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HomeMy WebLinkAbout04/12/1990CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 12th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: Mayor Branning. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Earley, City Engineer Yapp, Project Engineer Aune, Personnel Director Boland, Forestry Specialist Brackee, Police Captain Cook, Assistant Finance Director Eklund, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Assistant to Administrator Weldon and Community Development Director Welsch. Acting Mayor Humphrey 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 flago MOTION: of Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Goodwin, approving the minutes of the MARCH 22, 1990 regular meeting of March 22nd, 1990, as written. Ayes - 4 - MINUTES Nays - 0. Ken Brackee reviewed the activities planned for Arbor Day and Month in ARBOR DAY/MONTH the City. Mandy Wong and Jay Sokolovsky, students at Apple Valley ACTIVITIES High School, were present and informed the Council that the biology students will be planting 400 trees at the High School on Earth Day. Tom Goodwin, their Biology Teacher, was also present. MOTION: of Savanick, seconded by Holton, proclaiming April 22, 1990, Arbor Day; April 27, 1990, Earth Day; and May 1990 as Arbor Month in the City. Ayes - 4 - Nays - 0. PROCLAIM ARBOR DAY-EARTH DAY RES. 1989-71 CLEAN UP DAY PROCLAIM VOLUNTEER WEEK AUDIENCE DISCN. CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 71 recognizing all participants in the Rotary sponsored "Clean Up Day" on May 5, 1990, as volunteers with insurance coverage extended to the activity and encouraging all City residents to conduct neighborhood clean-up activities. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, proclaiming the week of April 22 through 28, 1990, as Volunteer Recognition Week and thanking all volunteers for their dedicated service. Ayes 4 - Nays - 0. Acting Mayor Humphrey asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Goodwin, seconded by Holton, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 2 CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 72 approving plans and specifications for Project 90-346, Eagle Hills 3rd Utility and Street Improvements,. and author- izing advertising for bids to be received at 2:00 p.m. on May 15, 1990. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 73 approving plans and specifications for Project 89-341, Hearthstone Utility and Street Improvements, and author- izing advertising for bids to be received at 2:00 p.m. on May 15, 1990. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 74 receiving the preliminary engineering report on Project 90-350, Falcon Ridge Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on May 17, 1990. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 75 directing the City Engineer to prepare plans and specifi- cations for Project 90-350 for consideration following the hearing on May 17, 1990. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 76 prohibiting parking on 140th Street, in accordance with Municipal State Aid Standards, between County Road 11 and Hayes Road; Guthrie and Everest Avenues; and County Roads 31 and 33. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Holton, approving Change Order No. 1 to the contract with Arcon Construction for Project 89-329, Hyland Points Shores Improvements, in the amount of an additional $7,723.60. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving installation of a standard street light at the intersection of 130th Street and Johnny Cake Ridge Road. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Holton, approving an agreement with Dakota County for Project 38-09, County Road 38 Improvements Between Johnny Cake Ridge and Pilot Knob Roads, subject to Dakota County sharing the right-of-way acquisition cost, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 Nays - 0. MOTION: of Goodwin, seconded by Holton, approving 1990 agreements for storm water drainage and ponding, south of County Road 42, and authorizing payments as follows: Arthur Fischer Estate, $15,000.00; Wayne Pahl, $4,000.00; and Frank Rechtzigel, $6,760.00. Ayes - 4 - Nays - 0~ RES. 1990-72 TAKE BIDS PROJ. 90-346 RES. 1990-73 TAKE BIDS PROJ. 89-341 RES. 1990-74 SET HEARING PROJ. 90-350 RES. 1990-75 PLANS & SPECS. PROJ. 90-350 RES. 1990-76 NO PARKING 140TH STREET CHANGE ORDER 1 PROJ. 89-329 ST. LIGHT 130TH & JOHNNY CAKE CR 38 DESIGN & CONSTRUCTION AGREEMENT FISCHER, PAHL RECHTZIGEL POND AGREEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 3 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 77 awarding the contract for Project 89-337, 141st Street in East Valley Plaza, to McNamara Contracting, the low bidder, in the amount of $53,285.00. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 78 awarding the contract for an Outdoor Siren Warning System to Mid-Central, Inc., for the Whelan Electronic Sirens, the low bidder meeting specifications, in the total amount of $119,362.85. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, accepting the Eastview Athletic Complex Irrigation System as final and authorizing final payment on the contract with Albrecht Companies in the amount of $2,480.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 79 approving the final plat and subdivision agreement for Huntington 5th Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 80 approving the final plat and subdivision agreement for Christ Church, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 81 approving the final plat of Beckman's 2nd Addition, a replat of Lots 5 and 6, Block 1, Beckmanfs First Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 82 approving the "Downtown Development Design Guide" dated April 12, 1990, as interim design guidelines for construction and development in the downtown area. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing renewal of gambling licenses by the Minnesota Charitable Gambling Control Board for American Legion Post 1776 Auxiliary, at 14521 Granada; and for Multiple Sclerosis Society, at R~Berry's, 7721 West 147th Street; and waiving the 60-day waiting period for Board approval. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a revised budget for Fire Station No. 1 expansion/renovation totaling $891,895.00 and allocating $84,595.00 of advance interest earnings from the Capital Improvements Program for the project. Ayes - 4 - Nays - 0. RES. 1990-77 AWARD CONTRACT PROJ. 89-337 RES. 1990-78 AWARD CONTRACT SIREN SYSTEM FINAL PAYMENT EASTVIEW IRRIGATION SYS RES. 1990-79 FINAL PLAT HUNTINGTON 5TH RES. 1990-80 FINAL PLAT CHRIST CHURCH RES. 1990-81 MINOR SUBD. BEGKMANfS 2ND RES. 1990-82 DOWNTOWN DESIGN GUIDELINES GAMBLING LICENSE RENEWALS FIRE STATION 1 REVISED BUDGET CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 4 MOTION: of Goodwin, seconded by Holton, authorizing sale of the old hose dryer from Fire Station No. 2 as surplus property with an estimated value of $1,500.00. Ayes - 4 - Nays ~ O. SELL OLD FIRE HOSE DRYER 1989 CABLE TV COMMITTEE REPORT HIRE DINGMAN UTILITY MNTC. HIRE PARTTIME EMPLOYEES MOTION: of Goodwin, seconded by Holton, receiving the Cable TV Committee's 1989 Annual Report and placing it on file. Ayes- 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring Roger Dingman for the fulltime position of Utility Maintenance Worker I effective April 16, 1990. Ayes ~ 4 - Nays - O. MOTION: of Goodwin, seconded by Holton, approving hiring the various parttime and seasonal employees as listed in the Personnel Director's memo dated April 12, 1990. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Welsch reviewed the procedures being followed in the Environmental SAND & GRAVEL Impact Statement (EIS) for sand and gravel mining south of County Road MINING DRAFT EIS 42. Since the process began, the scope of the study area has been reduced and he distributed copies of a map showing the revisions. A letter dated April 9, 1990, from Frank and Evelyn Rechtzigel indicates they are interested in mining their property; however, it has not been determined if they would be part of the long range plan. Mr. Kelley reviewed the six major topics that need to be addressed in the Draft EIS and recommended the Council direct that they be included in the Final ElS. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1990-83 approving the document entitled "REVISIONS TO DRAFT ENVIRONMENTAL IMPACT STATEMENT ~ Consolidated End Use Concept for Sand & Gravel Operations South of County Road No. 42" as the formal decision to revise and/or add information to the Draft ElS in order for it to become a Final ElS. RES. 1990-83 REVISIONS TO SAND & GRAVEL DRAFT EIS Councilmember Savanick asked if the 280-day time limit applies? Mr. Kelley said because the EIS is being prepared by the project proposer, they can waive the time period. The 280-day period has already been exceeded and it is up to the proposer to complete the ElS. Acting Mayor Humphrey said approving revisions to the Draft EIS is not in any way approval for gravel mining. Councilmember Goodwin asked who must pay for the revisions? Mr. Kelley said the cost has to be paid by the proposer; Fischer Development II. Acting Mayor Humphrey asked how many acres could be mined without a mandatory EIS? Mr. Kelley said for up to 80 acres an ElS is not mandatory under Minnesota Law, but the City may have an option to require an Environmental Assessment Worksheet. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 5 Mr. Welsch noted the burden of completing the EIS and determining who is included in the consolidated end use plan and who is not is up to the property owners at this time. Gouncilmember Savanick said she would like the concept of the chain of lakes to remain in the end use plan. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 84 requesting the Dakota County Board to continue its current policy of funding off-road pathways and make no changes the funding formula or maintenance agreements until a skele- tal system in the Bikeway Plan is complete and trails are connected. Ayes - 4 - Nays - 0. RES. 1990-84 COUNTY BIKEWAY FUNDING RES. 1990-85 BAKERS SQUARE BUILDING PERMIT MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1990-85 authorizing issuance of a building permit for Bakers Square Restaurant on Lot 4, Block 1, Southport Centre, in conformance with the plans dated March 23, 1990, and provision of cross parking easements between Lots 4 and 5, as recommended by the Planning Commission, subject no outside storage of any kind and the building having a window-type exterior treatment on the east side. Mike Topielec, of Bakers Square, was present and said they would comply with inside storage; dollies, etc., could be kept in the trash storage area. He believed they could put some type of treatment on the east side of the building and they have not made a decision on signage yet. Acting Mayor Humphrey asked them to consider using an overhead door on the trash storage room. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Welsch reviewed the Planning Commission report on the SuperAmerica SUPERAMERICA project proposed for the southeast corner of County Road 42 and Garrett CR 42 & GARRETT Avenue. A car wash is shown on the site plan and may be contemplated for the future, but is not part of the proposal. The old hangar on the site is being moved to St. Paul Park and will be used as a warehouse by the company. A driveway to 151st Street will be constructed. Bud Kaupp, of SuperAmerica, was present and said they would agree to streetscape improvements on both Garrett and 151st Street. They are installing an irrigation system for the entire property. MOTION: of Savanick, seconded by Goodwin, approving the preliminary plat of SA Addition at the southeast corner of County Road 42 and Garrett Avenue, as recommended by the Planning Commission and directing preparation of a development agreement. Ayes - 4 - Nays - 0. SA ADDITION PRELIMINARY PLAT CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 6 MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1990-86 approving a conditional use permit for motor fuel sales by SuperAmerica on Lot 1, Block 1, SA Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1990-86 SUPERAMERICA CONDITIONAL USE RES. 1990-87 SUPERAMERICA BUILDING PERMIT PRELIM. REPORT SUPERAMERICA STREETSCAPE IMP. WATER'S EDGE PLANNED DEVELOPMENT MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 87 authorizing issuance of a building permit for SuperAmerica on Lot 1, Block 1, SA Addition, with conditions as recom- mended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, directing the Engineer to prepare a preliminary feasibility report for streetscape improvements on Garrett Avenue and 151st Street abutting SA Addition. Ayes - 4 - Nays - O. Mr. Kelley reviewed the Planning Commission report on the Water's Edge patio home project proposed for the southwest corner of County Road 11 and 140th Street. This site was approved for apartments and H & Z Partners, the property owner, will not consent to rezoning until final plat approval has been obtained. Councilmember Savanick questioned the pathway location and the desirability of constructing a connection on the lake side of the swimming pool. Mr. Kelley reviewed the proposed location and said it could be extended west and connect to a cul de sac in Burnsville. The City will retain the pathway easement along Alimagnet Lake, but it is not proposed to construct a path on it. Acting Mayor Humphrey expressed concern about visitor parking. Mr. Kelley reviewed the parking being provided and though the interior street will be a private 28-foot wide street, parking would be allowed on one side of it. Jim Haleck, representing the developer, was present and said they propose to light the pathway and would be concerned about constructing another path on the lake side of the swimming pool. MOTION: of Savanick, seconded by Holton, approving the preliminary plat of Water's Edge (previously approved as Apple Valley Apartments), authorizing issuance of building permits and directing preparation of a development agreement with the pathway connecting to Burnsville and the conditions as recommended by the Planning Commission, subject to completion of the planned development rezoning. WATER'S EDGE PRELIMINARY PLAT Don Romain, 405 Reflection Road, asked why another path is being constructed to Sunset Park? Mr. Kelley said it was always intendod to have a connection from 140th Street which could not be done until the property developed. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 7 MOTION: of Holton, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for Water's Edge Improvements. Ayes - 4 - Nays - O. WATER'S EDGE PRELIM. REPORT P.D. 290 ANIMAL CLINIC AS PERMITTED USE MOTION: of Holton, seconded by Goodwin, making a determination that a veterinary clinic/animal hospital is a permitted use in Planned Designation No. 290, Zone 1, (northeast quadrant of County Road 42 and Cedar Avenue) and directing preparation of an amendment for this clarification. Dr. Kurt Walter-Hansen, who proposes to locate the clinic at 15026 Glazier Avenue, was present and said he does not intend to have animals stay overnight and would not be boarding any animals. Vote was taken on the motion. Ayes - 4 - Nays - 0. Jim O'Meara, of Briggs & Morgan, was present and reviewed the proposal COMMONS I to refinance existing debt on the Apple Valley Commons I building. REFINANCING New bonds would be issued, at a lower interest rate, to pay off exist- ing bonds. The transaction involves several simultaneous actions including a change in identity of the partnership. The existing financing was a private placement; the new bonds will be sold by public offering. The bonds would not be an obligation of tho City, but would be issued through the City. In order for the bonds to remain tax exempt, the issue will have to meet the requirements of debt refinancing and not be considered a new acquisition. The firm of Lindquist & Vennum, which is acting as bond counsel on this issue, is satisfied they meet this test. If they are ever determined to be taxable, they could be accelerated and the buyers would be entitled to an additional year's interest as compensation. Mr. Melena said, normally, the City would not allow another bond counsel to be involved, but Lindquist & Vennun had already done so much work on the issue and Mr. O'Meara will only be reviewing the documents on the City's behalf. Bruce Bonjour, of Lindquist & Vennun was present. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1990-88 authorizing the issuance and sale of approximately $3,890,000 Commercial Development Refunding Revenue Bonds (AV Development Project/Commons I) and authorizing execution by the City of related documents. RES. 1990-88 $3,890,000 AV COMMONS BONDS Acting Mayor Humphrey noted that the City still needs easements for 147th Street improvements on this property. John Hanson, one of the partners, was present and said he is meeting with Mr. Gretz tomorrow. Mr. Gretz said the issues involve relocating the a sign and moving the berm along 147th Street. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 8 MOTION: of Holton, seconded by Goodwin, designating the firm of Briggs and Morgan to represent The City as bond counsel in all future bond issues. Ayes - 4 ~ Nays - 0. BRIGGS & MORGAN BOND COUNSEL Ms. Boland reported that a tentative agreement has been reached with the AFSCME maintenance union for a two-year contract. She reviewed pertinent points of the agreement and recommended ratification by the Council. AFSCME LABOR AGREEMENT AFSCME 1990-91 LABOR AGREEMENT ORDINANCE 479 PARKING SPACE REQUIREMENTS ORDINANCE 480 ESCROW ACCOUNTS MOTION: of Holton, seconded by Savanick, ratifying the two-year labor agreement with. the AFSCME Maintenance Union, as approved by the union on April 11, 1990, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 479 amending Sections A1-61, 62 and 63 of Appendix A of the City Code related to parking space requirements for multiple dwellings and commercial areas. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 480 amending Section A1-77 of Appendix A of the City Code to establish escrow accounts to recover City costs and consultant costs. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1990-89 approving specifications and authorizing advertising for sale of the old Liquor Store No. 1 building, by sealed bid at 2:00 p.m. on June 11, 1990, with a $5,000 bid deposit and minimum down payment of $100,000 if City financing is requested. Ayes - 4 - Nays - 0. RES. 1990-89 TAKE BIDS, SELL LIQUOR STORE 1 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 90 accepting the lease agreement between Times Square Shopping Center and Von Hanson's Meat & Deli, Inc., for the premises at 7533 west t48th Street, pursuant to the Cityis lease agreement for the adjoining Liquor Store No. 1 space. Ayes - 4 - Nays - O. RES 1990-90 VON HANSON'S LEASE~AGREEMENT The Council received Mr. Melena's memo dated April 9, 1990, concern- 1990-91 BUDGET ing 1990 and 1991 budgets. He reviewed the implications of the aid REDUCTIONS and levy limit cuts being considered by the legislature. The Council concurred with communicating opposition to these cuts to Dakota County Legislators and signed letters to them. MOTION: of Savanick, seconded by Holton, setting the meeting schedule for May and June 1990, as shown in the City Clerk's memo dated April 1, 1990, with regular meetings at 8:00 p.m. on May 17 and 24 and June 7 and 28. Ayes - 4 - Nays - O. SET MEETING SCHEDULE CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1990 Page 9 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-91 appointing Gene Kitzman and reappointing Richard Carlson and Robert Erickson to terms on the Planning Commission expiring March 1, 1993. Ayes - 4 - Nays - 0. RES. 1990-91 PLANNING COM. APPOINTMENTS GREENSTREETS LIQ. VIOLATION DWI APPEAL APPEAL McCAULEY DECISION WATERCRAFT ON LAKES & PONDS CLAIMS & BILLS The Council received a memo dated April 11, 1990, from Police Captain Cook concerning a liquor law violation at Greenstreets Restaurant on March 20, 1990. It was provided for information only. Mike Molenda was present and reviewed a memo dated April 1, 1990, with the Council. It concerned a DWI case in which the attorney's office is recommending an appeal. MOTION: of Goodwin, seconded by Savanick, authorizing the City Attorney to appeal the decision in the matter of Michael J. McCauley as recommended in the Attorney's memo dated April 11, 1990. Ayes - 4 - Nays ~ 0. The Council received a memo dated April 12, 1990, from Scott Hickok concerning controlling watercraft on area ponds and lakes. It appears the City can apply the same restrictions as are on Lac Lavon to other ponds, streams, etc. This was received for information only. MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 69754, 75491 through 75606, 75637 through 75736 and 75745 through 75936, in the total amount of $4,480,087.74. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:16 o~clock p.m.