda Drive, said she lives across the street from the proposed daycare center. She is 84 years old and doesn't want 100 children in her front yard. Mayor Branning asked if there is anything further the Council should do tonight and what the neighbors can do to get on an agenda? Mr. Sheldon said the motion on the floor is to receive the response. The concerns are over the building permit and conditional use permit and that action is done. Mr. Gretz explained the p~ocedure for placing items on a Council meeting agenda and said such requests should be forwarded to him. Vote was taken on the motion. Ayes - 4 - Nays - 0. Dave Canfield, President of the Firefighters' Relief Association, dis- FIRE RELIEF tributed copies of the 1995 Actuarial and Benefit Study. He reviewed ASSN. REPORT past years' funding and projected funding for the current benefits which will increase to $18.00 per month per year of service effective January 1, 1996. (Councilmember Humphrey attended during this time.) Mr. Ganfield said previous discussions with the Council indicated benefit increases could be considered if other methods of funding than a City tax levy are{ available. The legislature now reinstated payment of two percent of fire ¢ insurance premiums to state aid which should help this source of funds increase in the future. The Council thanked him for keeping them informed on the status of the Association's funding. Mr. Kelley reviewed the Planning commission report on the proposed Shervoss development of Landmark Corner with a hotel, restaurant and banquet facility. John ross, of Shervoss, was present and said they still anticipate on closing with %he EDA for purchase of the property in July with groundbreaking in August. SHERVOSS LAND- MARK CORNER DEVELOPMENT Truman Howell, the architect, reviewed sketches of the proposed Americinn motel. Mr. ross reviewed the proposed restaurant/banquet facility and noted the site will have 178 parking spaces. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1995 Page 6 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-151 authorizing issuance of a building permit for the Landmark Corner hotel/restaurant/banquet facility, on Lot 1, Block 2, Apple Valley Commercial Addition; with conditions as recommended by the Planning Commission. RES. 1995-15i" LANDMARK CORNR BLDG. PERMIT The Council discussed the site plan and landscaping at the corner of County Road 42 and Cedar Avenue. It was suggested the developer try to use materials other than timbers for the berm and retaining wall and try to keep some openness. They agreed to look at whether parking spaces at the entrance from Glazier Avenue should bp installed or modified when the buildings are constructed, Mr. Voss commented that, this will be a $4,600,000 project and would nor be able to proceed without assistance from the EDA. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-152 granting a waiver of platting to relocate the common lot line between the two parcels of Lot 1, Block 2, Apple Valley Commercial Addition; for the Landmark Corner development as recommended by the Planning Commission. Ayes - 5 ~ Nays - 0. RES. 1995-152 PLAT WAIVER A.V. COMMERCI, ADDITION Ms. Bodmer reviewed the Planning Commission report on the proposed ex- RODEO HILLS pansion of Rodeo Hills 3rd Addition resulting from realignment of the 3RD EXPANSION intersection of Palomino Drive and County Road 11. An amendment of Planned Development No. 144 rezoning the property, due to this realignment, will still be required and is being prepared by Staff. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-153 approving the preliminary plat of Rodeo Hills 3rd Expansion, to be incorporated with Rodeo Hills 3rd Addition, and directing preparation of a subdivision agreement, with conditions as recommended by the Planning Commission. RES. 1995-153~ RODEO HILLS 3RD EXPANSION PRELIM. PLAT Mayor Branning asked if the future units backing up to Palomino Drive can be staggered further? Bill Diedrich, the developer, was present and said it will be difficult to do because of topography, but landscaping may be able to be used to change the appearance. Vote was taken on the motion. Ayes - 5 - Nays ~ 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-154 authorizing issuance of building permits for Rodeo Hills 3rd Expansion, to be incorporated with Rodeo Hills 3rd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - O. RES. 1995-154~ RODEO HILLS 3RD EXPANSION BLDG. PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1995 Page 7 Mr. Gretz gave the second reading of an ordinance amending Chapter 6 BUILDING CODE of the City Code by adopting the 1994 Edition of the State Building ORD. 2ND READ. Code. Th~ ordinance also provides for a new building permit fee schedule. MOTION: of Erickson, seconded by Sterling, passing Ordinance No. 601 amending Ghapter 6 of the City Code by adopting the 1994 Uniform Building Code regulating construction, and amending Section 1-23 revising permit fees. Ayes - 5 - Nays - 0. ORDINANCE 601 BUILDING CODE Police Chief Willow gave the first reading of a proposed ordinance amending Chapter 14 of the City Code by establishing juvenile curfew restrictions in conformance with Dakota County's Curfew Ordinance. It also adds specific restrictions for 15, 16 and 17-year olds. The Council accepted the first reading. The second reading will be scheduled for July 13, 1995. JUVENILE CURFEW ORD. Gouncilmember Goodwin commented on the League of Minnesota Cities LMC CONFERENCE annual conference last week and noted Councilmember Sterling was Co- AWARD Chair of the Planning Committee. She won a framed State of Minnesota map with pins from cities around the state. The map will be placed in one of the City's facilities. Cities who are not yet represented on the map will be invited to add their pins. Councilmember Sterling attended the Dakota County Economic Development Partnership meeting today received and a Certificate of Commendation from the Governor on behalf of the City. She presented the Certificate to the City. ECONOMIC DEV. COMMENDATION The Council discussed summaries of recent new legislation being dis- LEGISLATIVE tributed, Mr. Gretz said various organizations to which the City UPDATES belongs will continue to review this information, as it becomes available, and will forward it on to the Council. MOTION: of Humphrey, seconded by Goodwin, rescheduling the informal RESCHEDULE meeting of June-29th to Wednesday, June 28th, 1995, at 8:00 MEETING p.m., at City Hall. Ayes ~ 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated June 15, 1995, in the amount of $3,158,740.37; and June 22, 1995, in the amount of $1,344,251.05. Ayes - 5 - Nays - 0. CLAIMS & BILL[ MOTION: of Sterling, seconded Humphrey, to adjourn. Ayes - 5 ~ Nays - 0. The meeting was adjourned at 10:05 o'clock p.m.