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HomeMy WebLinkAbout05/27/1999CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 27th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Grendahl, and Sterling. ABSENT: Councilmember Erickson. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Wrase, Code Enforcement Officer Hammerstad, Community Development Director Kelley, Police Captain Lohse, Assistant Planner Lovelace, Human Resources Manager Margarit, Planning Intern Milton, and Public Works Director Miranowski. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Karen Sprattler, representing the Celebrating Apple Valley Youth Planning Committee, spoke about the issue of alcohol use by youth. They are asking parents to refuse to provide alcohol for parties, not allow their children to attend parties where alcohol is served, and set an example for their children. They are asking the City Council to support their efforts by encouraging enforcement of laws related to underage drinking and prosecution of violators. MOTION: of Grendahl, seconded by Sterling, endorsing and supporting efforts by “Celebrating Apple Valley Youth” to prevent illegal use of alcohol by youth under 21 years of age and encouraging enforcement of related laws and prosecution of violators. Ayes - 4 - Nays - 0. CONSENT AGENDA MOTION: of Sterling, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the meeting of May 13th, 1999, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 2 Resolution No. 1999-100 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of $25.00 from Girl Scout Troop No. 95 for use by the Fire Department. Ayes - 4 - Nays - 0. Resolution No. 1999-101 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1988 Izusu pickup truck from James and Gail Schaefer for use by the Fire Department in training activities. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving a report on parking policies and requirements at Apple Valley Square Shopping Center as attached to the Assistant Planner’s memo dated May 24, 1999, and requested at the May 13, 1999, meeting. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing the expenditure of $6,000.00 to Apple Valley Chamber of Commerce for 1999 as requested in the Community Development Director’s memo dated May 24, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-102 MOTION: of Sterling, seconded by Goodwin, adopting approving and establishing Erosion and Sedimentation Control Policy and Procedures to ensure compliance of construction projects with City Code Chapter 20, Natural Resources Management Regulations. Ayes - 4 - Nays - 0. Resolution No. 1999-103 MOTION: of Sterling, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 98-814, Lots 5-8, Knottywoods, Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 1999-104 MOTION: of Sterling, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 98-553, Birger Pond Outlet, and setting a public hearing, at 8:00 p.m., on July 8, 1999; as required by the Department of Natural Resources, to consider raising the pond water level. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Minger Construction, Inc., for Project 98-824, HRA Chasewood Townhomes Utilities, in the amount of an additional $3,886.25. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving various change orders to contracts for Project 97-542, Outdoor Family Aquatic Center, as listed in the Construction Manager’s letter dated May 24, 1999, in the net additional amount of $9,924.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 3 MOTION: of Sterling, seconded by Goodwin, approving various change orders to contracts for Apple Valley Community Center Gym Addition and the Teen Center Building as listed in the Construction Manager’s letter dated May 24, 1999, in the net deduction of $2,071.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Lighting Maintenance Agreement with Dakota Electric Association for street lights installed on Gaslight Drive, between 155th and 157th Streets, as attached to the Public Works Project Coordinator’s memo dated May 27, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Traffic Signal Agreement No. 99-04 with Dakota County for signals on County Road 31 (Pilot Knob Road) at intersections with County Road 42, 142nd Street, 140th Street, and County Road 33 (Diamond Path); and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1999-105 MOTION: of Sterling, seconded by Goodwin, adopting requesting the Minnesota Department of Transportation to conduct a speed limit study on Dodd Boulevard between County Road 33 (Diamond Path) and County Road 31 (Pilot Knob Road). Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Wyndemere, from $4,345.00 to $1,150.00; Wyndemere 2nd, from $17,100.00 to $1,525.00; Wyndemere 4th, from $7,550.00 to $2,200.00; and Wyndemere 5th, from $14,905.00 to $4,700.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Agreement with Dan Bale for Wetland Health Evaluation Project Services as attached to the Natural Resources Coordinator’s memo dated May 24, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Agreement with Steven J. Cook for Tree Inspection Consultant Services as attached to the Natural Resources Coordinator’s memo dated May 21, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Jay Morgan for the full-time position of Liquor Store Manager at Store No. 2 as listed in the Personnel Report dated May 27, 1999. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 4 MOTION: of Sterling, seconded by Goodwin, approving reclassification of the position of Assistant Public Works Director to pay class 13 as listed in the Personnel Report dated May 27, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the position change from Payroll Accountant to Payroll Manager and reclassification to pay class 9 as listed in the Personnel Report dated May 27, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing recruitment for the Public Works Fleet Maintenance/Building Supervisor position as listed in the Personnel Report dated May 27, 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated May 27th, 1999. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA COOPERATIVE PUBLIC SERVICE AWARD Mayor Hamann-Roland introduced Heather DeHaven-Spencer, of the Minnesota Zoo, and Nathan Spencer, of the School of Environmental Studies, who, together with the City, received a Cooperative Public Service Award for “Creating Environmental Stewardship”. The award was presented on May 19, 1999; by Partnership Minnesota at the University of Minnesota Hubert H. Humphrey Center; for collaborative efforts by the City, the Zoo, and School District 196. ORDINANCE LICENSING & REGULATING TOBACCO PRODUCTS Mr. Dougherty commented on the procedures required to establish new regulations related to tobacco and tobacco products. A new ordinance is required to comply with State legislation passed in 1997. If the City does not enact the regulations, the new County ordinance will apply. Though a new City ordinance was passed February 25, 1999, the Council is required to hold a public hearing prior to such action. A hearing was, thus, scheduled for this meeting. Mayor Hamann-Roland called the public hearing to order, at 8:10 p.m., to consider an ordinance amending Chapter 12 of the City Code by regulating sale, possession and use of tobacco and tobacco products, and noted receipt of the affidavit of publication of the hearing notice. She asked for questions or comments from the public. Jim Hess, Area Manager for Holiday Stores, said the provision of the ordinance prohibiting anyone under the age of 18 years from selling tobacco products has caused them to release four employees. He described their employee training program for checking identification and use of a computer scanning terminal for driver’s licenses. The terminal reads the bar code on the driver’s CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 5 license to determine age eligibility as confirmation for the cashier that the person is eligible to purchase a product. He said the low unemployment rate makes it very difficult for retailers to employ enough individuals over 18 years of age to staff their facilities. Mary Peterson, of Cub Foods, said they have also have concern about the provision requiring sales be made by employees over 18 years of age. They have 375 employees and, of the 107 employees she supervises, 58 are under the age of 18. They have taken measures to ensure that tobacco and alcohol are only sold to eligible buyers and have an awareness training program for employees. Their cash registers are programmed to stop for an identification check whenever any of those products are rung up. Mark Erickson, District Manager for SuperAmerica, described their policy on checking identification to verify ages of purchasers. He said when Cottage Grove was considering its ordinance, the difficulty of employing enough individuals over the age of 18 was addressed by requiring only that an employee over 18 years of age be on the premises. An individual, who works at the Holiday Store in Apple Valley and is under 18, said they are trained well to check identification for tobacco sales. Young employees are just as capable of checking identification as older employees. She likes her job and does not want to lose it. She said she has not had a problem with youth trying to buy tobacco. She is opposed to smoking, but limiting the age of employees is not going to do anything. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 8:20 p.m. Councilmember Goodwin commented that State law requires individuals to be 21 to buy alcohol, but allows sales by 18 year olds. It is inconsistent if tobacco sales can only be made by 18 year olds. He asked for a report, at the next meeting, with information about security measures and procedures stores are using to restrict tobacco sales from underage youth. Mayor Hamann-Roland asked that the report include information on compliance checks conducted by the Police Department. Councilmember Grendahl asked what provision is in the County ordinance? Mr. Dougherty said he received a copy of that ordinance today and confirmed with the County Attorney’s office that it prohibits sales by individuals under 18 years of age. Police Captain Lohse said the issue about age of employees raised by retailers is valid. Lottery tickets can be sold by 16-year olds, but they can’t buy them. Allowing employees under 18 years of age to sell tobacco would not be an enforcement issue for the Police Department. MOTION: of Sterling, seconded by Goodwin, tabling consideration of an ordinance regulating tobacco products until June 10, 1999, to allow review of the County ordinance and CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 6 information on security measures being taken by retailers to prevent illegal sales. Ayes - 5 - Nays - 0. WAL-MART CONDITIONAL USE PERMITS Mr. Lovelace reviewed the Planning Commission’s recommendation on three Conditional Use Permits for Wal-Mart. The permits are for seasonal outdoor storage trailers, seasonal outdoor garden product storage, and outdoor storage of pallets and cardboard bales. Mike Switzer, representing Wal-Mart, was present and said they agree with the conditions recommended by the Planning Commission and asked the Council to approve the permits. Councilmember Sterling said she looked at the site before the meeting and asked whether the trailer storage area is open to the public? Mr. Switzer said it is not public and they could post signs to that effect if desired. He had informed the Planning Commission that they could also place signs indicating where trailers would be allowed. Councilmember Grendahl asked how tall the wall is around Tire Lube Express (TLE) area and what the procedures are for parking trailers. Mr. Switzer said the wall on the east side of the property goes from 13 feet 4 inches to eight feet. Typically trailers are left over night. A tractor will bring in a trailer, leave it for unloading, go to another store, and come back the next day. Mark Ceminsky, 14625 Hallmark Drive, questioned whether the Mayor has a conflict of interest with this issue and asked the Mayor to remove herself from acting on it. Mr. Dougherty said conflict of interest arises when an elected official has a personal financial interest in the matter or would benefit directly from the action. The Mayor said she does not have a financial interest or a conflict with this action. Mr. Ceminsky apologized for the misunderstanding. Mr. Ceminsky commented on a discussion he had with the Fire Marshal, on May 26th, related to storage in the TLE area and believes there may be code violations. He indicated action was not being taken due to the pending application for a conditional use permit. Mr. Hammerstad said he spoke with the Fire Marshal and there may be some confusion about whether Fire Code or City Code enforcement was being discussed. Mr. Ceminsky said he is opposed to the storage trailer conditional use permit, but if it is approved it should be limited to six at any one time. For the storage of cardboard and pallets, he asked that they be limited to eight feet in height with a screening wall installed on the east side of the area. He expressed concern that hazardous waste is being stored in the TLE area. He contacted Dakota County about such storage and noted a container for used kitchen oil is also stored there. He asked that items stored in the TLE area be limited to 48 inches in height, since the wall along Pennock Avenue is lower in that area, and kept eight feet from either side of doorways. He gave the Council recent photographs he had taken of storage issues at Wal-Mart. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 7 Councilmember Goodwin asked for more information on the hazardous waste issue. Mr. Lovelace said Fire Marshal Running looked at the site and antifreeze and used oil are being stored in the TLE area. He will be contacting Dakota County about where they should be stored and checking for Fire Code compliance. Councilmember Goodwin said if the business is operated as described in the conditional use permits, it should not cause a problem. The problem is an enforcement issue. If Wal-Mart complies with the conditions, the permits are acceptable. The problem is such storage was not done properly in the past. He asked if some type of sliding wall or gate along the driveway to 147th Street has been discussed? Councilmember Sterling asked if conditional use permits are permanent once issued or if they are renewable? Mr. Lovelace said they do not have yearly renewals but can be revoked if violated. Councilmember Grendahl said the report states the Council withheld approval of conditional use permits until the store was completed to be able to view the areas. She understood Wal-Mart withdrew the requests. Mr. Gretz said the permits applied for now are different than what were originally requested. Mr. Hammerstad has checked storage on the property, but has not taken action pending consideration of the permit applications. Mr. Lovelace said there was no discussion by the Planning Commission about gating the 147th Street entrance. Mr. Switzer said it was not discussed, but he could pass the request on to Wal- Mart to consider. He noted there could be a traffic problem on 147th Street if trucks had to wait for the gate to open to enter the property. The would like the permit for trailer storage approved by September. MOTION: of Goodwin, seconded by Grendahl, tabling consideration of a Conditional Use Permit for seasonal outdoor trailer storage for Wal-Mart until July 22, 1999, to determine if gating the entrance from 147th Street is feasible. Mr. Dougherty said due to time stipulations for the Council to act on the application, a letter would be sent to Wal-Mart advising of a 60-day extension. Vote was taken on the motion. Ayes - 4 - Nays - 0. Resolution No. 1999-106 MOTION: of Goodwin, seconded by Hamann-Roland, adopting approving a Conditional Use Permit allowing seasonal outdoor garden product storage, from April 15 to June 30 and August 15 to October 15 each year; on Lot 1, Block 1, Wal-Mart’s First Addition; in the Tire Lube Express area, with conditions as recommended by the Planning Commission. Councilmember Goodwin asked what other stores have similar storage? Mr. Lovelace said Bachman’s, Frank’s Nursery, and Kmart have outdoor storage in fenced areas. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 8 Councilmember Grendahl said she is concerned that the area be maintained and not have pallets falling over as shown in Mr. Ceminsky’s pictures. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Grendahl). Resolution No. 1999-107 MOTION: of Goodwin, seconded by Hamann-Roland, adopting approving a Conditional Use Permit allowing cardboard bale and pallet storage on Lot 1, Block 1, Wal-Mart’s First Addition; in the west end of the loading area, with conditions as recommended by the Planning Commission. Mayor Hamann-Roland said she would like to see the area maintained as it is now, not previously. Councilmember Goodwin asked what would happen if the permits is not approved? Mr. Lovelace said the items would have to be stored inside the building or removed immediately. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Grendahl). NORTHWEST AIRLINES FEDERAL CREDIT UNION BUILDING Mr. Lovelace reviewed the Planning Commission’s recommendation on a building permit for Northwest Airlines Federal Credit Union office building, southeast of 147th Street and Glazier Avenue, and showed a site plan of the project . Councilmember Sterling asked whether there might be some shared use of parking by surrounding businesses during evening hours? Brian Carey, of United Properties, representing the applicant, was present and said the issue of joint parking has not been raised. They are open to looking at it if requested. MOTION: of Goodwin, seconded by Grendahl, granting a setback variance to allow construction of an office building to within 66 feet of the east property line on Lot 2, Block 1, Apple Valley Commons; and Lots 1 and 3, Block 7, Apple Valley Commercial Addition; as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1999-108 MOTION: of Goodwin, seconded by Sterling, adoptin g approving the site plan and authorizing issuance of a building permit for Northwest Airlines Federal Credit Union for construction of an office building on Lot 2, Block 1, Apple Valley Commons; and Lots 1 and 3, Block 7, Apple Valley Commercial Addition; with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. FENDLER PROFESSIONAL BUILDING CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1999 Page 9 Ms. Milton reviewed the Planning Commission recommendation on the application of Fendler Construction to construct an office building north of 145th Street and west of Glenda Drive. The revised grading plan has been submitted as required. Resolution No. 1999-109 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for Fendler Construction to construct an office building on part of Lot 1, Block 8, Valley Commercial Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. KOHL’S DEPARTMENT STORE Ms. Lovelace reviewed the Planning Commission recommendation on the application of Kohl’s Department Store to construct a retail building south of 147th Street and west of Foliage Avenue in Fischer Market Place. The site will need to be replatted prior to occupancy of the building. Resolution No. 1999-110 MOTION: of Sterling, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for Kohl’s Department Store to construct a retail building on part of Outlot H, Fischer Market Place, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ADMINISTRATOR CANDIDATE INTERVIEW MOTION: of Sterling, seconded by Grendahl, setting an informal meeting, at 3:00 p.m., on June 9, 1999, for the purpose of interviewing an applicant for the position of City Administrator. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated May 24, 1999, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Sterling, to pay the claims and bills, check registers dated May 19, 1999, in the amount of $3,780,933.12; and May 26, 1999, in the amount of $2,636,531.49. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:57 o’clock p.m.