CITY OF APPLE VALLEY
Dakota County, Minnesota
July 11, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 11th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Branning; Councilmembers Goodwin, Humphrey, and Sterling.
ABSENT: Councilmember Erickson.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski, 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.
APPROVAL OF AGENDA
MOTION: of Humphrey, seconded by Goodwin, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0.
POLICE SERGEANT SAMS RETIREMENT
Mayor Branning presented a key to the City and an engraved pewter apple to Police Sergeant Dan Sams in recognition of his retirement, on July 15th, after 26 years with the City. The Mayor noted that Sgt. Sams actually started working part-time in 1966. An informal reception was held prior to the meeting and a retirement celebration will be held July 19, 1996.
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 Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of June 27th, 1996, as written. Ayes - 3 - Nays - 0 (Humphrey Abstained).
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-148 approving entering into a grant agreement with the Minnesota Department of Public Safety for the "Safe & Sober Communities" project for the period December 17, 1996, through September 13, 1997; and authorizing the Police Chief to execute any necessary documents. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, receiving the Apple Valley Firefighters’ Relief Association resolution, dated June 26, 1996; certifying its 1997 financial requirements for tax levy in the amount of $90,846.00. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-149 granting a temporary waiver of platting for Hunters Wood Townhomes 5th Addition to allow transfer of title on the property on a metes and bounds description basis prior to filing the final plat. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-150 granting a temporary waiver of platting for The Cliffs of Palomino Addition to allow transfer of title on the property on a metes and bounds description basis prior to filing the final plat. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-151 setting a public hearing, at 8:00 p.m., on August 8, 1996, to consider vacating a 20-foot drainage and utility easement, identified as Document No. 444948, over Outlot F, Wyndemere. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-152 approving a corrective subdivision relocating the line between Lots 5 and 6, Block 5, Wyndemere, for inclusion with the Wyndemere 2nd Addition plat. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-153 approving plans and specifications for Project 95-492, 147th Street and Cedar Avenue Turn Lanes, and authorizing advertising for receipt of bids at 2:00 p.m., on August 1, 1996. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 2 to the contract with Erickson Construction, Inc., for Project 95-482, Rodeo Hills 3rd Addition Utility Improvements, in the amount of an additional $3,350.00. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 3 to the contract with Schield Construction for Project 95-494, Valleywood Reservoir Water Main Improvements, in the amount of an additional $34,416.18. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, approving hiring the part-time and seasonal employees listed in the Personnel Report dated July 11, 1996. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
PHILLIPS PETROLEUM CONVENIENCE CENTER
Mr. Kelley reviewed the Planning Commission recommendation on a Phillips Petroleum Convenience Center proposed for the southeast corner of 155th Street and Cedar Avenue. Glen Van Wormer, the City’s traffic consultant, reviewed his site traffic analysis, dated July 3, 1996.
John Bannagan, Bob Hart and Bill Anderson, representing Phillips Petroleum, were present. Mr. Bannagan reviewed the site plan and said the building has been moved five feet south which reduced traffic conflicts from the plan the Planning Commission reviewed. He noted Phillips would consider the possibility of a future driveway connection to the east if the MVTA transit hub develops as anticipated.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-154 approving a Conditional Use Permit for motor fuel sales for Phillips Petroleum on Lot 1, Block 1, Carroll Center 2nd Addition; with conditions as recommended by the Planning Commission.
Milton Ferris, 15620 Garrett Avenue, expressed concerns about the environment, traffic and number of gas stations already in the City. Mayor Branning said there previously were free standing gas stations in the City. New locations are encouraged to be part of retail centers. He would be more receptive to this proposal if it were part of the proposed transit hub and development surrounding it.
Gloria Simmers, 15564 Gateway Path, expressed concern about traffic turning into the station and conflicting with Menard’s traffic.
Councilmember Goodwin asked for comments on legal issues related to the proposal. Mr. Kelley commented on permitted and conditional uses in the zoning ordinance. Mr. Dougherty said this is a platted lot of record with access to 155th Street. The City would have to allow access to 155th Street.
Councilmember Humphrey asked Bob Hart to clarify whether he had any involvement in the real estate sale of the site. Mr. Hart said Mr. Humphrey was not involved in any way.
Mayor Branning asked about signage. Mr. Kelley said that is not part of this action. Phillips has indicated it will comply with the ordinance in which case the sign permits are administrative actions. The Mayor said he would like to have the sign plan brought back to the Council.
Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning).
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-155 approving a Conditional Use Permit for a car wash operation for Phillips Petroleum on Lot 1, Block 1, Carroll Center 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting a resolution approving a Conditional Use Permit for alternate exposed vertical exterior finish materials for Phillips Petroleum, on Lot 1, Block 1, Carroll Center 2nd Addition; with conditions, as recommended by the Planning Commission.
Mr. Kelley said Phillips submitted two versions of the exterior building elevation; one which is all brick and does not require a conditional use permit; and the second a combination of brick and dry-vit. Phillips will use whichever elevation the City approves.
Vote was taken on the motion. Ayes - 1 (Goodwin) - Nays - 3. Motion Failed.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-156 approving the site plan and authorizing issuance of a building permit to Phillips Petroleum on Lot 1, Block 1, Carroll Center 2nd Addition; with conditions as recommended by the Planning Commission.
Councilmember Sterling asked if there would be outdoor displays of merchandise? Mr. Anderson said they did not anticipate having any. Mr. Kelley said outdoor sales and displays would require a separate conditional use permit.
Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning).
DAKOTA ELECTRIC ASSOCIATION’S FISCHER SUBSTATION IMPROVEMENTS
Mr. Miranowski reviewed his memo dated July 8, 1996, concerning landscaping and screening improvements for Dakota Electric Association’s Fischer substation at the southeast corner of County Road 42 and Galaxie Avenue. Dakota Electric has asked the City to assist with financing an estimated $375,000 needed for the improvements and would agree to a one percent increase in the franchise fee to repay the bonds. He reviewed sketches of the screening, fencing and landscaping proposed.
Councilmember Sterling questioned the purpose of the City paying for this type of improvement and said she does not believe the franchise fee should be increased for this use.
Randy Poulson, of Dakota Electric Association, was present and commented on the plans. He described other improvements they will be making to the substation, as part of this project, and paying for separately.
Councilmember Humphrey said he was opposed to the initial franchise fee, but believes these improvements are needed to promote development. He would agree to this project because the City has more economical financing available. The citizens will be paying the cost regardless of which entity finances it.
Councilmember Goodwin asked if Staff could get information on how other jurisdictions handle this type of improvement; particularly Wisconsin Power & Light? Mr. Miranowski said they could get it for the next meeting. Dakota Electric will need to start work right after Labor Day. If the project is to be done this year, the Council will have to act at its next meeting.
MOTION: of Goodwin, seconded by Humphrey, tabling consideration of improvements to Dakota Electric Association’s Fischer substation until July 25, 1996. Ayes - 4 - Nays - 0.
ATHLETIC FIELD DEVELOPMENT AT HIGH SCHOOL NO. 4
Mr. Gretz reviewed the Parks & Recreation Director’s memo dated July 8, 1996, concerning development of athletic fields at High School No. 4. School District 196 proposes to shift some money it has allocated for field construction in the southern half of the complex to assist the City in constructing fields in the northern half of the complex. At some future date, the City will return the same amount of money or resources to finish field construction in the southern section of the complex. Responsibilities for field construction were agreed upon in the Joint Powers Agreement and this proposal allows the fields to be ready for use when school opens in the fall of 1997.
MOTION: of Goodwin, seconded by Humphrey, authorizing expenditure of $218,000 from the Park Dedication Fund for construction of athletic fields in the High School No. 4 complex, on City-owned property at the southwest corner of 140th Street and Johnny Cake Ridge Road, as described in the Parks & Recreation Director’s memo dated July 8, 1996; and approving the terms and matrix, attached to the memo, revising the School District’ and City’s responsibilities for field development.
Mayor Branning said he believes School and City elected officials need to work together more closely on these issues and not just have administration involved in the proposals.
Vote was taken on the motion. Ayes - 4 - Nays - 0.
WYNDEMERE 2ND ADDITION FINAL PLAT
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-157 approving the final plat and subdivision agreement for Wyndemere 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0.
AWARD CONTRACT - PROJECT 96-517
MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1996-158 awarding the contract for Project 96-517, Wyndemere 2nd Addition Utility and Street Improvements; to Hydrocon, Inc., the low bidder, in the amount of $229,310.50. Ayes - 4 - Nays - 0.
PLANNING COMMISSION VACANCY
The Council noted that there is a vacancy on the Planning Commission. Any one interested in appointment to fill the vacancy should submit an application to the City Clerk.
LIVABLE COMMUNITIES ACT
Mr. Kelley reported on a Metropolitan Council workshop on the Livable Communities Act and its directions for growth options he attended. Public forums on these topics are being conducted throughout the metropolitan area.
CLAIMS AND BILLS
MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated July 2, 1996, in the amount of $205,447.27; and July 10, 1996, in the amount of $1,021,037.97. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 9:30 o’clock p.m.