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HomeMy WebLinkAbout04/14/1994CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 14th, 1994, 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 Erickson, Community Development Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, and Public Works Director Miranowski. 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 Goodwin, 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. Wilt Anderson, CEMETERY 5441 West 134th Street, spoke representing Lebanon Cemetery Associa- DISPOSITION tion. He said they offered the cemetery and its fund balance to the City two years ago, and have not received an answer. Meetings have been held, but nothing has been done. A private individual was approached about adding property to the site and there has been no progress with that option. He suggested the best option would be to leave the size of the cemetery as is and improve it. Mayor Branning agreed a decision needs to be made and asked to have the item come back before the Council. Tom Melena announced that he was submitting his resignation as City Administrator effective April 29, 1994. He thanked everyone for their support during the past nearly seven years. ADMIN. RESIGN. RES. 1994-99 ACCEPT MELENA RESIGNATION MELENA SEVER- ANCE AGREEMENT MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-99 accepting the resignations of Thomas Melena as City Administrator, effective April 29, 1994; and as Executive Director of the Economic Development Authority, effective immediately. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving the Severance/ Separation Agreement with Thomas Melena and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Mayor Branning commented on Mr. Melena's tenure with the City and the growth, development and progress that occurred. He thanked him for what has been accomplished. The Mayor said the Severance/Separation Agreement is personal and will not be available to the press. It covers six months of salary, vacation, CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 2 sick leave, and tuition reimbursement of $1,500. A press release concerning the information was distributed. The meeting was recessed and reconvened at 8:30 p.m. with Deputy Administrator Gretz serving as Administrator. to speak. MOTION: of Goodwin, seconded by Sterling, removing secretarial promotion from the agenda; moving consideration of a special use permit for Jerry Ruona and Historical Society membership to the regular agenda; and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the special meeting of March 17th, 1994, as written. Ayes 5 - Nays - 0. MARCH 17, 1994 MINUTES MARCH 24, 1994 MINUTES MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of March 24th, 1994, as written. Ayes - 5 - Nays - 0. MOTION: of Ooodwin, seconded by Sterling, proclaiming April 21, 1994, as "Apple Valley D.A.R.E. Day" (Drug Abuse Resistance Education). Ayes - 5 - Nays - 0. PROCLAiL D.A.R.E. DAY MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-100 accepting, with thanks, the donation of a used table tennis table, for the Parks & Recreation Department, from Michelle Underwood. Ayes - 5 - Nays - 0. RES. 1994-100 PD~IK & REC. DONATION D.A.P. REPRESENTATIVE VEHICLE TOWING CONTRACT MOTION: of Goodwin, seconded by Sterling, renominating John Gulla, 5129 West 148th Street, as the City's representative for another two-year term on the Dakota Alliance for Prevention. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving a Contract for Vehicle Towing and Impounding Services with Dick's Valley Service, Inc., effective May 1, 1994, until terminated; with vehicle storage at 6885 West 146th Street, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-101 approving a conditional use permit for Dick's Valley Service Inc., for outdoor storage on Lot 5, Block 1, Apple Valley Industrial Park, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0 (Humphrey Abstained). RES. 1994-101 DICK'S VALLEY SERV. C,U,P, CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-102 approving extension of the conditional use permit for Edwin Tousignant, d/b/a Galaxy Golf, to operate a golf driving range and miniature golf course at 4870 West 150th Street until the surrounding property develops, subject to review after June 4, 2000. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-103 receiving the preliminary engineering report on Project 94-427, Waterford Village Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on May 12, 1994. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-104 directing the City Engineer to prepare plans and specifications for Project 94-427. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-105 receiving the preliminary engineering report on Project 94-443, Valley Oaks/Palomino Oaks Utility Improve- ments, and setting a public hearing on it at 8:00 p.m. on May 12, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-106 directing the City Engineer to prepare plans and specifications for Project 94-443. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-107 receiving the preliminary engineering report on Project 94-453, Carroll Center 2nd Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on May 12, 1994. Ayes - 5 - Nays ~ O. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-108 directing the City Engineer to prepare plans and specifications for Project 94-453. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-109 receiving the preliminary engineering report on Project 94-455, Tilseth Residence Utility Improvements (13421 Cedar Avenue), and setting a public hearing on it at 8:00 p.m. on May 12, 1994. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-110 directing the City Engineer to prepare plans and specifications for Project 94-455. Ayes - 5 - Nays - 0. RES. 1994-102 GALAXY GOLF C.U.P. EXTN. RES. 1994-103 PROJ. 94-427 PUBLIC HEARING RES. 1994-104 PROJ. 94-427 PLANS & SPECS. RES. 1994-105 PROJ. 94-443 PUBLIC HEARING RES. 1994-106 PROJ. 94-443 PLANS & SPECS. RES. 1994-107 PROJ. 94-453 PUBLIC HEARING RES. 1994-108 PROJ. 94-453 PLANS & SPECS. RES. 1994-109 PROJ. 94-455 PUBLIC HEARING RES. 1994-110 PROJ. 94-455 PLANS & SPECS. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 4 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-111 approving plans and specifications for Project 94- 458, Trunk Storm Sewer Improvements, and authorizing advertising for bids to be received at 10:00 a.m. on April 25, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-112 approving plans and specifications fo~ Project 94- 438, Cedar Pointe 2nd Addition Utility and Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on May 19, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-113 awarding the contract for Project 94-436, Wyndemere 1st Addition Utility and Street Improvements, to Erickson Construction, the low bidder, in the amount of $473,996.60. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-114 awarding the contract for Furnishing and Planting Boulevard Shade Trees to Fair~e Garden Center, the low bidder, in the amount of $33,390.00. Ayes 5 - Nays - O. of Goodwin', seconded by Sterling, adopting Resolution No. 1994-115 approving issuance of a subdivision grading permit for Cedar Pointe 2nd Addition as recommended by the City Engineer. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1994-116 approving issuance of a subdivision grading permit for Mistwood as recommended by the City Engineer. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, approving various change orders to contracts for Police Facility construction in the amount of an additional $697.37 as listed in the Personnel Director's memo dated April 14, 1994. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, a~opting Resolution No. 1994-117 approving 1994 Special Assessment Rolls 338 through 340, in the total amount of $500,003.00, for hearing purposes and setting a public hearing on them at 8:00 p.m. on May 12, 1994. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, receiving the City Clerk's memo dated April 11, 1994, concerning AppliedGraphics proposal for interactive multimedia public information systems and continuing tabling the item until information is provided on participation by other agencies. Ayes - 5 - Nays - O. RES. 1994-111 PROJ. 94-458 TAKE BIDS RES. 1994-112 PROJ. 94-438 TAKE BIDS RES. 1994-113 PROJ. 94-436 AWARD CONTRACT RES. 1994-114 BOULEVARD TREE AWARD RES. 1994-115 CEDAR POINTE 2 GRADING PERMIT RES. 1994-116 MISTWOOD GRADING PERMIT POLICE STN. CHANGE ORDERS. RES. 1994-117 ASSMT 338-340 SET HEARING APPLIEDGRAPHIC INFORMATION__ SYSTEM TAB~ CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 5 MOTION: of Goodwin, seconded by Sterling, receiving the City Clerk's memo dated April 11, 1994, reporting on the status of the evaluation process on five proposals for Local and Wide Area Computer Networks for City facilities received April 4, 1994. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a temporary on-sale 3.2 beer license for Midwest Sport Events, Inc. , for use on April 30 and May 1, 1994, at Eastview Athletic Complex (May 7 and 8, 1994, rain date alternate). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, appointing Councilmember Goodwin as Council liaison to the ice arena construction project team. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, establishing a Commission/ Committee Recognition Program, as described in the Parks & Recreation Director's memo dated April 8, 1994, for members of the Planning Commission, Parks & Recreation Committee and Urban Affairs Committee; providing for an annual credit of $720.00, per member, applicable toward Parks & Recreation activities. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-118 directing City Staff work with Dakota Electric Association and Cooperative Power Association to develop an essential services plan for electric capacity as a possible component of the Comprehensive Plan. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the Working Agreement with Owobopte Industries, Inc., providing for seasonal employees through September 30, 1994, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring Patricia Glodowski for the full-time position of Clerk/Typist in the Parks & Recreation Department effective April 25, 1994. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the part- time and seasonal employees as listed in the Personnel Report dated April 14, 1994. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA COMPUTER NETWORK R.F~P. ~S MIDWEST SPORTS TEMPORARY BEER LICENSE GOODWIN ARENA LIAISON COMMISSION/ COMMITTEE RECOGNITION PROGRAM RES. 1994-118 ELECTRIC SERV. CAPACITY PLAN OWOBOPTE EMPLOYEES ~ AGREEMENT HIRE GLODOWSKI CLERK/TYPIST HIRE SEASONAL EMPLOYEES Councilmember Sterling asked where the food vending cart proposed by RUONA FOOD Jerry Ruona at the Police Facility would be located? Councilmember VENDING CART CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 6 Erickson asked Police Captain Erickson if he had any comments. Captain Ertckson said they have no objections; the sidewalk location would be preferable. MOTION: of Sterling, seconded by Erickson, approving issuance of a RUONA SPECIAL special use permit to Jerry Ruona, d/b/a Ruona~s Brat USE PERMIT Shoppe, to operate a food vending cart outdoors at the Police Facility, 7100 West 147th Street, from April 15, 1994, through April 14, 1995. Mayor Branning said he received comments expressing concern about the site Mr. Ruona used at Time Square Shopping Center last year and proposed to use in the parking lot there this year. Mr. Gretz said Mr. Ruona is attempting to find another site in that Shopping Center is still discussing it with the landlord. That is not part of this approval. Vote was taken on the motion. Ayes - 5 - Nays MOTION: of Sterling, seconded by Goodwin, approving payment of HISTORICAL SOC. $250.00 for 1994 membership in the Dakota County Historical MEMBERSHIP Society to be paid from donations to the City. Councilmember Humphrey said he would prefer that the fund from which the Council. authorizes expenditures not be called the LCA Fund. He would rather have it called the Council Discretionary Fund. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Miranowski reported on the 140th Street reconstruction and lowaring 140TH STREET project between Fountain Court and Johnny Cake Ridge Road. It is an RECONSTRUCTION extensive project and will involve closing the street and detouring REPORT traffic starting April 18, 1994, until October. It was originally thought that work on lowering Williams Pipeline would be started in March. That work has been moved back to June, moving completion of the entire project back to October. Detoured traffic will use Galaxie Avenue, County Road 42 and Pilot Knob Road because those intersections with County Road 42 are signalized. Access to the Central Maintenance Facility will be closed on 140th Street. Temporary access will be provided from 146th Street and Galaxie Avenue through the gravel pit to the south end of the property. Councilmember Sterling asked that additional signs directing traffic to Eastview Athletic Complex be provided due to the number of events scheduled there during the summer and out of town participants. Mayor Branning called the public hearing to order at 8:42 p.m. to con- PUBLIC HEAR~[G sider Project 94-452, Industrial Area and 147th Street Improvements, PROJ and noted receipt of the affidavit of publication of the hearing notice. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 7 Mr. Gordon reviewed the preliminary engineering report which includes construction of 147th Street between Pilot Knob and Johnny Cake Ridge Roads. North Star Concrete expressed concern with the alignment of 147th Street across its property and would like to wait with improvements until it has possible development plans. The improvements would start at Pilot Knob Road and only involve the Concord property. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:55 p.m. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-119 ordering installation of Project 94-452, Industrial Area and 147th Street Improvements, from Pilot Knob Road across the Concord property only. Ayes - 5 - Nays - 0. RES. 1994-119 ORDER PROJ. 94-452 RES. 1994-120 PROJ. 94-452 PLANS & SPECS. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-120 directing the City Engineer to prepare plans and specifications for Project 94-452. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:58 p.m. to con- PUBLIC HEARING sider Project 94-432, Mistwood Utility and Street Improvements, and PROJ. 94-432 noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report and noted all costs will be assessed to the Mistwood development. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:00 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-121 ordering installation of Project 94-432, Mistwood Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1994-121 ORDER PROJ. 94-432 Mayor Branning called the public hearing to order at 9:01 p.m. to con- PUBLIC HEARING side amending alcoholic beverage licensing fees and noted receipt of ALCOHOLIC BEV. the affidavit of publication of the hearing notice. The City Clerk LICENSE FEES reviewed the proposed fee increases of five percent on all licenses except on-sale club licenses which are limited by State law. Fee increases enacted now would affect new licenses during the year and renewal licenses for 1995. The last fee increase was approved in December of 1991, and affected new licenses in 1992 and renewal licenses for 1993. The Mayor asked for questions or comments from the Council and the audience. Jerry Huston, of Greenstreets Restaurant, asked the Council to consider amending the dollar volume of liquor sales on which fees are based to coincide with increases in license fees. He suggested they be increased 10 percent to equal the last two fee increases. The Mayor said this is a reasonable request and would be considered. There were no other comments and the hearing was declared closed at 9:10 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 8 The Council asked Staff to review the effect of changing liquor sales ORDINANCE volumes and report back at the April 28, 1994, meeting. He noted the AMENDING FEES proposed ordinance amending these and other fees has been drafted and is available for review. The first reading was held February 24, 1994, and it will be considered for passage at the next meeting. Mr. Hickok reviewed the Planning Commission report on the prop6sed DIAMOND PATH Diamond Path Townhouses located south of Diamond Path ~nd west of TOWNHOUSES Pilot Knob Road. It consists of 42 units and one outlot on 6.41 acres. The layout allows for 48 percent-green space in the subdivision. Peter Knaeble and Steven Benke representing the developer were present to answer questions. MOTION: of Erickaon, seconded by Goodwin, passing Ordinance No. 571 rezoning Diamond Path Townhouses, part of Section 13, from "A" to "M-4C" as recommended by the Planning Commission. Ayes - 5 - Nays - O. ORDINANCE 571 REZONE D.P. TOWNHOUSES MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-122 approving the preliminary plat of Diamond Path Townhouses for 42 lots and one outlot, with conditions as recommended by the Planning Commission, and directing pre- paration of a subdivision agreement. Ayes - 5 - Nays - O. RES. 1994-122 DIAMOND PATH TOWNHOU~U[S PRELIM. ~[ MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. RES. 1994-123 1994-123 authorizing issuance of a building permit for 42 DIAMOND PATH units in Diamond Path Townhouse Development, with conditions TOWNHOUSES as recommended by the Planning Commission. BLDG, PERMIT Councilmember Sterling asked what building materials will be used on the units? Mr. Hickok said this is a "C" zoning classification and they do not need a conditional use permit for alternate materials. The Council reviewed architectural renderings of the buildings. The developer said they will be constructed of 50 percent brick face with asphalt shingles. Vote was taken on the motion. Ayes 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for Diamond Path Townhouses Improvementf. Ayes - 5 - Nays - 0. PRELIM. REPORT DP TOWNHOUSES ALIMAGNET LANDING RES. 1994-1 ALIMAGNET LANDING PLAN AMENDMENT Mr. Kelley reviewed the Planning Commission report on the proposed Alimagnet Landing development located south of 140th Street and west of County Road 11. He reviewed pathway locations and said the subdi- vision would have 10 single family lots. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-124 authorizing submitting the Comprehensive Plan amendment (from LD to SF) for Alimagnet Landing to the Metropolitan Council, as recommended by the Planning CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 9 Commission, subject to further consideration by the City Council after Metropolitan Council approval. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1994-125 approving the preliminary plat of Alimagnet Landing, with 10 lots, subject to final approval of the Comprehensive Plan amendment and rezoning, with conditions as recommended by the Planning Commission and directing preparation of a subdivision agreement. RES. 1994-125 ALIMAGNET LANDING PRELIM. PLAT John Miller, 13667 Holyoke Lane, said the neighbors are in favor of the proposal, but are concerned about the pathway proposed along the southeast boundary of the site. They would rather have funds escrowed to construct the path later if needed. He noted potential problems with tree removal and visibility where the path would connect to 140th Street. He also asked that the pond be cleaned up during construction. Councilmember Goodwin said there is a path connection to the park on Holyoke and the connection to 140th Street is not really needed. When the corner was proposed for multiple dwellings, the path would have helped as a buffer and that is no longer the case. Mayor Branning said if the path is not constructed, the area should be combined with the property being platted and eliminated. MOTION: of Humphrey, seconded by Goodwin, amending the foregoing RESEARCH PATH motion by requesting the City Attorney to research vacating VACATION the path connection from Sunset Park to 140th Street. Mr. Miller said if the path area is vacated, they would like the property added to the lots on Holyoke instead of Alimagnet Landing so they can be sure it will remain as is and not graded. Vote was taken on the amendment. Ayes - 4 - Nays - 1 (Sterling). Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, directing the City Engineer to prepare a preliminary feasibility report on improvements for Alimagnet Landing. Ayes - 5 - Nays - 0. ALIMAGNET LNDG PRELIM. REPORT Mr. Hickok reviewed the report on Avsur Acres development located AVSUR ACRES located west of Pennock Avenue and north of 133rd Street tabled from DEVELOPMENT March 24, 1994. The plat is for four lots; two with existing homes and two outlots, with right-of-way dedicated for Glenhaven Avenue. The site was reviewed to determine if a street connection to Pennock could be made. It would require extensive grading and is not recommended. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 10 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-126 approving the preliminary plat of Avsur Acres, two lots and two outlots, and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission and a requirement for construction of Glonhaven Avenue upon further development or in 36 months. RES. 1994-126 AVSUR ACRES PRELIM. PLAT Mayor Branning said when Outlots A and B are developed, access to Lot 2 could be provided through Outlot A rather than by private driveway across Lot 1. He asked that this be noted for future consideration. Don Moran said he is purchasing the property and he wants to continue to have a private driveway from Pennock Avenue to Lot 2. The people living in the houses on Lots 1 and 2 want the driveway easement put on the plat as a private road and do not want to further develop those lots. Councilmember Goodwin said a street access over Outlot A to Lot 2 would have to be on the north or south side of the property because it is only 165 feet wide. This would create roads on three sides of one lot in either Highpoint or Hallwood Highlands which already have houses. The Mayor said he does not want to create a landlocked parcel which would happen with this plat. Private road easements will be future enforcement problems. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Branning). Mr. Kelley roviewed the Planning Commission report on remodeling pro- posed at Apple Valley Square Shopping Center. A.V, SQUARE REMODELING MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No~ RES. 1994-127 1994-127 approving a revised site plan for remodeling on A.V. SQUARE Lots 1 and 2, Block 1, Apple Valley Square 5th Addition, SITE PLAN with conditions, as recommended by the Planning Commission. Craig Minea, owner of the property, was present and explained the request which will add Pet Food Warehouse at the current entrance on the east side and relocate soveral shops to exterior access on tho east side. Access to remaining interior store will continue to be on the north side of the shopping center. Councilmember Humphrey commented on garbage collection issues related to the exterior stores. Mike O~Rourke, the Center Manager, was present and said he will check into the matter. Trash should not be on the sidewalk for more than about half an hour. Mayor Branning asked Mr. Minea if ho is willing to revisit tho total parking lot circulation? Mr. Minea said he can make signage changes as recommended; however, thsre ars shared easements with Kmart and Rainbow which will be very difficult to change because of multiple ownership interests. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1994 Page 11 The Mayor said a complete traffic study is needed due to change in philosophy and concept of the shopping center from the original interior mall design. Regardless of the building remodeling authorization a traffic study is needed for the site, He asked Staff to research such a study and possible cost sharing. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Gretz gave the first reading of an ordinance amending City Code Section 5-5(c) requiring cats to be vaccinated against at 36-month intervals instead of 12-month {ntervals.-The amendment is pzoposed to bring the Code in compliance with new veterinarian practices. FIRST READING ORDINANCE CAT VACCINATIONS REAPPOINT GOWLING P.C. REAPPOINT FELKNER P.C. MOTION: of Sterling, seconded by Erickson, reappointing Marcia Gowling to the Planning Commission for a term expiring March 1, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, reappointing Alan Felkner to the Planning Commission for a term expiring March 1, 1997. Ayes - 4 - Nays - 1 (Branning). The Council received information from the League of Minnesota Cities LMG RALLY on a Unity Day Rally at the State Capitol on April 21, 1994, at 9:00 a.m. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated March 17, 1994, in the amount of $2,284,727.84; March 31, 1994, in the amount of $2,226,526.31; April 7, 1994, in the amount of $1,564,370.50; and April 14, 1994, in the amount of $2,336,031.57. Ayes - 5 - Nays - 0. GLAIMS& BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:08 o'clock p.m.