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HomeMy WebLinkAbout07/22/1993CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 22nd, 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, Personnel Director Boland, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley and Police Chief Rivers. 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 Sterling, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA 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 speak. MOTION: of Humphrey, seconded by Goodwtn, moving consideration of Fischer excavation permit, Capital Improvements Program and request to name County Road 38 to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of July 8th, 1993, as written. Ayes - 5 - Nays - 0. JULY 8, 1993 MINUTES RES. 1993-152 FIRE DEPT. DONATION MIDWEST SPORTS BEER LICENSE ZOO TEMPORARY ON-SALE LIQ. LICENSES MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-152 accepting, with thanks, the donation of a 1986 Chevrolet from Anthony Hanson to the Fire Department for training purposes. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of a temporary on-sale 3.2 beer license to Midwest Sport Events, Inc., on August 14 and 15, 1993, at Eastview Athletic Complex. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of temporary on-sale liquor licenses to the Minnesota Zoological Garden, for use during after-hours functions, on August 7, 12, 14 and 21, 1993; and September 11 (two), 18 and 25, 1993; by the Minnesota Department of Public Safety, Liquor Control Division. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-153 approving division of special assessments on property as follows: No. 19701 - Greenleaf Park Estates 2nd Addition & 01-02200-015-75; No. 19702 - Apple Valley Ford Addition & 01-03400-030-26; No. 19703 - 01-02100~019-05 & 01-02100-020-05; No. 19813 - Highpoint & 01-02100-012~02; No. 19821 - Carroll Center Addition & 01-03400-019-50; and No. 19864 - Southport Centre 2nd Addition. Ayes - 5 o Nays ~ O. of Humphrey, seconded by Goodwin, approving various change orders to the contracts for Police Facility construction in the total amount of an additional $10,378.00, as described in the Personnel Director's memo dated July 22, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-154 awarding the purchase of three One-Ton Cab and Chassis Trucks, for Parks Maintenance, to Thane Hawkins Polar Chevrolet, the low bidder, in the total amount of $66,925.88. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-155 approving the final plat and subdivision agreement for Gardenvtew Elace Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-156 approving the final plat and subdivision agreement for Rodeo Hills 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-157 approving issuance of a subdivision grading permit for Rodeo Hills 2nd Addition as recommended by the City Engineer. Ayes - 5 - Nays ~ 0. of Humphrey, seconded by Goodwtn, adopting Resolution No. 1993-158 awarding the contract for Project 93-414, Rodeo Hills 2nd Addition Utility Improvements, to Volk Sewer & Water, the low bidder, in the amount of $62,570.51. Ayes o 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-159 awarding the contract for Project 93-421, Turn Lanes on County Road 42 at Carrett and on Cedar Avenue at 143rd Street, to Bituminous Consulting & Contracting, the low bidder, in the amount of $62,349.78, subject to approval by the Municipal State Aid Office. Ayes - 5 - Nays - 0. RES. 1993-153~ ASSESSMENT DIVISIONS POLICE STN. CHANGE ORDERS. RES. 1993-154 AWARD PARKS TRUCKS RES. 1993-155 G.V. PLACE 2ND FINAL PLAT ~ RES. 1993-15~- RODEO HILL 2ND FINAL PLAT RES. 1993-157'~ RODEO HILL 2ND GRADING PERMt% RES. 199~-158-- AWARD CONTRACT PROJ, 93-414 RES. 1993-159 AWARD CONTRACT PROJ CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1993 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-378, Apple Valley Retail 2nd Addition Utilities and Streetscape, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $3,136.16. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, accepting Project 92-391, Deep Well No. 15, as final and authorizing final payment on the contract with Keys Well Drilling in the amount of $2,802.92. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving release of two subdivision financial guarantees for Pilot Knob Estates 9th Addition, private streets and landscaping. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-160 receiving the preliminary engineering report on Project 93-415, Greenleaf Elementary School Storm Sewer Improvements, and setting a public hearing on it at 8:00 p.m. on August 19, 1993. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-161 directing the City Engineer to prepare plans and specifications for Project 93-415, Greenleaf Elementary School Storm Sewer Improvements. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, granting a variance to allow alternate exterior building material on the west wall of the Firestone Tire Store on Lot 2, Block 1, Apple Valley Square 2nd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays ~ 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-162 requesting Dakota County to establish a no passing zone on County Road 46 (160th Street) between Cedar Avenue and Pilot Knob Road. Ayes - 5 - Nays - 0. of Humphrey, seconded ~y Goodwiu, adopting Resolution No. 1993-163 approving the Black Dog Watershed Management Organization 1994 budget, in the total amount of $46,000 with $4,122.00 as Apple Valley's share of the funding. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, approving the Parking Easement with Reorganized Church of Jesus Christ of Latter Day Saints (Outlot A, LaPaz 2nd Addition) for Moeller Park (Outlot B, Greenleaf 7thAddition) overflow parking and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 92-378 FINAL PAYMENT PROJ. 92-391 PILOT KNOB 9TH BOND RELEASE RES. 1993-160 SET HEARING PROJ. 93-415. RES. 1993-161 PLANS & SPECS. PROJ. 93-415 BLDG. WALL VARIANCE FIRESTONE RES. 1993-162 NO PASS ZONE Q,R. 46 RES. 1993-163 BLACK DOG WMO 1994 BUDGET MOELLER PARK/ RGJCLD CHURCH PARKING EASMT. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1993 Page 4 MOTION: MOTION: of Humphrey, seconded by Goodwin, approving the 1994 Police Training Agreement with Dakota County Technical College, in the amount of $298.00 per officer, and authorizing the Mayer and Clerk to sign the same. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, approving the 1993-1994 contract for services with Midwest Employee Assistance ..Program, Inc., in the amount of $13.70 per employee, or a total of $2,315.30. Ayes ~ 5 - Nays - 0. 1994 POLICE TRAINING AGREEMENT 1993-1994 EMPLOYEE ASST. PROGRAM .... MOTION: of Humphrey, seconded by Goodwin, approving payment of the employer's portion of PERA for Susan Pihale in buying back service from April 8 to June 6, 1978, as described in the Personnel Director's memo dated July 20, 1993. Ayes - 5 - Nays - 0. PIHALE PERA BUY-BACK MOTION: of Humphrey, seconded by Goodwin, approving the Certificate of Completion of minimum improvements, of 13,530 square feet, on Lot 3, Block 1, Southport Centre, as required by the Contract for Private Development with Ryan Construction, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. SOUTHPORT CERT. OF COMPLETION END OF CONSENT AGENDA Councilmember Erickson asked to discuss the 1993 excavation permit for FISOHER S & G Fischer Sand & Aggregate. He asked if mihing will cease on property EXCAVATING north of County Road 42 with issuance of this permit for the new site PERMIT .. . south of County Road 42? He also asked if there is a limit on the number of acres that can be mined City-wide? Mr. Cretz said the excavation permit does not require closing the site north of County Road 42. Mr. Melena said the Comprehensive Plan addresses gravel mining acreage in the City, but that is not pa~t of this approval. Mr. Sheldon said approval of this annual permit is the administrative part of the conditional use permit action the Council took in May. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-164 approving the 1993 excavation permit for Fischer Sand and Aggregate, on the site south of County Road 42, with conditions as described in the City Attorney's letter dated July 15, 1993. Ayes - 5 - Nays - 0. RES. 1993-164 1993 FISCHER EXCAVATING ~ERMIT Councilmember Erickson asked to discuss the 1994-2000 Capital Improve- 1994-2000 ments Program and asked if County Road 46 is being deleted for 1994 ~,I,P, . only of from the entire program? Mr. Melena said it is being removed from the program because Lakeville does not show it in its plans. If both cities do not want to proceed, the County should not be encouraged to schedule the reconstruction for 1994. It can be put back in the plan next year if it is ready to proceed. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1993 Page 5 Mr. Gretz said the County will not construct the road unless both cities participate. Councilmember Erickson said he does not want to eliminate it entirely from the program or have it forgotten about. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-165 amending the Comprehensive Plan by approving the 1994-2000 Capital Improvements Program for the City, as recommended by the Planning Commission, and amended, as described in the Associate Planner's memo dated July 22, 1994. Ayes - 4 - Nays - 1 (Erickson). P. ES. 1993-165 1994-2000 C.I.P, Councilmember Erickson asked to discuss the request to change the name McANDREWS/ of McAndrews Road to County Road 38 in Apple Valley and why it is COUNTY RO~J) 38 being reconsidered. Mayor Branning said the name has no historical significance in Apple Valley, it does fall within the street naming system and it causes confusion when giving directions. Councilmember Goodwin said whatever decision is made on the name, it should be identified by one name for public safety purposes. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-166 requesting the Dakota County Board to change the name of McAndrews Road within the City of Apple Valley to County Road 38. Ayes - 4 - Nays - 1 (Erickson). RES. 1993-166 REQUEST COUNTY ROAD 38 NAME MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1993-167 providing for public sale of $3,340,000 General Obligation Improvement Bonds of 1993 on August 30, 1993, at 11:30 a.m. Ayes - 5 - Nays - 0. RES. 1993-167 $3,340,000 IMP ~OND SALE SET SPECIAL MEETING WHITNEY PLAZA SITE DESIGN MOTION: of Humphrey, seconded by Erickson, setting a special meeting on August 30, 1993, at 11:30 a.m., at City Hall, for the purpose of issuing bonds. Ayes - 5 - Nays - 0. Mr. Hickok reviewed his memo dated July 16, 1993, concerning Whitney Plaza site design. The developer is proposing changes to the screen- ing wall and dumpster enclosures and is here to discuss them. MOTIOn': of Erickson, seconded by Goodwin, requiring construction of the screening wall and dampster enclosures and painting of mechanical unit screening for Whitney Plaza (Delegard 2nd Addition) as previously approved by the Council. WHITNEY PLAZA SITE DESIGN ~ONFIRMATION Councilmember Sterling said she viewed the site and understands the problem of having to remove the wall that was constructed. She suggested it might be altered to be acceptable. Couneilmember Erickson said there was extensive discussion on this site plan approval; particularly the screening wall, and there should not have been any misunderstanding on its construction. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1993 Page 6 Dick Stranik, of Midas Muffler; John Anderson, of Jiffy Lube; and Gene Pedersen, representing Sherwin Williams; were present. Mr. Stranik said the plan for the wall he saw before leaving last fall showed 26 feet of wall alternating with 26 feet of wrought iron. The contractor said he was told by the City to build a solid wall instead. Mr. Melena said the wall design was brought back to the Council and on September 24, 1992, was modified to be a solid wall with bollards and breaks in it. MOTION: of Sterling, seconded by Branntng, amending the motion by allowing construction of the screening wall with additional scoring at expansion Joints, to delineate them and give a bollard appearance, and adding an overhanging cap to the entire wall. AMEND WHITNEY PLAZA FENCE ~QNSTRUCTION Councilmember Goodwin asked if some type of brick veneer could be attached to the bollard area? Mr. Strantk said he was advised by the contractor that it could not be attached. Vote was taken on the amendment. Ayes - 3 - Nays - 1 (Erickson) - (Humphrey Abstained). Mr. Stranik said material for dumpster enclosures was not addressed when the plans were approved. They will be reconstructed of masonry material with wooden doors. Mayor Branning said a three-sided enclosure would provide adequate screening and doors tend to become a maintenance problem and are not needed. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0 (Humphrey Abstained). Mr. Melena said the Council may want to consider extending the wall or using landscaping to screen the residential area to the north. Mr. Gretz said this was discussed but there may be an ownership problem because part of that area was vacated. He suggested working with the towrhhouse association to address. Mayor Branning commented on the appearance of the site and growth of weeds. He said unless development plans for the remainder of the site come in within 30 days, the City will clean up the area and assess the cost to the property. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-168 approving a Conditional Use Permit for Conoco, Inc., to allow a car wash on L~t 1, Block 1, Bor Nel, with conditions as recommended by the Planning Commission. RES. 1993-168 CONOCO CAR WASH Mayor Branning said it should be understood that this approval requires improvements along the back of the building such that its appearance will be similar to the front. Mike DiFranco, Conoco District Manager, was present and said he understood. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VAT2.F~ Dakota County, Minnesota July 22, 1993 Page 7 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1993-169 authorizing issuance of a building permit to Conoco, Inc., for a car wash addition on Lot 1, Block 1, Bor Nel, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1993-169 CONOCO CAK WASH BUILDING PERMIT Mr. Sheldon reviewed, for the second reading, an ordinance amending City Code Section 11-4 providing for placement of garbage containers for collection of contents. It was revised to list the conditions for placement more clearly as directed by the Council. GARBAGE CAN PLACEMENT ORDINANCE SECOND READING MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 558 amending City Code Section 11-4 clarifying the applicability of "garage~side" placement of garbage containers for collection related to residential and multiple dwellings. Ayes - 5 - Nays - 0. ORDINANCE 558 GARBAGE CAN PLACEMENT Ms. Boland reviewed, for the first reading, an ordinance amending City Code Section 16-3(b), employment practices and procedures. The amendment is proposed in compliance with the Human Rights Act and prohibits discrimination based on sexual orientation. The Council accepted the first reading. EMPLOYMENT PROCEDURES ORDINANCE FIRST READING Councilmember Sterling said she attended the July 21, 1993, Planning Commission meeting at which Dakota glectric's substation and powerltne proposal was discussed. It was suggested the City retain an indepen- dent consultant to review the data and information. She concurs with using such a consultant. UTILITY SUB- STATION & CORRIDOR Mr. Melena said the Public Works Director and Engineer have been researching what consultants might be available and could make a recommendation at the next meeting. Mayor Branning said he is concerned about waiting that long, almost 30 days, for someone to begin. Councilmember Goodwin said he would like to proceed now and make sure the Planning Commission has all the information it needs before making its recommendation on the proposal also. MOTION: of Humphrey seconded by Sterling, authorizing an initial expenditure of up to $10,000 for the Mayor and City Adminis- trator to contract with an independent consultant to review Dakota Electric/Cooperative Power's utility substation and corridor proposal and provide information for Planning Commission and Council considerations. Ayes - 5 - Nays - 0. POWER LINE PROPOSAL ~ONSULTANT DAKOTA CIVIC THEATER Gouncilmember Ertckson said July 29, 1993, is "Apple Valley Night" at the Dakota Civic Theater, Reduced admission is available to any ene from Apple Valley interested in attending the performance. CITY OF APPLE VA?.L~Y Dakota County, Minnesota July 22, 1993 Page 8 Mayor Branning said he has been appointed to the Metropolitan Council Chair's Advisory Committee. It held its first meeting July 21, 1993, and will hold several more meetings to discuss and provide input on various issues. MET COUNCIL ~OMMITTEE MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check registers dated July 14, 1993, in the amount of $793,187.58; and July 22, 1993, in the amount of $6,090,518.64. Ayes - 5 - Nays - 0. CLAIMS & BIL~: MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - $ - Nays - 0. The meeting was adjourned at 9:28 o'clock p.m.