Loading...
HomeMy WebLinkAbout05/26/1994CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 26th, 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 Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Erickson, Associate Planner Hickok, Parks & Recreation Director Johnson, Community Development Director Kelley, and Public Works Director Miranowskl. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembers and everyone fn 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 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, removing the revised MVTA Joint Powers Agreement from the agenda until June 16, 1994, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. MOTION: CONSENT AGENDA ITEMS of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of May 12th, 1994, as written. Ayes - 5 - Nays - 0. MAY 12, 1994 MINUTES PROCLAIM FLAG DAY RES. 1994-158 FIRE DEPT. DONATION RES. 1994-159 FIRE DEPT. DONATION MOTION: of Humphrey, seconded by Goodwin, proclaiming June 14, 1994, as "Flag Day" and urging all citizens to pause and recite the pledge of allegiance at 6:00 p.m. on this date. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-158 accepting, with thanks, the donation of an automobile to the Fire Department from Michael D. Smegal. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-159 accepting, with thanks, to donation of an automobile to the Fire Department from Irwin R. Schaeffer. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwln, authorizing disposing of unclaimed recovered property and excess City property at a public auction scheduled for June 2, 1994, at 6:30 p.m., as described in Police Captain Cook's memo dated May 23, 1994. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving a contract with Schlegel Auction Company for auctioneering services at the property auction sst for June 2, 1994, at 6:30 p.m., at a fee of ten percent of total sales, and authorizing the Mayor and CIerk to sign the same. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwtn, approving a Special Assessment Agreement with Wsdum Foundation, Inc., for deferring payment of Assessment Roll No. 283, in the amount of $212,038.00, on Outlot A, East Valley Plaza, until January 1, 1996, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-160 authorizing submitting the Comprehensive Plan amendment (establishing a temporary sand and gravel overlay designation) for Barton Sand & Gravel's expansion, in Section 34, to the Metropolitan Council, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-161 setting a public hearing, at 8:00 p.m., on June 16, 1994, to consider amending the Master Development District related to a proposed Environmental Learning Center at the Minnesota Zoo and a second sheet of ice at Apple Valley High School. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-162 approving the final plat and subdivision agreement for Mistwood and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays.- 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-163 setting a public hearing, at 8:00 p.m. on June 30, 1994, to consider vacating an easement along part of Lake Alimagnet (related to Alimagnet Landing plat). Ayes 5 Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-164 making a negative declaration finding no potential issues warranting preparation of a full Environmental Impact Statement for Cedar Isle Estates. Ayes - 5 - Nays - 0. PROPERTY DISPOSAL SCHLEGEL AUCTION CONTRACT EAST VALLEY PLAZA SPECIAL ASSESSMENT AGREEMENT RES. 1994-160 BARTON S COMP. AMENDMENT RES. 1994-161 DEV. DISTRICT AMENDMENTS PUBLIC HEARING RES. 19~,' MISTWOOD FINAL PLAT RES. 1994-163 SET EASEMENT VACATE HEARING RES. 1994-164 CEDAR NEGATIVE CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-165 authorizing issuance of a building permit for Arby's expansion on Lot 3, Block 1, Apple Valley Square, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, granting a setback variance from 147th Street for the Post Office, on Lot 1, Block 3, Valley Commercial Park 1st Addition; to allow construction of a parking lot to within 7.5 feet of the lot line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving release of the subdivision financial guarantee for Summerfield 3rd Addition. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-166 approving a subdivision grading permit for the Minnesota Valley Transit Authority in Palomino Oaks as recommended by the City Engineer. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-167 awarding the contract for Project 94-438, Cedar Pointe 2nd Addition Utility and Street Improvements, to Erickson Construction, the iow bidder, in the amount of $263,230.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving six-year lease agreements with Polfus Implement, Inc., for two mowers, each, for the Street Department and Valleywood Golf Course and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving hiring Emmanuel Nacionales for the full-time position of Utility Accounting Technician, effective June 6, 1994 as described in the Personnel Report dated May 26, 1994. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving hiring the part- time and seasonal employees as listed in the Personnel Report dated May 26, 1994. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, confirming dismissal of Allen Seipp as a seasonal maintenance worker effective May 8, 1994, as listed in the Personnel Report dated May 26, 1994. Ayes - 5 - Nays - 0. RES. 1994-165 ARBY' S EXP. BLDG. PERMIT POST OFFICE PARKING LOT V~/{IANCE SUMMERFIELD 3 BOND RELEASE RES. 1994-166 MVTA GRADING PERMIT RES. 1994-167 AWARD CONTRACT PROJ. 94-438 MOWERS LEASE STREET DEPT. & VALLEYWOOD HIRE NAGIONALES ACCT, TECH. HIRE PART-TIME EMPLOYEES CONFIRM SEASNL DISMISSAL END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1994 Page 4 Mayor Branning called the public hearing to order, at 8:05 p.m., to PUBLIC HEARING consider Project 94-351, Alimagnet Landing Utility and Street Improve- PROJ, 94-351 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. Councilmember Humphrey asked if the two cul de sacs could be pulled back rather than extending entirely along the two end lots? Mr. Mtranowski said the lots drop off too sharply and access will be taken from the ends of the cul de sacs. There were no other questions and the hearing was declared closed at 8:11 p.m. Mayor Branning called the public hearing to order, at 8:12 p.m., to PUBLIC HEARING consider Project 94-439, Diamond Path Townhouses Utility and Street PROJ, 94-439 Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report. The Mayor asked for questions or comments from the Council and audience. There were none and the hearing was declared closed at 8:15 p.m. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. RES. 1994- 1994-168 ordering installation of Project 94-439, Diamond ORDER Path Townhouses Utility and Street Improvements. Ayes - 5 - 94-439 Nays - 0. Mr. Kelley reviewed the Planning Commission recommendation concerning MIDDLE SCHOOL Middle School No. 6 proposed on the southeast corner of County Road NO, 6 PROPOSAL 38 and Johnny Cake Ridge Road. Kevin Sullivan, of Wold Architects, and Jim Boesen, of School District 196, were present to answer questions. Councilmember Erickson asked how students will walk to school if 128th Street and Exley Avenue are cul de sacs? Mr. Sullivan said there will be a walkway from the Exley cul de sac and along Johnny Cake Ridge Road. Access at the 128th Street cul de sac will be very difficult because of the terrain. Councilmember Humphrey asked whether connecting Exley to the bus loop and making another entrance to the site was considered? Mr. Sullivan said it was but it was felt there was too much opposition from the neighborhood. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1994-169 1994-169 authorizing submitting the Comprehensive Plan MIDDLE SCHOOL amendment (from "LD and SF" to "SH") for Middle School No. COMP. PLAN 6, southeast of County Road 38 and Johnny Cake Ridge Road, AMENDMENT to the Metropolitan Council, as recommended by the Planning Commission. Counctlmember Sterling asked if the size of the cul de sacs could be reduced? Mr. Mtranowski said they are the standard design and that size is needed for fire trucks to make a turn. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1994 Page 5 Patsy Schroeder, 12970 Exley Avenue, said she has lived there for 19 years, with the street ending in a deadend, and there has not been a problem with moving trucks, snow plows, etc., turning around. A large cul de sac will be very visible and be used as a parking lot by people using the school's fields. They would rather have just a hmmmerhead turn around on the street. There is no other area in the City where a cul de sac is on school property. With no houses on the cul de sac, she expressed concern about vehicles parking there to watch children or possibly abduct them. Mr. Gretz said the teardrop design of cul de sacs is the same size as a round cul de sac. H~mmerhead turn arounds are used in very limited traffic areas. As a matter of safety, attempts are made for trucks to avoid backing up at any time. Councilmember Goodwin said people going to school activities are going to park on any streets near a school. It happens near every school whether there is a cul de sac or not. Debbie Wachter, 12950 Exley Avenue, said just seeing a cul de sac in an area that was undeveloped is the problem. A hmmmerhead turn around would not extend as deeply into the property. Deerwood Elementary School has a berm screening the street from the school and they would like something similar. MOTION: of Humphrey, seconded by Branning, amending the foregoing motion by stipulating that approval of the Middle School No. 6 site is for Plan B (building closest to Johnny Cake) and actions taken at this time are subject to a traffic engineering study on the cul de sacs and report back at the June 16, 1994, meeting. AMEND MOTION PLAN B & TRAFFIC STUDY Mr. Gretz said Mr. Van Wormer has looked at both plans and said Plan B would be preferred and cul de sacs should be provided. He will be able to provide a further report June 16th. Mayor Branning said h~mmerhead turn arounds have never been put in. The only deadends in the City are some areas where there is only one house on the street and he will not support deadends on streets this long. Councilmember Sterling asked that the landscape plan be reviewed also to screen the cul de sacs further. The Mayor asked that Patsy Schroeder and Debbie Wachter be invited to be part of the traffic study and landscape reviews with Staff. Residents asked that both cul de sacs be looked at and noted that there are only two houses on 128th Street. Evelyn Purdy, 5701 - 128th Street, said they prefer Plan B and can live with a cul de sac rather than having a street connection. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1994 Page 6 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-170 approving the preliminary plat of Middle School No. 6, with cul de sacs at 128th Street and Exley Avenue, and directing preparation of a subdivision agreement,.with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - O. RES. 1994-170 MIDDLE SCHOOL PRELIM, PLAT MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-171 authorizing issuance of a building permit to Independent School District 196 on Lot 1, Block 1, Middle SchooI No. 6 Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - O. RES. 1994-171 MIDDLE SCHOOL BLDG. PERMIT MIDDLE SCHOOL PRELIM. REPORT MOTION: of Erickson, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Middle School No. 6 Addition. Ayes 5 - Nays - 0. Mr. Kelley reviewed his memo dated May 26, 1994, concerning traffic TRAFFIC issues related to three development proposals. Glen VanWormer, of ISSUES Short, Elliot, Hendrickson; traffic consultant, has begun review of the issues. As discussed, he will have information on the Middle School site for the next meeting. He reviewed the Carroll Center planned development uses, between 153rd and 157th Streets east of Cedar Avenue. Mr. VanWormer is looking at the potential uses and traffic impacts and will have that information at the next meeting. A proposal for the area north of 140th Street and west of Cedar Avenue is before the Planning Commission now. Mr. VanWormer is preparing information of that area also and will have it available for the Planning Commission's deliberations. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-172 authorizing issuance of a building permit for an industrial office building on Lot 4, Block 2, North Star Industrial Park, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-172 TAGS/VENSTAR BLDG. PERMIT Mayor Branning asked that colored renderings of proposed buildings be available for future presentations. The Council meeting was recessed at 9:07 p.m. for the purpose of hold- an Economic Development Authority meeting. Following that meeting the City Council meeting reconvened at 9:15 p.m. EDA MEETING MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. RES. 1994-i 1994-173 authorizing issuance of a building permit for 14 NORDIC townhomes on Lot 1, Block 1, Nordic Woods 6th Addition, with BLDG. PERMi conditions and site coverage variance, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1994 Page 7 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-174 approving an amendment to the Comprehensive Guide Plan, changing the use from "CC and LD" to "MD~, for Valley Oaks Townhomes, in Palomino Oaks, as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. RES. 1994-174 VALLEY OAKS COMP. PLAN AMENDMENT ORDINANCE 575 VALLEY OAKS REZONING RES. 1994-175 INFORMATION KIOSKS R.F.P. ALFAMBULANCE SUBSIDY REBATE CLAIMS & BILLS MOTION: of Erickson, seconded by Humphrey, passing Ordinance No. 575 rezoning Lot 1, Block 1, and Lot 1, Block 2, Palomino Oaks; Valley Oaks Townhomes, from "NCC~ to "M-6B" as recommended by th~ Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwtn, adopting Resolution No. 1994-175 approving the specifications for an Interactive Multimedia Public Information System and requesting proposals to be submitted by 4:00 p.m. on June 21, 1994. Ayes - 5 - Nays - 0. Councilmember Sterling, as the City's representative on the ALF Ambulance Board, presented a check for $10,034.25. This is a rebate of the excess subsidy provided by the cities and is the equivalent of $.25 per person. MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated May 18, 1994, in the amount of $1,077,328.89; and May 26, 1994, in the amount of $3,106,191.11. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Ertckson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:27 ofclock p.m.