CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 14th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin, Humphrey, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski, Deputy Fire Chief Wassmund, and Police Chief Willow.
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 led by members of Scout Troop 204.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. No one was present to speak.
CONSENT AGENDA
MOTION: of Sterling, seconded by Goodwin, removing purchase of a fire pumper truck from the agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of February 22nd, 1996, as written. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-46 accepting, with thanks, the donation of a podium for Hayes Senior Center from the Apple Valley Seniors organization. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-47 accepting, with thanks, the donation of $100.00 toward a City memorial for Arleigh Thorberg from Michael Garrison. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving the Revised D.A.R.E. and Police Liaison Services Agreement, for the 1995-1996 school year, with Independent School District No. 196 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving the one-year Agreement with Sharden Productions, Inc., to produce promotional videotapes for the City and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-48 approving an Application for Exemption from Lawful Gambling License from Apple Valley American Legion Auxiliary, Unit 1776, for an event on April 5, 1996, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving issuance of a Temporary On-Sale Liquor License, by Minnesota Liquor Control Division, to Apple Valley Sons of American Legion, Squadron 1776, for use on July 3-5, 1996, at 14521 Granada Avenue. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving issuance of a 1996 cigarette sales license to Wadsworth Old Chicago, Inc., d/b/a Old Chicago, at 14998 Glazier Avenue. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving adjustment of the fee for the 1996 Excavation Permit for Fischer Sand & Aggregate Co., setting the amount at $6,250.00, as described in the City Administrator’s memo dated March 8, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-49 amending the parking restrictions established, by Resolution No. 1993-260, by allowing parking on the east and north sides of Glazier Avenue between 147th Street and Garrett Avenue, as recommended in the Police Chief’s memo dated March 7, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-50 approving the final plat and subdivision agreement for The Woodwinds 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-51 approving the final plat and subdivision agreement for The Woodwinds 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-52 approving the final plat and subdivision agreement for Garden Oaks Terrace Townhomes (formerly Academy Townhomes) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-53 awarding the contract for Project 95-498, Garden Oaks Terrace Townhomes Utility Improvements, to CECA Utilities, the low bidder, in the amount of $68,077.10. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-54 granting a temporary waiver of platting for Cedar Isle Estates 4th Addition to allow transfer of title on the property prior to platting on a metes and bounds description basis. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-55 awarding the contract for Project 96-509, Cedar Isle Estates 4th Addition Utility and Street Improvements, to Erickson Construction, the low bidder, in the amount of $167,241.30. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving the "Termination of Cost Participation Agreement", with the Fischer entities, for reconstruction of 140th Street, Project 94-440, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, receiving the Planning Commission’s resolution, dated February 21, 1996, concerning annual excavation permit on-site inspection of Fischer Sand & Aggregate Co.’s operations. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for Project 96-515, Waterford Village 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-56 approving plans and specifications for Project 95-484, Cherry Oak Estates 3rd Addition Utility and Street Improvements, and authorizing advertising for receipt of bids on April 11, 1996, at 2:00 p.m. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Ames Construction for Project 95-425, Central Storm Pond Construction, by extending the completion date to June 30, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving various change orders to contracts for Hayes Park Arena construction, in the total amount of a $13,277.33 deduction, as described in the Parks & Recreation Director’s memo dated March 11, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, accepting various contracts for Hayes Park Arena construction as final and authorizing final payments, in the amount of $59,083.74, as described in the Parks & Recreation Director’s memo dated March 11, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving use of the following neighborhood parks for community athletic programs during 1996, as described in the Recreation Specialist’s memo dated March 1, 1996: Apple Ponds, Apple Valley East, Briar Oaks, Delaney, Duchess, Faith, Fred J. Largen, Galaxie, Greening, Greenleaf, Hagemeister, Huntington, Longridge, Moeller, Redwood South, Tintah, and Wildwood. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, authorizing distribution of various promotional items for Apple Valley and Rosemount High Schools’ senior class parties, as described in the Parks & Recreation Director’s memo dated March 8, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving the following for membership in the Apple Valley Fire Department, as volunteer firefighters, as listed in the Fire Chief’s memo dated March 8, 1996: Michele Rasmussen, Don Siefert, Kirk Haugan, Shawn Kutney, Jon Hanson, Andrew LeRoy, and Trudy Hagert - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated March 14, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving extending Ronald Walker’s medical leave of absence until October 12, 1996, as described in the Personnel Report dated March 14, 1996. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
PROJECT 95-490, CHRYSLER PLYMOUTH STREETSCAPE IMPROVEMENTS
Mayor Branning called the public hearing to order, at 8:06 p.m., to consider Project 95-490, Apple Valley Chrysler Plymouth Streetscape Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the details of the project as contained in the preliminary engineering report dated February 1, 1996. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:07 p.m.
MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1996-57 ordering installation of Project 95-490, Apple Valley Chrysler Plymouth Streetscape Improvements. Ayes - 5 - Nays - 0.
PROJECT 95-497, DEER RUN UTILITY IMPROVEMENTS
Mayor Branning called the public hearing to order, at 8:08 p.m., to consider Project 95-497, Deer Run Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the details of the project as contained in the revised preliminary engineering report dated February 1, 1996. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:09 p.m.
MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1996-58 ordering installation of Project 95-497, Deer Run Utility Improvements. Ayes - 5 - Nays - 0.
PROJECT 96-510, HUNTERS WOOD TOWNHOMES 5TH & 6TH IMPROVEMENTS
Mayor Branning called the public hearing to order, at 8:10 p.m., to consider Project 96-510, Hunters Wood Townhomes 5th and 6th Additions Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the details of the project as contained in the preliminary engineering report dated January 25, 1996. The Mayor asked for questions or comments from the audience and the Council.
Councilmember Sterling asked about timing of construction in Palomino Drive. Mr. Gordon said the project would be scheduled so utilities are installed before the street reconstruction is completed. There were no other questions and the hearing was declared closed at 8:15 p.m.
MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1996-59 ordering installation of Project 96-510, Hunters Wood Townhomes 5th and 6th Additions Utility Improvements. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1996-60 approving plans and specifications for Project 96-510, Hunters Wood Townhomes 5th and 6th Additions Utility Improvements, and authorizing advertising for receipt of bids on April 11, 1996, at 2:00 p.m. Ayes - 5 - Nays - 0.
KWIK TRIP & HUNTERS WAY/PALOMINO DRIVE REVISIONS
Mr. Kelley reviewed the Planning Commission’s recommendation concerning a proposed Kwik Trip convenience center and revision of Hunters Way/Palomino Drive with a new intersection at County Road 11. Scott Teigen, of Kwik Trip, was present to review the building proposal.
MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1996-61 amending the Land Use Map of the Comprehensive Guide Plan by changing the use from "VB" and "LD" to "VB/MD", for the area east of County Road 11 between Palomino Drive and County Road 38, as approved by the Metropolitan Council.
Bob Mansfield, 1308 Echo Drive, Burnsville; asked if a traffic study was done in connection with relocating the Palomino Drive/County Road 11 intersection? Councilmember Goodwin said there was a study and the reconstruction is being done to make a safer intersection. One access was actually removed and the new four-way intersection will be able to be signalized at some time.
Councilmember Humphrey said traffic counts are about 19,000 vehicles per day through the intersection. Mr. Teigen agreed and said Kwik Trip stores work off existing traffic and do not create additional traffic.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 613 amending Article A11, of Appendix A, of the City Code, by providing for certain retail uses as either permitted or conditional uses in Planned Development Designation No. 144, Subzone 5 (Kwik Trip Addition) as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1996-62 setting a public hearing, at 8:00 p.m., on April 11, 1996, to consider vacating part of "old" Palomino Drive at the intersection with County Road 11. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-63 approving the preliminary plat of Kwik Trip Addition and directing preparation of a development agreement, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1996-64 approving a Conditional Use Permit for motor fuel sales on Lot 1, Block 1, Kwik Trip Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-65 approving the site plan and authorizing issuance of a building permit for Kwik Trip Convenience Center, on Lot 1, Block 1, Kwik Trip Addition; with conditions, as recommended by the Planning Commission.
Councilmember Sterling asked if the building permit approval includes signage? Mr. Kelley said the signage will be approved administratively and will comply with the City Code.
Mayor Branning asked if vending machines can be moved from the front of the building or placed in a recessed area? Mr. Teigen said the vending space is for ice and propane tanks. The sidewalk will be six feet wide and should allow enough space for pedestrians, but they will look at possible adjustments.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
GOODWILL INDUSTRIES/EASTER SEALS STORE
Ms. Bodmer reviewed the Planning Commission’s recommendation on a proposed Goodwill store on the southwest corner of 153rd Street and Garrett Avenue. Lee Hanson and Ginny Rhien, representing Goodwill, were present. Mr. Hanson described the building and said it will be the third store of this design. Ms. Rhien described their operations which will include receiving, processing, and selling used items. It will have the equivalent of 15 fulltime employees.
MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1996-66 approving the preliminary plat of Quad Partnership Addition and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1996-67 approving the site plan and authorizing issuance of a building permit to Goodwill Industries/ Easter Seals for a store on Lot 1, Block 1, Quad Partnership Addition; with conditions, as recommended by the Planning Commission.
Councilmember Humphrey asked if there will be shared driveway access from 153rd Street with Frank’s Nursery? Mr. Hanson said they would prefer to share the driveway, but are still discussing the issue with the property owner.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1996-68 granting a temporary waiver of platting to allow transfer of title on the property for Quad Partnership Addition, on a metes and bounds description basis, prior to platting. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Erickson, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Quad Partnership Addition, Project 96-507. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1996-69 approving a subdivision grading permit for Quad Partnership Addition, as recommended by the City Engineer. Ayes - 5 - Nays - 0.
PROPERTY TAX FREEZE PROPOSAL
The Council discussed a property tax freeze amendment to the Omnibus Tax Bill passed by the Senate and being considered by the House. Mr. Gretz said the proposal would freeze 1997 property tax dollars at the 1996 level. The purchase of a fire pumper truck was removed from the agenda until it is known whether the bill will pass and what its impact on City revenue will be. The Mayor read a letter opposing a tax freeze and the Council concurred with sending it to the City’s senators and representatives.
LEGISLATIVE ISSUES
Mayor Branning commented on bills being considered by the Legislature including increasing the minimum wage, requirements for paying a living wage, and suburban transit funding.
NATIONAL LEAGUE OF CITIES CONFERENCE
Councilmember Sterling reported on meetings of the Finance, Administration and Intergovernmental Relations (FAIR) Policy Committee she attended while at the NLC Conference in Washington, D.C. Councilmember Goodwin brought back information on recent court cases involving Federal "takings" legislation for the City Attorney. Councilmember Humphrey reported on a meeting of the NLC’s Community and Economic Development Committee he attended.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated February 28, 1996, in the amount of $5,835,470.08; March 6, 1996, in the amount of $2,617,982.66; and March 13, 1996, in the amount of $577,389.28. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:23 o’clock p.m.