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HomeMy WebLinkAbout03/25/1993CITY OF APPLEVALLEY Dakota County, Minnesota March 25, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 25th, 1993, 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 Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Associate Planner McMonigal, Police Chief Rivers, Assistant Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Branning asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Dick Hanson; OFF-PREMISES representing Valley Christian Church, 6700 West 160th Street, in SIGNS Lakeville; said they have held an Easter drama for the past nine years but have a problem publicizing it because they cannot have off-premises signage. He understands the need to control signage, but asked the Council to consider allowing churches and community organizations to use off-premises signage like schools can. Mayor Branning said the Council would take the request under advisement and refer it to Staff. MOTION: of Goodwin, seconded by Humphrey, moving extension of Phillips 66 plat approval and setting a hearing on Project 93-334, Galles Addition and Palomino East Apartment Improvements, to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of March 11th, 1993, as written. Ayes 5 - Nays - 0. MAR. 11, 1993 MINUTES RES. 1993-54 SONS OF LEGION GAMBLING EXEMPTION MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-54 approving the Application for Exemption from Gambling License of Sons of American Legion 1776 for an event on July 4, 1993, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 2 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-55 setting a public hearing, at 8:00 p.m., on April 22, 1993, on the application of VICORP Restaurants, Inc., d/b/a Bakers Square Restaurant, for on-sale wine and bser licenses at 15200 Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving issuance of a party permit to Fernando Careaga, for the Federal Employeef Association, for a picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on July 24, 1993, only. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving issuance of a temporary on-sale 3.2 beer license for Midwest Sport Events, Inc., at Eastview Athletic Complex on May 1 and 2, 1993. Ayes - 5 - Nays ~ O. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-56 setting a public hearing, at 8:00 p.m., on April 22, 1993, to consider vacating part of 140th Street, east of Essex Avenus, adjacent to Foxmoore Ridge (Summerfield Townhomes). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-57 awarding the purchass of a single axle cab chassis truck to Boyer Ford Trucks, the low bidder meeting specifications, in the amount of $15,683.19 including trade- in of a 1985 truck~ Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-58 awarding the purchase of a dump body and snow plow equipment, to be mounted on chassis, to Crysteel Truck Equipment, the low bidder meeting specifications, in the amount of $29,035.73. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-59 approving plans and specifications for Project 93- 404, Highpoint, and Project 93-410, Pennock Point, Utility and Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on April 29, 1993. Ayes 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, receiving an invitation to the Developer/Realtor information meeting on March 31, 1993, at 9:30 a.m., at Redwood Community Center. Ayes - 5 - Nays - 0. RES. 1993-55 SET HEARING BAKERS SQUARE WINE & BEER ALIMAGNET PARTY PERMIT MIDWEST SPORT BEER LICENSE RES. 1993-56 SET HEARING 140TH STREET VACATION RES. 1993-57 AWARD TRUCK PURCHASE RES. 1993-58 AWARD DUMP BODY & PLOW RES. 1993-59 TAKE BIDS PROJ. 93-404 & PROJ. 93-410 DEVELOPER MEETING INVITE CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 3 MOTION: of Goodwin, seconded by Humphrey, ratifying and approving the 1993 Labor Agreement with Law Enforcement Labor Services, Police Union Local No. 71, as recommended in the Personnel Director's memo dated March 19, 1993, and authorizing execution of the same. Ayes - 5 - Nays - O. LELS 1993 LABOR AGREEMT. RES. 1993-60 SEASONAL EMP, POLICY OWOBOPTE EMPLOYMENT AGREEMENT BLDG. OFFICIAL RECRUITMENT HIRE SEASONAL EMPLOYEES MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-60 establishing a policy for the seasonal employment process in which, all things being equal, residents of the City of Apple Valley shall be given preference in hiring. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving an Agreement with Owobopte Rehabilitation Industries, Inc., for employment of seasonal employees from April 1 through September 30, 1993, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing recruitment for the Building Official position as described in the Personnel Report dated March 25, 1993. Ayes - 5 - Nays ~ 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Report dated March 25, 1993. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning asked why Phillips Petroleum is requesting an extension PHILLIPS 66 of approvals on its proposal at 155th and Cedar? Fred Patterson, of PROJECT Phillips 66, was present and said they have had capital restraints in EXTENSION the past year, but are still interested in the site and would like more time to proceed with construction. Mayor Branning asked if City regulations that would affect this development have changed since the project was approved in 19917 Mr. Kelley said the City controls which would apply have not been changed nor are changes contemplated at this time. MOTION: of Goodwin, seconded by Erickson, authorizing an extension of one year, until April 25, 1994, on approval of the preliminary plat, building permit and conditional use permit for Phillips Petroleum, on property located at the southeast corner of 155th Street and Cedar Avenue, as described in the City Planner's memo dated March 25, 1993. PHILLIPS 66 ONE-YEAR EXTENSION Councilmember Humphrey asked when construction might start? Mr. Patterson said they do not know if it will be this year, but the site is high on the company's list of priorities. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 4 Mayor Branning said two years is a reasonable time for a project to proceed. The site is vacant and viewed as agricultural property with residential development continuing around it. He would consent to this extension, but would not agree to any future extensions. Vote was taken on the motion. Ayes - 4 ~ Nays - 0 (Branning Abstained). Mayor Branning asked what area is proposed to be assessed for the PROJ. 93-334 improvements described in Project 93-334, Galles Addition and Palomino ASSESSMENT East Apartments? Mr. Gordon said the six lots in the Galles Addition AREA and the land for the apartment site, both located north of Palomino Drive on the west side of Pennock. He will be meeting with the owners of the apartment site before the hearing to discuss the project. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1993-61 receiving the preliminary engineering report on Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements, and setting a public hearing to consider it, at 8:00 p.m., on April 22, 1993. Ayes 5 - Nays - O. RES. 1993-61 SET HEARING PROJ, 93-334 MOTION: of Humphrey, seconded by Sterling, to close the meeting, CLOSE MEETI under the provisions of the attorney-client exception to the open meeting law, to discuss police internal affairs investigative data. Ayes - 5 - Nays - 0. The meeting was closed at 8:22 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Melena, Personnel Director Boland, Police Chief Rivers and Attorneys Clifford Greene and William Everett. The Council reconvened in open session at 8:45 p.m. in the Council Chambers at which time the City Attorney restated that the purpose of the closed session was to discuss police internal affairs investigative data. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1993-62 establishing a policy and procedures for ordinance enactment, as presented, specifying, among other conditions, two readings of an ordinance prior to final passage. Ayes - 5 - Nays - 0. RES. 1993-62 ORDINANCE ENACT POLICY Ms. Boland reviewed the proposed ordinance amending City Code Section POLICE DRUG 16-32 related to drug and/or alcohol testing for Police Officers as TESTING POLICY attached to her memo dated March 25, 1993. She noted the testing is done by a medical facility which controls the tests, not the City. The policy is the same as that negotiated by LELS and has been used once with no problems. As an ordinance, it would now also apply to sworn Police supervisors and job applicants for police officer positions. It provides for two forms of testing, random and annual. The tests cost approximately $100 each. This is the second reading of the ordinance; the first reading was held March 11, 1993. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 5 MOTION: of Erickson, seconded by Humphrey, passing Ordinance No. 552 amending City Code Section 16-32 by establishing a drug and/or alcohol testing policy for supervisory sworn Police Officers and job applicants for sworn Police Officer positions, as presented in the Personnel Director's memo dated March 25, 1993. ORDINANCE 552 POLICE DRUG TESTING POLICY Mayor Branning asked if the policy is modeled after another city's? Ms. Boland said several other policies were reviewed, but this was drafted with the assistance of the City Attorney to specifically meet Apple Valley's needs. Vote was taken on the motion. Ayes - 5 - Nays - 0. Councilmember Humphrey asked if Professional Insurance Agency is still WORK. COMP. the servicing agency for the City's insurance? Mr. Melena said it is. INSURANCE Councilmemher Humphrey said he would leave the table and not vote on the insurance renewal to avoid a conflict of interest and he left at this time. Mark Flaten, of American Risk Services, was present to answer questions about the workers' compensation insurance renewal. MOTION: of Goodwin, seconded by Sterling, approving renewal of workers' compensation insurance for 1993-1994 with the League of Minnesota Cities Insurance Trust under the guaranteed cost plan, with a $2,500.00 medical deductible, at a net premium of $206,090.00 as recommended in the Finance Director's memo dated March 22, 1993. Ayes - 4 - Nays - 0. (Humphrey returned after this action.) WORK. COMP. INSURANCE 1993-94 RENEW Ms. McMonigal reviewed the Planning Commission report on the proposed Cedar Pointe development, for 204 townhomes, located northwest of 157th Street and Galaxie Avenue. She played a computer generated video of the project showing how it would appear from the surrounding area. Dan Blake, of Centex Homes, and Greg Kopischke, landscape architect, were present representing the developer. CEDAR POINTE PROJECT Councilmember Goodwin questioned the number of units with single garages. Mr. Blake said two-thirds of the units will have single garages. Their market studies show many single individuals purchase these units and only need one garage. This design also keeps the cost affordable. They are all two bedroom units and have additional driveway parking in front of each garage. Councilmemher Sterling asked how much brick and what kind of vinyl siding will be used on the exterior? Mr. Blake said they have not calculated the amount of brick, but it will be along the lower front of all units. The vinyl siding proposed is purported to be of a very high grade by the manufacturer. Councilmember Sterling said she believes so many single garages in the complex will be a problem in the long term and is opposed to them. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 6 Councilmember Erickson said he is also concerned about single garages and has no problem with aluminum siding, but some concern about vinyl due to installation problems. He encouraged construction a connection between 155th Street and 153rd Street with the project. Councilmember Humphrey suggested common use parking areas be increased to offset single garages. Mr, Blake said parking was designed to meet the City's ordinance requirements. This is the same development as they did in Mendota Heights and parking has not been a problem. On-street parking is also available here. Mayor Branning said the limited availability of bus service here may require a need for more parking than in other areas. Ne asked what the proposal is for 155th Street? Mr. Gretz reviewed the improvement plan showing 155th Street completed to the curve. This would leave an option of extending it north to 153rd Street or east to Galaxie in the future. It could also end in a cul de sac with the connection to 153rd Street farther west along Menard's property. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1993-63 approving the preliminary plat of Cedar Pointe and directing preparation of a subdivision agreement, as recommended by the Planning Commission, and requiring developer to supply a copy of the condominium plat showing access easements and recording the Carroll/Apple Ponds Neighborhood Center final plat. RES. 1993-63 CEDAR POINTE PRELIM. PLAT & AGREEMENT Councilmamber Humphrey said he concerned about filing a large plat with outlots that would need to be replatted and asked how this will affect the Phillips Petroleum site? Mr. Kelley said it would take care of part of its approval. Mr. Sheldon said the concern for the larger plat is to assure right-of-way for 155th Street and Garrett Drive. Councilmember Humphrey asked that a copy of the association by-laws be filed with the City and whether the City should enforce them. Mayor Branning asked the Attorney to take this under advisement and reply, at some future date, whether this is appropriate. MOTION: of Humphrey, seconded by Goodwin, amending the foregoing .,AMENp MOTION motion by removing the Carroll/Apple Ponds Neighborhood Center plat filing requirement and requiring the Cedar Pointe plat to include right-of-way for 155th Street and Garrett Drive. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1993~64 authorizing issuance of a building permit for Cedar Pointe, with conditions, as recommended by the Planning Cormmission and increasing the amount of common use parking spaces by 20 percent. RES. 1993-64 CEDAR POINTE BLDG, PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 7 Councilmember Sterling expressed concern about the number units with single garages and would like at least 50 percent to have double garages. Vote was taken on the motion. Ayes - 4 ~ Nays - 1 (Sterling). MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-65 approving a conditional use permit for Cedar Points allowing alternate exterior building materials as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1993-65 CEDAR POINTE BUILDING MATERIAL CUP RES. 1993-66 SET HEARING PROJ. 93-406 RES. 1993-67 PLANS & SPECS. PROJ. 93-406 MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1993-66 receiving the preliminary engineering report on Project 93-406, Cedar Pointe Utility and Street Improve- ments, and setting a public hearing to consider it, at 8:00 p.m., on April 22, 1993. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-67 directing the City Engineer to prepare plans and specifications for Project 93-406. Ayes ~ 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-68 authorizing issuance of a building permit and granting five-foot sideyard setback variances on Lot 2, Block 1, Apple Valley Square 2nd Addition, for Firestone Tires building reconstruction, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1993-68 FIRESTONE BLDG. PERMIT Mr. Kelley reviewed the Planning Commission report on an amendment to HUNTERS WOOD Planned Development No. 144 deleting the requirement that a hotel be SUPERAMERICA constructed before motor fuel sales can occur at the northeast corner P.D. AMENDMENT of Palomino Drive and County Road 11. Ray Connelly, representing the property owner, was present and said they would like this issue addressed. If the planned development is not going to be amended, there is no reason to proceed with the SuperAmerica proposal on the site. Mayor Branning said the neighborhood is holding a meeting on March 27, 1993, to discuss this issue and he would like that input before considering this request. Councilmember Erickson said he would also like the Palomino Drive and County Road 11 intersection issue resolved before considering this matter. MOTION: of Erickson, seconded by Sterling, tabling consideration of TABLE P.D. 144 an amendment to Planned Development No. 144 until April 8, AMENDMENT 1993. Ayes - 4 - Nays - 1 (Humphrey). Mr. Connelly asked for an early decision on this request. They have been paying property taxes and assessments on this property for some time and need to do something with it. Councilmember Erickson asked that the Palomino Drive/County Road 11 intersection issue be placed on the April 8, 1993, meeting agenda prior to this request. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 8 MOTION: of Humphrey, seconded by Goodwin, approving the 1993 legal services proposal, effective April 1, 1993, with Severson, Wilcox & Sheldon, P.A., as contained in the firm's letter dated March 22, 1993, providing for monthly retainer and special matters compensation. Ayes - 5 - Nays - O. 1993 LEGAL SERVICES AGREEMENT MOTION: of Erickson, seconded by Goodwin, directing the City Engineer to prepare plans and specifications for street,. sidewalk and pathway projects, which can be constructed in 1993 should funding become available, as listed in the Public Works Director's memo dated March 22, 1993. Ayes - 5 - Nays - 0. PLANS & SPECS. STREET, SIDEWK & PATHS, 1993 Police Chief Rivers reviewed his memo dated March 22, 1993, describing LIQUOR ORD. a proposed ordinance amending City Code Section 3-46(b)(7), affecting AMENDMENT liquor licenses. It involves requirements concerning times during ~IRST READINC which individuals can be on licensed premises. Copies of the proposed ordinance were mailed to licensees today for their review. Mayor Branning questioned whether the proposed permitting system may be too cumbersome. The Council accepted the first reading of the ordinance and asked that the second reading be scheduled for April 8, 1993. Mr. Melena advised the Council that the March 30, 1993, date set for receiving bids on Police Facility Bid Package No. 2 conflicts with other bid openings in the metropolitan area. The construction manager suggested it be changed to April 2, 1993. POLICE STN. BID DATE MOTION: of Erickson, seconded by Sterling, rescheduling the date for CHANGE POLICE receiving bids on Police Facility Bid Package No. 2 to April BID DATE 2, 1983, at 2:00 p.m., at Redwood Community Center. Ayes - 5 - Nays - 0. The Council received a letter dated March 10, 1993, from Wirsbo Company inviting them to attend the "activation" of its Foreign-Trade Subzone on April 23, 1993, at 9:30 a.m. WIRSBO TRADE SUBZONE INVITE Mayor Branning commented on the Municipal Legislative Commission (MLC) MLC MEMBERSHIP and the issues it addresses affecting suburban communities. He ex- pressed concern about keeping abreast of all the legislative issues and recommended using the MLC to provide that service. Mr. Melena said the City's 1993 cost to join the MLC would be approximately $5,400. He reviewed the credentials of the law firm employed by the MLC to represent it. MOTION: of Humphrey, seconded by Goodwin, approving membership in APPROVE MLC the Municipal Legislative Commission and authorizing payment MEMBERSHIP of 1993 dues. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1993 Page 9 MOTION: of Humphrey, seconded by Branning, adopting Resolution No. 1993-69 opposing House Files No. 622, 623, 641, 671 and 677, (Community Stability Act) as introduced in the 1993 legislative session by Representative Orfield, and supporting their amendment or veto. Ayes ~ 5 - Nays - O. RES. 1993-69 OPPOSE ORFIELD LEGISLATION SPECIAL SERV. DISTRICT LEGISLATION MOTION: of Humphrey, seconded by Goodwin, requesting an amendment to Senate File No. 302 adding the downtown area to special service district legislation being considered for Minneapolis as described in the Assistant Administrator's memo dated March 24, 1993. Ayes - 5 - Nays - 0. Mayor Branning asked if there were any nominations to fill the vacancy CABLE TV tOM. on the Cable TV Committee? Mr. Johnson said he was advised there is VACANCY an interested applicant, but has not been able to contact the individual. The Council agreed to hold this appointment for a recommendation. MOTION: of Branning, seconded by Goodwin, appointing Royal Bakke to fill the vacancy on the Parks & Recreation Advisory Committee for a term expiring March 1, 1995. Ayes - 5 ~ Nays - O. APPOINT BAKKE PARKS & REC. COMMITTEE Mr. Johnson said he will pursue a recommendation for a youth advisory representative to the Parks & Recreation Committee and report back to the Council. Councilmember Erickson offered a nomination of Diane Nagler to fill the vacancy on the Planning Commission. There was no second. PLANNING COM. VACANCY RES. 1993-70 APPOINT MILLER PLANNING COM. APPOINT MADORE URBAN AFFAIRS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-70 appointing Len Miller to fill the vacancy on the Planning Commission for a term expiring March 1, 1996. Ayes - 4 - Nays - 0 (Erickson Abstained). MOTION: of Sterling, seconded by Humphrey, appointing Shelley Madore to fill the vacancy on the Urban Affairs Committee for a term expiring March 1, 1995. Ayes - 5 - Nays - 0. Councilmember Humphrey distributed a memo dated March 25, 1993, con- cerning the City's organizational structure and asked the Council to hold a work session to discuss it. ORGANIZATIONAL STRUCTURE SET INFORMAL MEETING CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, setting an informal meeting, at 7:00 p.m., on April 1, 1993, at City Hall, to discuss organizational structure. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, check register dated March 17, 1993, in the amount of m $1,731,714.67; and March 24, 1993, in the amount of $3,027,603.16. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling~ to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:10 o'clock p.m.