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HomeMy WebLinkAbout12/11/1997CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 11th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humph rey; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. Mayor Humphrey 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 Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Humphrey 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 Grendahl, approving all items on the consent agenda except resolution regarding completion of Downtown Municipal Government Center which was removed from the agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of November 25th, 1997, as written. Ayes - 5 - Nays - 0. Resolution No. 1997-269 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of a 1986 Volkswagen automobile from Gerald L. Zirk to the Fire Department for use in training. Ayes - 5 - Nays - 0. Resolution No. 1997-270 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of a dart board and music keyboard from the Apple Valley Seniors Club for the Senior Center. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Page 2 MOTION: of Sterling, seconded by Grendahl, approving disbursement of $25,000 of Shade Tree Disease Control Program grant funds as described in the Forestry Technician’s memo dated December 8, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-271 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Carroll Center Fourth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow construction of a house addition to within 23 feet of the rear lot line on Lot 7, Block 4, The Oaks of Apple Valley (13660 Gurney Path), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-272 MOTION: of Sterling , seconded by Grendahl, adopting receiving the preliminary engineering report on Project 97-525, Central Area Trunk Improvements; waiving a public hearing on it; and ordering installation of the project. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Arcon Construction for Project 97-525, High School No. 4 Phase 2 Utilities, in the amount of an additional $27,257.40; for Project 97-539, Cemetery Storm Sewer. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 97-533, Sports Arena Ice Floor Replacement, as final and authorizing final payment on the contract with Thermex Corporation in the amount of $38,959.20. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Agreement with Inver Hills Community College for Management Academy training services; for the period September 10, 1997, through May 6, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of the contract for employee dental insurance with Delta Dental Plan of Minnesota, Inc., for 1998 as described in the Human Resources Manager’s memo dated December 11, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated December 11, 1997. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Page 3 MOTION: of Sterling, seconded by Grendahl, confirming dis charge from full-time employment of Robert Pagel as listed in the Personnel Report dated December 11, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA WAL-MART’S FIRST ADDITION Mayor Humphrey said he was asked about his eligibility to participate in decisions on the Wal- Mart development proposal because Rollin Crawford, the attorney representing the land owner, had represented him on some items in the past. He asked the City Attorney whether this creates a conflict? Mr. Dougherty said no, conflicts result where there is a contractual relationship or financial interest; neither of which apply in this case. Mr. Kelley reviewed the Planning Commission recommendation on a proposed Wal-Mart retail development located northwest of County Road 42 and Pennock Avenue. Planned Development zoning on the site allows for retail uses. It is currently one outlot and is proposed to be subdivided into three lots. He reviewed grading and landscape plans showing revised berming on the northwest side along 147th Street. Wal-Mart has advised that it will delay its request for conditional use permits for the south outdoor seasonal sales area and temporary trailer storage until the building is constructed so the Council can view the site. An easement was discussed for the raised landscape area along the screening wall at 149th and Pennock. Wal-Mart is amenable to providing the easement; allowing the area to be used for a parade viewing stand in connection with 4th of July activities. It will also provide an easement for a decorative sidewalk plaza area on County Road 42. Ray Frankenberg, Site Development Engineer for Wal-Mart, showed samples of brick and block materials proposed for the building exterior. He showed renderings of the building and described its appearance, screening, and landscaping. He described truck access and traffic to the site. He reviewed the revised parking lot layout and access from Pennock. Mr. Lovelace and Glen VanWormer, the City’s traffic consultant, reviewed issues and questions raised at the public hearing held by the Planning Commission. They read responses to each of the items; addressing traffic, parking, snow storage, cart storage, temporary outdoor conditional use issues, lighting. John Bergman, 14691 Guthrie Avenue, said the neighborhood continues to be totally opposed to the Wal-Mart proposal. Rod Krass, an attorney representing the neighborhood, said they understand the zoning permits this use and requires a minimum building size. It does not list a maximum building size which perhaps should be considered along with building coverage on the lot. He noted city councils CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Page 4 have used moratoriums while considering some issues. He also questioned the design of the preliminary plat, with two lots on County Road 42, and adequate parking if outdoor seasonal sales areas are allowed. He asked that outdoor trailer storage be denied as well as the variance for the auto service bays. Mr. Dougherty said in order to declare a moratorium, the Council must be looking at conducting a study as well as an ordinance to put it in place. Resolution No. 1997-273 MOTION: of Sterling, seconded by Erickson, adopting approving the preliminary plat of Wal-Mart’s First Addition (replat of Outlot A, Carrollton Commercial Addition), with three lots, subject to dedication of easements for a plaza area on County Road 42 and reviewing stand on Pennock Avenue, and directing preparation of a subdivision agreement also containing conditions listed in the resolution. Mr. Dougherty said this action deals with subdivision of the one outlot that exists. This could be platted as one lot and built on without further approval. The only reason Council approval is needed is that two lots along County Road 42 are being subdivided. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 1997-274 MOTION: of Goodwin, seconded by Sterling, adopting approving a conditional use permit for permanent garden store outdoor display and sales on Lot 1, Block 1, Wal-Mart’s First Addition, with conditions as recommended by the Planning Commission. Mr. Dougherty commented on conditional use permit requirements. They are provided for in the zoning ordinance and are able to be used with permission of the Council. If an applicant meets the conditions, the permit can be approved. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 1997-275 MOTION: of Erickson, seconded by Goodwin, adopting approving a conditional use permit for temporary garden store outdoor display and sales for the northern site only on Lot 1, Block 1, Wal-Mart’s First Addition, with conditions listed in the resolution. Councilmember Erickson asked why this request was being split into two requests; for north and south lots? Mr. Frankenberg said the north lot is critical to the operation because it is closest to the permanent garden center and is easier to screen. The need for the south lot could be re-evaluated after the building is constructed. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Page 5 MOTION: of Humphrey, seconded by Goodwin, amending the motion by requiring permanent fencing on the south and west sides of the lot and temporary fencing on the two other sides when the lot is in use. Councilmember Sterling expressed concern about pedestrian access to the temporary lot and safety issues with people walking across driving lanes to get to the lot. Vote was taken on the amendment. Ayes - 4 - Nays - 1 (Sterling). Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Sterling). Mr. Kelley said Wal-Mart has requested continuance of its request for a conditional use permit for temporary storage trailer outdoor display and sales until the building is constructed. No action is needed at this time. Mr. Kelley reviewed the variance requested for six auto service bay doors on the east side of the building. Three doors would face north and three doors would face south with a screening wall along Pennock Avenue. The Planning Commission voted to deny the variance in that it did not see a hardship. Mr. Dougherty said a variance request is for a deviation from regulations. Hardship is not the only factor to consider and findings should take into account a reasonable use of the property. MOTION: of Goodwin, seconded by Erickson, granting a variance to allow six auto service bay doors on the east side of the building, in Zone 4A of P.D. 341, on Lot 1, Block 1, Wal-Mart’s First Addition; screened in accordance with site plans, and allowing no outdoor storage in screened area. The Council asked how many Wal-Mart stores in the Metro area have Tire and Lube Express (TLE) centers? Mr. Frankenberg said he knows of two existing and they are being included in all new stores. Councilmember Sterling commented on provisions in the original planned development and agreements with the residents south of County Road 42 in 1984. Installation facilities, in connection with auto supply stores, were excluded as a use for that reason. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Grendahl and Sterling). Resolution No. 1997-276 MOTION: of Erickson, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for a Wal-Mart retail store on Lot 1, Block 1, Wal-Mart’s First Addition, with conditions as listed in the resolution. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Page 6 Councilmember Grendahl asked if there are plans to expand the building? Mr. Frankenberg said he does not know if it will be expanded, but the site is being landscaped for permanent development as it is shown now. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Krass expressed concern about approval of the two conditional use permit items placed on hold. Mr. Dougherty said action was withheld at the request of the petitioner and the City will be getting written confirmation of the requests. PARK BOND PROJECT PLANS Mr. Johnson commented on the Council’s review of development plans for the outdoor family aquatic center, expansion of Apple Valley Community Center, and teen center at its informal meeting earlier this evening. These projects were included in the park bond referendum. The design/development phase has been completed and authorization to prepare final plans is requested. The schedule anticipates final plans being brought back to the Council for approval at the January 22, 1998, meeting. MOTION: of Goodwin, seconded by Sterling, approving design/development plans for the outdoor family aquatic center, expansion of Apple Valley Community Center, and teen center building; and authorizing architects and engineers to proceed with final plans as described in the Parks & Recreation Director’s memo dated December 8, 1997. Ayes - 5 - Nays - 0. TAX LEVY & BUDGET Mr. Ballenger reviewed the recommended tax levy and budget for 1998. The Council held the required public hearing on December 10, 1997, and no changes have been made. Resolution No. 1997-277 MOTION: of Grendahl, seconded by Goodwin, adopting approving 1998 City Budgets with total revenue of $26,863,936 and total expenditures of $26,049,983. Ayes - 5 - Nays - 0. Resolution No. 1997-278 MOTION: of Erickson, seconded by Sterling, adopting approving the 1997 tax levy collectible in 1998 in the net amount of $9,598,980.00. Ayes - 5 - Nays - 0. Resolution No. 1997-279 MOTION: of Grendahl, seconded by Erickson, adopting approving the 1997 transit tax levy collectible in 1998 in the net amount of $924,429.00. Councilmember Goodwin noted the City had the option to levy the transit tax or allow the Metropolitan Council to levy it. By the City levying the tax, it is slightly less than if the CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Page 7 Metropolitan Council had done so, but there was no choice in whether or not the tax would be levied. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 1997-280 MOTION: of Erickson, seconded by Goodwin, adopting setting sanitary sewer and water utility rates effective January 1, 1998, as described in the Finance Director’s memo dated December 8, 1997. Ayes - 5 - Nays - 0. ORDINANCE AMENDING FEES & CHARGES The City Clerk gave the first reading of a proposed ordinance amending certain fees in Section 1- 23 of the City Code. The adjustments include utility trunk assessment rates, Metro sewer availability charge, and false alarm responses. At the recommendation of the Police Department, City Code Section 14-72 is also amended by reducing the number of responses to false alarms, from four to three, after which a fee will be charged. The Council accepted the first reading. The second reading will be scheduled for December 23, 1997. ORDINANCE PROHIBITING GRAFFITI Police Chief Willow gave the second reading of a proposed ordinance adding Sections 14-100 to 14-104 to the City Code prohibiting and controlling graffiti. It would establish requirements for removal and, if not removed, allow the City to remove the graffiti and charge the property owner for costs incurred. Councilmember Sterling asked if any assistance is available for people who might not have the resources to remove graffiti? The Police Chief said they should contact the Police Department and they may be able to arrange for some help. Ordinance No. 639 MOTION: of Goodwin, seconded by Erickson, passing amending the City Code by adding Sections 14-100 to 14-104 making it unlawful for any person to intentionally place or attempt to place graffiti on public or private property and establishing requirements for its removal. Ayes - 5 - Nays - 0. COUNCIL ITEMS & COMMUNICATIONS Councilmember Sterling said maps showing locations of participants in the “5th Annual Holiday Light Competition” are available at City Hall, the Police Department, and Apple Valley Community Center. The contest is being sponsored by the Optimist Club and Dakota Electric Association. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1997 Page 8 MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated December 2, 1997, in the amount of $435,099.08; December 3, 1997, in the amount of $10,776,046.69; and December 10, 1997, in the amount of $6,905,488.23. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:28 o’clock p.m.