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HomeMy WebLinkAbout08/27/1992CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 27th, 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, City Planner Kelley, Assistant to City 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 Humphrey, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays o 0. APPROVE AGENDA Kevin Raun, ALF Ambulance Director, described the efforts of Steven GOOD NEIGHBOR Erbstoesser and James.Rhody on July 13, 1992, when they initiated AWARDS CPR to resuscitate David Kelth. Mr. Keith suffered a heart attack before a softball game at Eastview Athletic Complex. Mr. Keith was present and expressed his appreciation to them, as well as the emergency response personnel involved, for saving his life. He presented inscribed clocks to both Mr. Erbstoesser and Mr. Rhody. Mayor Holton presented "Good Neighbor" Awards to Steven Erbstoesser and James Rhody to thank them for becoming involved and responding to the emergency situation. 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 MOTION: of Humphrey, seconded by Sterling, moving consideration of Fischer 1st Addition final plat and agreement, sideyard setback variances, and an excavation permit to the regular agenda and approving all remaining items on the consent agenda with the minutes of August 13, 1992, as corrected on page 8. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of August 13th, 1992, as corrected on page 8 with the motion for Norwest Bank use of City logo seconded by Councilmember Goodwin. Ayes - 4 - Nays - 0 (Humphrey Abstained). AUG. 13, 1992 MINUTES CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1992 Page 2 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992~217 accepting, with thanks, the donation of $500.00 toward the Police Department D.A.R.E. Program from Rich Mgmt., Inc. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-218 approving the application of Apple Valley Firefighters' Relief Association for an Exemption from Lawful Gambling License for an event at Fire Station No. 1 on September 19, 1992, and waiving the waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-219 approving the application of Apple Valley Chamber of Commerce for an Exemption from Lawful Gambling License for an event at the Dakota County Western Service Atrium on November 13, 1992, and waiving the waiting period for State Gambling Board approval. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving issuance of temporary on-sale liquor licenses by the Minnesota Department of Public Safety Liquor Control Division to the Minnesota Zoological Garden for use on September 21 and October 2, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving issuance of a temporary on-sale 3.2 beer license to Midwest Sports Events, Inc., for use at Eastview Athletic Complex on September 19- 20 and 26-27, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving the updated Consignment Fare Sales Outlet Agreement with the Metropolitan Transit Commission for bus ticket sales and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Sterling, receiving the report entitled "Municipal Cemeteries: Options for the City of Apple Valley" dated August 1992 and placing it on file. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-220 approving the final plat and subdivision agreement for Sunset Place (replat of Outlot A, Fosters Addition) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, directing the City Engineer to prepare a preliminary feasibility report for utility improvements to serve Sunset Place subdivision. Ayes - 5 - Nays - O. RES. 1992-217 D.A.R.E. DONATION RES. 1992-218 FIRE RELIEF GAMBLING LIC. EXEMPTION RES. 1992-219 A.V. CHAMBER GAMBLING LIC. EXEMPTION ZOO TEMPORY LIQUOR LIC MIDWEST SPORTS BEER LICENSE MTC SALES OUTLET AGREEMENT RECEIVE CEMETERY OPTIONS REPORT RES. 1992-220 FINAL PLAT SUNSET PLACE SUNSET PRELIM. REPORT CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1992 Page 3 MOTION: of Humphrey, seconded by Sterling, approving issuance of an on-site parking permit, under City Code Section A1-62(4), to Frank Dorniden for parking up to six vehicles at 13644 Pilot Knob Road (Lot 6, Knottywoods). Ayes - 5 - Nays - 0. DORNIDEN PARKING PERMIT SUBDIVISION BOND RELEASE RES. 1992-221 SET HEARING PROJ. 92-399 TEMPORARY PERMITTED PARKING HIRE SEASONAL EMPLOYEES CONFIRM DISCHARGE MOTION: of Humphrey, seconded by Sterling, approving release of the subdivision financial guarantees for Shadow Estates and Cherry Oak Estates. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-221 receiving the preliminary feasibility report for Project 92-399, Utility Extensions to 13456 Cedar Avenue (unplatted property in Section 22), and setting a public hearing on it at 8:00 p.m. on September 24, 1992. Ayes 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, confirming temporary permitted parking on the east side of Glazier Avenue, south of 147th Street, on August 21, 1992, between 12:00 noon and 3:00 p.m., as. authorized by the Chief of Police under City Code Section 19~19. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Director's memo dated August 27, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, confirming the action taken to discharge Timothy Huseby from employment as a seasonal parks maintenance worker effective August 20, 1992. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA The Council received the draft subdivision agreement for Fischer 1st FISCHER 1ST Addition. Councilmember Sterling questioned cash payment for park ADDITION and pond dedication requirements and asked if the agreement could pro- vide for future dedication of other property instead. If the City determined to expand Lebanon Cemetery, additional property would be needed at that site. Mr. Melena said a concern is that Mr. Fischer may not own the property at the time it is needed. The Park Department recommended acceptance of cash in lieu of land. Jerry Duffy, representing Mr. Fischer, was present and said they would prefer to have the agreement provide for dedication of future property. A connection to Greenleaf Park, through the property east and north of this site, has also been discussed as a park land need. They met with Staff and the City Attorney believes such an agreement can be drafted. Mr. Kelley distributed alternate language for paragraphs 15 and 16 which would provide for an agreement. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1992 Page 4 Mayor Holton said he would be interested in pursuing acquisition of property for a potential cemetery site expansion. He asked that existing sidewalk on Fairlawn and Franchise Avenues be removed only after it is discussed with surrounding property owners. Mr. Duffy said they are concerned about the cost of burying utility lines along Galaxie Avenue and 140th Street. They will agree to do so in this subdivision, but do mot want to forego discussion of other options on future development. He noted they gave Dakota Electric easements for the lines and are now being asked to pay for replacement. Mr. Melena said other developers have been required to bury limes, but that does not preclude them from talking directly with Dakota Electric Association. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-222 approving the final plat and subdivision agreement for Fischer First Addition with alternate language for park and pond dedication requiring an agreement on the lands by September 1, 1993; amd removal of existing sidewalk on Fairlawn and Franchise Avenues at the discretion of the City; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1992-222 FISCHER 1ST FINAL PLAT & AGREEMENT MOTION: of Humphrey, seconded by Goodwin, granting a sideyard setback variance to allow construction of a porch addition to within eight feet of the south lot line on Lot 19, Block 1, Briar Oaks of Apple Valley, as recommended by the Planning Commission. SETBACK VARIANCE BRIAR OAKS William Gunckel, the property owner, was present and said he contracted with a builder to construct the porch and advised him a variance may be needed. The contract stipulated the builder would take out the building permit. When a final inspection was requested, they found that no permit had been obtained. They will take out the permit, make the necessary corrections and proceed against the builder for damages. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, granting a sideyard setback variance to allow construction of a porch addition on Lot 52, Block 1, Diamond Path 8th Addition, to within 44 feet of the adjacent unit, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. SETBACK VARIANCE DIAMOND PATH 8 EXCAVATION PERMIT HALL WOOD HIGHLANDS MOTION: of Sterling, seconded by Eriekson, approving an excavation permit to allow up to 500 cubic yards of fill to be placed on Lot 4, Block 3, Hallwood Highlands. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1992 Page 5 Mr. Gretz said the City has excess material from the retaining wall being replaced on 137th Street and this property owner offered to take the material. He will pay for the cost of hauling the material. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-223 requesting Dakota County to conduct the necessary traffic studies to determine installation of appropriate traffic control devices on McAndrews Road (County Road 38) at its intersections with: Garden View Drive, Pennock Avenue, Exit/Entrance Ramps to Cedar Avenue, Galaxie Avenue, Johnny Cake Ridge Road, and Pilot Knob Road. RES. 1992-223 McANDREWS ROAD TRAFFIC STUDY The Council received information on recent accidents at intersections with McAndrews Road since the western section was opened to traffic on July 29, 1992. Mr. Gretz said preliminary traffic counts have been taken and show 11,563 vehicles per day at the Garden View Drive intersection. Councilmember Sterling asked about plans for a signal at Galaxie Avenue. Mr. Gretz said it is in the 1993 CIP, but that portion of the road is under State control and must be turned over to the County before that happens. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Council received a letter and petition dated August 23, 1992, JORDAN 132ND from Jerome Jordan, 6118 West 132nd Street, requesting three-way stop STREET STOP signs at the western intersection of 132nd Street and 132nd Way. Mr. SIGN REQUEST Gretz reviewed his memo dated August 24, 1992, describing requirements for installation of multi-way stop signs. Traffic counts on 132nd Street indicate 970 vehicles per day and no counts have been taken on 132nd Way Police Captain Cook said their records show two accidents on 132nd Way since 1982, neither related to the 132nd Street intersection. Mr. Jordan said his house is at the bottom of the hill on 132nd Street and vehicles increase speed as they go down the hill. Traffic includes MTC buses as well as cars and signs were installed advising buses to slow down. The Police patrolled the area with radar, but because they were on the street, traffic only slowed while they were there. He is concerned about safety of children in the neighborhood. Mayor Holton said he cannot agree to installing stop signs where they are not warranted. When people are standing by a street, they tend to have a perception that vehicles traveling 30 miles per hour are actually going faster. Police Captain Cook said he lives on 132nd Street and the volume of traffic has been reduced since County Road 38 opened. The department recently purchased radar equipment capable of being used on a side street to check traffic speed. He can have it placed on 132nd Way to check speeds on 132nd Street. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1992 Page 6 Mr. Jordan asked if "hill" or "curve" signs with reduced speed limits could be installed? Mr. Gretz said they can, but they are advisory only and the Police cannot enforce the speed limits. Councilmember Humphrey said MTC policy is that bus drivers obey all traffic laws. They can be ticketed for speeding like other drivers. The Council concurred with the Police Department monitoring speed limits, but took no action on stop signs. Mr. Melena advised the Council that Valley Development Partnership withdrew its request for rezoning Lots 14-16, Block 2, Valley Commer- cial Park 2nd Addition. It is attempting to swap land with the American Legion for a site on the east side of Granada. No action is needed at this time. WITHDRAW V.C. PARK 2nd REZONING The Council received grading plans for preliminary site work for the POLICE STN. new Police facility at 147th and Galaxie. Mr. Melena said the plan GRADING PLAN allows for a temporary parking lot and an option to extend thc internal road system through the site to Galaxie Avenue. Discussions have been held with Dakota County concerning cross parking easements and the road extension. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1992-224 approving plans and specifications for Project 92- 398, Police Facility Site Grading, and authorizing advertising for bids to be received at 2:00 p.m. on September 17, 1992. RES. 1992-224 TAKE BIDS PROJ. 92-3 Councilmember Sterling said if extra fill is needed, where will the additional $50,000 come from to pay for it? Mr. Melena said it is part of the bottom line cost and will have to be part of the total project budget. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a Consultant Engineer Agreement with John F. DuBois for specifying upgrade and design of Police Facility telecommunications equipment, at a fee not to exceed $12,000.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. DUBOIS CONSULTANT AGREEMENT MOTION: of Erickson, seconded by Humphrey, setting a public hearing at 7:30 p.m. on September 16, 1992, before the Planning Commission, to consider reducing minimum building setbacks in the downtown area. Ayes - 5 - Nays - 0. SET HEARING DOWNTOWN BLDG. SETBACK MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 542 amending Chapter 10 of the City Code by basing the annual fee for filling stations on the number of positions where vehicles are fueled and setting the annual fee at $43.00 per position. ORDINANCE 5f, 2 AMEND ILL STATION LIC CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1992 Page 7 Councilmember Sterling noted that though the City will collect approximately the same total fee in 1993 as in 1992, the fees paid by individual stations will change. Councilmember Erickson said the change will relate the fee to the level of activity at a station based on the number of vehicles accommodated. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Melena advised the Council that the Dakota County Physical Devel- opment Committee met August 25, 1992, and approved the plat of Apple Valley Ford Addition.' The development can now proceed and the plat can be filed. A.V. FORD PLAT REPORT BILLING FOR UTILITY METER DEPOSIT MOTION: of Humphrey, seconded by Goodwin, receiving the Finance Director's memo dated August 27, 1992, concerning utility meter deposit procedures and approving a policy of allowing the deposit to be added to a new customer's first billing. Ayes - 5 - Nays - 0. The Council received a letter dated August 21, 1992, from Howard Glad, PALOMINO DR. 13069 Herald Circle, describing traffic concerns on Palomino Drive. TRAFFIC Mr. Melena said this road is still under control of Dakota County. The last speed limit study was done in 1984 and it might be appropriate to request another one. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-225 requesting Dakota County to request MnDOT to conduct a speed limit study on Palomino Drive (old County Road 38) between Cimarron Road and County Road 11. Ayes - 5 - Nays - 0. RES. 1992-225 PALOMINO DR. SPEED STUDY SKIPPER'S SITE CLEANUP CLAIMS & BILLS MOTION: of Goodwin, seconded by Erickson, authorizing the expendi- ture of up to $6,000.00 for site cleanup and seeding on the old Skipperfs site as requested in the City Administratorts memo dated August 27, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, to pay the claims and bills, check register dated August 19, 1992, in the amount of $1,917,326.15; and check register dated August 26, 1992, in the amount of $348,695.18. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:20 o'clock p.m.