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HomeMy WebLinkAbout12/29/1988CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 29th, 1988, 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 Earley, City Engineer Gordon, City Planner Kelley, Building Official Miranowski, Planning Intern Plummer, Police Chief Rivers and Planning & 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 Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA DEC. 15, 1988 MINUTES MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of December 15th, 1988, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council at . AUDIENCE DISCN. this time on any item not on this meeting's agenda. There was no one present to speak. Patricia Pariseau, Senator-elect of District 37, was present as an observer at the meeting. MOTION: of Humphrey, seconded by Savanick, adding appointment of a Firefighter and an agreement for City Hall as-built plans to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA RES. 1988-232 SET MEETINGS & NOTICES SET WORKSHOP & SPECIAL MEETING REPLACEMENT OF LOST BOND CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988~232 setting regular Council meetings on the second and fourth Thursdays of each month at 8:00 p.m. and specifying notice procedures for meetings. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, setting a goal setting workshop at 5:30 p.m. on January 26 and 8:30 a.m. on January 27, 1989, at the LaCorte Inn, in Lakeville, and setting a special meeting at 8:00 p.m. on February 2, 1989, at City Hall. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving issuance of a replacement for lost General Obligation Park Bond of 1986, 7.8%, due 08/1/2005, Certificate #R-771 @ $20,000 registered in the name of Paine Webber Incorporated and accepting the indemnity bond for it. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1988 Page 2 MOTION: of Humphrey, seconded by Savanick, approving an increase in the fee charged for special assessment searches to $10.00 effective January 1, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving Change Order No. 2 to the contract with Fredrickson Excavating for Project 87- 280, Miscellaneous Storm Sewer Improvements, in the amount of an additional $13,021.48. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by·Savanick, approving Change Order No. 3 to the contract with Fredrickson Excavating for Project 87- 280, Miscellaneous Storm Sewer Improvements, in the amount of an additional $40,958.55 for Reflection Road storm sewer. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving Change Order No. 4 to the contract with Fredrickson Excavating for Project 87- 280, Miscellaneous Storm Sewer Improvements, in the amount of an additional $15,915.94 for 140th Street restoration. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Savanick, approving Change Ordor No. 2 to the contract with J. P. Norex, Inc., for Project 88- 297, Woods Additions Improvements, in the amount of an additional $2,765.50. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Savanick, approving Change Order No. 1 to the contract with Austin P. Keller Construction for Project 88-298, Huntington 2nd Addition Trunks, in the amount of an additional $7,294.04. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Savanick, approving an agreement with Knutson Rubbish Service, Inc., for rubbish removal services at City facilities for 1989 at a net monthly rate of $707.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, secondsd by Savanick, adopting Resolution No. 1988-233, amending Resolution No. 1988-224, by setting the public hearing for Project 89-315, Guild Avenue Extension to 140th Street, at 8:00 p.m. on February 2, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988-234, amending Resolution No. 1988-225, by setting the public hearing for Project 89-316, Apple Valley Apartments Storm Sewer Trunks, at 8:00 p.m. on February 2, 1989. Ayes 5 - Nays ~ O. ASSESSMENT SEARCH FEE CHANGE ORDER 2 PROJ. 87-280 CHANGE ORDER 3 PROJ. 87-280 CHANGE ORDER 4 PROJ. 87-280 CHANGE ORDER 2 PROJ. 88-297 CHANGE ORDER 1 PROJ, 88-298 RUBBISH SERVICE AGREEMENT RES. 1988-233 SET HEARING PROJ. 89-315 RES. 1988-234 SET HEARING PROJ. 89-316 CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1988 Page 3 MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988-235 approving specifications for a Diesel Engine Driven Pickup Street Sweeper and authorizing advertising for bids to be received at 2:00 p.m. on January 24, 1989. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988-236 writing off uncollectible debts owed to the City in the total amount of $1,132.41. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988-237 authorizing the transfer of $110,752.00 from the Police Relief Fund (06) to the General Fund (01) for 1988. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1988-238 authorizing the transfer of $191,000.00 from the Liquor Fund (26) to the General Fund (01) for 1988. Ayes - 5 - Nays ~ O. MOTION: of Humphrey, seconded by Savanick, approving 1989 City liquor liability insurance with St. Paul Fire & Marine for Valleywood Golf Course, at a premium of $1,535, and for Liquor Store No. 2, at a premium of $4,193; and with Transcontinental for Liquor Store No. 1, at a premium of $12,264. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving four percent general salary increases for 1989 for Schedule III employees and range advancements, as recommended in the City AdministratorWs memo dated December 27, 1988, resulting in total salaries as follows: John Gretz ~ $58,640; Lloyd Rivers - $58,640; Randy Johnson - $47,320; Bruce Erickson - $50,840; Lynn Boland - $46,410; and Tom Lawell - $42,588. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving four and one- half days of vacation leave for the City Administrator, from December 30, 1988, through January 6, 1989, as requested in his memo dated December 27, 1988. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, granting a parental leave of absence, without pay, to Joseph Shaw, Police Officer, effective January 18th through approximately April 7th, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving hiring Sandra Wagner for the fulltime position of Recreation Specialist at a starting salary of $21,632 effective February 6, 1989. Ayes - 5 - Nays - 0. RES. 1988~235 TAKE BIDS STREET SWEEPER RES. 1988-236 WRITE OFF DEBTS RES. 1988-237 POLICE RELIEF FUND TRANSFER RES. 1988-238 LIQUOR FUND TRANSFER 1989 LIQUOR INSURANCE 1989 SCHEDULE III SALARIES ADMINISTRATOR VACATION SHAW LEAVE OF ABSENCE HIRE WAGNER REC. SPECIALIST CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1988 Page 4 MOTION: of Humphrey, seconded by Savanick, approving membership of Alan Cross in the Apple Valley Fire Department as recommended by the Fire Chief. Ayes - 5 -Nays - 0. CROSS FIRE DEPT. MEMBER CITY HALL AS-BUILT PLANS RES. 1988-239 TO 243, ON-SALE LIQUOR & WINE LICENSES ORDINANCE 428 PLUMBING & HEATING FEES ORDINANCE 429 EXTEND REFUSE COLLECTION LIC. MOTION: of Humphrey, seconded by Savanick, approving an agreement with Cording-Natwick-Hilbert Architects to develop As-Built drawings of City Hall at a cost not to exceed $3,000. Ayes 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Humphrey, approving renewal for 1989 of on-sale liquor and wine licenses by adopting Resolutions No. 1988-239 for Rich Mgr., Inc., d/b/a Apple Place; No. 1988-240 for DVH, Inc., d/b/a R'Berry's; No. 1988-241 for Cedar Valley, Inc., d/b/a Apple Valley Greenstreets; No. 1988-242 for Apple Valley American Legion Post 1776; and No. 1988-243 for Pizza & Pizzazz, Inc., d/b/a Carbone's Pizza & Pizzazz. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 428, amending City Code Section 1-23, revising fees for plumbing and heating permits by basing the fees on size of heating and cooling units and number of plumbing fixtures. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 429, amending City Code Section ll-8(d), extending the expiration date for current refuse collection licenses to April 1, 1989. Ayes - 5 - Nays - O. Mr. Melena said the Urban Affairs Committee is currently investigating options on a city-wide household recycling system which must be in place by April 1, 1989. By that time, a revised ordinance on licensing refuse haulers should also be recommended by the Council. The Committee's next meeting is January 3, 1989, at 7:00 p.m. Councilmember Humphrey asked that the Council receive copies of agenda and minutes of the meetings. Mr. Kelley reviewed the Planning Commission report on a proposed Rapid RAPID OIL Oil Change facility at the northeast corner of County Road 42 and CHANGE FACILITY Garden View Drive. The petitioner agreed to an additional nine-foot easement along the east side of the property to allow driveway access for the existing businesses on the east. The Planning Commission determined that the proposed use be interpreted to fall within the definition of a "motor fuel station" negating the need for a rezoning. Mr. Kelley showed a revised site plan relocating the building to the northeast corner of the site at an angle. If the use changed in the future, it would be possible to connect the building to the small shopping center to the east and make the building part of the complex. This was suggested by Staff and has not been reviewed by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1988 Page 5 MOTION: of Holton, seconded by Goodwin, denying a rezoning to "RC" on part of Lot 11 and Lot 12, Block 3, Bob's Garden View 3rd Addition; interpreting the definition of "motor fuel station" to include an oil change facility in an "NC" zone; and approving a conditional use permit for a motor fuel station with service bays on the property, as recommended by the Planning Commission. RAPID OIL CHANGE CONDITIONAL USE PERMIT Mark Gilbertson, of Rapid Oil Change, was present and said they have not seen the revised plan. They believe the business will be successful and there is no need to provide a building for an alternate future use. They believe the building materials they are proposing are quality materials. Councilmember Goodwin asked if they would consider talking with Staff about the revised site proposal? Mr. Gilbertson said they believe they have already made concessions on the site concerning access and would not want the building pushed back from County Road 42. Councilmember Humphrey said the lot size has been reduced by street widenings and is a very tight fit for a building. He also questioned whether this is the proper use for the site. Mr. Gilbertson said the use has relatively low traffic generation and does not coincide with rush hour traffic. Councilmember Holton said he would prefer the building set back, at an angle, as the Mobil station is and he would prefer a brick exterior. Mayor Branning concurred and said whatever is done should be more attractive than what is there now and not use break-off block. Councilmember Savanick said she does not believe the use is compatible with a neighborhood center zone and should be located with other car repair businesses. Mr. Gilbertson said their market area has been shown to be a three-mile radius and basically serves the neighborhood. Dave Werdick, 960 Whitney Drive, said he is a resident and also works for Valvoline and had seen the site vacant. He would like to see it developed and asked what the Council wants to see on the site? Councilmember Humphrey said he would prefer something that could be joined to the shopping center in the future because the site is so tight. Mr. Melena said the City would also like to see the site developed and had made an offer to purchase the site but it was turned down. Mayor Branning said the Council is trying to encourage commercial development downtown. There are a few areas in the City with neighborhood centers and they should contain only uses that serve the neighborhood. Mr. Melena asked if the petitioners would meet with Staff on the revised site plan? Representatives expressed concern about timing, but concurred with tabling until January 5, 1989. Councilmember Holton said he doesn't believe the use is a problem, but the building should be located at an angle, constructed with quality building materials and tone down the signage. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1988 Page 6 MOTION: of Humphrey, seconded by Goodwin, tabling consideration of the Rapid Oil Change proposal until January 5, 1989, to allow the petitioners to work with Staff on the site plan. Ayes - 4 - Nays - 0 (Holton Abstained). TABLE RAPID 0IL CHANGE 1989 LICENSES & PERMITS MOTION: of Humphrey, seconded by Holton, approving the 1989 licenses and permits as contained in the list provided by the City Clerk dated December 29, 1988. Ayes - 5 - Nays - 0. Mr. Melena reviewed the sites that have been investigated in looking LIQUOR STORE for a new liquor store site. The criteria required the site be on SITE REPORT the west side of Cedar Avenue and north of County Road 42. Five sites are described in the memo from Economic Research Corporation dated December 14, 1988. The two preferred sites, at this time, are the east end of Apple Valley Center and north of the Super Store at 14§th and Cedar. A future preferred site would be the southwest corner of 143rd and Cedar. Because the City is involved in downtown redevelopment, it would be appropriate for the City to show a commitment by locating the liquor store there. Mr. Melena suggested pursuing a five-year lease with Apple Valley Center and acquiring the site at 143rd and Cedar for the future. As part of the lease, Apple Valley Center would be asked to improve the facade, back of the shopping center, etc. Councilmember Goodwin questioned whether a five-year lease is realistic and long enough. Councilmember Holton questioned traffic flow at the frontage road. Mayor Branning said doing something with the back of the building could improve traffic flow and suggested the topic be discussed further at the goal setting session. Councilmember Savanick expressed concern about leasing space and acquiring a future site at the same time. Mr. Melena said the Council should also be aware that the site at 143rd and Cedar would be subject to zoning and land use considerations. Mr. Melena reviewed the legislative issues contained in position LEGISLATIVE statements prepared by the Dakota County Administrators/Managers ISSUES dated December 5, 1988. In addition, enforcement of Minnesota Pre- vailing Wage Law has emerged as a concern. The Council concurred with all the issues except institution of a wheelage tax; no purpose is stated and appears to be taxation to provide extra funds only. The issues the Council considered most important were keeping the homestead tax credit, simplifying the property tax structure and constructing cross county highways. MOTION: of Goodwin, seconded by Humphrey, approving the Dakota County Administrators/Managers 1989 legislative issues except institution of a wheelage tax. Ayes - 5 - Nays - 0. LEGISLATIVE POSITIONS GOAL SETTING SCHEDULE Mr. Melena distributed a time table and list of 37 participants tent- atively scheduled to attend the January 26-27, 1989, goal setting sessions at the LaCorte Inn. The Council reviewed the information and concurred with it. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1988 Page 7 Mr. Melena distributed a sketch of a proposed parking lot on High HIGH SCHOOL School property, south of 140th Street and east of Hayes Road. The PARKING LOT lot is estimated to cost $61,000 and would provide spaces for 82 vehicles. Mayor Branning asked the Engineer to redraft it, moving the lot driveway east to align with 137th Street. Mr. Melena asked how much of the cost the City would be willing to pay? The Council acknowledged that some type of cost sharing would probably have to be arranged and asked Staff to prepare a proposal. MOTION: of Humphrey, seconded by Goodwin, setting a special City SET SPECIAL Council meeting at 8:00 p.m. on January 5, 1989, for newly MEETING elected officials to take the oaths of office. Ayes - 5 - Nays - 0. Councilmember Savanick asked if people are allowed to occupy houses WATER/GARBAGE in the City where water has been turned off? Mr. Melena said there CONCERNS is no procedure to institute eviction proceedings. If water is turned off for nonpayment, it is assumed it will be turned on again. He will have this reviewed and report back. Mayor Branning said he has noticed more bags of garbage lying around the City. He asked that an attempt be made to identify where they came from when they are cleaned up. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 65361 through 65366, 65369 through 65452 and 65466 through 65554, in the total amount of $3,739,285.36. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:20 o'clock p.m.