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HomeMy WebLinkAbout07/23/1992CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 23rd, 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, Administrative Intern Bail, Finance Director Ballenger, Personnel Director Boland, Police Captain Cook, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to City Administrator Weldon and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:10 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 - O. APPROVE AGENDA Mayor Holton asked if.anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Perry Engle, SEMI TRUCK 15703 Hershey Court, said he has lived at this house for 12 years and PARKING had his semi-tractor parked in his driveway for 11 years. He has now been advised the vehicle cannot be parked there and was given 90 days to get it off the premises. The vehicle contains valuable equipment and cannot be parked unattended. He said he cannot find another place to park it when it is not in use. He is going to sell his house and move out of the City, but will not be able to move by the August 3, 1992, deadline given. He asked for .a time extension to relocate. MOTION: of Humphrey, seconded by Erickson, granting a 90-day extension, from August 1, 1992, to Perry Engle, 15703 Hershey Gourt, to allow relocation of his semi-tractor truck and authorizing the City Administrator to grant an additional 90 days if necessary. Ayes - 5 - Nays - 0. ENGLE SEMI TRUCK PARKING EXTENSION CONSENT AGENDA JULY 9, 1992 MINUTES MOTION: of Sterling, seconded by Humphrey, moving application for acquisition of Outlot A, Summerfield to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 ~ Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meetimg of July 9th, 1992, as written. Ayes ~ 4 - Nays - 0 (Holton Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1992 Page 2 MOTION: of Sterling, seconded by Humphrey, 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 August 7, 18, 22 and 26, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving an Agreement with Macromedia Technologies, Inc., for production of a color, computer animated video presentation of the Downtown, at a cost not to exceed $7,500.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving Supplement No. 2 to the existing Cooperation Agreement for the Dakota County Community Development Block Grant Program, certifying compliance with applicable laws and regulations, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. ZOO TEMPORARY ON-SALE LIQUOR MACROMEDIA DOWNTOWN VIDE0 AGREEMENT SUPPLEMENT #2 CDBG PROGRAM AGREEMENT MOTION: of Sterling, seconded by Humphrey, granting a setback VARIANCE variance to allow construction of a porch addition to within REAR 23 feet of the rear lot line on Lot 11, Block 3, The Oaks of OAKS OF Apple Valley, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-195 approving a Conditional Use Permit for Outdoor Sales and Display at Paul's South Cedar Service, Union 76, on Lot 4, Block 3, Valley Commercial Park 1st Addition~ with conditions as recommended by the Planning Commissiom Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-196 awarding the contract for Project 92-391, Deep Well No. 15, to Keys Well Drilling, the low bidder, in the amount of $131,040.00. Ayes ~ 5 - Nays - 0. MOTION: of Sterling, .seconded by Humphrey, adopting Resolution No. 1992-197 awarding the contract for Project 92-395, Apple Ponds 4th Addition Street Improvements, to McNamara Contracting, the low bidder, in the amount of $53,840.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-198 approving plans and specifications for Project 92- 393, Embassy Estates 3rd Addition Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on August 10, 1992. Ayes - 5 - Nays ~ 0. RES. 1992-195 SOUTH CEDAR UNION 76 CONDL USE PERMIT RES. 1992 - 196 AWARD CONTRACT PROJ. 92-391 RES. 1992-197 AWARD CONTACT PROJ. 92-395 RES. 1992-198 TAKE BIDS PROJ 92-393. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1992 Page 3 MOTION: of Sterling, seconded by Humphrey, approving reduction or release of sdbdivision financial guarantees as follows: Radcliff Townhomes, from $81,564.00 to $15,000.00; Broner Woods, from $3,115.50 to 0; Embassy Estates 1st Addition, from $40,000.00 to 0; and Pilot Knob Estates 7th Addition, utility items - from $60,000.00 to $10,000.00, and land- scaping ~ from $54,000.00 to O. Ayes - 5 - Nays - O. SUBDIVISION BOND REDUCTIONS MOTION: of Sterling, seconded by Humphrey, approving a Subgrant Agreement with the Minnesota Department of Natural Resources for an America the Beautiful Forestry Assistance Grant, in the amount of $3,000.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. FORESTRY GRANT AGREEMENT MOTION: of Sterling, seconded by Humphrey, authorizing release of Lot 2, Block 1, Apple Valley Commons, from the Assessment Agreement and Contract for Private Development, both dated June 10, 1985, and authorizing the Mayor and Clerk to execute the Quit Claim Deed, as recommended by the City Attorney. Ayes - 5 - Nays - 0. A.V. COMMONS PART RELEASE OF INTEREST RENEW MIDWEST EAP AGREEMENT. HIRE PART TIME EMPLOYEES SETTLE FISCHER DRAINAGE CONDEMNATION MOTION: of Sterling, seconded by Humphrey, approving renewal of an annual Service Contract with Midwest Employee Assistance Program, Inc., effective July 1, 1992, at a cost of $2,112.50, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, approving hiring the part time employees as listed in the Personnel Directorts memo dated July 23, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving settlement, and authorizing preparation of docUments, with Richard and Louella Fischer, on property south of County Road 42, of the condemnation proceedings for acquisition of drainage swale easement and easement for the pumping station at the south end of Foliage Avenue in the amount of $50,800.00. Ayes - 5 - Nays - O. END OF CONSENT AGENDA The Council received a memo, dated July 20, 1992, from the City SUMMERFIELD Attorney concerning acquisition of Outlot A, Summerfield. Council- PARK PROPERTY member Sterling asked if there were costs to the City for acquiring the property now that it had been tax forfeited? Mr. Sheldon said there is no cost involved. Mr. Johnson said the deed was not recorded because the property had not been improved to acceptable park standards and taxes were not paid. Procedures have changed to ensure this does not happen in the future. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1992 Page 4 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-199 approving an Application for Conveyance of Tax Forfeited Lands to acquire Outlot A, Summerfield, for park purposes, from the State of Minnesota, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1992- 199 APPLY FOR O.L. A, SUMMERFIELD STATE AUDITOR The Council received the City Administrator's memo dated July 20, 1992, concerning the State Auditor's report on per capita spending by SPENDING cities. Mr. Melena reviewed the information noted that it should be REPORT clarified in that it combines all spending and does not recognize differences in public enterprise operations or services provided. The report places Apple Valley about in the middle of the cities being analyzed. The Council concurred with the conclusion that the issues involving property tax rates relate more to what spending items have been voter-approved and how service fees are used to offset costs. Mayor Holton called the public hearing to order at 8:21 p.m. to con- PUBLIC HEAR'lNG sider the application of C.I.A.O., Inc., d/b/a Broadway Station Apple BROADWAY S'j~ Valley, for on-sale wine and beer licenses, and noted receipt of the WINE & BEER~ affidavit of publication of the hearing notice. The restaurant is located at 15050 Cedac Avenue, Suite 118. 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 8:22 p.m. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1992-200 approving issuance of on-sale wine and on-sale beer licenses to C.I.A.O., Inc., d/b/a Broadway Station Apple Valley, at 15050 Cedar Avenue, Suite 118, subject to approval by the Minnesota Commissioner of Public Safety. Ayes - 5 - Nays - 0. RES. 1992-200 BROADWAY STN. LICENSES Mayor Holton called the public hearing to order at 8:23 p.m. to con- PUBLIC HEARING sider vacating an unconstructed portion of Garrett Avenue, between VACATE PART OF 151st and 153rd Streets, and noted receipt of the affidavit of publi- GAiLRETT A~ ..... cation of the hearing notice. Mr. Kelley reviewed his memo describing the proposal. The area is being replatted as Apple Valley Ford Addition. An easement for a street following the Garrett Avenue alignment is not part of the proposal. In order to record a plat on the property, it is necessary to vacate the unneeded easement. 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 8:24 p.m. MOTION: of Erickson,.seconded by Goodwin, adopting Resolution No. 1992-201 completing the vacation of unconstructed Garrett Avenue, between 151st and 153rd Streets, in Section 34, and directing the filing of the Notice of Completion of such vacation with Dakota County. Ayes - 5 - Nays - 0. RES. 1992-201 COMPLETE GARRETT AVE VACATION CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1992 Page 5 MOTION: of Goodwin seconded by Erickson, adopting Resolution No. 1992-202 completing the vacation of part of 151st Street, from a point approximately 200 feet east of Garrett Avenue to the new street connecting to County Road 42, in Section 34, and directing the filing of the Notice of Completion of such vacation with Dakota County. Ayes - 5 - Nays - 0. RES. 1992-202 COMPLETE 151ST ST. VACATION MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 541 amending Appendix A of the City Code by, adding Article A20, rezoning the property being developed as Apple Valley Ford Addition to planned development district and establishing specific performance standards therefor. ORDINANCE 541 A.V. FORD P.D. ZONING Councilmember Sterling asked what types of signs are allowed in this zone? Mr. Kelley said Section A20-6(e) details the permitted signage. It is the same as permitted under general City sign regulations except additional monument entry signs, at each driveway access to a public street, are allowed in conformance with specified criteria. Councilmember Sterling asked if any business addresses along 151st Street will change due to the street vacation? Mayor Holton said the only current business with an address on 151st Street is the Auto Mall. The new street connecting to County Road 42 will be named in accordance with the County system. Mr. Kelley said any future businesses south of 151st Street would have that address unless they had frontage on Galaxie Avenue. He will check with the County to determine if those businesses having frontage on County Road 42 can use that address. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Humphrey Abstained) Mr. Welsch reviewed his memo dated July 20, 1992, concerning WIRSBO's application for an outdoor storage conditional use permit. The temporary storage area is already in place and fenced, but the fence is not in conformance with the Planning Commission recommendation. WIRSBO TEMP. STORAGE CUP RES. 1992-203 WIRSBO TEMP. STORAGE CUP MOTION: of Goodwin, seconded by Sterling, adopting Resolution No.' 1992-203 approving a Conditional Use Permit for temporary outdoor storage for WIRSBO on Lot 1, Block 1, Wirsbo Addition, with conditions as recommended by the Planning Commission; for a period not to exceed three years or the construction and occupancy of Phases II and III, whichever occurs first. Mayor Holton questioned the type of fence proposed. Mr. Welsch said the existing fence has no top rail and they propose to use a type of plastic sheeting for screening. The resolution requires screening in conformance with the City Code. The Council discussed options for screening and concurred the company should work with Staff to determine appropriate material. They suggested use of slatting or canvas would be acceptable. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1992 Page 6 Mr. Kelley reviewed the Planning Commission report on the request of NORWEST BANK Norwest Bank for a sign variance. An LB zone allows an eight-foot SIGN VARIANCE high ground sign. The Bank is requesting a 24-foot high pylon sign. The Planning Commission did not believe the request meets the criteria for granting a variance. Joe Ryan, the developer, and Shelley Bourland, Manager of the Bank, were present to describe the request. Mr. Ryan said the sign requested is 16 feet higher than allowed, but they are only about 100 feet north of the zoning district where a pylon sign would be allowed. The other banks in the City have pylon signs and not having one would put them at a disadvantage. They have discussed the option of raising the grade by 11 feet to bring the sign up to a 24-foot height, but would prefer not to do so. Councilmember Humphrey said he believes an eight-foot sign will easily be visible on Cedar Avenue. He questioned whether the conditions of their grading permit would allow changing the grade as much as 11 feet. MOTION: of Erickson, seconded by Sterling, denying the request of Norwest Bank for a variance to install a 24-foot high pylon sign on the southwest corner of the intersection of 143rd Street and Cedar Avenue as recommended by the Planning Commission. DENY NORWEST BANK SIGN VARIANGE Councilmember Goodwin said he does not agree with a 24-foot high sign, but there is probably some middle ground between the sign requested and the eight-foot high sign allowed. Councilmember Sterling said she does not agree with the 24-foot high sign requested. LB zoning is different from GB zoning and should be recognized. Mayor Holton asked how a grading permit process is handled? Mr. Kelley said a change from the existing grading plan would require a new permit. This permit must be approved by the Council before they could proceed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Welsch reviewed his memo dated July 20, 1992, concerning a zoning OUTDOOR ordinance amendment providing for outdoor sales and display. Council- & DISPLAY member Sterling noted that the businesses that wanted outdoor display areas have already received conditional use permits. She asked for further discussion before changing the ordinance. MOTION: of Sterling, seconded by Goodwin, tabling consideration of an ordinance amendment providing for outdoor sales and display for discussion at the September 17, 1992, informal meeting. Ayes - 5 - Nays - 0. TABLE OUTDOOR SALES & DISP ORDINANCE CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1992 Page 7 MOTION: of Goodwin, seconded by Humphrey, passing an ordinance amending Appendix A of the City Code regarding setbacks necessary for Class II restaurants. FAST FOOD RESTAURANT SETBACKS Councilmember Humphrey asked for clarification of which sections of the Code are being amended and asked that future amendments show all the language of a section, not just that being amended. Councilmember Erickson questioned the distance from single family homes that fast food restaurants would be allowed. He would like some type of sliding scale with more stringent restrictions closer to residential areas. MOTION: of Sterling, seconded by Goodwin, tabling consideration of an ordinance amendment regarding setbacks for Class II restaurants for discussion at the September 17, 1992, informal meeting. Ayes - 5 - Nays - 0. TABLE CLASS II RESTAURANT ORDINANCE The Council meeting was recessed at 9:35 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 10:03 p.m. Mr. Kelley reviewed the request for a parking lot setback variance AUTO MALL for the Auto Mall, 7125 West 151st Street. An eight-foot setback PARKING LOT from County Road 42 is being requested rather than the 15 feet required. He noted these variances typically are submitted to the Planning Commission before coming to the Council, but this is being presented tonight because the EDA had considered the assistance agreement for parking lot reconstruction. MOTION: of Goodwin, seconded by Humphrey, granting a setback variance to allow reconstruction of the parking lot to within eight feet of the County Road 42 right-of-way on Lot 1, Block 1, Southport 4th Addition, as presented in the application dated July 23, 1992, subject to adding a berm to shield vehicle headlights. VARIANCE AUTO MALL PARKING LOT Councilmember Humphrey asked if there will be room for a berm in the setback area? Mr. Kelley said there is minimal space, but a two-foot high berm should be able to be constructed. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check register dated July 15, 1992, in the amount of $1,435,511.12; and check register dated July 22, 1992, in the amount of $3,433,807.88. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:09 o'clock p.m.