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HomeMy WebLinkAbout06/25/1992CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 25th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey (attended at 8:06 p.m.), and Sterling. ABSENT: None. City staff members present were: Assistant to City Administrator Weldon, City Clerk Mueller, Gity Attorney Sheldon, City Engineer Gordon, Administrative Intern Bail, Personnel Director Boland, Police Captain Erickson, Parks & Recreation Director Johnson, City Planner Kelley and Building Official Miranowski. Mayor Holton called the meeting to order at 8:00 p.m. The Gouncilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Mr. Johnson introduced Margaret Paton and Laura Ochs, Co-Chairs of 4TH OF JULY the 4th of July Committee, who reviewed activities planned for this ACTIVITIES year's celebration. They distributed flyers describing the events and thanked the Council for its support. Councilmember Humphrey attended during this time. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-162 proclaiming July 4, 1992, to be the "26th Annual Apple Valley 4th of July Celebration" and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. RES. 1992-162 PROCLAIM 4TH OF JULY AUDIENCE DISC. 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. MOTION: of Erickson, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA JUNE 9, 1992 MINUTES RES. 1992-163 D.A.R.E. DONATION CONSENT AGENDA ITEMS MOTION: of Erickson, seconded by Goodwin, approving the minutes of the regular meeting of June 9th, 1992, as written. Ayes - 5 m Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992o163 accepting, with thanks, the donation of $25.00 from Coldwell Banker for use by the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Page 2 MOTION: of Erickson, seconded by Goodwin, authorizing Americana Fireworks Company to conduct a fireworks display, subject to receipt of a certificate of insurance, on Saturday, July 4, 1992, at 10:00 p.m., east of Target Greatland at County Road 42 and Cedar Avenue. Ayes ~ 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving issuance of a dance permit for Apple Valley Parks & Recreation Department to conduct a dance on July 3, 1992, at 7:00 p.m., at Apple Valley Community Center. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-164 approving an application to Dakota County, for $10,300.00 of funding, under the Community Landfill Abatement Special Assistance Grant Program for a public education program. Ayes - 5 - Nays ~ 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-165 setting a public hearing at 8:00 p.m. on July 23, 1992, on the application of C.I.A.O., Inc., d/b/a Broadway Station Apple Valley, for on-sale wine and beer licenses at 15050 Cedar Avenue, Suite 118. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving issuance of temporary on-sale liquor licenses by the Minnesota Department of Public Safety, Liquor Control Division, to the Minnesota Zoo for after-hours events on July 8, 25 and 31, 1992. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-166 amending parking restrictions on the south side of Whitney Drive, between Garden View Drive and Hopewell Lane, by prohibiting parking, annually, from September to June 15th, Monday to Friday, 7:00 a.m. to 3:00 p.m., as recommended by the Police Chief. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-167 approving a Conditional Use Permit for Outdoor Sales and Display at Coast to Coast Store on part of Lot l, Block 1, Levine Subdivision, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-168 approving the final plat and subdivision agreement for Apple Valley Retail Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992o169 approving the final plat and subdivision agreement for Embassy Estates Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - 0. 4TH OF JULY FIREWORKS 4TH OF JULY DANCE PERMIT RES. 1992-I64 RECYCLING GRANT APP, RES. 1992-165 SET HEARING BRoADwAY STN. WINE ZOO TEMPORARY LI0. LICENSES RES. 1992-166 WHITNEY DRIVE PARKING RESTRICTIONS RES. 1992-167 COAST TO COAST CONDL. USE RES. 1992-168 FINAL PLAT A.V. RETAIL ~2 RES. FINAL PLAT EMBASSY EST. 3 CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Page 3 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-170 awarding the contract for Project 92-378, Apple Valley Retail 2nd Addition Improvements, to McNamara Contracting Co., Inc., the low bidder, in the amount of $132,665.50. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-171 awarding the contract for Project 92-387, Morningview 7th Addition Improvements, to Mille Lacs Construction, the low bidder, in the amount of $200,525.00. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-172 awarding the purchase of a dump body and snow plow equipment to Crysteel, Inc., the low bidder, in the amount of.$25,000.00. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-173 approving plans and specifications for Project 92- 395, Apple Ponds 4th Addition Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on July 16, 1992. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contracting Co., Inc., for Project 91-359, Galaxie Avenue Construction South to 160th Street, in the amount of an additional $8,324.80. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, directing the Engineer to prepare a preliminary feasibility report for Project 92-397, Installation of Utilities on Unplatted Property North of the Intersection of Galaxie Avenue and Safari Pass, for Donald S. Olson. Ayes D 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving an excavation permit to allow filling of lots in Salem Woods along 131st Court, as recommended by the Project Engineer. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving an excavation permit to allow filling of Lots 1, 2 and 3, Block 3, Hearthstone, as recommended by the Project Engineer. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Salem Woods, from $10,600.00 to $5,800.00. Ayes - 5 - Nays - 0. RES. 1992-170 AWARD CONTRACT PROJ. 92-378 RES. 1992-171 AWARD CONTRACT PROJ. 92-387 RES. 1992-172 AWARD PURCHASE SNOW EOUIPMENT RES. 1992~173 TAKE BIDS PROJ. 92-395 CHANGE ORDER 2 PROJ. 91-359 PRELIM. REPORT GALAXIE/SAFARI UTILITIES SALEM WOODS EXCAVATE PERMT HEARTHSTONE EXCAVATE PEP, MT SALEM WOODS BOND REDUCTION CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Page 4 MOTION: of Erickson, seconded by Goodwin, approving a Right of Entry Agreement for installation of monitoring wells in the right- of-way of Glenda Drive for leak detection of Conoco Gas Station on Lots 1 and 2, Block 1, Bor-Nel, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MONITORING WELL AGREEMENT CONOCO STN, MOTION: of Erickson, seconded by Goodwin, approving the Letter of Agreement for Delegation of State Building Code Adminis- tration with the State of Minnesota for inspection services, for State Project Number 920284, Zoo Grating Platform at Salt, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - 0. ZOO BUILDING INSPECTION AGREEMENT RES. 1992-174 FIRE RELIEF BYLAWS AMEND. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-174 approving an amendment to the Apple Valley Firefighters' Relief Association Bylaws changing the pension benefits of the members from $15.00 to $17.00 per month, per year of service, effective July 1, 1992, as approved by the membership on June 8, 1992. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving hiring Stephanie J. Smrekar for the position of clerk-typist/receptionist for the Police Department effective July 13, 1992, at a starting annual salary of $19,400. Aye.s - 5 - Nays - 0. HIRE SMREKAR POLICE REC. MOTION: of Erickson, seconded by Goodwin, approving hiring the HIRE SEASONAL seasonal employee as listed in the Personnel Director's memo EMPLOYEE dated June 25, 1992. Ayes - 5 - Nays - O. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:12 p.m. to con- PUBLIC HEARING sider Project 92-393, Embassy Estates 3rd Addition Utility Improve- PROJ. 92-393 ments and noted receipt of the affidavit of publication of the hearing EMBASSY EST,__3 notice. Mr. Gordon reviewed the preliminary engineering report dated May 23, 1992, describing the improvements. The Mayor asked if there were any questions or comments from the Council or the audience. There were none and the hearing was declared closed at 8:13 p.m. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. RES. 1992~175 1992-175 ordering installation of Project 92-393, Embassy ORDER PROJ. Estates 3rd Addition Utility Improvements. Ayes - 5 - 92-393 Nays - 0. Mayor Holton called the public hearing to order at 8:14 p.m. to con- PUBLIC HEARING sider Project 91-373, Fischer 1st Addition Utility and Street Improve- PROJ. 91-373 ments and noted receipt of the affidavit of publication of the hearing FISCHER notice. Mr. Gordon reviewed the preliminary engineering report dated August 20, 1991 describing the improvements. Councilmember Erickson asked what CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Page 5 the time schedule will be for installation. Mr. Gordon said, due to excavation, they are not sure what the grades are on the eastern portion and the property owner is having MarkHurd fly the area. They intend to proceed with developing the two western cul de sacs immediately. The Mayor asked if there were any questions or comments from the Council or the audience. There were none and the hearing was declared closed at 8:20 p.m. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-176 ordering installation of Project 91-373, Fischer 1st Addition Utility and Street Improvements. Ayes - 5- Nays - 0. RES. 1992-176 ORDER PROJ. 91-373 Mayor Holton called the public hearing to order at 8:21 p.m. to con- PUBLIC HEARING sider vacating a portion of 151st Street between Galaxie and Garrett 151ST STREET Avenues and noted receipt of the affidavit of publication of the yACATION hearing notice. Mr. Kelley reviewed his memo dated June 25, 1992, and said one of the conditions of closing the street is that Garrett Avenue to 153rd Street and the new street connecting County Road 42 to 15tst Street be constructed first. The area of the street will be platted as an outlet with Apple Valley Ford Addition and rededicated to the City. The City would then transfer the property to the Economic Development Authority who will lease it to Rydell Company for use as parking and outdoor display. Mayor Holton asked how additional parking for the Auto Mall is being accommodated? Mr. Kelley said the intent is to allow parking spaces to be constructed on the north side of that property. The City couldn't construct the parking but could facilitate it. Mayor Holton said he understood funds were being allocated under tax increment financing to construct it. Steve Feneis, representing the Rydell Company, said the Development Assistance Agreement listed eligible costs for reimbursement, but the Auto Mall parking is not part of those. Mr. Weldon said the tax increment financing plan shows a 75/25 split with this parking under the EDA's 25 percent share. The Mayor asked if there were any questions or comments from the Council or the audience. There were none and the hearing was declared closed at 8:31 p.m. No action was taken on the vacation at this time. Mr. Kelley reviewed his memo dated June 25, 1992, concerning Auto AUTO PARK Park (Apple Valley Ford Addition) planned development zoning. Jon P.D. REZONING Hoganson, Attorney for Rydell Company, the developer, requested two changes in the language. In Section A20-6(a)(13), they would like to delete the masonry material requirement for a fence or screening wall. Since they will need a conditional use permit for any such screening, they request the language read "material similar to and complimentary to the primary building". In Section A20-5(a)(9), they believe the limit on garage bay doors to 50 percent of the length of a building elevation facing a street is too restrictive. Both of these provisions apply to future uses and do not affect the Ford building proposed. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Page 6 Jim Price, one of the developers, said they are concerned about unduly limiting their ability to develop the future sites and want to keep some flexibility. Mayor Holton said when they have plans for the sites, demonstrating a need, they could request an amendment to the ordinance. Mr. Kelley said the ordinance could stipulate that under a conditional use permit, garage doors could be allowed on more than 50 percent of a building elevation. The conditional use permit language would set parameters under which it would be allowed. The requirement for a conditional use permit for fence or screening is probably restrictive enough and the language suggested by Mr. Hoganson would be acceptable. Councilmember Sterling asked if parking for the Auto Mall is addressed in these documents and said she does not believe it is the City's responsibility to find or pay for additional parking. Reconstruction of 151st Street is being done for Ford and any costs for parking should be from the 75 percent developer's share of tax increment financing, not the City's 25 percent. Mr. Sheldon asked if the Planned Development Agreement has been signed by Winklers, the property owners? Mr. Kelley said Michael Dougherty, of his office was meeting with them, and did not advise him of the outcome. Mr. Hoganson said he was not aware the Winklers were being asked to sign an agreement. Mr. Sheldon said sequencing is a problem in this project since the developers have not yet acquired the property, agreement to the actions is needed by the owner. This could be accomplished by escrowing the agreement until closing. MOTION: of Humphrey, seconded by Goodwin, approving the language of the draft planned development rezoning ordinance for Apple Valley Ford Addition, with revisions as discussed, and directing preparation of a corresponding planned development agreement to be signed by the property owner and/or developer. AUTO PARK P.D. AGREEMENT & ORDINANCE Mr. Sheldon noted that this is not action on rezoning; that would still be a separate action and vote by the Council. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Apple Valley Ford Addition plat which will have some minor corrections. Outlot D will be smaller and 152nd Street will not be platted, but will be dedicated by easement. Mr. Sheldon noted that approval is subject to rezoning the property. Mayor Holton questioned design of the Garrett/152nd Street intersection. Mr. Gordon said it will be a right angle intersection; Garrett will be designed with 35 m.p.h, curves; and it is anticipated there will be a stop sign on Garrett at 152nd Street. CITY OF APPLE VALLEY Dakota Gounty, Minnesota June 25, 1992 Page 7 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-177 approving the final plat and subdivision agreement for Apple Valley Ford Addition and authorizing the Mayor and Clerk to sign the same, subject to approval of the rezoning. Ayes - 5 - Nays - O. RES. 1992-177 FINAL PLAT A.V. FORD ADD RES. 1992-178 PLAT WAIVER A.V. FORD ADDN RES. 1992-179 DRIVEWAY AGCES A.V. FORD ADDN RES. 1992-180 TAKE BIDS PROJ. 92-384 RES. 1992-181 SET HEARING GARRETT VACTN. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-178 granting a temporary waiver of platting for Apple Valley Ford Addition to allow transfer of property, on a metes and bounds description basis, prior to filing the final plat. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-179 authorizing utilization of a portion of unconstructed 152nd Street right-of-way for a private driveway access to Lot 2, Block 2, Apple Valley Ford Addition. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-180 approving plans and specifications for Project 92- 384, Apple Valley Ford Addition (Auto Park) Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on July 30, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-181 setting a public hearing, at 8:00 p.m. on July 23, 1992, to consider vacating an easement for Garrett Avenue, between 151st and 153rd Streets. Ayes - 5 - Nays - 0. Mr. Weldon reviewed the proposed franchise ordinance agreement with DEA FRANCHISE Dakota Electric Association. This replaces the previous franchise AGREEMENT which expired February 9, 1992, and governs operations of the electric utility within the City's rights-of-way and other provisions. It does not impose a franchise fee on this or any other utility. MOTION: of Erickson, seconded by Sterling, passing Ordinance No. 540 amending Appendix C of the City Code by granting to Dakota Electric Association permission to construct, operate, repair and maintain an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants and others, and to use the public ways and public grounds of the City for such purposes until June 30, 2003. ORDINANCE 540 DAKOTA ELEC. FRANCHISE Councilmember Erickson asked if the City has authority to impose a franchise fee under state law? Mr. Sheldon said state law requires that there be a franchise for gas and electric utilities. It permits a franchise fee and if such a fee is imposed, the maximum is five percent. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Page 8 Councilmember Goodwin asked what would be entailed to adopt a fee? Mr. Sheldon said the Council would have to pass a separate ordinance and give 60 days written notice to Dakota Electric before it could become effective. Councilmember Sterling questioned the appropriateness of Section 10, imposing a fee on other utilities if a fee is imposed on Dakota Electric. Mr. Sheldon said Dakota Electric lobbied for that provision and it does mean that if, for example, a one percent fee is imposed on Dakota Electric, it would also be imposed on NSP and Minnegasco. Councilmember Eriekson asked if other energy suppliers can be interpreted to include suppliers of propane, fuel oil, etc? Mr. Sheldon said he does not believe so, but would have to research. Councilmember Sterling asked if the City has agreements with other utilities? Mr. Weldon said it does not have an agreement with NSP, but it does with Minnegasco. Mr. Sheldon said the City has the right in the agreement with Minnegasco to impose a fee on it. Mayor Holton said he has no problem with the "me too" clause in the franchise for other electric suppliers, but does not necessarily agree it should be applicable to all other energy suppliers. Eldon Johnson, Manager of Dakota Electric Association, was present and said they consider the clause equal protection with competitors since a fee will be perceived as part of the electric bill by customers. They have the same language in agreements with Burnsville, Hastings and Rosemount. Kim Roden, Director of Local Government Relations for Minnegasco, was present and said they are uncomfortable with the "me too" clause. They are concerned that the fee would be unfair because their competition is fuel oil not electricity. She distributed copies of Minnegasco's policy statement on franchise fees and said they do not want to be tied to a franchise where Dakota Electric is required to pay a fee to install underground lines. While the City's agreement with Minnegasco allows it to collect a fee, there is no clause allowing an adminis- trative fee like Dakota Electric's has. They believe these fees are regressive, no other suburban communities collect fees from Minnegasco at this time and they want to keep their franchise separate from Dakota Electric's. Mr. Sheldon said the law allowing cities the right to impose a franchise fee has nothing to do with need. It can simply be done as a revenue source. Councilmember Goodwin commented on other reasons for passing a franchise than a fee. He noted that if it is tied to other franchises, it would probably be politically more difficult to enact a fee than if each stood alone. Councilmember Humphrey asked what position Dakota Electric's Board has taken? Mr. Johnson said they.met today and expressed some concern about the provision in CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1992 Page 9 Section 2, allowing the City to enact other ordinances which would affect them, but agreed to approve the ordinance as written. The language in Section 10 is very important. Mayor Holton said he doesn't necessarily agree the fee section is needed at all. Councilmember Goodwin said now that levy limits have been removed for cities, he would not necessarily look at franchise fees for revenue. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Sterling). MOTION: of Humphrey, seconded by Goodwin, tabling consideration of TABLE REST. an ordinance amending restaurant standards until July 23, AMENDMENT 1992. Ayes - 5 - Nays - 0. The Council meeting was recessed at 10:14 p.m. for the purpose of EDA MEETING conducting an Economic Development Authority meeting. Following the Economic Development Authority meeting, the Council meeting reconvened at 10:45 p.m. Councilmember Sterling proposed development of a promotional campaign, A.V. "500" in conjunction with the Economic Development Committee of the Chamber of Commerce, with the goal of bringing in 500 jobs to the City in 500 days. She suggested starting July 1, 1992, and ending November 11, 1993. MOTION: of Sterling, seconded by Goodwin, authorizing Councilmember CITY/CHAMBER Sterling to work with the Economic Development Committee of PROMOTION the Chamber of Commerce to develop the "Apple Valley 500" promotional campaign. Ayes - 5 - Nays - 0. Councilmember Erickson introduced Bob O'Connor, candidate for State Representative in District 36A. Mr. O'Connor complimented the Council on developing the program and said encouraging development of jobs is one of his concerns and issues. O'CONNOR REP. CANDIDATE MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check register dated June 17, 1992, in the amount of $2,067,655.72; and check register dated June 24, 1992, in the amount of $841,952.38. Ayes - 5 - Nays D 0. CLAIMS& BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes 4 5 - Nays - 0. The meeting was adjourned at 10:52 o'clock p.m.