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HomeMy WebLinkAbout06/17/1993CITY OF APPLE VALLEY Dakota County, Minnesota June 17, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 17th, 1993, 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 Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Police Captain Cook, Police Captain Erickson, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley and Associate Planner McMonigal. Mayor Branning called the meeting to order at 8:08 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of May 27th, 1993, as written. Ayes - 5 - Nays - 0. MAY 27, 1993 MINUTES APPROVE AGENDA MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. 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. David Walock, C.R. 46 15981 Heath Court, commented on the impact of County Road 46 recon- LANDSCAPING struction on the neighborhood. He distributed a letter, dated June 17, 1993, which will also be presented to Dakota County, asking for assistance in minimizing exposure of the residences to the road. The Council asked that representatives of the neighborhood work with Staff to determine what plans the County has for the road. Mr. Melena reminded the Council that the first annual Ring-Around- The-Arts Festival will be held June 19, 1993, in Downtown Apple Valley. A Moore by Four concert will be held at the High School on June 18, 1993, and tickets are still available. RING-AROUND THE-ARTS FESTIVAL CONSENT AGENDA ALIMAGNET PARTY PERMIT GODFATHER'S OFFICER CHANGE MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving issuance of a party permit to Paul Harris, for Hannay's, for a picnic at Alimagnet Park pursuant to Section 14.5-3(g)(1) of the City Code, valid on June 26, 1993, only. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, receiving notice of the change of corporate officers of Godfather's Pizza, Inc., as required in connection with its on-sale beer license. Ayes - 5 - Nays ~ 0. CITY OF APPLE VALLEY Dakota County, Minnssota June 17, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-117 approving the 1993 Landfill Abatement Grant Application to Dakota County for the purchase of 3,000 recycling bins from Rehrtg Pacific, based on its low quotation, in the total amount of $12,300.00. Ayes - 5 Nays - 0. of Humphrey, seconded by Goodwin, approving return of $9,759.72 of unused 1992 landfill abatement funding to Dakota County as required by the terms of the Joint Powers Agreement. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwiu, granting a setback variance to allow construction of a new house to within three feet of the east side lot line on Lot 25, Block 1, Grandview Manor (12209 Grandview Terrace), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-118 approving the final plat of Roles Woods 1st Addition (unplatted property at the southwest corner of County Road 38 and Pennock Avenue), as a minor subdivision, and waiving the requirement for a subdivision agreement. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-119 approving the final plat of Schuller Addition (replat of Lot 1, Block 4, Cobblestone I), subject to fire separation and separate utility services for the units, and waiving the requirement for a subdivision agreement. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving the Parking, Street Access and Sidewalk Easement with Dakota County, for the new Police Facility site, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Kremer & Davis, in the amount of an additional $270.00; and Change Order No. 2 to the contract with Associated Mechanical Contractors, in the amount of a $2,400.00 deduct; for the Police Facility. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-120 awarding the contract for a Diesel Generator with Steel Enclosure, for the Police Facility, to Flaherty Equipment Corporation, the low bidder, in the amount of $95,715.00, with flys-year maintenance cost of $5,325.00 and guaranteed repurchase options. Ayes - 5 - Nays - 0. RES. 1993-117 RECYCLING BIN GRANT FUNDS RETURN UNUSED RECYCLING FUND SETBACK VARIANCE 12209 GRANDVI~ RES. 1993-118 ROLES WOODS FINAL RES. 1993~119 SCHULLER ADDN~ FINAL PLAT POLICE/COUNTY CROSS PARKING EASEMENT POLICE STN. ' ' CHANGE ORDERs_ RES. 1993-120 AWARD PURCHAC~ POLICE STN. GENERATOR CITY OF APPLE VALLEY Dakota County, Minnesota June 17, 1993 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-121 approving specifications for a Police Dispatch Center Audio Recording System and authorizing advertising for bids to be received at 1:00 p.m. on June 29, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-122 awarding the purchase of a Standby Diesel.Generator for the Water Treatment Plant and Deep Well No. 6 to Ziegler Power Systems, the low bidder, in the amount of $302,580.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, authorizing negotiation of a contract with Short-Elliot-Hendrickson for a Downtown traffic study, and authorizing Bonestroo, Rosene, Anderlik & Associates to prepare designs for the Cedar Avenue/County Road 42 intersection, as described in the City Planner's memo dated June 17, 1993. Ayes - 5 ~ Nays ~ 0. of Humphrey, seconded by Goodwtn, authorizing proceeding with drainage improvements on County Road 42 at Johnny Cake Ridge Road, as requested by the Dakota County Highway Department in its letter dated June 8, 1993, with the County's share not to exceed $14,999. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 3 to the contract with Erickson Construction for Project 91- 373, Fischer 1st Addition, in the amount of an additional $28,733.10 for drainage improvements on County Road 42 at Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report on Project 93-415, Greenleaf Elementary School Storm Sewer Improvements. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-123 approving plans and specifications for Project 93- 421, Turn Lanes on County Road 42 at Garrett Avenue and on Cedar Avenue at 143rd Street, and authorizing advertising for bids to be received at 2:00 p.m. on July 15, 1993. Ayes ~ 5 - Nays - 0. of Humphrey, seconded by Goodwin, receiving the annual 1992 Cable Television Franchise Report of the Cable TV Committee. Ayes - 5 - Nays ~ 0. RES. 1993-121 TAKE BIDS POLICE RECORD- ING SYSTEM RES. 1993-122 .AWARD W.T.P. GENERATOR TRAFFIC STUDY AUTHORIZATIONS C.R. 42 & JOHNNY CAKE DRAINAGE IMP. CHANGE ORDER 3 PROJ. 91-373 PREPARE REPORT ~ROJ. 93-415 RES. 1993-123 TAKE BIDS PROJ. 93-421 CABLE TV 1992 REPORT CITY OF APPLE VALLEY Dakota County, Minnesota June 17, 19P3 Page 4 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-124 requesting the Dakota County Board of Commissioners to continue in its efforts to provide secure juvenile detention for the County. Ayes - 5 - Nays - 0. RES. 1993-1~4~ JUVENILE D~TENTION MOTION: of Humphrey, seconded bi Goodwin, approving hiring the part- HIRE SEASONAL time and seasonal employees as listed in the Personnel EMPLOYEES Report dated June 17, 1993. Ayes.- 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:20 p.m. to ~UBLIC HEARING consider Project 93-414, Rodeo Hills 2nd Addition Utility Improve- PROJ. 93-414 ments, and noted receipt of the affidavit of publication of the RODEO HILLS 2 hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated May 20, 1993, detailing the proposed improvements. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:24 p.m. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1993-125 ordering installation of Project Number 93-414, Rodeo Hills 2nd Addition Utility Improvements. Ayes - 5 - Nays - 0. RES. 1993-125 ORDER PROJECT 93-414 RES. 1993-126 TAKE BIDS PROJi 93-414 ~ RES. 1993~127 SCHWANZ PROP~f COMP. PLAN AMENDMENT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-126 approving plans and specifications for Project 93- 414, Rodeo Hills 2nd Addition Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on July 15, 1993. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1993-127 amending the Land Use Guide Plan Map of the Comprehensive Plan for uses on the Schwanz Property, northeast of 140th Street and Pilot Knob Road, from "MD/LO" to "SF" and authorizing submittal to the Metropolitan Council as recommended by the Planning Commission. Ms. McMonigal reviewed the Planning Commission report on the proposed Lundgren Brothers development for 128 lots. The recommendations include reduced setbacks on 26 lots, to preserve trees, with eight lots narrower than the minimum width. The developer has asked for assistance in acquiring part of the right-of-way for access to Pilot Knob Road. Councilmember Erickson said he is concerned about the eight lots proposed at less than minimum width. Ms. McMonigal said the developer has been working on the final plat and now believes it will have only three lots with reduced widths. Brian Olson, representing Lundgren Brothers, was present and described the company and proposed development. Landscaped medians are proposed on the two CITY OF APPLE VA~J-F3 Dakota County, Minnesota June 17, 1993 Page 5 streets connecting to Pilot Knob Road and 140th Street. The development requires access to Pilot Knot Road and they would like some assurance it will happen. If they are unable to purchase the right-of-way, they would like a guarantee that the City will acquire it. John Uban, representing the developer, showed slides demonstrating the landscaped medians and islands in the cul de sacs being proposed. Ne explained the importance of landscaping in the cul de sacs to them. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 557 rezoning the Schwanz property, located north of 140th Street and east of Pilot Knob Road, from "A" (agriculture) to "R- GL" (residential cluster for single family) as recommended by the Planning Commission. ORDINANCE 557 REZONE SCHWAN2 LUNDGREN DEV. The Council asked for clarification of R-GL zoning. Mr. Kelley said it is limited to detached single family residential uses, but allows reduced setbacks and deviation in lot sizes and widths. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-128 approving the preliminary plat of the Schwanz property by Lundgren Bros. Construction and directing preparation of a subdivision agreement, for 128 lots, without islands in the cul de sacs and other conditions listed in the draft resolution and recommended by the Planning Commission. RES. 1993-128 SCHWANZ/ LUNDGREN BROS. PRELIM. PLAT Michael Tighe, 13652 Pilot Knob Road, was present and said the developer has been talking with him about acquiring the needed right-of-way for access and they have not reached an agreement. He is concerned about a street near his house and vehicle lights at night. Councilmember Humphrey asked where is house is located and whether his property could use the access? Mr. Tighe said his house is about 100 feet from the proposed access and his driveway to Pilot Knob is 200 feet to the north. His drainfield would have to be relocated before he could use a street on the south. Councilmember Erickson expressed concern about lots less than minimum width. Mr. Olson said the overall density is 1.6 units per acre and they proposed the lots to maintain that density. No lots in the first phase would be under the minimum. They would agree to limit those lots to homes with floor plans that could be expanded without a problem. Councilmember Sterling asked if sidewalk connections have been considered? McMonigal said they were not discussed because current City policy does not require them on residential streets. Mr. Olson said an earlier plat showed sidewalk on one side of two streets to which they would agree. Ms, CITY OF APPLE VALT.~Y Dakota County, Minnesota June 17, 1993 Page 6 MOTION: of Humphrey, seconded by Goodwin, amending the foregoing motion by requiring sidewalks on one side the streets connecting from Elkwood Drive to 140th Street and from Pilot Knob to 140th Street. Ayes - 4 - Nays - 1 (Goodwin). AMEND MOTION ADD SIDEWA~i.~. MOTION: of Branning, seconded by Erickson, amending the foregoing motion by maintaining consistency with City policy and prohibiting landscaped islands in cul de sacs. Ayes - 5 - Nays - 0. AMEND MOTION NO CUL DE SAC ISLANDS MOTION: of Branning, seconded by Goodwin, amending the foregoing motion by requiring the private park area to be platted so it could become residential lots if the Association no longer wants the park. AMEND MOTION ~ARK PLATTIN6~ Mr. Johnson said when the Parks and Recreation Committee reviewed the proposed subdivision, this was its recommendation. Vote was taken on the amendment. Ayes ~ 5 - Nays - O. Mayor Branning asked how access to Pilot Knob Road should be addressed? Mr. Sheldon said it can be a condition of final plat approval that the right-of-way be acquired. If the developer is unable to do so, the City could be asked to institute condemnation proceedings. Vote was taken on the original motion as amended. Ayes - 5 - Nays - 0. MOTION: MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. RES. 1993-129 1993-129 receiving the preliminary engineering report on SET HEARING Project 93-408, Lundgren Bros./Sehwanz Property Utility and PROJ, 93-408 .. Street Improvements, and setting a public hearing on it at 8:00 p.m. on July 8, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Erickson, adopting Resolution No. 1993-130 directing the City Engineer to prepare plans and specifications for Project 93-408. Ayes - 5 - Nays - 0. RES. 1993-13~=~ PLANS & sp~c~. MOTION: of Humphrey, seconded by Branning, tabling consideration of amending the Comprehensive Plan Land Use Guide Plan Map by changing the designation of Lot 1, Block 1, Valley Commercial Park 2nd Addition, from retail business to general business, until July 8, 1993. Ayes - 4 - Nays - 0 (Erickson Abstained). TABLE SEELAND COMP. PLAN AMENDMENT . Mr. Melena advised the Council that special legislation was passed to allow the City to issue on-sale liquor licenses on the Zoo property and on the County Western Service Center property. Before it will become effective, the Council also must approve the legislation. ZOO/COUNTY LIQUOR CITY OF APPLE VALLEY Dakota County, Minnesota June 17, 1993 Page 7 Councilmember Sterling expressed concern about where on the Zoo property liquor might be sold. Mr. Melena suggested the Council may want a working committee to look at how this will Be implemented u~der the City Code and the license fees involved. Licenses would have to be applied for by both entities and hearings held by the Council before issuance. MOTION: of H~mphrey, seconded by Goodwin, adopting Resolution No. 1993-131 approving Minnesota Laws 1993, Gha~ter 350, Section 21, providing authority for on-sale liquor licensing and dispensing on the Zoo premises and Western Service Center premises by the City, and directing the City Clerk to file the necessary certificate with the Secretary of State to effectuate this authority. Ayes - 4 - Nays - 1 (Sterling). RES. 1993-131 SPECIAL LAW ZOO/COUNTY ON- SALE LIQUOR LIQUOR ORD. REVI~ TREE PLANTING GUIDELINES ~ PLAN MOTION: of Humphrey, seconded by Goodwin, directing Staff to review City liquor licensing ordinances concerning implementation of Zoo/County on-sale liquor licensing and report by July 22, 1993. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, receiving the suggested Urban Forestry Management Plan and Tree Planting Guidelines as contained in the Public Works Director's memo dated June 7, 1993. Ayes - 5 - Nays - 0. Mr. Melena said requests for proposals for an analysis of the City's COMPUTER STUDY computerization needs were sent to five companies. Only one was pROPOSALS received, from Unisys Corporation, as summarized in the Finance Director's memo dated June 17, 1993. Couneilmember Erickson said he would be willing to assist with the study if desired. MOTION: of Goodwin, seconded by Humphrey, authorizing contracting UNISYS INFO. with Unisys Corporation for au Information Technology Plan, TECH. PLAN at a cost not to exceed $6,500.00, as submitted in its proposal dated June 4, 1993. Ayes - 5 - Nays - 0. The Council received a memo from the Police Chief, dated June 17, 1993, advising of recent calls about concerts at the Zoo and listing the schedule of upcoming concerts. ZOO CONCERT ~CHEDULE MOTION: of Sterling, seconded by Erickson, thanking Coldwell Banker FLAG DAY Real Estate Company for distributing American flags THANK YOU throughout the City on Flag Day, June 14, 1993. Ayes ~ 5 - Nays - 0. Mayor Branning reported on his meeting with the Chair of the Metro- politan Council, Dottle Rietow, on June 16, 1993, and said they had a very informative discussion. MET COUNCIL MEETING CITY OF APPLE VALLEY Dakota County, Minnesota June 17, 1993 Page 8 MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, check registers dated June 2, 1993, in the amount of $2,342,901.27; June 9, 1993, in the amount of $2,809,226.28; and June 16, 1993, in the amount of $1,693,031.43. Ayes - 5 o Nays - O. CLAIMS ~ BILS.[ MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:30 o'clock p.m.