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HomeMy WebLinkAbout06/18/1987CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 18th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Recreation Supervisor Johnson, City Planner Kelley, Assistant Administrator Lawell, Planning Assistant McMonigal and Police Chief Rivers. Mayor Branning called the meeting to order at 8:04 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MAY 28, 1987 MINUTES JUNE 3, 1987 MINUTES JUNE 3, 1987 BOARD OF REVIEW AUDIENCE DISCN. CONSENT AGENDA 4TH OF JULY BINGO ALIMAGNET PARTY PERMITS MOTION: of Savanick, seconded by Holton, approving the minutes of the regular meeting of May 28th, 1987, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Savanick, seconded by Humphrey, approving the minutes of the special meeting of June 3rd, 1987, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Humphrey, seconded by Holton, approving the minutes of the Board of Review Meeting of June 3rd, 1987, as written. Ayes - 5 - Nays - 0. Mayor Branning 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 Holton, seconded by Savanick, removing traffic speed study request to the regular agenda, deleting Huntington plat waiver from the agenda and approving all remaining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, receiving notice that Apple Valley American Legion Post 1776 Auxiliary will be conducting bingo at Hayes Community Center on July 4, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving party permits for Ralph Beard, 6951 West 83rd Street, Bloomington, valid on June 27, 1987, only; and for Judith M. Pearson, 14970 Echo Way, Apple Valley, valid on July 11, 1987, only; for picnics at Alimagnet Park pursuant to City Code Section 14.5-3(g)(1). Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Page 2 MOTION: of Holton, seconded by Savanick, approving a 1987 off-sale 3.2 beer license for Apple Valley "66" at 209 County Road 42. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Savanick, approving a temporary on- sale 3.2 beer license for the Apple Valley Jaycees at Hayes Community Center on July 4, 1987. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick approving Change Order No. 1 to the contract with Reisinger Excavating for Palomino Park Earthwork in the amount of an additional $684.00. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Savantck adopting Resolution No. 1987-117 approving specifications for a Park Department trac- tor and equipment and authorizing advertising for bids to be received at 2:00 p.m. on July 7, 1987. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick adopting Resolution No. 1987-118 prohibiting parking on 132nd Street between Cedar Avenue and Galaxie Avenue as required by Municipal State Aid standards. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Savanick adopting Resolution No. 1987-119 awarding a contract for water meters to Badger Meter Co., the low bidder, for a one-year period with the option of renewal. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick adopting Resolution No. 1987-120 awarding the contract for Project 86-263, Grsenleaf Park Estates Improvements, to Ceca Utilities, the low bidder, in the amount of $213,782.10. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick adopting Resolution No. 1987-121 receiving the preliminary engineering report for Project 87-271, Cherry Oak Estates and Bubbers-Krause Additions Improvements, and setting a public hearing on it at 8:00 p.m. on July 9, 1987. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick, adopting Resolution No. 1987-122 receiving the preliminary engineering report for Project 87-274, Salem Woods Improvements, and setting a public hearing on it at 8:00 p.m. on July 9, 1987. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick, amending the development agreement for Pennock Shores 2nd Addition by providing for City construction of 143rd Street and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. A.V. "66" BEER LICENSE A.V. JAYCEES BEER LICENSE CHANGE ORDER 1 PALOMINO PARK RES. 1987-117 PARK TRACTOR SPECS & BIDS RES. 1987-118 NO PARKING ON 132ND STREET RES. 1987-119 WATER METER CONT RES. 1987-120 PROJ. 86-263 AWARD CONTRACT RES. 1987-121 PROJ. 87-271 SET HEARING RES. 1987-122 PROJ. 87-274 SET HEARING AMEND PENNOCK SHORES 2ND ADDN. AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Page 3 MOTION: of Holton, seconded by Savanick, directing the Engineer to prepare a preliminary feasib£1tty report on Project 87-276, extension of 143rd Street west of Cedar Avenue. Ayes - 5 - Nays - 0. PROJ. 87-276 PREPARE REPORT TIRES PLUS PLAT DENIAL P.C. LOT SIZE RECOMMENDATION HIRE SPRINGSTROH STREET MAINTENG. HIRE PARTTIME EMPLOYEES SPEED SURVEY PENNOCK & 140TH MOTION: of Holton, seconded by Savanick, directing the City Attorney to prepare a finding of fact for the purpose of denial of Tires Plus preliminary plat because an overall development plan has not been submitted. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, receiving the Planning Commission's recommendation of June 3, 1987, concerning subdivisions which do not meet minimum R-lC lot size standards. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring Paul Springstroh as a fulltime Street Department Maintenance Worker effective June 30, 1987, at a salary of $8.14 per hour. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring the various parttime employees as listed in the Personnel Director's memo dated June 15, 1987. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Savanick, seconded by Goodwin, adopting a resolution requesting the Minnesota Department of Transportation to conduct speed limit surveys on Pennock Avenue between 138th and 140th Streets, and on 140th Street between Cedar Avenue and Garden View Drive. Councilmember Holton said the request on 140th Street should be only for the area between Cedar and Pennock as originally suggested. The Mayor said he would like accident information on 140th Street before making a decision. Police Chief Rivers said he would have the information for the next meeting. MOTION: of Humphrey, seconded by Goodwin, tabling this motion until June 25, 1987. Ayes - 5 - Nays - 0. TABLE MOTION Councilmember Savanick asked that accident information be provided on 140th Street between Cedar Avenue and County Road 11. Mayor Branning said the Council has discussed administrative and police work space needs and he has asked some citizens to assist him in evaluating the matter and making a recommendation. This ad hoc advisory committee will be chaired by Rick Carlson with Matt Fischer, Slim Steele and Scott Lichty as members. SPACE NEEDS ADVISORY COMMITTEE Councilmember Holton said he would like Ed White, Glen Galles and Gary Fieber to serve on the committee also and asked whether Council approval of the committee is required. CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Page 4 The Mayor said he would prefer not to expand the committse. Mr. Sheldon said the Mayor, or any member of the Council, can appoint an advisory committee to assist them. Coun- cilmember Holton said he is appointing those mentioned as his ad hoc advisory committee. Mayor Branning reconvened the 1987 Board of Review Meeting at 8:24 BOARD OF REVIEW p.m. which was recessed June 3, 1987. Marvin Pulju, of the Dakota CONTINUANCE County Assessor's Office, was present and said 145 people signed the roster June 3rd and 14 letters were received. After talking with these individuals, 74 requested reviews of their property. These reviews are nearly completed and will be done before the County Board of Equalization meets in July. Those property owners who have followed this process have retained their right to continue appeals of their property values should they desire to do so. Councilmember Goodwin asked if those whose reviews have been completed were satisfied? Mr. Pulju said he believed so and most people wanted an explanation of the process. MOTION: of Goodwin, seconded by Savanick, accepting the Dakota County Assessor's report and closing the 1987 Apple Valley Board of Review Meeting. Ayes - 5 - Nays - 0. (Closed at 8:26 p.m.) CLOSE BOARD OF REVIEW MEETING Mayor Branning called the public hearing to order at 8:27 p.m. on Pro- PUBLIC HEARING ject 87-269, Foster's Addition Improvements, and noted receipt of the PROJ. 87-269 affidavit of publication of the hearing notice. Mr. Gordon reviewed FOSTER~S ADDN. the preliminary engineering report on the project which will provide water for the three lots and the Brum property to the south. It will provide sanitary sewer from Eagan for the three lots. The Mayor asked for comments from the public. Brad Swenson said he owns Lot 3, but does not intend to build yet. He would like to amend the plat and make this an outlot. He would like installation of sanitary sewer for this lot held until he builds, but will accept the other water and storm sewer assessments now. Tony Foster said he owns Lots 1 and 2 and would like to proceed with installation of the improvements as soon as possible. There being no further comments, the hearing was declared closed at 8:42 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 123 ordering installation of Project 87-269, Foster's Addition Improvements. Ayes - 5 - Nays - 0. RES. 1987-123 PROJ. 87-269 ORDER INSTALLATN RES. 1987-124 PROJ. 87-269 PLANS & SPECS. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-124 directing the Engineer to prepare plans and speci- fications for Project 87-269 excluding sanitary sewer for Lot 3, Foster's Addition, at this time. Ayes - 5 - Nays - O. Mr. Kelley reviewed the Planning Commission's recommendation regarding INDOOR SOCCER a Comprehensive Plan Amendment for an indoor soccer facility in Section FACILITY 34. If the proposal is acceptable, rezoning and platting can be acted on after the Metropolitan Council has reviewed it. Dennis Griswold, landscape architect; Carl Fredrickson, project architect; and Mike Warder, developer's representative; were present to describe the project. CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Page 5 Mr. Griswold described the 400-foot by 400-foot site at future 157th Street and future Galaxie Avenue. The building will cover 32 percent of the site and parking will cover 33 percent. The first phase will be a building containing one field on the north side of the site with support facilities. The second phase will contain another field on the west side of the site. Mr. Fredrickson described the facility which will have a textured concrete exterior. Spectator areas will be limited to a 10 to 15~foot area on the side of the fields since these activities typically do not draw many spectators. Seating will be provided for two teams at a time. Tho fields will be of an artificial grass type on a pad. The facility is similar to one in Maplewood. MOTION: of Savanick, seconded by Goodwin, authorizing submitting the proposed Comprehensive Plan amendment to the Metropolitan Council for a D-IV/PK designation on part of the Northeast Quarter of the Southwest Quarter of Section 34 to accommodate an indoor soccer facility as recommended by the Planning Commission. Ayes - 5 - Nays ~ 0. SOCCER FACILITY COMPREHENSIVE PLAN AMENDMENT Mr. Gordon reviewed the preliminary engineering report for Project 86- 153RD & GALAXIE 225, 153rd Street and Galaxie Avenue Improvements, including a storm PRELIM. REPORT water holding pond east of Menards. He noted the report was prepared in two parts. If 157th Street, in the proposod Apple Ponds development, is not constructed, it will be necessary to extend Galaxie Avenue for access to the soccer facility. It should also be noted that street and utility easements will be needed from abutting property owners. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-125 receiving the preliminary engineering report for Project 86-226, 153rd Street and Galaxie Avenue Improvements, and setting a public hearing on it at 8:00 p.m. on July 9, 1987. Ayes D 5 - Nays - 0. RES. 1987-125 PROJ. 86-225 SET HEARING Apple Ponds revised proposal was removed from the agenda until June 25, 1987. Mr. Lawell reviewed his memo dated June 11, 1987, regarding Metro CABLE FRANCHISE Cable's request for an amendment to the franchise. The franchise now AMENDMENT requires upgrade of the cable television system to 58 channels by the end of 1988. A time extension to complete this upgrade is being requested. MOTION: of Savanick, seconded by Goodwin, referring Metro Cable's request for a franchise amendment to the Cable Television Committee for a recommendation. REFER AMENDMENT TO CABLE COM. Frank Woytek, of Metro Cable, was present and expanded upon the request as contained in his letter dated June 1, 1987. Market conditions have changed since projections were made in 1984. Subscribership has underperformed, construction costs have been higher and these factors have contributed to the financial difficulties. Vote was taken on the motion. Ayes ~ 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Page 6 Request for funeral home police escort and an ordinance regulating motorboats on Lac Lavon were removed from the agenda. Ms. McMonigal reviewed the Planning Commission report on a variance request to allow signage for the new construction to extend around the entire building at Apple Valley Shopping Center. The Planning Commission recommended denial because the request does not meet the criteria in the ordinance for granting it. MOTION: of Holton, seconded by Humphrey, granting a sign variance on Lots 3 and 4, Levine Addition to allow signage on the south side of the building. A.V. SHOPPING CENTER SIGN VARIANCE Councilmember Savanick said the building may need extra signage to be visible from County Road 42. Councilmember Holton said if this were allowed, there are many other businesses which would make the same request. Vote was taken on the motion. Ayes - 1 (Savanick) - Nays - 4. Motion Failed. Mr. Kelley reviewed the Planning Commission report on the proposed ROYAL OAKS Royal Oaks subdivision located north of 132nd Street and east of Cedar SUBDIVISION Avenue. Only Block 1 of the preliminary plat will be rezoned to R~1C at this time. If the developer wishes to develop Outlot A as single family lots, a . Comprehensive Plan amendment will be required because that area is designated D-III. MOTION: of Goodwin, seconded by Savanick, passing Ordinance No. 395 rezoning Block 1 of Royal Oaks in part of the North Half of the Northwest Quarter of Section 22 from R-IA to R~1G as recommended by the Planning Commission. ORDINANCE 395 REZONE ROYAL OAKS TO R-lC Councilmember Holton asked if a looped street rather than a cul de sac could be used in the subdivision? Mr. Kelley said no, the topography limits street design. Mr. Holton suggested changing the rear lot line of Lot 12 to accommodate access to Outlot A. Mr. Coady, the developer, was present and concurred that both Lots 11 and 12 would be adjusted. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Royal Oaks, as recommended by the Planning Commis- sion, and directing preparation of a development agreement. ROYAL OAKS PRELIMINARY PLAT AMEND MOTION MOTION: of Holton, seconded by Goodwin, amending the above motion by requiring that the rear lot lines of Lots 10, 11, 12 and 13 follow a straight line. Ayes - 3 - Nays - 0 (Humphrey and Savanick Abstained). Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Page 7 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-126 receiving the preliminary engineering report for Project 87-275, Royal Oaks Subdivision Improvements, and setting a public hearing on it at 8:00 p.m. on July 9, 1987. Ayes - 5 - Nays - 0. RES. 1987-126 PROJ. 87-275 SET HEARING Mr. Gretz reviewed his memo dated June 15, 1987, regarding the build- ANDY~S MARKET ing permit for Andy's Market approved April 23, 1987. The approval BUILDING PERMIT was contingent upon access to and adding a right turn lane on 140th Street. The County has refused to issue such a permit and reconsideration of the building permit without access is requested. MOTION: of Humphrey, seconded by Goodwin, reapproving the April 23, 1987, building permit and variances for Andy's Market with no access to 140th Street. REAPPROVE ANDY'S MARKET PERMIT Councilmember Holton said he believes the proposed construction is too large for the lot unless it has access to 140th Street and he would prefer to have it redesigned. Mr. Elasky was present and said the building was designed with 140th Street access to accommodate traffic. He doesn't believe he could increase business to justify the size of the building unless he has the access. Mayor Branning said 140th Street is scheduled to be turned back to the City in 1988 and the City may be able to construct a turn lane then. Councilmember Holton said he is concerned that if the building is built, the County may allow access without a turn lane and the building should be redesigned to prevent this. The Mayor said he believes the City was given authority to approve of curb cuts on 140th Street. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Holton). MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-127 requesting Dakota County not to issue permits for curb cuts on 140th Street without prior approval of the City. Ayes - 4 - Nays - 0 (Holton Abstained). RES. 1987-127 140TH STREET CURB CUTS PROJ. 87-273 RECEIVE REPORT RES. 1987-128 PROJ. 83-13 SET HEARING MOTION: of Holton, seconded by Humphrey, receiving the preliminary engineering report for Project 87-273, 140th Street Right Turn Lane, and placing it on file. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 128 receiving the preliminary engineering report for Project 83-13, Granada Avenue Improvements, and setting a public hearing at 8:00 pom. on July 9, 1987. Ayes - 5 - Nays - 0. Ms. McMonigal reviewed her memo dated June 12, 1987, regarding the PUBLIC HEARING Planning Commission's recommendation for additional advertising of NOTICE POLICY public hearings on rezonings and subdivisions. The Council discussed current practices which go beyond what state law requires. Councilmember Humphrey suggested rather than newspaper advertising, notices could be sent to the cable television bulletin board. CITY OF APPLE VALLEY Dakota County, Minnesota June 18, 1987 Page 8 MOTION: of Humphrey, seconded by Savanick, to continue with the City's current policy for rezontng and subdivision public hearings of publishing legal notices and mailing notices to proporty owners within 350 feet. Ayes - 5 - Nays -0. MOTION: of Goodwin, seconded by Holton, accepting the resignation of Stanley Fedoruk from the Urban Affairs Committee effective immediately and thanking him for his service. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, retaining the firm of Loren L. Law & Associates, Inc., to provide recruitment services for a City Administrator at a fee of $10,000, plus expenses, and authorizing the Mayor and Clerk to execute an agreement. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, directing the City Engineer to prepare a preliminary report for Johnny Cake Ridge Road modifications at the Zoo entrance. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a temporary slope easement on Outlots 6 and 9, Apple Valley 3rd Addition, for County Road 42 improvements at Redwood Park and authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring the various parttime employees as listed in the Personnel Director's memo dated June 18, 1987. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 31133, 31134, 54965 through 55000, 55003 through 55048, 55051 through 55070, 55079 through 55181 and 55191 through 55328, in the total amount of $6,321,373.08. Ayes - 5 - Nays -0. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:20 o'clock p.m. NO CHANGE IN PUBLIC HEARING POLICIES FEDORUK URBAN AFFAIRS RESIGN. LOREN LAW FOR ADMINISTRATOR RECRUITMENT PRELIM. REPORt"' JOHNNY CAKE ROAD MODIFICATIONS COUNTY ROAD 42 SLOPE EASEMENTS HIRE PARTTIME EMPLOYEES CLAIMS & BILLS