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HomeMy WebLinkAbout07/13/1989CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 · Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 13th 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz Park & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Police Chief Rivers and Community Development Director Welsch. Mayor Branning 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 Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA JUNE 22, 1989 MINUTES MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of June 22nd, 1989, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Randy Johnson "MUD MANIA" distributed a brochure and reminded everyone that the fifth annual "mud mania" event will be held at Scott Park on Saturday, July 15, 1989. Gary Shade, 15989 Garden View Drive, asked whether the Police Chief AUDIENCE DISCN. has advised stores that the Police request for names of individuals purchasing shot pellets is voluntary. He believes it is not an appropriate action by the Police Department. Chief Rivers said the stores have been informed that this is voluntary. Mayor Branning said he was aware of the article in the newspaper concerning Mr. Shade's objection to providing his name. This is a forum for citizens to bring matters to the Council and issues with Staff should be addressed separately. MOTION: of Holton seconded by Goodwin, adding amendment of expense reimbursement policy to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA RES. 1989-130 FIRE DEPT. DONATION CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 130 accepting a donation of $1,500.00 from Knights of Columbus, Father Carey Council, toward purchase of Fire Department water rescue equipment. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989 131 accepting donations of $1,500.00 from Knights of Columbus; $343.89 from Namron Company; and $200.00 from Valvoline Instant Oil Change toward purchase of Police Department equipment. ~Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing sending a letter to President Bush supporting declaration of a National Environmental Clean-Up Month in April of 1990. Ayes~,- 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, forwarding a letter from Carole Keene concerning the intersection of 140th Street and Diamond Path to the Dakota County Highway Engineer. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving 1989 licenses for coin-operated amusement devices at Main Avenue Video, located at 14113 Galaxie Avenue and 7600 West 150th Street. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, receiving the resolution of Apple Valley Firefighters' Relief Association certifying its request for a 1989 tax levy, payable in 1990, of $17,100. Ayes - 5 ~ Nays ~ O. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1989- 132 approving division of special assessments for: 18171, Rodeo Hills; 18175, Solomonson/Georgia Drive; 18176, future Huntington 3rd~ 18245, Acorn Hill; 18266, Huntington 3rd Addition; and 18269, future Galaxie Park 3rd. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1989- 133 approving the final plat and development agreement for Williamsburg Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 134 certifying completion of the conditions required in the Tax Increment Financing Development Agreement with PR Development Company for Commons II. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 135 approving the Tax Increment Financing Development Agreement with Wirsbo, Inc., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1989-131 POLICE DEPT. DONATIONS SUPPORT NATIONAL CLEAN-UP MONTH 140TH & DIAMOND PATH LETTER MAIN AVENUE VIDEO LICENSES FIRE RELIEF TAX LEVY RES. 1989-132 VARIOUS ASSMT. DIVISIONS RES. 1989-133 WILLIAMSBURG FINAL PLAT RES. 1989-134 CERTIFY COMPLETE COMMONS II RES. 1989-135 WIRSBO TIF AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 Page 3 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 136 approving specifications for Project 88-318, Palomino Water Reservoir Repainting, and authorizing advertising for bids to be received at 2:00 p.m on August 3, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 88-298, Huntington 2nd Trunk Improvements, as final and authorizing final payment on the contract with Austin P. Keller Construc- tion in the amount of $5,760.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 137 receiving the preliminary engineering report on Project 88-3101 Minnesota Zoo Storm Sewer, and setting a public hearing on it at g:00 p.m. on August 10, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 138 approving Dakota County State Aid revocation on the old alignment of County Road No. 9 and new designations on County Roads No. 9 (Dodd Boulevard) and No. 46 (160th Street). Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Goodwin, adopting Resolution No. 1989- 139 authorizing installation of various stop signs on Glasgow Lane, Geyser Path, Georgia Drive and Garrett Avenue at Upper 136th Street; on Upper 136th Street at Galaxie Avenue; and on Edinbrook Path and Edinborough Way at Diamond Path. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 140 removing the parking restrictions implemented by Resolution No. 1988-141 on Herald Way between 137th and 140th Streets. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Ghange Order No. 5 to the contract with Lovering Associates for Project 85-236, Water Treatment Facility, in the amount of an additional $2,113.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a one-year lease agreement with Independent School District 196 for part of Hayes Community Building for $8,000.00 plus utilities and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, rejecting the City's first option to purchase Lot 6, Block 1, LaPaz Addition, as recommended by the Parks & Recreation Advisory Committee. Ayes - 5 - Nays - 0. RES. 1989-136 TAKE BIDS PROJ. 88-318 FINAL PAYMENT PROJ. 88-298 RES. 1989-137 SET HEARING PROJ. 88-310 RES. 1989-138 COUNTY STATE AID DESIGNATIONS RES. 1989-139 INSTALL VARIOUS STOP SIGNS RES. 1989-140 ALLOW PARKING ON HERALD WAY CHANGE ORDER 5 PROJ. 85-236 IDS 196 HAYES BUILDING LEASE REJECT PURCHASE LAPAZ ADDN LOT CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 Page 4 MOTION: of Holton, seconded by Goodwin, setting a hearing on the grievance, as requested by Joseph Dvorak and Thomas McMurchie, at 7:30 p.m. on July 27, 1989, at City Hail. - 5 - Nays - O. SET GRIEVANCE HEARING MOTION: of Holton, seconded by Goodwin, approving an agreement with Fairview Ridges Hospital to administer physical fitness testing involved in the Master Patrol schedule of the Police Union Contract. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwinl approving a leave absence without pay for Barbara Hickman from July 5 to October 1, 1989. Ayes - 5 - Nays ~ O. FAIRVIEW RIDGES MASTER PATROL TESTING HICKMAN LEAVE OF ABSENCE HIRE PARTTIME EMPLOYEES RES. 1989-141 AMEND EXPENSE REIMB. POLICY MOTION: of Holton, seconded by Goodwin, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated July 13, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 141 amending the expense reimbursement policy effective January 1, 1989, allowing special conditions under which overnight accommodations in the seven-county metro area will be reimbursed. Ayes - 5 ~ Nays - 0. END OF CONSENT AGENDA Mr. Melena reviewed his memo dated July 10, 1989, concerning an analy- LIQUOR STORE sis of liquor operations and specifically Liquor Store No. 1. He REHAB PROJECT recommends moving the store to Apple Valley (Levine) Center and showed architectural sketches with an addition to the building suggested. Sketches have also been prepared showing overall site improvements and parking and traffic management plans. In addition, the Granada Center owners are willing to commit to $300,000 of improvements to upgrade the exterior of their mall. Mayor Branning said the recommendation has three major advantages to the City. It improves the structures in the northwest quadrant of downtown; solves the traffic problems in the parking lots; and improves the ri'ght turns in and out from Cedar. MOTION: of Humphrey, seconded by Savanick, authorizing Staff to enter into a 10-year lease, at $7.50 per square foot, for 9,580 square feet of space in Apple Valley Center for Liquor Store No. 1 as recommended in the City Administrator's memo dated~ July 10, 1989. LEASE FOR LIQUOR STORE 1 MOTION: of Holton, seconded by Savanick, amending the motion by stipulating that this is subject to moving the access from Cedar Avenue farther south, as shown on the architect's sketch. Ayes - 5 - Nays - O. AMEND MOTION CEDAR ACCESS CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 Page 5 Councilmember Goodwin said he does not like the idea of leasing and believes the City should be buying a site. However, the future of municipal liquor is uncertain; if grocery stores are allowed to sell wine, it may be the end of the Gityfs business. The shopping center needs improvements including straightening out the parking lot and this will be accomplished. MOTION: of Goodwin, seconded by Humphrey, amending the motion by stipulating that it is further subject to making the parking lot and street improvements in both Apple Valley Center and Granada Center as shown on the traffic management plan presented. AMEND MOTION TRAFFIC MANAGEMENT PLAN Mr. Sheldon noted that one of the conditions of the lease being discussed is that it allows the City to break the lease if it goes out of the liquor business. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mr. Melena reviewed his memo dated July 10, 1989, concerning formation AMPHITHEATER of an amphitheater study group. With the Zoo's announcement of its STUDY GROUP intentions to accept proposals for an outdoor amphitheater, the City will need information as to potential problems and solutions to deal with such a development. If the project proceeds, expenses of such a study group would be reimbursed as a cost of the developer. MOTION: of Goodwin, seconded by Holton, establishing an amphitheater study group, to be appointed by the Council, consisting of the Community Development Director, one Planning Commission member, one citizen and two Councilmembers. ESTABLISH AMPHITHEATER STUDY GROUP Councilmember Goodwin noted that if the Zoo does not come forward with a formal proposal there will be no point in pursuing the Study Group. Councilmember Humphrey concurred and noted on-site tours are necessary to deal with this type of development. Mayor Branning said that anyone interested in being part of the group should submit their name to the City Administrator. He will make a recommendation back to the Council of the names and timing, to coincide with the project, should the Zoo proceed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:42 p.m. on PUBLIC HEARING Project 89-329, Hyland Pointe Shores Utility and Street Improvements, PROJ. 89-329 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report for the sanitary sewer, water, storm sewer and street improvements. An additional storm sewer pipe will be installed to drain toward the west if a ponding area is established in the park in Burnsville. This is the last 13 percent of area that will drain into Lac Lavon. The project will be done in two phases with the second phase required to be completed by the time County Road 46 is improved. CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 Page 6 Vicki Gaviglio, 15775 Garden View Drive, said their neighborhood organization is concerned about water quality of the lake. A report by the Dakota County Soil and Water Conservation District (SWCD) estimates that this development will put an extra 15 pounds of phosphorus into the lake. It suggested providing two areas were water can settle before going into the lake. She asked the Council to consider requiring drainage to Burnsville now and putting a sediment retention area on the outlot. Gary Shade, 15985 Garden View Drive, said the engineering report does not include any of the SWCD recommendations. There is a storm sewer outlet next to his lot and he does not believe the sump is being cleaned properly. The DNR recently stocked the lake with rainbow trout and he would like to see the lake kept clean. Mr. Welsch said it is misleading to said that Staff did not take the SWCD recommendations into account. The City has a contract with them and requirements for slope retention, etc., are included in the project. Mr. Kelley worked with them on the phosphorus computations; which does not include existing phosphorus going into the lake now. Using the factor of 15 pounds for this development, a rough estimate would be 75 to 80 pounds. Mr. Gordon said when County Road 46 is improved, its storm sewer is planned to bypass Lac Lavon and go into Crystal Lake. Councilmember Goodwin asked if Burnsville would cooperate on putting in a pond? Mr. Gordon said they were not very interested in having an open pond in the park. The development surrounding the lake is the only area that drains into Lac Lavon. The Longridge area drains into Keller Lake. Mayor Branning asked why no holding ponds wece included? Mr. Gordon said the sides of the development are very steep which limits the area where a pond could be constructed. The Mayor asked for other questions or comments. There were nonce and the hearing was declared closed at 9:10 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-142 ordering installation of Project 89-329, Hyland Pointe Shores Utility and Street Improvements. RES. 1989-142 ORDER PROJECT 89-329 Councilmember Humphrey asked if the long water main will be a problem without being looped? Mr. Gordon said no, because the City now has a water treatment plant. Gouncilmember Savanick asked what thc phasing will be? Mr. Gordon said all utilities will be installed at once. The street will be installed in two phases. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 143 approving plans and specifications for Project 89-329 and authorizing advertising for bids to be received at 2:00 p.m. on August 4, 1989. Ayes - 5 - Nays - 0. RES. 1989-143 TAKE BIDS PROJ. 89-329 CITY OF APPLE VALLEY Dakota County, Minnesota July 13 1989 Page 7 Mr. Kelley reviewed the Planning Commission report on Southport Centre SOUTHPORT (Ryan Construction). Driveway access along the northern portion of (RYAN) CENTRE the parking lot is changed from that shown on the plan. The change from 90-degree to angle parking results in a curved route from 151st Street into the parking lot. The.major anchor will own the area for all of its parking. The building will bo constructed of brick, glass brick and masonry. Al Schackman, of Ryan Construction, was present and said they have used similar materials on a building in Plymouth They expect to start construction in September. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 448 rezoning the Southport Centre (Ryan) area, south of County Road 42 and east of Cedar Avenue, to Zones 1, 2 and 3 of Planned Development Designation No. 244 as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 448 REZONE SOUTHPORT MOTION: of Goodwin, seconded by Humphrey, approving the preliminary SOUTHPORT CENTRE plat of Southport Centre, as recommended by the Planning PRELIMINARY PLAT Commission, and directing preparation of a development agreement. Mr. Kelley noted that the County has indicated more right-of-way may be required alohg Cedar and County Road 42; if so, the final plat would be changed to reflect that. Mayor Branning asked if one row of parking could be eliminated and straighten the driveway from 151st Street? Mr. Kelley said they would have enough parking spaces to comply with City requirements; however, the tenant wants the additional parking spaces. The Council acknowledged this was desirable, but would still prefer to have a straighter driveway as on the initial plan. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit for phase one of Southport Centre, on Lot 1, Block 1, as recommended by the Planning Commission, subject to Council review of detailed construction plans, when prepared, including the service/delivery area. Ayes - 5 - Nays - 0. SOUTHPORT CENTRE BUILDING PERMIT RES. 1989-144 NEGATIVE ElS SOUTHPORT CENTRE ORDINANCE 449 REZONE NORDIC WOODS 12TH MOTION: of Holton, seconded by Humphrey adopting Resolution No. 1989-144, based on the Environmental Assessment Worksheet, making a negative declaration on the need for an Environmental Impact Statement for "Southport Centre". Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 449 amending Planned Development Designation No. 138 by rezoning Lots 1 and 2, Block 1, Nordic Woods 12th Addition to Zone 6 and amending performance standards for Zone 5 of the property as recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 Page 8 Mr. Kelley noted that under the performance standards, one duplex would have to be constructed first if any are going to be built. They would be able to construct modified zero lot line homes on the lots. Lots 1 and 2 are standard single family lots. Vote was taken on the motion. Ayes - 5 - Nays .- 0. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Nordic Woods 12th Addition, in accordance with the grading plan dated June 29, 1989, as recommended by the Planning Commission, and directing preparation of a develop- ment agreement. PRELIM. PLAT NORDIC WOODS 12 REMOVE CUL DE SAC TABLE NORDIC WOODS 12TH PRELIM. PLAT ORDINANCE 450 ALLOW SECOND BUSINESS SIGN MOTION: of Savanick, seconded by Goodwin, amending the motion by requiring removal of the existing cul de sac on 129th Street and extending it west, eliminating the common driveway for Lots 12 to 17, Block 1. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of the preliminary plat until July 27, 1989, and directing Staff to meet with the developer and redesign 129th Street. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Savanick, passing Ordinance No. 450 amending Chapter 6 of the City Code by repealing and replacing Section 6-107(3) providing for business signs on more than one face of a building, subject to the owner of the building designating sign band area, signage plan, size and materials for the signs. Councilmember Humphrey asked when the building owner would designate the area? Mr. Welsch said it could be when a building permit is obtained or later, but it must be the owner who does it. The development agreement could require a signage plan for new buildings. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on a rezoning east SOUTHPORT of Galaxie Avenue and south of 151st Street. Staff had recommended INDUSTRIAL AREA rezoning an additional area north of 153rd Street to "GB-1", but the developer has asked to have it zoned "GB". Mr. Melena noted that even with "CB" zoning, a conditional use permit is required for outside storage. MOTION of Holton, seconded by Goodwin, passing Ordinance No. 451 rezoning part of the West Half of the Northeast Quarter of Section 34 from Agriculture and Planned Development Designation No. 254 to Institutional, General Business and GB-1 as requested by the developer. Ayes - 5 ~ Nays - O. ORDINANCE 451 REZONE SOUTHPORT INDUSTRIAL AREA CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1989 Page 9 MOTION: of Humphrey, seconded by Goodwin, granting a variances to allow an 18 foot parking lot setback and elimination of curbing for all areas except the area on the Cedar Avenue side of the parking lot for Minnehaha Falls Garden Center, subject to engineering review of the curbing material and a bond for curbing and landscaping materials, as recommended by the Planning Commission, provided the work is completed within one year. Ayes - 5 - Nays - 0. MINNEHAHA FALLS PARKING LOT VARIANCES ORDINANCE 452 COMBINATIONS & MINOR SUBDIVISN. HOLTON ACTING MAYOR AMM MEETING CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, passing Ordinance No. 452 amending Appendix B of the City Code by repealing and replacing Sections B1-28 and B1-29 providing for recombina- tion, consolidation, corrections to descriptions and minor subdivision of property without the need for public hearings. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, appointing Councilmember Holton as Acting Mayor. from July 15 through 26, 1989, and authorizing him to sign necessary documents in the absence of the Mayor and Acting Mayor. Ayes - 5 -Nays - 0. Mr. Melena noted that the AMM will be holding a meeting in Burnsville on July 25, 1989, at the Holiday Inn. Mayor Branning and Councilmember Goodwin said they would attend. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 69099 through 69184, 69187 through 69237, 69239, 69240, 69242 through 69304, 69313 through 69394, and 69403 through 69567, in the total amount of $7,745,718.27. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The regular meeting was adjourned at 11:20 o~clock p.m. The Council then continued with a closed meeting, under attorney-client privilege, in the matter of pending litigation on Fischer Sand & Aggregate and McNamara Contracting Co. storm damage claims. The Mayor, all Councilmembers, City Attorney Sheldon, City Administrator Melena and Public Works Director Gretz were present.