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HomeMy WebLinkAbout08/25/1994CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 2§th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson, Humphrey, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Community Development Director Kelley, and Planning Intern Kragness. 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 - 4 - Nays - 0. APPROVE AGENDA Margaret Paten, Co-Chair of the 4th of July Committee, was present to JULY 4TH report on the celebration activities and parade which were very suc- REPORT cessful. It was estimated that over 20,000 people watched the parade. She thanked the Council for its support and funding and the City Departments for their assistance. MOTION: of Sterling, seconded by Ertckson, adopting Resolution No. 1994-258 commending and thanking the 4th of July Committee for its work on the "28th Annual 4th of July Celebration". Ayes - 4 - Nays - 0. RES 1994-258 TH~2qKJULY 4TH COMMITTEE 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. Craig Hanson, 132ND & JOHNNY 6020 West 132nd Street, expressed concern about traffic, speed limits CAKE SPEED and lack of police patrol in the area of 132nd Street and Johnny Cake Ridge Road. Mr. Gretz said the Public Works Department has been taking traffic counts in the area and will have a request for a spe~d limlt-~tud~y~n Johnny Cake Ridge Road for the Council's September 8th meeting. Councilmember Erickson asked that the Police Department be advised to increase patrols also. Mr. Hanson said he has noticed more patrols there lately. Mark Alland, 6001 West 132nd Street, asked when 140th Street will reopen and how many new homes are being built in that area? Mr. Gretz said 140th Street is scheduled to open October 1st. Mr. Kelley said the new subdivisions will have about 800 homes. MOTION: of Sterling, seconded by Humphrey, moving membership in Dakota Citizens Forum to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA CITY OF APPLE VA~J.~Y Dakota Gounty~ Minnesota August 25, 1994 Page 2 CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of August llth, 1994, as written. Ayes - 4 ~ Nays - 0. MOTION: of Sterling, seconded by Humphrey, authorizing closing part of 147th Street, at Galaxie Avenue, for the Ring-Around-The- Arts Festival on September 17 and 18, 1994, as requested in the Parks & Recreation Director's memo dated August 12, 1994. Ayes - 4 - Nays - O. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-259 supporting the adopting and enactment of the proposed County-wide Juvenile curfew ordinance. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-260 approving the application of Arc Suburban for an Exemption from Lawful Gambling License for a raffle on November 18, 1994, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving issuance of a party permit to Kent Hartzler, for Greenstreets Softball Team, for a picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on August 27, 1994, only. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving issuance of a Christmas Tree Sales Lot License to Boy Scout Troop 205 for a lot on the northeast corner of 142nd Street and Cedar Avenue. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the agreement with First Trust National Association for standing approval to replace lost or destroyed bonds and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving reappolntment of Jim Robinette and William Wendler to the Vermillion River Watershed Management Commission Board. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-261 approving specifications for a Digital Dictation System for the Police Facility and authorizing advertising for bids to be received on September 13, 1994, at 2:00 p.m. Ayes - 4 - Nays - 0. AUG. 11, 1994 MINUTES RING-AROUND- THE-ARTS STREET CLOSING RES. 1994-259 COUNTY CURFEW RES. 1994-260 ARC SUBURBAN GAMB, EXEMPT, ALIMAGNET PARTY PERMIT CHRISTMAS TREE LOT LIGENS? BOND REPLACE AGREEMENT VERMILLION WMO REAPPOINTMENTS RES. 1994-261 TAKE BIDS DICTATION S¥S, CITY OF APPLE VAT].k~Y Dakota County, Minnesota August 25, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-262 approving the final plat and subdivision agreement for Diamond Path Townhouses and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-263 approving the final plat and subdivision agreement for C.I.C. No. 128 Foxmoore Ridge Two and authorizing the Mayor and Glerk to sign the same. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-264 ordering installation of Project 94-351, Alimagnet Landing Utility & Street Improvements. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-265 authorizing issuance of a subdivision grading permit for Cedarwick, as recommended by the City Engineer. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-266 receiving the preliminary engineering report on Project 94-462, Zoo Environmental School Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on September 22, 1994. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-267 approving plans and specifications for Project 94- 427, Waterford Village Utility and Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on September 15, 1994. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-268 awarding the contract for Project 94-439, Diamond Path Towr~aomes Utility and Street Improvements, to Brown & Crls, the low bidder, in the amount of $189,874.40. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-269 awarding the contract for Project 94-446, Foxmoore Ridge Two Utility Improvements, to Richard Knutson, Inc., the low bidder, in the amount of $135,975.18. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, approving Change Order No. 4 to the contract with Rtchard Knutson, Inc., for Project 93-404 and 93-410, High Point and Pennock Point Utility and Street Improvements, in the amount of a $16,695.50 deduct. Ayes - 4 - Nays - 0. RES. 1994-262 DIAMOND PATH TH FINAL PLAT RES. 1994-263 FOXMOORE TWO FINAL PLAT RES. 1994-264 ORDER PRO3ECT 94-351 RES. 1994-265 CEDARWICK GRADING PERMIT RES. 1994-266 SET HEARING PROJ, 94-462 RES. 1994-267 TAKE BIDS PRO3. 94-427 RES. 1994-268 AWARD CONTRACT PROJ, 94-439 RES. 1994-269 AWARD CO~TRAUT~- PROJ, 94-446 CHANGE ORDER 4 PROJ. 93-404 & 93-410 CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1994 Page 4 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Humphrey, approving Change Order No. 1 to the contract with Master Asphalt Co. for Project 94-435, Lampert's Storage and Parking Lot, by extending the completion date to September 16, 1994. Ayes - 4 - Nays - O. of Sterling, seconded by Humphrey, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 94-437, 1994 Street Maintenance, by extending the completion date to October 1994. Ayes - 4 - Nays - O. of Sterling, seconded by Humphrey, accepting Project 92-384, Auto Park/Apple Valley Ford Addition Utility and Street Improvements, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $2,920.05. Ayes - 4 - Nays - O. of Sterling, seconded by Humphrey, accepting Projects 93-404 and 93-410, High Point and Pennock Point Utility and Street Improvements, as final and authorizing final payment on the contract with Richard Knutson, Inc., in the amount of $18,833.50. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-270 ordering installation of stop signs on Garrett Avenue at 155th Street; on Garrett Avenue at 157th Street; and on Geneva Way at the Cedar Avenue service road. Ayes 4 - Nays - 0. of Sterling, seconded by Humphrey, approving hiring Kathleen L. Bodmer for the full-time position of Assistant Planner effective September 12, 1994, as described in the Personnel Report dated August 25, 1994. Ayes - 4 - Nays - O. of Sterling, seconded by Humphrey, approving hiring Thomas J. Lovelace for the full-time position of Assistant Planner effective September 12, 1994, as described in the Personnel Report dated August 25, 1994. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated August 25, 1994. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, approving contracting with GUI Career Temps for Public Works Department secretarial services through January 1, 1995, as described in the Personnel Report dated August 25, 1994. Ayes - 4 - Nays - 0. CHANGE ORDER 1 PROJ. 94-435 CHANGE ORDER 1 PROJ. 94-437 FINAL PAYMENT PROJ, 92-384 FINAL PAYMENT PROJ. 93-404 ~ 93-410__ RES. 1994-270 STOP SIGNS HIRE BODMER ASST. PLANNER HIRE ASST, PLANNER HIRE PART-TIME EMPLOYEES TEMPORARY SECRETARIAL SERVICES END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1994 Page 5 Gouncilmember Erlckson asked for discussion of renewing membership DAKOTA CITIZEN to Dakota Citizens Forum and why it was recommended not to be renewed? FORUM Councilmember Sterling said she attended several meetings and it appears to focus more on School District issues than City issues as well as duplicate Community Action Council efforts. Councilmember Humphrey said he attended the transportation forum conducted by it in February and found it very worthwhile. Mayor Branning expressed concern that someone from the Gouncil is expected to attend these meetings. He is not able to do so and other members have not attended either. If membership is renewed, he asked that Councilmembers Ertckson and Humphrey attend meetings. MOTION: of Ertckson, seconded by Humphrey, approving renewing membership to the Dakota Citizens Forum as requested in its letter of July 18, 1994. Ayes - 2 (Ertckson and Humphrey) - Nays - 2 (Branning and Sterling). Motion Failed. DAKOTA CITIZEN FORUM MEMBERSHIP Alan Kretman, the City's planning consultant, reviewed the Planning EAST SIDE Commission recommendation on the proposal for an addition to the Best MARIO'S/BEST Buy Store, an addition for future retail and a free standing restaur- BUY PROPOSAL ant on Lot 3, Block 1, Southport 2nd Addition. The restaurant, East Side Mario's, will require a conditional use permit for on-sale liquor. The restaurant has not been able to acquire driveway access to the Target/Best Buy parking lot. It will have access to. 153rd Street in accordance with the traffic engineer's recommendation. Since the Planning Gommission review, discussions have been held moving the patio area of the restaurant to the south side of the building and ~ developers are agreeable. The Planning Commission recommended access to the patio be gained only from within the building since liquor sales will be allowed there. Mayor Branning called the public hearing to order at 8:30 p.m. to PUBLIC HEARING consider the application of Mario's Midwest, Inc., d/b/a East Side EAST SIDE Marlo's, for an On-Sale and Sunday Liquor Sales License and noted MARIO LIOUOR receipt of the affidavit of publication of the hearing notice. The application is for the restaurant to be constructed on Lot 3, Block 1, Southport 2nd Addition. Issuance of the license will be held until applicant submits the required bond and insurance documents. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:32 p.m. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1994-271 approving a Conditional Use Permit for On-Sale Liquor Sales for East Side Mario's on Lot 3, Block 1, Southport 2nd Addition, with conditions as recommended by the Planning Commission. RES. 1994-271 EAST SIDE MARIO'S C,U,P. Councilmember Humphrey said he objects to the condition of access to the patio from the building only since it is a restaurant and liquor sales will be handled CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1994 Page 6 by staff. Mr. Gretz said he discussed this with the Police Department and they did not foresee a problem with allowing other access. Jim Greupner, representing the developer, said they will have a 32-inch high fence surrounding the patio and prefer to control access as part of their operations. MOTION: of Humphrey, seconded by Erlckson, amending the foregoing motion by removing the requirement for the patio to be accessible only from the building and changing the site plan to that with approval date of August 25, 1994. Ayes - 4 - Nays - O. AMEND MOTION Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. RES. 1994-272 1994-272 authorizing issuance of a building permit on Lot 3, BEST BUY ADDN Block 1, Southport 2nd Addition, for an addition to Best Buy /MARIO'S and future retail space and an East Side Mario's restaurant BLDG, PERMIT with conditions as recommended by the Planning Commission. Mr. Greupner showed pictures of East Side Mario's building exterior and interior and described its operation. He distributed a sketch showing the building rotated 60° with the patio on the south side. Mayor Branning asked if they would consider moving the building so the patio is adjacent to the sidewalk on 153rd Street? Mr. Greupner said they would look at that. MOTION: of Humphrey, seconded by Erickson, amending the foregoing motion by changing the site plan to that with approval date of August 25, 1994, or revised as agreed upon between East Side Marlo's and City Staff to expose the patio to the streetscape. Ayes - 4 - Nays - O. AMEND MOTION Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 9:02 p.m. to PUBLIC HEARING consider vacating easements on Lot 1, Block 1, East Valley Plaza, EASEMENT which will be replaced with replatting the property as Foxmoore Ridge VACATI© Two, and noted receipt of the affidavit of publication of the hearing notice. He asked for questions or comments from the Council and the public. ~: were none and the hearing was declared closed at 9:30 p.m. MOTION: of Ertckson, seconded by Sterling, adopting Resolution No. 1994-273 completing vacation of drainage and utility easements on Lot 1, Block 1, East Valley Plaza. Ayes - 4 - Nays - 0. RES. 1994-273 VACATE EASEMT. FOXMOORE TWO The Council received the City Clerk's memo dated August 22, 1994, listing the schedule of meetings for the remainder of the year. CITY OF APPLE VAIJ.EY Dakota County, Minnesota August 25, 1994 Page 7 MOTION: of Sterling, seconded by Erickson, setting an informal SET INFORMAL meeting, at 7:00 p.m., on September 1, 1994, to continue MEETING review of the proposed 1995 Budget. Ayes - 4 - Nays - 0. Councilmember Sterling said the University of Minnesota is promoting GOPHER A.V. its football games by holding "Apple Valley Football Night" on Sep- FOOTBALL NIGHT tember 10, 1994. Special seats are available for Apple Valley residents and tickets are discounted. Ticket information is available from Steve Crawford at 624-7367. Mayor Branntng suggested Council and Staff be encouraged to attend. Mayor Branntng reported that the MVTA met on August 24, 1994, and awarded a contract for construction of its new transit hub which will be located at Nicollet Avenue and Highway 13 in Burnsvtlle. MVTA MEETING CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills excluding check number 110129 to Bonestroo, Rosene, Anderlik & Associates, in the amount of $136,397.59 for additional information; check registers dated August 17, 1994, in the revised amount of $1,409,471.36; and August 24, 1994, in the amount of $1,111,153.94. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:10 o'clock p.m.