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HomeMy WebLinkAbout05/28/1992CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 28th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; 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, Per- sonnel Director Boland, Assistant Finance Director Eklund, Deputy City Clerk Gackstetter, Public Works Director Gretz, Utility Superintendent Heuer, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton 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 AUDIENCE DISC. WATER BILL Judith Huper, 14135 Garrett Avenue, who asked to address the Council concerning her water meter and past due bill, did not appear. Kaye Wallace, Program Coordinator for the DARTS Home Share Program, DARTS HOME was present to inform the Council about the program. It is a match- SHARE PROGRAM lng service for elderly, disabled, and handicapped persons to share their homes with an unrelated person in exchange for services or rent. A total of 144 matches have been made in the Metro area, five of them in Apple Valley. A video describing the program is available for the public at the Galaxie Library. Mayor Holton 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 AMEND MINUTES MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. MOTION: of Holton, seconded by Erickson, amending the foregoing motion by adding a paragraph and correcting page 7 of the minutes of May 14, 1992. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of MAY 14, 1992 the regular meeting of May 14th, 1992, as corrected on page MINUTES 7. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-127 accepting, with thanks, the donation of $1,000.00 from Apple Valley American Legion Post 1776 toward the purchase of a flag pole for Eastview Athletic Complex Soccer Field "C". Ayes - 5 ~ Nays - 0. MOTION: of Humphrey,.seconded by Goodwin, adopting Resolution No. 1992-128 approving a Mission Statement for the City, as detailed in Exhibit A, indicating a pledge to promote and enhance the health, safety, and general well-being of its citizens and all who visit the City. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-129 supporting Minnesota Valley Transit Authority's proposal to add mid-day bus service and partial unfeathering of the transit tax in the City. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-130 approving revised provisions for temporary restriction of lawn watering, as stipulated in the Water Conservation and Contingency Plan, and rescinding Resolution No. 1980-86. Ayes ~ 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of a temporary on-sale 3.2 beer license to Apple Valley American Legion Post 1776 for use on July 4th, 1992, at Hayes Field. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-131 appcoving an Application for Exemption from Lawful Gambling License for Sons of American Legion 1776 for an event on July 4, 1992, at 14521 Granada Avenue, and waiving any waiting period for State approval. Ayes - 5 - Nays ~ 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-132 approving the final plat and subdivision agreement for Oxford Hollow and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-133 approving the final plat and subdivision agreement for Morningview Seventh Addition and authorizing tho Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, granting a setback variance for construction of a garage addition to within 28 feet of the corner on Lot 6, Block 5, Longridge 1st Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1992-127 LEGION EAST- VIEW DONATION RES. 1992-128 CITY MISSION STATEMENT RES. 1992-129 MVTA MID-DAY BUS SERVICE RES. 1992-130 TEMP. LAWN WATER RESTRICT LEGION TEMP. BEER LICENSE RES. 1992-131 SONS OF LEGION GAMB. EXEMPT RES. 1992-132 OXFORD HOLLOW FINAL PLAT RES. 1992-133 MORNINGVIEW 7 FINAL PLAT GARAGE SET- BACK VARIANCE LONGRIDGE CITY OFAPPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 3 MOTION: of Humphrey, seconded by Goodwin, granting sign variances for Amoco on Lot 1, Block 1, Amoco Ultimate; allowing a total of six building and canopy signs and additional square footage for informational signs, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, granting setback variances for construction of three-season porches to within 34 feet of the setback for all units in Blocks 10, 11 and 12 of Oxford Hollow, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, granting a setback variance to allow construction of a new house to within 20 feet of the front lot line on Lot 16, Block 1, Cherry Oak Estates, as recommended by the Planning Commission. Ayes 5 - Nays - 0. MOTION: of Humphrey,.seconded by Goodwin, approving reduction of subdivision financial guarantees for Salem Woods, from $10,600.00 to $5,800.00, and for Huntington 5th Addition, from $53,506.76 to $15,375.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 4 to the contract with CECA Utilities for Project 91-370, Apple Ponds 3rd Addition Improvements, in the amount of an additional $2,737.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-134 approving plans and specifications for Project 92- 378, Apple Valley Retail 2nd Addition Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 18, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-135 approving plans and specifications for Project 92- 386, Delegard 2nd Addition (Whitney Plaza) Utility and Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 25, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey,'seconded by Goodwin, adopting Resolution No. 1992-136 receiving the preliminary engineering report for Project 92-393, Embassy Estates 3rd Addition Utility Improvements, and setting a public hearing on it at 8:00 p.m. on June 25, 1992. Ayes - 5 - Nays - 0. SIGN VARIANCES AMOCO PORCH VARIANCE OXFORD HOLLOW FRONT VARIANCE CHERRY OAK EST SUBD. BOND REDUCTIONS CHANGE ORDER 4 PROJ. 91-370 RES. t992-134 TAKE BIDS PROJ. 92-378 RES. 1992-135 TAKE BIDS PROJ. 92-386 RES. 1992-136 SET HEARING PROJ. 92-393 CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 4 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-137 directing the City Engineer to prepare plans and specifications for Project 92-393. Ayes - 5 - Nays - 0. RES. 1992-137 PLANS & SPECS. PROJ. 92~393 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-138 receiving the preliminary engineering report for Project 91-373, Fischer 1st Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on June 25, 1992. Ayes - 5 - Nays - 0. RES. 1992-138 SET HEARING PROJ. 91-373 RES. 1992-139 PLANS & SPECS. PROJ. 91-373 DAKOTA ELEC. CONVERSION AGREEMENTS FIRE REL ASSN. BENEFIT PROPOSAL RES. 1992-140 FIRE PAY RATE MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-139 directing the City Engineer to prepare plans and specifications for Project 91-373. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving agreements with Dakota Electric Association for conversion of overhead lines to underground on County Road 46, between Cedar Avenue and Burnsville (estimated at $373,000); and on County Road 33, between 138th Street and Rosemount (estimated at $142,500); and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, committing, in concept, to a benefit level increase to $17.00 per month, per year of service, for Apple Valley Firefighters' Relief Association members as described in the President's memo dated May 19, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-140 approving the 1992 pay rate for firefighters, of $8.00 per hour, retroactive to January 1, 1992. Ayes Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving hiring the HIRE SEASONAL seasonal employees as listed in the Personnel Director's EMPLOYEES memo dated May 28, 1992. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:11 p.m. to con- PUBLIC HEARING sider vacating part of Glenda Drive, south of 147th Street, and noted VACATE PART OF receipt of the affidavit of publication of the hearing notice. Mr. GLENDA DRIVE Kelley reviewed his memo dated May 28, 1992, describing the proposed vacation on Lot 4, Block 2, Valley Commercial Park 1st Addition. With Amoco's redevelopment of the lot, the revised street alignment will be dedicated to the City. A resolution to complete the vacation will be considered in conjunction with the final plat and subdivision agreement for Amoco. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:14 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 5 Mr. Kelley reviewed the Planning Commission report on the proposed AUTO PARK auto park development located south of County Road 42 and along both DEVELOPMENT sides of 151st Street between Galaxie and Garrett Avenues. The ap- proximately 20-acre site is proposed to be zoned for auto sales and service uses under a planned development. A right turn lane from County Road 42 and new street access east of Garrett Avenue is proposed. Sidewalk along the south side of County Road 42 from Cedar to Galaxie will be included. The portion of 151st Street through the site would be closed. It is suggested the right-of-way be rededicated to the City, as an outlot, to allow for future reconstruction if needed. From Galaxie to the site, 151st Street would be reconstructed with a concrete median. A 30,000 square foot brick building will be constructed for the new Ford dealership. The Council received information, prepared by the City's traffic consultant, estimating traffic distribution from future and existing land uses. Mr. Kelley said rather than construct 152nd Street at this time, an assessment agreement for future construction would be required. An alternative of extending Garrett Avenue to 153rd Street is being considered, but has not been discussed with adjoining landowners.. Darwin Lindahl, architect for Valley Ford, showed three concepts for revised entrances to the site from 151st Street. The concern was to provide access to the site and neighboring property, but discourage through traffic. Jim Price, of Valley Ford, said he prefers Alternate C which has a larger island and display area on the east side. Mike Grossman, of Sunnyside Chrysler, was present and questioned whether future growth and traffic are adequately projected. Mark Hebert, of the Auto Mall, was present and said his concern is having the main entry and exit designed toward the east. He would agree with Alternate C but he still believes there will be traf{ic problems on Garrett Avenue. Mayor Holton asked Mr. Hebert if medians on 151st Street will impact his business? Mr. Hebert said he would prefer not to have them. Councilmember Sterling asked if parking can be banned on 151st Street and not include medians? Mr. Price said the medians were proposed to emphasize a "grand" entrance to the site. He does not want parking allowed on the street and if the medians are not installed, the street could be narrower. The Council discussed pedestrian access through and across the site. Mr. Price said they have discusJed using pavers across the parking and display area to define a pedestrian way to the shopping area to the west. Councilmember Sterling asked if additional parking can be provided for the Auto Mall? Mayor Holton said the setback from County Road 42 can be reduced and the same parking allowed as Sunnyside has and is proposed for Ford. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 6 Councilmember Erickson asked how many Jobs will be provided by the development? Mr. Price said 150 to 200 people will be working for Ford. If the project proceeds as expected, the next phases will start next spring and should employ 25 to 50 people each in three or four stores. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-141 approving an amendment to the Comprehensive Plan, changing the land use from "RB" to "CB" for the area between 151st and 152nd Streets, for the Auto Park development, as recommended by the Planning Commission, subject to approval by the Metropolitan Council. Ayes ~ 5 - Nays - 0. RES. 1992-141 AUTO PARK COMP. PlAN AMENDMENT PREPARE P.D. ORDINANCE & AGREEMENT MOTION: of Sterling, seconded by Goodwin, directing Staff to prepare a planned development zoning ordinance and agreement to rezone the Auto Park development, located south of County Road 42 along both sides of 151st Street between Galaxte and Garrett Avenues, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-142 setting a public hearing at 8:00 p.m. on June 25, 1992, to consider vacating and closing a portion of 151st Street between Garrett Avenue and Galaxie Avenue. Ayes - 5 - Nays - O. RES. 1992-142 151ST HEARING MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-143 approving the preliminary plat of Apple Valley Ford Addition and directing preparation of a subdivision agreement, with conditions as recommended by the Planning Commission and two outlots, subject to approval of the planned development zoning ordinance. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-144 authorizing issuance of a building permit for Valley Ford on Lots 1 and 2, Block 1, Apple Valley Ford Addition, with conditions as recommended by the Planning Commission and the east site entrance revised in accordance with "Alternate C", subject to approval of the planned development zoning ordinance. Ayes - 5 - Nays - 0. RES. 1992-143 A.V. FORD PRELIM. PLAT RES. 1992~144 A.V. FORD BLDG. PERMIT MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-145 approving a Conditional Use Permit for outdoor display, sales, and storage of motor vehicles for Valley Ford on Lots 1 and 2, Block 1, Apple Valley Ford Addition, with conditions as recommended by the Planning Commission, subject to approval of the planned development zoning ordinance. Ayes - 5 - Nays - 0. RES. 1992-145 VALLEY FORD CONDITIONAL USE PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 7 MOTION: of Goodwin, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for improvements to Apple Valley Ford Addition and reconstruction of portions of 151st Street. PREPARE VALLEY FORD ENG. REPORT The Council discussed alternates for design of 151st Street west of Galaxie Avenue. Mr. Gordon said he will include three alternates in the report: the street with medians; narrowing the street and no medians; and leaving the street as is and restriping it. Mr. Price said he would prefer a narrower street. Mr. Grossman asked if Sunnyside Chrysler will have to pay for any of the improvements? The Mayor said his property would not be assessed. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, referring the request of WIRSBO Company, dated May 15, 1992, for temporary outdoor storage to the Planning Commission for a public hearing on a Conditional Use Permit. Ayes - 5 - Nays - 0. REFER WIRSBO OUTDOOR STORAGE TO PC REVOCATION HEARING FISCHER 1ST EXCAVATE PERMT CONTINUE FISCHER HEARING MANDATORY REFUSE COLL. SERVICE Mayor Holton convened the hearing, at 9:22 p.m., to consider revoca- tion of the excavation permit issued for Fischer 1st Addition, which was continued from May 14, 1992. Mr. Sheldon said the amended agreement has been received and his office is working with the agent to correct the bond. He advised that the hearing be continued until the next meeting. MOTION: of Sterling, seconded by Humphrey, continuing the revocation hearing for Fischer 1st Addition excavation permit until June 9, 1992. Ayes - 5 - Nays - 0. Mr. Weldon reviewed his memo dated May 26, 1992, concerning a proposed ordinance for mandatory solid waste collection service. State law requires cities and towns to ensure that each business and residence has contracted collection service by July 1, 1992, unless it can prove it is otherwise disposing of waste in an environmentally sound manner. intent of the legislation is to eliminate indiscriminate littering. Mayor Holton asked how it can be determined if someone has such collection service? Mr. Weldon said as long as' the ordinance provides a penalty for violation, it complies with the legislation. It would be nearly impossible to make that determination now. Mr. Melena said he believes the legislation will be changed in the future and may even require the City to do the billing as an enforcement measure. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 538 amending Chapter 11 of the City Code by requiring that every residential household and business in the City has contracted for solid waste collection service by July 1, 1992. Ayes ~ 5 - Nays - 0. ORDINANCE 538 SOLID WASTE COLLECTION CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 8 MOTION: of Sterling, seconded by Eriekson, tabling consideration of ordinances for electric utility franchises with Dakota Electric Association and Northern States Power Company until June 25, 1992, as requested by the utilities. Ayes - 5 - Nays - 0. TABLE ELECTRIC FRANCHISES Mr. Melena reviewed his memo dated May 22, 1992, concerning architec- POLICE/CITY rural services contracts for the Police Facility and City Hall. Two HALL ARCHITEC. contracts are being prepared with Cording-Natwick-Hilbert Architects. CONTRACTS One contract is for future City Hall planning, at the 147th and Galaxie site, with a fee not to exceed $20,000. The other contract is for the new Police Facility with a fee of 7.5 percent of the total bid. Final language is being prepared to define exclusions from the total bid including computer equipment and radio equipment. MOTION: of Erickson, seconded by Goodwin, approving two architec- tural services contracts with Cording Natwick-Hilbert Architects, Inc., for planning and design of Police and City Hall facilities, at 147th Street and Galaxie Avenue, as recommended in the memo dated May 22, 1992, subject to approval of final language by the City Administrator and Attorney, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. CNH ARCHITECT CONTRACTS MOTION: of Sterling, seconded by Humphrey, nominating John W. Gulla DAP REP. as the City's citizen representative to the Dakota Alliance NOMINATIONS for Prevention (DAP) and Margaret Artz as alternate representative. Ayes - 5 - Nays - 0. Mr. Melena reviewed the letter dated May 15, 1992, from Independent ISD 196 POLICE School District No. 196 concerning an agreement for D.A.R.E. and D.A.R.E AGRMT. police liaison services. He noted that the School District does not have to commit all of the funds to the City, but because the programs have been so successful they are willing to do so. He said Police Chief Rivers has led the program implementation and should be credited for the success. MOTION: of Humphrey, seconded by Erickson, approving the D.A.R.E. and Police Liaison Services Agreement with Independent School District No. 196 for the 1992-1993 school year, with the School paying $25,369.00 of the costs incurred, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - 0. D.A.R.E. & POLICE LIAISON AGREEMENT Mr. Gretz distributed.a map showing preliminary traffic counts on M.S.A. TRAFFIC Municipal State Aid streets in the City and comparing the recent COUNTING counts with those taken in 1989. It illustrates a general increase in traffic throughout the City. More detailed information will be presented to the Council at the June 9, 1992, meeting. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1992 Page 9 Mr. Melena advised the Council that closing on the Oxboro/Skipper's property is now set for May 29, 1992. He noted the difficulty in obtaining title to the property from the different ownership interests involved even though purchase price had been agreed to 60 days ago. SKIPPER'S CLOSING CANCEL JUNE/ JULY INF. MTG. MOTION: of Humphrey, seconded by Erickson, canceling the Council's informal meetings of June 18th and July 16th, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check register dated May 20, 1992, in the amount of $3,424,270.27; and check register dated May 27, 1992, in the amount of $4,239,631.60. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:07 o'clock p.m.