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HomeMy WebLinkAbout11/09/1993CITY OF APPLE VAT~.EY Dakota County, Minnesota November 9, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning, Gouncilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Intern Cerbule, Police Captain Cook, Community Development Director Gretz, Parks and Recreation Director Johnson, City Planner Kelley, Public Works Director Miranowski and Police Chief Rivers. Mayor Brarming 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 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. Sandy Masin, MVTA PLAQUE Eagan's representative on the MVTA, was present to thank Gouncilmember TO HUMPHREY Humphrey for his service on the Board. He resigned to accept an appointment to the Regional Transit Board. She noted that the MVTA passed a resolution stating that ex members of the MVTA will be ex officio members of the Board and presented a plaque to Mr. Humphrey. MOTION: of Humphrey, seconded by Sterling, moving the excavation permit for the park and ride lot to the regular agenda and approving all remaining items on the consent agenda. Ayes 5 - Nays - 0. CONSENT AGENDA OCT. 28, 1993 MINUTES RES. 1993-253 TREE DONATIONS CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of October 28th, 1993, as written. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-253 accepting, with thanks, donations of trees to be planted in parks from: Muriel Gilbertson, Lisa Wa~sh, Ron Jerg, Leonard Allen, Robert Otteson, Walter Babitzke and Doug Miller. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-254 setting a public hearing, at 8:00 p.m., on December 9, 1993, to consider 1994 renewal applications for on-sale liquor, beer and wine licenses. Ayes - 5 - Nays - 0. RES. 1993-254 1994 ON-SALE LIC. HEARING CITY OF APPLE VALLEY Dakota County, Minnesota Novembor 9, 1993 Page 2 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-255 approving specifications for 1994-95 Vehicle Towing and Impounding Services and authorizing advertising for bids to be received at 2:00 p.m. on November 30, 1993. Ayes - 5 - Nays - 0.. RES. 1993-255 TAKE BIDS TOWING SERV, MOTION: of Humphrey, seconded by Sterling, granting a setback variance to allow construction of a porch addition to within 22 feet of the front lot line on Lot 25, Block 2, Apple Valley 2nd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. VARIANCE APPLE VALLEY 2ND ADDN. MOTION: of Humphrey, seconded by Sterling, approving release of tho $21,895.00 escrow to guarantee landscaping installation for the Burner Realty building. Ayes - 5 - Nays - 0. BURNET ESCROW RELEASE CHANGE ORDER 3 PROJ, 93-41~ POLICE CONS'~ CHANGE MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 3 to the contract with CECA Utilities for Project 93- 415, Miscellaneous Storm Sewer Improvements, in the amount of a $24,343.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving various change orders to the contracts for Police Facility construction, in the total amount of an additional $12,005.85, as described in the Personnel Director's memo dated November 9, 1993. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling approving a working OWOBOPTE iND. agreement with Owobopte Industries, Inc., for seasonal AGREEMENT workers from October 11, 1993, to March 31, 1994, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling approving hiring the HIRE SEASONAL seasonal employeesas listed in the Personnel Report dated EMPLOYEES November 9, 1993. Ayes - 5 - Nays - O. END OF CONSENT AGENDA Councilmomber Ooodwin said he asked to discuss the excavation permit PARK & RIDE for the MVTA park and ride lot-, south of Ghrfstus Victor Church. LOT EXCAVATION There is a stand of oak trees on the site and he asked if they will remain? Councilmember Humphrey said plans show the trees will remain and will be used to screen part of the lot. Councflmember Goodwin also said there has been some damage to sod laid along the new pathway by cars parking on it. He asked the Public Works Director to check into repairs. The current parking lot is heavily used and the Council expressed appreciation for this expanded area. CITY OFAPPLE VATf. RY Dakota County, Minnesota November 9, 1993 Page 3 MOTION: of Humphrey, seconded by Goodwin, approving an excavation permit for Phase I grading of the two-acre MVTA park and ride lot, south of Chrtstus Victor Church, at Palomino Drive and Permock Avenue. Ayes - 5 - Nays - 0. PARK & RIDE EXCAVATION PERMIT Mr. Kelley reviewed the Planning Commission report on Lampert Yards' application for a conditional use permit for an outdoor storage yard east of its current site, between 145th and 146th Streets. LAMPERT ' S OUTDOOR YARD C.U.P. Councilmember Erickson said this area is now out of view, but as the surrounding area develops, would the City want a barbed wire topped, chain link, fence to be visible? Councilmember Humphrey said he would prefer a solid type of fence along 145th Street; either metal, similar to Menard's, or wood. Mayor Brarming sa~d he would not object to a chain link fence with berming and landscaping for screening. He asked how the boulevard area will be maintained? Mr. Cretz said the assessment agreement calls for hydrants and landscaping to be installed, but it will be up to the property owner to maintain. Dave Swanson, Lampert's manager, was present and described the need for a fence with barbed wire to prevent break-ins and to satisfy insurance requirements. He said he was advised that a metal building, like Menard's, would not be permitted and block would be too expensive. Councilmember Sterling asked what type of fence is around the current lot? Mr. Swanson said they now have a seven-foot high chain link fence with barbed wire. They intend to maintain the new boulevard areas just as the current boulevard along Galaxie Avenue is maintained. Gouncilmember Humphrey asked if a solid ten-foot high fence would meet insurance requirements? Mr. Swanson said it probably would, but would be very expensive. Mayor Branning said he believes a sprinkler system should be installed in the boulevard. Mr. Swanson said he is not authorized by the corporation to agree to sprinklers and would have to bring such a request back. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1993-256 approving the preliminary plat of Apple Valley Industrial Park 4th Addition and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 1. RES. 1993-256 A.V. IND. P;~RK 4THADDITION PRELIM. PLAT LAMPERT'S OUTDOOR STORAGE C.U.P. MOTION: of Erickson, seconded by Humphrey, adopting a resolution approving a conditional use permit for Lampert Yards outdoor sales and storage on Lot 2, Block i, Apple Valley Industrial Park 3rd Addition, and Lot 1, Block 1, Apple Valley Indus- trial Park 4th Addition, with conditions as recommended by the Planning Commission; subject to renegotiation of the type of fence along 145th Street at such time as residential development occurs on the north side of the street. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1993 Page 4 MOTION: of Humphrey, seconded by Goodwin, amending the foregoing motion by requiring an opaque, non see-through, six-foot high, fence along 145th Street and for 50 feet along the east and west lot lines. AMEND C.U.P. TYPE OF FENCE Mr. Swanson said the conditional use permit allows lumber to be stacked 20 feet high on the lot. What is the point of an opaque fence if lumber is stacked that high? Ne objects to such a requirement. Vote was taken on the amendment. Ayes - 3 (Goodwln, Humphrey and Sterling) - Nays - 2 (Branuing and Erickson). Mayor Brauntug noted, for clarification, the amended motion allows a six-foot high opaque fence with barbed wire on top subject to the barbed wire being removed when housing occurs across 145th Street. Mr. Gretz said he would like to meet with representatives of Lampert's and discuss the changes and any modifications needed to the Special Assessment Agreement before action is taken. MOTION: of Erickson, seconded by Goodwin, tabling consideration of TABLE LAMPERTS Lampert Yards' conditional use permit until November 23, C.U.P. 1993. Ayes - 5 - Nays - 0. Councilmember Goodwin said he has no problem leaving barbed wire on top of an opaque fence if landscaping is used to screen it. It was noted that installation of a sprinkler system in the boulevard had not been addressed. Mr. Gretz reviewed his memo dated November 5, 1993, concerning con- 147TH STREET structton of a new street along the 147th Street alignment between CONSTRUCTION Pilot Knob Road and future Ferrts Avenue. The request to prepare a preliminary feasibility report does not mean the road is ready to be constructed, but the report is needed to determine costs. MOTION: of Goodwin, seconded by Humphrey, directing the City Engineer to prepare a preliminary report on construction of a new street along the 147th Street alignment between Pilot Knob Road and future Ferris Avenue. Ayes - 5 - Nays - 0. PRELIM. REPORT 147TH STREET Mr. Gordon reported that construction of Garrett Avenue, between 153rd and 155th Streets, is proceeding. Curb and gutter were installed to- day and the contractor expects to be able to pave the street on November 15th or 16th. GARRETT AVE. CONSTRUCTION The Council reviewed revised concept sketches for the County Road 42 CR 42 & CEDAR and Cedar Avenue intersection. Mr. Melena said the medians with INTERSECTION plantings and colored concrete will cost approximately $350,000. Gouncilmember Sterling asked if the narrower median will allow for more lames or wider lanes? Mr. Gordon said the five-foot wide median will lengthen the existing turn lanes. Eventually two left turn lanes will be needed, but when has not been determined. CITY OF APPLE VATJ.~Y Dakota County, Minnesota November 9, 1993 Page 5 Councilmember Humphrey asked if the cost will be split 55/45 with Dakota County? Mr. Gordon said the County will not pay for decorative features, but will pay for 100 percent of the curb work. Mr. Gretz said the cost difference between regular concrete and colored concrete is about $$0,000. Mayor Branntng noted the flags are an issue; how will they be used, how many, cost, etc. He would also like to look at doing something with the retaining wall on County Road 42 across from Fire Station No. 1. Mr. Melena said more information and cost estimates for the intersection improvements will brought back at the next meeting. The Council received a letter dated October 29, 1993, from Grandma's GRANDMA'S Restaurant along with pictures of the recently opened restaurant in RESTAURANT Fargo. They are still interested in only half of the site at County Road 42 and Gedar Avenue. Mr. Melena said staff will be meeting with them for further discussions. Mr. Melena said the first mediation session with the City of Lakeville LAKEVILLE is set for November 24, 1993, at 9:00 a.m., at Burnsville City Hall. MEDIATION MOTION: of Erickson, seconded by Humphrey, amending the 1993 meeting schedule by setting a special meeting on December 16th,'at 7:00 p.m.; eliminating the December 21st meeting; and setting the last regular meeting of the year on December 30th, at 8:00 p.m. Ayes - 5 - Nays - 0. SET DECEMBER MEETINGS ADVERTISE P.C. APPLICANTS 140TH STREET RECONSTRUCTION PRELIM. REPORT MOTION: of Erickson, seconded by Sterling, receiving the Planning Commission's request of November 3, 1993, and authorizing advertising for applicants for appointment to fill the vacancy on the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, directing the Engineer to prepare a preliminary feasibility report on reconstruction of 140th Street between Galaxie Avenue and Johnny Cake Ridge Road, with emphasis on handling traffic problems that might result from a detour. Ayes - 5 - Nays - 0. The Council received a memo dated November 5, 1993, from the Public TREE TRIMMING/ Works Director concerning tree trimming and hydrant flushing procedures.HYDRANT FLUSH. The Council received a memo dated November 5, 1993, from the' City Attorney on a recent court ruling involving litigation over the open meeting law. OPEN MEETING LITIGATION LEGION LIQUOR LIC. INFORMATN The Council received a letter dated November 9, 1993, from the City Glerk to the American Legion concerning private club and public liquor license regulations. CITY OF APPLE VATJ.~Y Dakota County, Minnesota November 9, 1993 Page 6 Mayor Branning noted that the City received a plaque naming the City OWOBOPTE as employer of the year by Owobopte Industries, Inc. Mr. Johnson RECOGNITION attended the recognition event on November 8, 1993. He described the program in which the Park Department participated with Owobopte this s,,mmer. It was successful and will continue this winter. Mayor Branning reported on several upcoming meetings including the Chamber of Commerce fund raiser November 12th; Apple Valley Ford open house November 18th; and the employee recognition party on January 8, 1994. MAYOR'S MEETINGS MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check registers dated November 4, 1993, in the amount of $5,003,742.87; and November 9, 1993, in the amount of $143,347.06. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjourned at 9:30 o'clock p.m.