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HomeMy WebLinkAbout05/12/1994CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 12th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Ericksen, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Police Captain Erickson, Associate Planner Hickok, Parks & Recreation Director Johnson, Community Development Director 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 Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Humphrey, seconded by Goodwin, proclaiming May 20th and . PROCLAIM 21st, 1994, as "Poppy Days" in recognition of those who have POPPY DAYS died in wars. Ayes - 5 - Nays - 0. 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. AUDIENCE DISC CONSENT AGENDA APRIL 28, 1994 MINUTES MOTION: of Goodwin, seconded by Humphrey, correcting the minutes of April 28, 1994, on page 8, and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of April 28th, 1994, as corrected on page 8. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Goodwtn, seconded by Humphrey, proclaiming May 15-21, 1994, as "Emergency Medical Services (EMS) Week", recog- nizing the value and accomplishments of emergency medical services providers. Ayes - 5 - Nays - 0. PROCLAIM EMS WEEK ARBOR DAY TREE PLANT MOTION: of Goodwin, seconded by Humphrey, receiving an invitation from the 25th Anniversary Committee and the Gardenettes to an Arbor Day tree planting ceremony on May 21, 1994, at 10:00 a.m., at Redwood Park. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-146 approving the designation of the east-west portion of Trunk Highway 77 as County State Aid Highway No. 38 in concurrence with action of the Dakota Gounty Board.' Ayes - 5 - Nays - 0. RES. 1994-146 DESIGNATE CS~H 38 CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, approving a contract with the Minnesota Building Codes Division for plan review and/or inspections by the City, on a project by project basis, for public buildings through July 1, 1996, and authorizing the Mayor and Clark to sign the same. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving returning $10,432.00 of unexpended 1993 recycling funds to Dakota County as required by the Joint Powers Agreement. Ayes 5 - Nays - 0. of Go0dwin, seconded by Humphrey, adopting Resolution No. 1994-147 setting a public hearing, before the Planning Commission, on June 1, 1994, to consider amending the Comprehensive Plan and rezoning property located south of 140th Street and west of Johnny Cake Ridge Road for expan- sion of Eastview Athletic Complex. Ayes - 5 - Nays - 0. of Goodwin, seconded by ~J~phrey, adopting Resolution No. 1994-148 settir~ ~. public he,'ring, before the Planning Commission, on June 1, 19~4~ to consider amending the Comprehensive Plan Utility Chapter and issuing a conditional use permit for an electric substation south of 140th Street and west of Johnny Cake Ridge Road. Ayes - 5 - Nays - O. of Goodwin, seconded by Humphrey, approving a change order for Police Facility construction, in the amount of an additional $610.00, as listed in the Personnel Director's memo dated May 12, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving issuance of a temporary on-sale 3.2 beer license for Midwest Sport Events, Inc., for use on June 4-5 and 11-12, 1994, at Eastview Athletic Complex. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving contracting with RLK Associates, Ltd., for consultant planning services, at hourly rates, as described in the Community Development Director's memo dated May 12, 1994. Ayes 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving hiring the time and seasonal employees as listed in the Personnel Report dated May 12, 1994. Ayes - 5 - Nays - O. part- of Goodwin, seconded by Humphrey, approving contracting Aooountemps for utility billing accountant services as described in the Personnel Report dated May 12, 1994. Ayes - 5 - Nays - 0. with PUBLIC BLDG. INSPECTIONS CONTRACT RETURN UNUSED RECYCLING FUND RES. 1994-147 P.C. HEARING EASTVIEW EXP. LAND USE AMEND RES. 1994-148 P.C. HEARING COMP. CUP ELi SUBSTATION POLICE STN. CHANGE ORDER TEMPORARY RLK PLANNING CONSULTANT AGREEMENT HIRE PART-TIME EMPLOYEES TEMPORARY ACCT END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Page 3 Mr. Sheldon reviewed his memo dated May 6, 1994, concerning Zoo High ZOO HIGH School financing. The tentative site selected is along Johnny Cake SCHOOL Ridge Road on Zoo property. School District 196 would lease the FINANCING building for 20 years after which time it would belong to the Zoo. The City's Economic Development Authority is being asked to provide financing, by issuance of $8,400,000 of revenue bonds, which will be repaid by the School's lease. Jane Stewart, Director of Educa~ional Services for ISD 196, was present and reviewed the facility planning process which led to selection efa specialized high school for environmental studies. It will be addressed through the optional schools program; allowing unique learning opportunities without over-building facilities. She asked the Council to proceed with authorization for financing. Steve Haig, Education Specialist with the Zoo, was present and commented on the Zoo's commitment to education. Long range plans had always indicated an educational facility at the Zoo and this proposal would make that a reality. The location is identified as the Birch Pond Site which is an area where some previously existing houses ha~ bp~n ~pmoved. The building will be inside the Zoo's fencing. MOTION: of Humphrey, seconded by Sterling, directing the Apple Valley Economic Development Authority to set a meeting on May 26, 1994, at 7:00 p.m., to proceed with the Zoo High School financing request as described in the City Attorney's memo dated May 6, 1994. EDA MEETING ZOO SCHOOL FINANCING The Council discussed the proposal and indicated that as long as the conditions described by the Attorney can be satisfied, the financing could be provided. Steve Mattson, of Juran & Moody, said they have been working on the project for several months. It is feasible and a 20-year schedule on financing is proposed. Vote was taken on the motion. Ayes - 5 - Nays - 0. John Haro, Superintendent of ISD 196, was present and thanked the Gouncil for its support. They anticipate proceeding with construction so the school can open in the fall of 1995. Mayor Branning called the public hearing to-order, at 8:36 p.m., to PUBLIC HEARING consider Project 94-427, Waterford Village Utility and Street Improve- PROJ. 94-427 ments, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report. The project will not be ordered until approval of the Comprehensive Plan amendment is received from the Metropolitan Council. The Mayor asked for questions or comments from the Council and audience. There were none and the hearing was declared closed at 8:40 p.m. Mayor Branning called the public hearing to order, at 8:40 p.m., to PUBLIC HEARING consider Project 94-428, Cedar Isle Estates Utility and Street PROJ, 94-428 CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Page 4 Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report. Actions on this project will be subject to approval of the Comprehensive Plan amendment by the Metropolitan Council. The advertisement for bids will provide for award of a contract in 60 days, instead of 30 days, for this purpose. The Mayor asked for questions or comments from the Council and audience. There were none and the hearing was declared closed at 8:43 p.m. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1994-149 ordering installation of Project 94-428, Cedar Isle Estates Utility and Street Improvements, subject to approval of the Comprehensive Plan amendment. Ayes - 5 - Nays - 0. RES. 1994-149 ORDER PROJECT 94-428 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1994-150 approving plans and specifications for Project 94- 428 and authorizing advertising for bids to bo received on June 9, 1994, at 2:00 p.m. Ayes - 5 - Nays - 0. RES. 1994-150 PROJ. 94-428 TAKE BIDS Mey~y .Rranning called the public hearing to order, at 8:44 p.m., to PUBLIC ~%RING epn~i~er~ Project 94-443, Valley Oaks Townhomes Utility Improw!ments, P~OJ. 94-443 a~,$ ~.ot~d receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report. The project will not be ordered until approval of the Comprehensive Plan amendment is received from the Metropolitan Council. The Mayor asked if the utilities are being coordinated with development of the park and ride lot to the north? Mr. Gordon said they are and that request should be submitted for the next meeting. The Mayor asked for questions or comments from the Council and audience. There were none and the hearing was declared closed at 8:45 p.m. Mayor Branning called the public hearing to order, at 8:45 p.m., to PUBLIC HEARING consider Project 94-453, Carroll Center 2nd Addition Utility and PROJ, 94-453 Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report. Gouncilmember Sterling asked about a sidewalk connection to the senior housing site. Mr. Gordon said eventually it will connect to 155th Street. They do not expect to begin construction until next year and other development may be proposed by that time. The Mayor asked expressed concern about the Phillips 66 site and driveway access so close to Cedar Avenue. He asked to review minutes of the approval and the plan for the remainder of the planned development before taking action. Councilmember Humphrey asked what will be east of this area? Mr. Gordon said Cedar Pointe 2nd Addition is under development east of Garrett Avenue. There will be sidewalk on the east side of Garrett. There were no further questions or comments and the hearing was declared closed at 8:56 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Page 5 MOTION: of Sterling, seconded by Goodwin, tabling consideration of TABLE ordering Project 94-453, Carroll Center 2nd Addition Utility PROJ, 94-453 and Street Improvements, until May 26, 1994. Ayes - 4 - Nays - 1 (Humphrey). Mayor Branning called the public hearing to order, at 8:57 p.m., to PUBLIC HEARING consider Project 94-455, Tilseth Residence Utility Improvements (13421 PROJ. 94-455 Cedar Avenue, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report and said the improvements are being made at the request of the homeowner. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:59 p.m. MOTION: of Eriekson, seconded by Sterling, adopting Resolution No. 1994-151 ordering installation of Project 94-455, Tilseth Residence Utility Improvements (13421 Cedar Avenue). Ayes 5 - Nays - 0. RES. 1994-151 ORDER PROJ. 94-455 Mayor Brann~ng called the public hearing to order, at 9:00 p.m., to PUBLIC HEARINC con~id~'1994 Special Assessment Rolls No. 338 through 341; and noted receipt cf t~ affidavit of publication of the hearing notice. Mr. 338 TO 34i Gretz reviewed the assessments, totaling $500,003, and noted no written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:01 p.m. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-152 approving 1994 Special Assessment Rolls No. 338 to 341, in the total amount of $500,003. Ayes - 5 - Nays - 0. RES. 1994-152 LEVY ASSMTS. 338 TO 341 Mr. Johnson reviewed his memo dated May 9, 1994, concerning a request DIAMOND PATH by residents to remove basketball equipment in Diamond Path Park. He PARK BASKET- suggested referring the request to the Parks & Recreation Advisory BALL EOUIPMENT Committee for a recommendation. Amy Jabas, 4525 - 149th Court, who wrote the letter, was present and commented on noise and littering by those using the basketball equipment. She presented a petition, circulated among 36 homes on the two courts next to the park, signed by 32 of the homeowners. They are willing to have the basketball hoops taken down for a year to see what happens. Councilmember Goodwin said reference to unenforceability of the noise ordinance concerns him. He suggested the Urban Affairs Committee reviewed it. Councilmember Erickson said he went to the park and would like some other solution than closing part of the park. There are other people using it who are not causing problems. Mayor Branning asked if the Committee's recommendation would have to come back to the Council for action? Mr. Johnson said, if desired, Staff could implement a recommendation of the Parks & Recreation Committee. The Council concurred with that direction. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Page 6 MOTION: of Goodwin, seconded by Erickson, referring noise ordinance REFER NOISE enforceability issues to the Urban Affairs Committee for ORD, TO UAC review. Ayes - 5 - Nays - 0. Councilmember Sterling asked if there are other parks where basketball hoops are close to houses? Mr. Johnson said there are. Councilmember Goodwin said the Parks & Recreation Committee may also need to look at different park closing times if there are facilities that need light in order to be used. Mr. Hickok reviewed the Planning Commission recommendation for building proposed on Lot 2, Block 2, North Star Industrial Park. The I-1 zoning allows trade schools and this building is intended to be used by School District 196 for a variety of educational programs. NORTH STAR IND. PARK BLDG RES. 1994-153 I-1 EDUCATION USE FINDING MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-153 finding that early learning childhood/special education uses are consistent with permitted uses in an "I- l'', Industrial, zoning district as recommended by the Planning Commission. Councilmember Sterling asked if sidewalk is nez~zi ~a the area? Dave Ericksmoen, the architect, was present and said there will be some buses bringing students to a drop off area on the south side of the building, but most will be driving private vehicles. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1994-154 authorizing issuance of a building permit for an industrial building on Lot 2, Block 2, North Star Industrial Park, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-154 NORTH STAR IND BLDG, PERMIT Mr. Kelley reviewed the Planning Commission recommendation for a replat of Outlot E, Farquar Lake Addition, to be known as Oak Bend Addition. It includes granting a private driveway easement to an existing house on Outlot C to the south. OAK BEND ADDITION MOTION: of Eriekson, seconded by Humphrey, adopting Resolution No. 1994-t55 approving the preliminary plat of Oak Bend Addition (replat of Outlot E, Farquar Lake Addition) and waiving the requirement for a subdivision agreement as recommended by the Planning Commission. Ayes 5 - Nays - 0. RES. 1994-155 OAK BEND PRELIM. PLAT Richard Herberg, representing Bachman's, was present concerning the BAGHMAN'S SIGN request for a variance for additional slgnage. The Planning Commission VARIANCE did not recommend approval of the variance and he is withdrawing the present request. The conditions in the planned development regarding signage wit~ readerboards will be reviewed. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Page 7 MOTION: of Goodwin, seconded by Erlckson, referring the conditions for signage in Planned Development No. 341 (Carrollton Commercial) to Staff and the Planning Commission for review. Ayes - 5 - Nays - 0. REFER PD 341 SIGNAGE TO PC Mr. Hickok reviewed the report on building permit authorization for FOXMOORE II 52 townhouse units in the Foxmoore II development tabled from April TOWNHOMES 28, 1994. The buildings were revised with additional brick, approxi- mately 25 to 30 percent, depending on the options. Bill Diedrich, the developer showed three options of brick on the exterior; none of which meet the 50 percent required in the zoning ordinance. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-156 authorizing issuance of a building permit for 52 townhouses in Foxmoore II, with conditions as recommended by the Planning Commission, and granting a variance to required building materials allowing the builder to choose Option 1, 2, or 3 as it suits a particular building. RES. 1994-156 FOXMOORE II BLDG, PERMIT Norman Johnson said he is buying one of the units and said he prefers Option 1. Requiring all brick on the~front, where it is visible, makes the most sense. Brick on the side is only visible on those buildings exposed to a street. MOTION: of Goodwin, seconded by Ertckson, amending the foregoing AMEND MOTION motion by requiring all brick fronts on the buildings and brick on the lower portion of building sides exposed to streets where feasible. Ayes - 4 - Nays - 1 (Humphrey). Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mr. Gretz gave the second reading of a proposed ordinance establish- ing vending cart licensing and regulations in the downtown area. It would allow for licensing four food and beverage vending carts at annual fees of $110.00 each. The Council accepted the second reading of the ordinance. SECOND READING VENDING CART ORDINANCE MOTION: of Sterling, seconded by Goodwin, passing Ordinance No. 574 amending City Code Sections 1-23 and 15-8 and Chapter 15 by establishing licensing regulations and setting a license fee for the operation of food and beverage vending carts in the City. Ayes - 5 - Nays - 0. ORDINANCE 574 VENDING CART LICENSING MOTION: of Humphrey, seconded by Goodwin, approving the concept of installing interactive multimedia public information kiosks in the City and directing preparation of a request for proposals for such a system. INTERACTIVE INFORMATION KIOSKS R.F,P. Councilmember Humphrey commented on the concept of providing information and said Rainbow Foods has a kiosk with shopping information in its lobby. It contains CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1994 Page 8 limited information on City services and lists the Park Department telephone number with the ability to print a copy. This is the type of system he would like to see expanded upon. Councilmember Ertckson expressed concern about the cost of such a system. The initial price of $55,000 did not include adding a printer or upgrades. Vote was taken on the motion. Ayes - 4 - Nays 1 (Erickson). MOTION: of Goodwin, seconded by-Erickson,-adopttng Resolution No. 1994-157 requesting Dakota Gounty to install a traffic signal at the intersection of Johnny Cake Ridge Road and County Road 42. Ayes - 5 - Nays - 0. RES. 1994-157 JOHNNY CAKE & CR 42 SIGNAL CANCEL INFORMAL MEETING MOTION: of Erickson, seconded by Goodwtn, canceling the informal meeting of May 19, 1994. Ayes - 5 - Nays - 0. Mayor Branning commented on the Dakota County League of Governments meeting held in Farmtngton on May 11, 1994. The various assessment policies used by different cities were among the items discussed. DAKOTA LEAGUE MEETING Councilmember Goodwin said he met with Janna King on economic develop- EGON. ment issues in the City. She will attend the next Economic Development COMMITTEE Growth Partnership Committee meeting on June 9, 1994, at 7:30 a.m. Councilmember Sterling commented on the Apple Valley Chamber of Commerce meeting she attended May 11, 1994. Local legislators gave updates of the legislative session just ended. CHAMBER OF COMMERCE MTG, ROTARY EXCHNG VISITORS Councilmember Sterling commented on meeting with four visitors from Athens, Greece, on May 9, 1994. They were here as part of a Rotary Club exchange program. MOTION: of Humphrey, seconded by Ertckson, to pay the claims and bills, check registers dated May 5, 1994, in the amount of $1,471,357.86; and May 12, 1994, in the amount of $508,459.73. Ayes - 5 - Nays - 0. CLAIMS ~ BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:20 o'clock p.m.