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HomeMy WebLinkAbout04/25/1991CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 25th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembsrs Erickson, Goodwin, Humphrey and Sterling. ABSENT: Mayor Holton. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Asselanis, Finance Director Ballenger, Planning Intern Benson, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Acting Mayor Humphrey called the meeting to order at 8:00 p.m. Members of Cub Scout Troop 205 led the Councilmembers and everyone in attendance in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA Acting Mayor Humphrey introduced Charles Kohls, who is retiring on April 30, 1991, after 25 years of employment with the City. He pre- sented a "key to the City" to Mr. Kohls who expressed his appreciation to the Council and his co-workers. KOHLS RETIREMENT The Acting Mayor asked if any one was present to address the Council AUDIENCE DISC. at this time on any item not on this meeting's agenda. Leona Fink, SENIOR CITIZEN 7800 Whitney Drive, presented a petition, with 62 signatures, in BUILDING favor of a proposal to move the First Federal Building to a site near Apple Valley Villa for use as a senior center. She said they believed the building would be a start, but might need something larger; such as the old liquor store building. The Council accepted the petition and took no action. The Council received a petition from 26 residents of Cobblestone Manor C.R. 38 Townhomes asking that a sound deadening wall be constructed between NOISE WALL their property and new County Road 38. Mr. Gretz said the County is working on designs for the road and the noise and screening concerns Should be resolved as the plans are completed. The Council accepted the petition and took no action. MOTION: of Erickson, seconded by Goodwin, tabling consideration of a CDBG industrial market study until the next meeting and approving all remaining consent agenda items with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Page 2 CONSENT AGENDA ITEMS MOTION: of Erickson, seconded by Goodwin, approving the minutes of the regular meeting of April 11th, 1991, as written. Ayes - 3 - Nays - 0 (Sterling Abstained). MOTION: of Erickson, seconded by Goodwin, proclaiming April 29 to May 3, 1991, to be "Golden Eagle Week" honoring the educators and staff of Apple Valley High School. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-84 approving renewal of a gambling license for Apple Valley American Legion Auxiliary Unit 1776, at 14521 Granada Drive, by the Minnesota Charitable Gambling Control Board. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing issuance of four temporary on-sale liquor licenses, by the Minnesota Department of Public Safety to the Minnesota Zoo for use on May 6 and 31, 1991, and June 14 and 21, 1991. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving issuance of a party permit to Lori Banks and Randy Scott, 7679 Whitney Drive, for a reception at Alimagnet Park, pursuant to City Code Section 14.5(g)(1), valid on June 8, 1991, only. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving a license to collect refuse in the City for Nitti Disposal, Inc., for 1991. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving a permit to perate a filling station for Mermaid Car Wash for 1991. Ayes - 4 - Nays ~ 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-85 awarding the purchase of a dump body and snow plow equipment for the Street Department, to Crysteel, Inc., the low bidder, in the amount of $20,925.00. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-86 approving changing the name of 136th Street West, as platted in Eagle Hills First and Eagle Hills Second, to Gardenia Court. Ayes - 4 - Nays - 0. APR. 11, 1991 MINUTES PROCLAIM STAFF TEACHER APPRECIATION RES. 1991-84 RENEW LEGION AUXILIARY GAMBLING LIC ZOO TEMPORARY LIQUOR LICENSE ALIMAGNET PARTY PERMIT: NITTI DISPOSAL LICENSE MERMAID FILLNG STN. PERMIT RES. 1991-85 AWARD PURCHASE SNOW EQUIP, RES. 1991-86 CHANGE 136TH TO GARDENIA CT CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Page 3 MOTION: of Erickson, seconded by Goodwin, granting setback variances for a house addition on Lot 58, Block 1, Greenleaf 11th Addition (14166 Elgin Court) to allow construction to within 26 feet of the front lot line and to within six feet of the north side lot line as recom- mended by the Planning Commission. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Goodwin, tabling consideration of a Community Development Block Grant Industrial Market Study until the next meeting. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-87 certifying completion of building construction and improvements as specified in the Development Agreement, dated December 21, 1989, with Apple Valley Building Associates for the Clinic expansion. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-88 certifying completion of a covered walkway as specified in the Development Agreement, dated December 21, 1989, with Apple Valley Building Associates for the Clinic expansion and authorizing reimbursement of $56,675.00 of construction costs. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving reduction of the financial guarantee for Apple Ponds 2nd Addition from $140,790.50 to $108,038.00. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Goodwin, authorizing the expenditure of $151,000.00 for converting existing overhead utility lines to underground along Pilot Knob Road from just south of Diamond Path to the Eagan boundary. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving a Stipulation for Settlement of the appeal of Assessment Roll No. 281 with Ann Feiner for Parcel No. 01-02200-070-29 for an amount of $13,500.00 and with Kayla Slavik for Lot 1, Block 1, Feiner 1st Addition, for an amount of $10,500.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving a special use permit, under City Code Section A1-23, for Von Hanson's Meats, at 7533 West 148th Street, for temporary outdoor food sales on Fridays and Saturdays through September 1, 1991. Ayes - 4 - Nays - 0. SETBACK VARIANCES 14166 ELGIN CT TABLE IND. MARKET STUDY RES. 1991-87 CLINIC CERT. OF COMPLETION. RES. 1991-88 CLINIC WALKWAY CERTIFICATE OF COMPLETION APPLE PONDS 2 BOND REDUCTION UNDERGROUND LINES ALONG PILOT KNOB RD. FEINER/SLAVIK ASSESSMENT SETTLEMENT VON HANSON'S SPECIAL USE PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Page 4 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-89 approving plans and specifications for Projects 91-363, 1991 Street Maintenance Program; 88-312, Nordic Woods 6th Sidewalk and Pathway; and 89-335, Nordic Woods 12th Streets (combined as Project 91-363) and authorizing advertising for bids to be received at 2:00 p.m. on May 16, 1991. Ayes - 4 - Nays - O. RES. 1991-89 TAKE BIDS PROJ. 91-363, 88-312 & 89-335 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-90 approving plans and specifications for Project 91- 361, Installation of Traffic Signal at 153rd Street and Target/Cub Entrance, and authorizing advertising for bids to be received at 2:00 p.m. on May 23, 1991. Ayes - 4 - Nays - 0. RES, 1991~90 TAKE BIDS PROJ. 91-361 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-91 approving plans and specifications for Project 91- 368, Galaxie Avenue Widening Between 142nd and 147th Streets, and authorizing advertising for bids to be re- ceived at 2:00 p.m. on May 23, 1991. Ayes - 4 - Nays - O. RES. 1991-91 TAKE BIDS PROJ. 91-368 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-92 directing preparation of plans and specifications for a combination Park Shelter/Telephone Equipment Building at Huntington Park, with Centel paying up to $40,000.00 of the cost, and authorizing advertising for bids to be received at 2:00 p.m. on May 23, 1991. Ayes - 4 - Nays - 0. RES. PLANS & BIDS HUNTINGTON PARK BUILDING MOTION: of Erickson, seconded by Goodwin, approving the Labor Agreement, as ratified by the Police union on April 17, 1991, between the City and Law Enforcement Labor Services, Inc., Local No. 71, for the years 1991 and 1992, and authorizing execution of the same by the City. Ayes - 4 - Nays - 0. POLICE LELS 1991-92 LABOR AGREEMENT . MOTION: of Erickson, seconded by Goodwin, approving hiring the HIRE SEASONAL seasonal employees as listed in the Personnel Director's EMPLOYEES memo of April 25, 1991. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Acting Mayor Humphrey called the public hearing to order at 8:12 p.m. PUBLIC HEARING to consider amending the Official Map for the alignment of Granada OFFICIAL MAP Avenue and noted receipt of the affidavit of publication of the hear- AMENDMENT ing notice. Mr. Welsch said the purpose of the amendment is to eliminate the officially designated roadway and amend it to conform to the alignment being platted in The Oaks of Apple Valley IV. This alignment CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Page 5 accomplishes the purpose of connecting Granada through the area. No action is necessary at this time. The amendment will be prssented for approval along with the final plat of the property. The Acting Mayor asked for questions or comments from the public. There were none and the hearing was declared closed at 8:14 p.m. Acting Mayor Humphrey called the public hearing to order at 8:15 p.m. PUBLIC HEARING to consider Project 91-333, Oaks of Apple Valley IV Utility and Street PROJ. 91-333 Improvements, and noted receipt of the affidavit of publication of the OAKS IV IMPR. hearing notice. Mr. Gordon reviewed the preliminary engineering report and said the developer has now indicated that it wants the City to install the utility improvements only. The street portion of the project will be installed privately. The Acting Mayor asked for questions or comments from the public. There were none and the hearing was declared closed at 8:19 p.m. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-93 ordering installation of Project 91-333, Oaks of Apple Valley IV Utility Improvements, with private installation of street improvements. Ayes - 4 - Nays - 0. RES. 1991-93 ORDER PROJ. 91-333 Mr. Kelley reviewed the Planning Commission report on the Carroll APPLE PONDS Property/Apple Ponds Neighborhood Center Project located south of CARROLL NEIGH- 155th Street and east of Cedar Avenue. The planned development ap- BOP, HOOD CENTER proach is being used to provide a transition between the retail DEVELOPMENT business area north of 155th Street and the residential neighborhood to the south. Reed Hansen, representing the property owners; John Voss, of Urban Planning & Design; and John Backes, of Phillips 66, were present. Mr. Voss reviewed the aspects of the property considered in preparing the overall planned development as detailed in the Planning Commission report. Mr. Backes reviewed the site plan for the Phillips 66 station proposed at the corner of 155th and Cedar. He said the roof design for the building has been resubmitted as requested. The filling station wilt be a company owned/company operated station. Councilmember Erickson expressed concern about possible high density residential uses along 157th Street, facing existing lower density residential south of 157th Street. Mr. Kelley said the only area along 157th with possible high density development is intended for elderly housing and is subject to a conditional use permit. If the Council desires, more specific building design criteria could be listed in the ordinance. Councilmember Sterling asked if proposed Outlots B and C have adequate access? Mr. Kelley said since they have the same uses, they will be platted as one lot. Dedication of street easement options is being required to ensure access. Access from Cedar is restricted by the County, but a deceleration lane could be requested if a right turn lane is constructed. The property CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Page 6 will be subject to a public hearing before it can be replatted and access will depend on the actual development proposal presented then. Acting Mayor Humphrey asked if traffic signals are proposed? Mr. Kelley said there isn't likely to be enough traffic on 155th Street to meet the warrants until Garrett Drive is constructed connecting to 153rd Street. Mr. Humphrey asked if anyone in the audience wished to speak on the proposal. There was no one present. Mr. Voss said they agree that three-story apartments would not be appropriata across the street from single family homes and concurred with adding building design criteria to the ordinance. He said they are not willing to giva up access to Cedar. Limited business is proposed abutting Cedar. It would not generate as much traffic as a retail business use, but needs access. The location meets the County guidelines for spacing. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-94 amending the Comprehensive Plan land use designa- tions on the area south of 155th Street and east of Cedar Avenue from "HD" and "MD" to "NC", "LB", "LB/HD", "CH/MD" and "MD" as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1991-94 AMEND COMP. PLAN CARROLL/ APPLE PONDS MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 507 amending Appendix A of the City Code by establishing Article Al7 for Planned Development Designation No. 507 rezoning the area south of 155th Street and east of Cedar Avenue for mixed residential, limited business, institu- tional and neighborhood commercial uses, as recommended by the Planning Commission, and establishing specific perfor- mance standards including control of building heights. ORDINANCE 507 P.D. ZONING CARROLL/APPLE PONDS AREA Councilmember Sterling asked if a pathway easement from the elderly housing area to 155th Street should be included? Mr. Kelley said because the area is being platted in outlots, only options for street easements are being required now. Pathway easements could be obtained when development plans are submitted. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-95 approving the preliminary plat for Apple Ponds Neighborhood Center and directing preparation of a development agreement, as recommended by the Planning Commission, including easement options for Garrett Drive and internal streets and platting of 155th Street. Ayes 4 - Nays - 0. RES. 1991-95 PRELIMINARY PLAT, APPLE PONDS NEIGH- BORHOOD CENTER. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Page 7 MOTION: of Goodwin, seconded by Erickson, directing the Engineer to prepare a preliminary feasibility report for Apple Ponds Neighborhood Center utilities and improvements along 155th Street and sidewalk, lighting and underground utility lines along Cedar Avenue. PRELIM. REPORT APPLE PONDS NC IMPROVEMENTS The Council discussed a traffic signal at 155th and Cedar and asked that a traffic study be conducted to determine if warrants are met. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-96 approving a conditional use permit for motor fuel sales and a single bay car wash on Lot 1, Block 1, Apple Ponds Neighborhood Center, for Phillips 66 as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1991-96 PHILLIPS 66 CONDITIONAL USE PERMIT RES. 1991-97 PHILLIPS 66 BLDG. PERMIT MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-97 authorizing issuance of a building permit for a Phillips 66 filling station and car wash on Lot 1, Block 1, Apple Ponds Neighborhood Center, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Mr. Melena reviewed the memo dated April 22, 1991, concerning a pro- PAWN SHOP posed licensing ordinance for pawn shops and precious metal dealers. PRECIOUS METAL City Staff and Councilmember Goodwin met with the jewelers now operat- DEALER ORD. lng in the City and this ordinance has been redrafted to address their concerns. The Council also received a memo dated April 24, 1991, describing how the required inspections under the ordinance will be handled. MOTION: of Sterling, seconded by Goodwin, passing Ordinance No. 508 adding Sections 15-25 through 15-40 to the City Code establishing operating regulations and licensing requirements for pawnbrokers and precious metal dealers in the City and setting the fees for such licenses. Ayes - 4 - Nays - 0. ORDINANCE 508 PAWN SHOP PRECIOUS METAL LICENSING MOTION: of Goodwin, seconded by Sterling, passing Ordinance No. 509 adding Section 3-45(n) to the City Code making it unlawful for anyone to engage in nudity or sexuality explicit conduct or entertainment on premises licensed for the sale of intoxicating liquor, nonintoxicating malt liquor or wine. Ayes - 4 - Nays - 0. ORDINANCE 509 AMEND CONDI- TIONS OF LIQUOR LICS. The Council meeting was recessed at 9:45 p.m. for the purpose of conducting an Economic Development Authority meeting. The Council meeting reconvened at 9:50 p.m. EDA MEETING CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1991 Page 8 Mr. Melena distributed a letter from Juran & Moody expressing concern LEVY LIMIT about House File 1086, part of the 1991 Minnesota Tax Bill. It in- LEGISLATION cludes a provision which would limit tax levies for certain debt service to the amount levied for debt service for 1990 or to the amount needed to pay debt service on indebtedness issued before April 30, 1991. It means such debt service would have to come from sources within the City's levy limit (general fund). MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-98 opposing the provision of House File 1086 limiting tax levies for certain debt service to sources within the City's levy limit and directing a letter to that effect be sent to the Minnesota House Tax Committee members. Ayes - 4 - Nays - 0. RES. 1991-98 OPPOSE HousE FILE 1086 Acting Mayor Humphrey said a bill to allow "opt-out" transit author- ities to receive funding directly, instead of funds being funneled through the RTB, was killed in committee. He has communicated with the City which opposed this legislation to see if it can be salvaged in conference committee. He will keep the Council advised on the matter. TRANSIT MATTERS MOTION: of Erickson, seconded by Goodwin, retaining the estab- lished meeting schedule for May 1991 (with regular meetings on May 9 and 23, and an informal meeting on May 16); setting regular meetings on June 6 and 20, 1991, only;and canceling the informal meeting in June 1991. Ayes - 4 - Nays - 0. SET MAY & MEETING SCHEDULE MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check register dated April 17, 1991, in the amount of $968,866.06; and check register dated April 24, 1991, in the amount of $5,272,670.83. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 ~ Nays - 0. The meeting was adjourned at 10:15 o'clock p.m.