Loading...
HomeMy WebLinkAbout05/09/1991CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 9th, 1991, 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, Personnel Director Boland, Police Captain Cook, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Building Official Miranowski and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:05 p.m. Members of Cub Scout Troop 293 led the Councilmembers and everyone in attendance 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 WAHL RESIGNATION AUDIENCE DISC. CONSENT AGENDA APR. 25, 1991 MINUTES MAY 2, 1991 MINUTES LEGION AUXILIARY JULY 4TH BINGO Mayor Holton introduced Tom Wahl, Park Maintenance Superintendent, who is leaving on May 10, 1991, after 22 years of employment with the City. He presented a "key to the City" to Mr. Wahl who expressed his appreciation to the Council and his co-workers. The Mayor asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Goodwin, seconded by Sterling, moving consideration of street lighting and CDBG industrial market study to the regular agenda and approving all remaining consent agenda items with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of April 25th, 199t, as written. Ayes - 4 - Nays - 0 (Holton Abstained). MOTION: of Goodwin, seconded by Sterling, approving the minutes of the Board of Review meeting of May 2nd, 1991, as written. Ayes - 4 - Nays - 0 (Erickson Abstained). MOTION: of Goodwin, seconded by Sterling, approving One-Day Off- Site Gambling for Apple Valley American Legion Auxiliary Unit 1776 on July 4, 1991, at Hayes Field, and waiving the waiting period for Minnesota Charitable Gambling Control Board approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1991 Page 2 MOTION: of Goodwin, seconded by Sterling, authorizing issuance of three temporary on-sale liquor licenses, by the Minnesota Department of Public Safety to the Minnesota Zoo for use on June 8, 1991; and July 20 and 27, 1991. Ayes - 5 - Nays - 0. ZOO TEMPORARY LIOUOR MOTION: of Goodwin, seconded by Sterling, approving a dance permit for Independent School District 196, Youth Connection Council, on May 18, 1991, at Apple Valley Community Cen- ter, subject to one off-duty Police Officer being present. Ayes 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-99 approving the final plat and subdivision agreement for Embassy Estates First Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-100 awarding the contract for Projects 88-296, South Suburban Free Church Storm Sewer, and 91~367, Embassy Estates Utilities, to Inland Utility, the low bidder, in the amount of $48,781.00. Ayes - 5 - Nays - 0. ISD 196 DANCE RES. 1991-99 FINAL PLAT EMBASSY RES. 1991-100 AWARD PROJ. 88-296 & 91-36 MOTION: of Goodwin, seconded by Sterling, approving reduction of the financial guarantee for Foster's Addition from $800.00 to $0. Ayes - 5 - Nays - 0. FOSTER'S BOND REDUCTION MOTION: of Goodwin, seconded by Sterling, approving promotion of BLOMMEL UTIL. Carol Blommel to the position of Utility Maintenance FOREMAN Foreman effective May 10, 1991, at a salary of $32,864.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the parttime and seasonal employees as listed in the Personnel Director's memo of May 9, 1991. Ayes - 5 - Nays - O. HIRE PARTTIME EMPLOYEES. END OF CONSENT AGENDA Councilmember Humphrey said there is additional information on street STREET lighting proposed for some areas, which do not now have lights, and LIGHTING he would like to review it before this item is considered. Mr. Gretz said some of the costs shown in his memo are not correct and Dakota Electric has presented some new options which should be reviewed before a decision is made. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of TABLE STREET street lighting installation until May 23, 1991. Ayes - 5 LIGHTING - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1991 Page 3 Councilmember Humphrey said he believes the industrial market study INDUSTRIAL could be done in-house and questioned the need for a consultant. He MARl(ET STUDY asked that it be tabled until it can be discussed at an informal meeting. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of a CDBG industrial market study until it has been discussed at an informal meeting. Ayes - 5 - Nays - 0. TABLE IND. MARKET STUDY MIDAS MUFFLER JIFFY LUBE PROPOSAL Mr. Kelley reviewed the Planning Commission report on a proposal for a Midas Muffler/Jiffy Lube complex on the southeast corner of County Road 42 and Gleason Path. He reviewed the permitted uses which do not include auto service uses or a fast food restaurant. The Planning Commission recommended denial of the proposal. Gene Pedersen distributed a site plan for a restaurant on the lot south of the two lots proposed for Midas Muffler/Jiffy Lube. He said the restaurant is not being proposed now, but a lot is being set aside for it. Mr. Pedersen commented on the concept of auto service facilities in shopping centers and described areas where auto malls are being incorporated into shopping centers. Mr. Pedersen said he has tried to get a restaurant to locate in Apple Valley for a long time, but market studies by the major chains have not shown the location to be attractive enough for them. He has talked to operators of the Granary restaurant in Fargo and they will locate here if the property is not too expensive. By splitting this property with the auto uses, it can be made affordable for the restaurant. They are willing to make the planned development conditioned upon the restaurant going in before the auto mall. Dick Stranik, of Midas Muffler, said he owns and operates nine stores in the Twin Cities and would like to be part of the business community in Apple Valley. He commented on the design of the building and retail aspects of his business. Bruce Knutson, the architect, was also present. John Anderson, of Jiffy Lube, said he owns and operates 15 stores in the Twin Cities and would own and operate this store also. Many of his customers are women who demand they be in a convenient location such as a shopping center. Jeff Sweet, of the Sullivan Group, commented on automotive services in other shopping centers. This is not a speculative development, but is being pro- posed by owner/operators. They are willing to agree to restrictions in the planned development to be able to develop the property. Mr. Sheldon clarified planned development zoning and said it is a use agreement, which can restrict such things as layouts and the ability to do some things, but it is not conditional zoning. Councilmember Humphrey said he believes these are viable businesses and understands why they prefer this site. He favors the concept presented and CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1991 Page 4 would like to ensure that the restaurant would be built if possible. The use is similar to the Firestone Store at Apple Valley Square. Councilmember Erickson said he is pleased with the building design, but does not agree with the location. Councilmember Sterling expressed concern with the overhead garage doors facing County Road 42 and the probability that they would be open four to five months of the year. Mr. Pedersen said berming would help to block the view of the bottom portion of the doors. Mr. Stranik said half of his business is brakes and cars are not lifted up all the way. They would be willing to do more screening with evergreens. Councilmember Goodwin said similar uses on this property have not been allowed by existing businesses wanting to relocate to the site and he does not believe it should be rezoned to allow the use. Mayor Holton said he would be more amenable to the proposal if the restaurant where on the County Road 42 side of the property; but he would prefer to have the auto uses east of SuperAmerica. Mr. Stranik said that site is not economically feasible because they would be required to buy 400 feet of property along County Road 42 instead of 200 feet. Mr. Kelley said the area between Garrett and Galaxie would qualify for access to County Road 42 under the County's policy of 1/8-mile spacing. However, such access is allowed only if a street is installed, not for private property. MOTION: of Erickson, seconded by Sterling, directing City Staff to DENY MIDAS/ prepare a resolution of denial for the meeting of May 23, 1991, for the proposed Midas Muffler/Jiffy Lube Complex at the southeast corner of County Road 42 and Gleason Avenue, as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Humphrey). JIFFY LUBE PROPOSAL The Council received cost projections for lighting and fencing a soccer field at Eastview and estimated construction costs of a new field. It also received a report on the Park Dedication Fund showing a projected balance of $526,000 at the end of 1991. Mr. Melena said the authorized expenditures for 1991 do not include the golf course building or purchase of parkland on Pennock Avenue. Since a site for the building being relocated is uncertain and will not be completed until 1992, funding will depend on the ultimate use. Part of the parkland on Pennock could be developed which would pay the cost of acquisition so its purchase was not included as an expenditure. EASTVIEW SOCCER FIELD LIGHTING Mr. Melena also noted that the CIP fund will have approximately $70,000 of interest earnings in 1991 which could be designated by the Council for a specific use. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1991 Page 6 MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 512 amending Article A1-72 of Appendix A of the City Code by adding new language which describes added standards for issuance of a conditional use permit including lapse of the permit if not utilized within one year of issuance. Ayes - 5 - Nays - 0. ORDINANCE 512 CONDITIONAL USE PERMIT STANDARDS RES. 1991-101 APPROVE 1992- 1996 CIP MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-101 approving the 1992-1996 Capital Improvements Program as a five-year guide for the 1992 budget delib- erations and for the ongoing policy decision making processes. Ayes - 5 - Nays - 0. The Council received a memo dated May 8, 1991, concerning a sketch ADELMANN PROP. plan, excavation and preliminary plat request for development of the FISCHER Adelmann property north of 140th Street and east of Galaxie Avenue by SKETCH PLAN Fischer Sand & Gravel. Mr. Melena said the Planning Commission will be reviewing the sketch plan at its meeting on May 15, 1991, and expects to hold a public hearing on the preliminary plat proposal June 5, 1991. It could then come before the Council on June 20, 1991. The Council is being asked for direction on the sketch plan. The developer will be asking for two construc- tion seasons to remove material and do grading before developing the property. Mayor Holton said he disagrees with any use of conveyors as part of the excavation process and he believes there should be fewer cul de sacs in the preliminary plat. Councilmember Erickson asked how the property could be developed with fewer cul de sacs? Mr. Welsch noted that this is a difficult piece of property to develop because it is long and narrow. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-102 granting a temporary waiver of platting for Apple Ponds Neighborhood Center to allow Phillips Petroleum to transfer title to Lot 1, Block 1, prior to filing of the final plat. Ayes - 5 - Nays - 0. RES. 1991-102 PLAT WAIVER APPLE PONDS NEIGHBOP, HD CTR Mr. Gretz advised the Council on the effects of four inches of rain RAIN EVENTS the past weekend. The storm water holding ponds are being pumped but UPDATE there was no serious flooding. In the Huntington area, unstable soil on the side of a hill slid into backyards. Braun Engineering has been retained by the developer to look at restoration and a solution for the soil problems. Water is also being pumped across the McNamara, Rechtzigel and Pahl properties south of County Road 42. MOTION: of Humphrey, seconded by Erickson, accepting, with regret, CARLSON P.C. the resignation of Richard D. Carlson from the Planning RESIGNATION Commission effective April 26, 1991. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1991 Page 5 Councilmember Humphrey said he believes park construction should be paid for by the Park Dedication Fund and would agree to allowing the balance to go under the Council imposed minimum of $500,000 if necessary. MOTION: of Goodwin, seconded by Humphrey, directing Staff to have plans and specifications prepared for installation of lighting and fencing a soccer field at the Eastview Athletic Complex. Ayes - 5 - Nays - 0. PLANS & SOCCER FIELD, LIGHTING MOTION: of Holton, seconded by Goodwin, approving the expenditure of $26,000 from the Park Dedication Fund and $52,500 from the Capital Improvement Project Fund for installation of lighting and fencing a soccer field at the Eastview Athletic Complex. FINANCE SOCCER FIELD LIGHTING Mr. Johnson commented, on behalf of the Parks & Recreation Advisory Committee, that this is a good project, but it has just come up recently. The Committee prioritized projects in the Capital Improvements Program to be paid for from the Park Dedication Fund and there were some that were scheduled ahead of this project. He noted that the reason for maintaining the balance at $500,000 is to allow interest earnings to continue to be available for improvements after development has peaked. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Humphrey). MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit to Central Telephone Company for an equipment switching building at the northeast corner of 132nd Street and Galaxie Avenue, in part of Nordic Woods 6th Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. PERMIT NORDIC WOODS 6TH , The Council received a memo dated May 6, 1991, from the Community MOBILE HOME Development Director reporting on proposed amendments to the mobile PARK CODE home park section of the City Gods. It is expected that amendments AMENDMENT~ will be presented for consideration at the May 23, 1991, Council meeting. MOTION: of Humphrey, seconded by Erickson, passing Ordinance No. 510 adding Sections 14-80 through 14-82 to the City Code to restrict certain noise generating activities between the hours of 10:00 p.m. and 6:00 a.m. except for emergency work, as recommended by the Urban Affairs Committee. Ayes - 4 - Nays ~ 1 (Sterling). ORDINANCE NOISE RESTRICTIONS, MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 511 amending Chapter 19 of the City Code by repealing Sections 19-50 through 19-63 related to licensing taxi- cabs, as recommended by the Urban Affairs Committee. Ayes - 4 - Nays - 0. ORDINANCE REPEAL TAXI- CAB LICEN CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1991 Page 7 MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-103 appointing James R. Norris to fill the vacancy on the Planning Commission for a term expiring March 1, 1993. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-104 endorsing reappointment of Edward Kranz as Regional Transit Board representative for Precinct H. Ayes - 5 - Nays - 0. Councilmember Humphrey said he has been asked by the MVTA to submit his name for appointment to the Transit Advisory Committee of the RTB. Members of this committee are recommended by the AMM for appointment by the RTB. RES. 1991-103 APPOINT NORRIS TO PLAN. COM. RES. 1991-104' KRANZ RTB REAPPOINTMENT TRANSIT ADVISORY COM. RES. 1991-105 HUMPHREY TAC APPOINTMENT MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-105 endorsing appointment of Gary Humphrey to the Transit Advisory Committee of the Regional Transit Board. Ayes - 5 - Nays - 0. Councilmember Humphrey said the Dairy Queen franchise at the Zoo ex- ZOO RESTAURANT pires in May of 1993 and Zoo Staff has expressed an interest in DISCUSSIONS expanding food service operations. They met with operators of the Chart House who are interested in exploring the possibility of developing some type of food service there. Mayor Holton said he was contacted about participating in a "Sister City" program and asked if the Council has any interest. He will get more details and report back to the Council. SISTER CITY PROGRAM SET INFORMAL MEETINGS CLAIMS & BILLS MOTION: of Goodwin, seconded by Sterling, setting the May 16, 1991, informal meeting to start at 7:00 p.m. and setting an informal meeting at 5:30 p.m. on May 23, 1991, prior to the regular meeting on that date. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check register dated April 30, 1991, in the amount of $762,534.66; and check register dated May 8, 1991, in the amount of $1,350,988.36. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:10 o'clock p.m.