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HomeMy WebLinkAbout05/23/1991CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 23rd, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Gouncilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Planning Intern Benson, Personnel Director Boland, Forestry Specialist Brackee, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, Building Official Miranowski, Police Chief Rivers, Assistant to 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 Erickson, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Holton acknowledged the 4~H groups who will be planting flowers DOWNTOWN in the 13 entrance monuments on the downtown ring route. Cindy FLOWER PLANTG. Manwarren, area 4-H Leader, said the groups will also be planting the flower garden at Fire Station No. 2. Adam Manwarren presented the Mayor with a pot of the flowers that will be planted downtown.. The Mayor asked if any one was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Jack Morris, AVHAARENA President of Apple Valley Hockey Association, thanked the City for pSAGE looking into use of the 6:00 p.m. hour at the Arena, but that hour is important to the High School Junior Varsity program also. Monday is really the only day this hour is available and they believe loss of this time would hurt the J.V. program more than gaining it would help the AVHA program. MOTION: of Sterling, seconded by Erickson, moving consideration of Alimagnet Apartment approval extension and special use permit at George's Market to the regular agenda and approving all remaining consent agenda items with no exceptions. Ayes - § - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Ericksom, approving the minutes of the regular meeting of May 9th, 1991, as written. Ayes - 5 - Nays - 0. MAY 9, 1991 MINUTES MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-106 accepting, with thanks, the donation of $200.00 from Bonestroo, Rosene, Anderlik & Associates for the Parks & Recreation Department. Ayes - 5 - Nays - 0. RES. 1991-106 BRA DONATION TO PARK & REC. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 2 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-107 accepting, with thanks, the donation of $100.00 from Williams Pipe Line Company for the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving an Applica- tion for Exemption from Lawful Gambling License for Sons of American Legion Post 1776 for a raffle on July 4, 1991, and waiving the waiting period for Minnesota Charitable Gambling Control Board approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-108 making a finding of fact and denying the applica- tion for a proposed Midas Muffler/Jiffy Lube planned development rezoning and preliminary plat on Outlot A, Southport 2nd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-109 designating Garden View Drive, between CSAH 38 and CSAH 42, as Municipal State Aid Street No. 115 subject to approval of the Minnesota Commissioner of Transporta- tion. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-110 awarding the contract for Project 91-363, 1991 Street Maintenance Program (includes Project 90-359, Extension of Galaxie Avenue to 160th Street), to McNamara Contracting Co., the low bidder, in the amount of $619,309.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving the agreement with Dakota County, Burnsville and Lakeville for County Project 46-04, County Road 46 (160th Street) Construction from Cedar to Burnsville, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-111 authorizing installation of stop signs on Whitney Drive, northbound at Whitney; on Whitney Drive, eastbound at Whitney; on 146th Street, eastbound at Granada; and on 146th Street, westbound at Granada. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-112 requesting a traffic signal warrant study, by the Dakota County Highway Department, at the intersection of County Road 31 (Pilot Knob Road) and 142nd Street/Essex Avenue. Ayes - 5 - Nays - 0. RES. 1991-107 WMS. PIPE LINE DONATE POLICE SONS OF LEGION JULY 4TH RAFFLE RES. 1991-108 DENY MIDAS/ JIFFY LUBE REZ. & PLAT RES. 1991-109 GARDEN VIEW M. S.A. Street RES. 1991-110 AWARD CONTRACT PROJ. 91-363. CR 46 CONST. AGREEMENT RES. 1991-111 INSTALL STOP SIGNS RES. 1991-112 CR 31 & 142ND SIGNAL STUDY CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 3 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-113 establishing a five percent franchise fee on the gross charges of the City's Water, Sanitary Sewer and Storm Sewer Utilities, pursuant to authority in the City Code. Ayes - 5 - Nays - 0. RES. 1991-113 MUNICIPAL UTIL FRANCHISE FEES FIRE STN. 3 CAPTAIN APPOINTMENTS AUSTING BLDG. INSPECTOR HIRE PARTTIME EMPLOYEES RES. 1991-114 FINGER DEPUTY CITY CLERK TEMP. ADMIN. SECRETARY A.V. APARTMENT APPROVALS 3- MONTH EXT. MOTION: of Sterling, seconded by Erickson, receiving notice of appointment by the Fire Chief of Stewart Shepard and Dennis Hunsinger as Captains for Fire Station No. 3 effective May 20, 1991. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving hiring Brian Austing for the position of fulltime Building Inspector effective May 24, 1991, at an annual salary of $32,250.00. Ayes - 5 ~ Nays - 0. MOTION: of Sterling, seconded by Erickson, approving hiring the parttime and seasonal employees as listed in the Personnel Director's memos of May 23, 1991. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No~ 1991~114 consenting to the appointment of Judy Finger as Deputy City Clerk due to resignation of Marsha Moroni. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, authorizing contracting with an agency for a temporary Administrative Department Secretary from May 28 to July 8, 1991, at a cost not to exceed $12.00 per hour. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, approving an extension of three months, until September 1, 1991, of the approvals for Apple Valley Apartments final plat, subdivision and building permits for two three-story apartments at 140th and County Road 11. Lynn Burri, 8962 - 138th Street Court, asked if conditions placed on this development when it was approved will also be required if the proposal is changed to a townhouse development? Mr. Kelley said the extension was requested by the developers to allow them time to work out the details of transferring the site to a different developer. They have discussed a development with 44 units of rental townhouses and such a proposal would require a new petition and review by the Planning Commission with opportunity for residents input during the hearing process. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 4 Mayor Holton expressed concern about transient businesses and the SPECIAL USE conditions under which such permits are granted. He would like to ~ERMITS have the Urban Affairs Committee review the current ordinance and look at rules and regulations for peddlers and transient merchants. Councilmember Erickson agreed but suggested the current request for a special use permit at George's Market be acted on and not held until the ordinance is reviewed. Councilmember Humphrey said he does not necessarily have a problem in allowing these uses, as it done now, without being too restrictive. MOTION: of Humphrey, seconded by Erickson, approving a special use permit for Patty and Bruce Lais to sell sports team promotional items in the parking lot at George's Market, 220 County Road 42, from May 24 to June 30, 1991. Ayes - 4 - Nays - 1 (Holton). LAIS S.U.P. AT GEORGE'S MARKET MOTION: of Erickson, seconded by Goodwin, referring the City Code provisions on special use permits for outdoor sales to the Urban Affairs Committee for review and recommendation on implementing rules and regulations. Ayes - 4 - Nays - 1 (Humphrey). REFER SPECIAL USE & OUTDOOR SALES TO UAC, MOTION: of Erickson, seconded by Sterling, passing Ordinance No. 513 amending the Official Map by deleting the part of the alignment established for Granada Avenue now being platted in The Oaks of Apple Valley IV. Ayes - 5 ~ Nays - 0. ORDINANCE GRANADA 0FFL. MAP AMENDMENT Mr. Kelley reviewed the Public Works Director's memo dated May 17, OAKS IV/STOR~ 1991, explaining the proposal to acquire a storm water easement in WATER EASEMENT Section 26 needed for Eastview Athletic Complex in exchange for ex- PROPERTY TRADE cess property the City owns in Section 21. The excess property was acquired along with a storm water pond and could be incorporated into The Oaks of Apple Valley IV plat. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-115 declaring approximately one acre of City-owned property in Section 21 as surplus and no longer needed for municipal purposes and authorizing its sale. Ayes - 5 - Nays - 0. RES. 1991-115 SALE OF PROPTY IN SEC. 21 MOTION: of Sterling, seconded by Goodwin, accepting a drainage and ponding easement from M. J. McNamara and E. P. Vivant over property in the Northwest Quarter of Section 26. Ayes - 5 Nays - 0. ACCEPT STORM WATER EASEMENT IN SEC, 26 MOTION: of Goodwin, seconded by Humphrey, approving purchase agreement with Michael J. McNamara for approximately one acre of surplus property in Section 21 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. PURCHASE AGRMT PROPERTY IN SECTION 21 CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 5 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-116 approving the final plat and subdivision agree- ment for The Oaks of Apple Valley VI, containing 25 lots and property acquired from the City, and authorizing the Mayor and Clerk to sign the same. RES. 1991-116 OAKS OF AV VI FINAL PLAT Councilmember Sterling said she would like to have some type of pathway ease- ment from the back of the west cul de sac to Pennock Avenue. Mr. Kelley said the change in elevation makes actual installation of a pathway impractical. Councilmember Humphrey agreed and noted it would also be a potential liability for the City. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-117 approving plans and specifications for Project 89-333, The Oaks of Apple Valley VI Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 13, 1991. Ayes - 5 - Nays - 0. RES. 1991-117 TAKE BIDS PROJ 89-333 RES. 1991-118 OAKS OF AV VI PLAT WAIVER MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-118 granting a temporary waiver of platting for property being platted as The Oaks of Apple Valley VI to allow title to be transferred prior to actual filing of the plat. Ayes - 5 - Nays - 0. Ms. Benson reviewed the Planning Commission report on the proposed APPLE PONDS Apple Ponds 3rd Addition located north of County Road 46 and west of 3RD PROPOSAL Galaxie Avenue. It meets all zoning and subdivision requirements, however, in addition to five-foot sidewalks along Galaxie and County Road 46, a five-foot sidewalk connection from Galaxie to the park is recommended to be included. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-119 approving the preliminary plat of Apple Ponds 3rd Addition and directing preparation of a subdivision agreement, as recommended by the Planning Commission. RES. 1991-119 APPLE PONDS 3 PRELIM. PLAT Councilmember Sterling asked if path or sidewalk along Galaxie north of this property will be constructed? Mr. Kelley said that is part of the Apple Ponds Neighborhood Center plat and will be constructed with it. Me noted that the subdivision agreement will also require the developer to pay for burying utility lines along Galaxie Avenue. .Councilmember Humphrey asked why three cut de sacs were allowed in the plat? Mr. Kelley said because the property is adjacent to County Road 46, which will be widened to four lanes, they were allowed as a trade off or compromise to make the lots more desirable. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 6 Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-120 receiving the preliminary enginesring report for Project 91-370, Apple Ponds 3rd Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on June 20, 1991. Ayes - 5 - Nays - 0. RES. 1991-120 SET HEARING PROJ. 91-370 ACQUIRE APPLE PONDS PARK ORDINANCE 514 ELECTRIC SUB- STATION & OVERHEAD LINE REGULATIONS MOTION: of Erickson, seconded by Goodwin, authorizing acquisition of the Apple Ponds neighborhood park property in accord- ance with the option agreement dated March 8, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, passing Ordinance No. 514 amending Appendix A of the City Code to regulate the placement of electric substations and overhead trans- mission lines within certain zoning districts and in conformance with specific performance standards governing placement, height, screening, etc. ] Mr. Kelley reviewed his memo dated May 23, 1991, concerning the proposed ordinance. It would require that large electric substations be located in Institutional zones as conditional uses and be located adjacent to approved overhead utility corridors. The ordinance also establishes the conditions for receiving a construction permit and requires burial of lines. Randy Poulson, Dakota Electric Engineering Manager, was present and gave testimony regarding Dakota Electric's position on the ordinance. He cited increased costs for installation, maintenance and replacement of underground lines. They believe the objective of this ordinance is the beautification of Apple Valley and, thus, the residents should pay for additional costs. If they are required to bury all lines in the City, there should be language to address the City's intent to pay for the cost. Councilmember Erickson asked how the ordinance would affect the existing franchise agreement and can a new franchise be implemented before the old one expires? Mr. Sheldon said the ordinance is a legislative act of the City. A franchise is a license to do business and takes into account fees, cost participation, and individual issues with a particular utility. A new franchise can supersede an old one and the intent is to negotiate a new franchise with Dakota Electric by the end of the year. Mr. Melena said there is language in the ordinance which would not prohibit the City from contributing to the cost of burying the lines. In some cases, such as Apple Ponds 3rd, developers will be required to pay for the cost. Agreements for utility work being done this year have already been reached and the ordinance should not present a problem for Dakota Electric until a new franchise is negotiated. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 7 Mayor Holton commented that the City was surprised by the proposal to construct a new substation near T.H. 77 and Galaxie. Mr. Poulson said the need for another substation came to light in their 20-year plan. There is only one substation in Apple Valley now and there is also need for a northern transmission line route. The route has to be started from a neighboring community and an appropriate route found to make a connection. Councilmember Sterling asked for a map showing the location of lines in Apple Valley and the surrounding communities. Mr. Poulson said it will be provided. The Council discussed indications that County Road 38 right-of-way would be used for installation of an overhead line and advised Mr. Poulson that this route would not be acceptable. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-121 amending the text of the Comprehensive Plan by creating a new land use designation entitled "BP-1" (Business Park - 1), as recommended by the Planning Commission. RES. 1991-121 COMP. PLAN AMEND. BP-1 Councilmember Erickson commended Mr. Welsch for arriving at an acceptable solution to addressing neighborhood concerns where such property is situated near residential areas. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-122 amending the Land Use Map of the Comprehensive Plan by changing the designation on property north of County Road 42 and west of Pilot Knob Road, in Section 26, from "MD" (Medium Density) to a dual designation of "MD"/"BP-1" as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 199t-122 COMP. PLAN AMEND. CONCORD PROPERTY GREENLEAF SCHOOL EXCAVA- TION PERMIT ORDINANCE 515 MOBILE HOME PARK STANDARDS MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of an excavation permit to construct additional parking areas at Greenleaf Elementary School, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 515 amending Chapter 13 of the City Code by establishing standards for placement and maintenance of mobile homes within mobile home parks and establishing minimum levels of maintenance for the mobile home park Proper. Councilmember Sterling asked if Eaton Mobile Home Park meets the lot size requirements in Section 13-347 Mr. Kelley said it does not, but existing CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 8 mobile homes would be grandfathered. The ordinance standards would apply to new parks or when new units are moved into a park. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-123 approving issuance of the 1991 annual mobile home park permit for Eaton Mobile Home Park, subject to the conditions listed and Chapter 13 of the City Code. RES. 1991-123 1991 EATON PARK PERMIT Mr. Welsch reviewed his memo dated May 20, 1991, regarding issuance of the permit. Councilmember Erickson said there was a recent news article stating the park was for sale and asked how laws allowing residents to buy the park apply? Mr. Welsch said state law allows residents to make a counter offer and purchase the park. There is also a law requiring the owner to relocate residents if the property is sold for another use which does not seem to be the intent in this case. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION of Humphrey, seconded by Erickson, passing Ordinance No. 516 amending Sect{on 11-9 of the City Code by declaring growth of weeds in excess of 12 inches in height to be a public nuisance within 150 feet of an occupied lot or parcel and in and within 300 feet of the downtown ring route. Ayes - 5 - Nays - 0. ORDINANCE 516 REVISED WEED REGULATIONS MOTION of Humphrey, seconded by Erickson, passing Ordinance No. 517 amending Section 17-2(a) of the City Code by requiring that Planning Commission members be residents of the City. Ayes - 5 - Nays - 0. ORDINANCE 517 PLANNING COM. RESIDENCY MINN. ZOO FOUNDATION RAFFLE ADMINISTRATOR VACATION MOTION of Goodwin, seconded by Humphrey, approving au Applica- tion for Exemption from Lawful Gambling License for the Minnesota Zoo Foundation for a raffle on October 26, 1991, and waiving the waiting period for Minnesota Charitable Gambling Control Board approval. Ayes - 5 - Nays - 0. The Council received a memo dated May 20, 1991, advising that Mr. Melena will be on vacation from May 25 to May 31, 1991. Mr. Gretz and Mr. Wetdon will act in his stead during this time. The Council received a memo dated May 21, 1991, from Mr. Gretz compar- ing the cost of concrete sidewalk, $66,400; to bituminous pathway, $42,100~ for Project 91-368, Galaxie Avenue Widening. The plans and specifications and contract call for concrete sidewalk. GALAXIE SIDE- WALK/PATHWAY CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1991 Page 9 MOTION: of Sterling, seconded by Holton, approving a Change Order to the contract for Project 91-368, Galaxie Avenue Widening Between 142nd and 147th Street, for bituminous pathway instead of concrete sidewalk. Ayes - 2 (Holton and Sterling) - Nays - 3 (Erickson, Goodwin and Humphrey) Motion Failed. CHANGE ORDER GALAXIE SIDE- WALK/PATHWAY The Council received a news article on "How the sales tax works" based on new legislation. Mr. Melena said information on the legislation should be available from the League of Cities next week and it will be forwarded on to the Council. TAX LEGISLATN. RES. 1991-124 SINDT LMC NOMINATION ZOO AMPHI- THEATER MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-124 supporting Lakeville Councilmember Betty Sindt for a Directorship on the League of Minnesota Cities Board. Ayes - 5 - Nays - 0. The Council received a memo dated May 22, 1991, from Kathryn Roberts regarding the Minnesota Zoo Amphitheater project. The Bird Show Amphitheater is proposed to provide seating for 1,500 visitors with standing room area for 500 more. MOTION: of Humphrey, seconded by Goodwin, to reconsider the resolution of denial for the Midas Muffler/Jiffy Lube proposal to allow correcting the vote. Ayes - 4 - Nays - 1 (Holton). RECONSIDER MIDAS/JIFFY LB MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-108 making a finding of fact and denying the applica- tion for a proposed Midas Muffler/Jiffy Lube planned development rezoning and preliminary plat on Outlot A, Southport 2nd Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Humphrey). RES. 1991-108 DENY MIDAS/ JIFFY LUBE REZ. & PLAT CLAIMS & BILLS MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check register dated May 15, 1991, in the amount of $1,533,027.52; and check register dated May 22, 1991, in the amount of $2,189,419.42. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:17 o'clock p.m.