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HomeMy WebLinkAbout02/24/1994CITY OF APPLE VA?3.RY Dakota County, Minnesota February 24, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 24th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. pREsENT: Mayor Branning; Gounctlmembers 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, Police Captain Cook, Community Development Director Gretz, Associate Planner Hickok, Parks and Recreation Director Johnson, City Planner.K~lley, and Public Works Director Mtranowski. Mayor Branning called the meeting to order at 8:00 p.m. The Gouncil~embers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Sterling, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA 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. MOTION: of Humphrey, seconded by Goodwin, moving consideration of the minutes of February 10, 1994, to the regular agenda; removing purchase of information systems from Applied Graphics from the agenda until March 8, 1994; and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-53 accepting, with thanks, the donation of $150.00 from First Bank Apple Valley for the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. RES. 1994-53 D.A.R.E. DONATION RES. 1994-54 FIRE DEPT. DONATION RES. 1994-55 AMEND FIRE RELIEF BYLAWS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-54 accepting, with thanks, the donation of five hazardous conditions training suits from Haz-Con Company for the Fire Department. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-55 approving four amendments to the Bylaws of the Apple Valley Firefighters' Relief Association as approved by the membership at a meeting held on February 13, 1994. Ayes - 5 - Nays - 0. CITY OF APPLE VA~J.k~f Dakota County, Minnesota February 24, 1994 Page 2 MOTION: of Humphrey, seconded by Goodwin, authorizing up to $2,805.00 to contract with AppliedGraphics for technical assistance in preparing a request for proposals and evaluating proposals submitted for a Police and Fire Computer Aided Dispatch and Records Management System as described in the Finance Director's memo dated February 18, 1994. Ayes - 5 - Nays - 0. POLICE/FIRE CAD R.F.P. CONSULTANT MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Bituminous Consulting & Contracting for Project 93-421, County Road 42 and Cedar Avenue Turn Lane Improvements, in the amount of an additional $1,435.00. Ayes - 5 - Nays - 0. ~ CHANGE ORDER 1 PROJ. 93-421 MOTION: of Humphrey, seconded by Goodwin, approving change orders to contracts for Police Facility construction, as listed in the Personnel Director's memo dated February 24, 1994, in the amount of an additional $463.00. Ayes - 5 - Nays - O. CHANGE ORDERS POLICE STN, MOTION: of Humphrey, seconded by Goodwin, accepting Project 93-415, Miscellaneous Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $957.80. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 93-Z MOTION: of Humphrey, seconded by Goodwin, approving hiring the part- time employees as listed in the Personnel Report dated February 24, 1994. Ayes - 5 - Nays - 0. HIRE PART-TIME EMPLOYEES FEB. 10, 1994 MINUTES END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Erickson, approving the minutes of the regular meeting of February 10th, 1994, as corrected on page 9. Ayes - 4 - Nays - 0 (Sterling Abstained). Mr. Gretz distributed copies of an agreement with Fischer Sand & 140TH STREET Aggregate related to cost participation in the reconstruction of 140th RECONSTRUCTION Street between Galaxie Avenue and Johnny Cake Ridge Road. Because AGREEMENT lowering the street will benefit the property being developed adjacent to it, the property owner agrees either to pay the additional costs or accept special assessments for the cost. MOTION: of Goodwin, seconded by Sterling, approving a Cost Participation Agreement with Fischer Sand & Aggregate Co. related to Project 94-440, 140th Street Reconstruction, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. PROJ. 94~440 FISCHER COST AGREEMENT CITY OF APPLE Dakota County, Minnesota February 24, 1994 Page 3 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-56 approving the Comprehensive Plan amendment (from SF, LD and PK to SF and PK) for the Centex/Fischer site, now called Wyndemere Addition, as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 569 rezoning Wyndemere Addition from R-3 (single family) and SG (sand and gravel mining) to R-3 (single family) and P (institutional) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Councilmember ~umphrey asked if the subdivision agreement for Wyndsmere Addition includes a schedule for grading? Mr. Kelley said this agreement covers the final plat for phase one only. The preliminary plat covers the entire site and its grading plan. It is valid for two years and the site will be graded in accordance with that plan. RES. 1993-56 WYNDEMERE COMP. PLAN AMENDMENT ORDINANCE 569 WYNDEMERE REZONING MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-57 approving the final plat and su~division agreement for Wyndemere Addition (phase one of the Fischer/Centex development) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. RES. 1994-57 WYNDEMERE FINAL PLAT Mr. Kelley reviewed the Planning Commission recommendations on the WATERFORD proposed Waterford Village development located northwest of 140th VILLAGE Street and Johnny Cake Ridge Road. It includes 97 single family lots and 99 townhome lots. The townhome area is 4.8 units per acre and the overall density is 3.1 units per acre. Dale Runkle, representing Joe Miller Homes, the developer, was present and said they agree with all conditions except the street connection between Ferris Circle .and Fernando Avenue. It adds 300 feet of additional street and their original design allows for more open space. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-58 authorizing submitting the Comprehensive Plan amendment (reversing the SF and LD designations) for Waterford Village to the Metropolitan Council, as recommended by the Planning Gommission, subject to further consideration by the City Council after Metropolitan Council approval. Ayes - 5 - Nays - 0. RES. 1994-58 WATERFORD VILLAGE COMP. PLAN AMENDMENT RES. 1994-59 WATERFORD VIL. PRELIM. PLAT MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-59 approving the preliminary plat for Waterford Village, with 97 single family lots and 99 townhome lots, and directing preparation of a subdivision agreement, with conditions as recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 1994 Page 4 Mayor Branning noted there is no topography problem on this site where an additional cul de sac would be acceptable. Eliminating one would leave four cul de sacs in the development. Mr. Runkle said there is a trade off in that the townhome area will have private streets and not require City snow removal. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Ooodwin, seconded by Humphrey, adopting Resolution No. 1994-60 authorizing issuance of building permits for 99 townhomes in Waterford Village, with conditions, as recom- mended by the. Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-60 WATERFORD VIL. BLDG. PERMITS MOTION: o~f Erickson, seconded by Sterling, adopting a resolution approving a conditional use permit for alternate exterior construction materials (combination of brick and synthetic siding) for townhomes in Waterford Village, with conditions, as recommended by the Planning Commission. WATERFORD VIL. BLDG. MATERIAL CONDITIONAL USE PERMIT Councilmember Humphrey said there are many grades of synthetic siding and asked if staff approves the specific material? He also asked if roofing material could be something other than three-tab asphalt shingles due to the steep roof pitch? Mr. Gretz said, unless otherwise stipulated, the Building Official is required to accept the materials if they meet state building code requirements. Mayor Branning said he would like some commitment from the developer on the amount of brick per unit. Mr. Runkle said they would have to review the plans before being specific, but can have a rendering and the details prepared. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of the Waterford Village conditional use permit until March 8, 1994. Ayes - 5 - Nays - 0. TABLE MOTION WATERFORD VIL. PRELIM. REPORT MOTION: of Humphrey, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for public improvements to serve Waterford Village. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission recommendation on Apple APPLE PONDS Ponds Apartments located southeast of 157th Street and Cedar Avenue. APARTMENTS Four buildings, with a total of 192 units, are proposed. The site plan requires relocation of the ponding area and a hearing on vacating the easement has been set for March 8, 1994. MOTION: of Goodwin, seconded by Humphrey, adopting a resolution authorizing issuance of a building permit for Apple Ponds Apartments, subject to replatting prior to occupancy, with conditions, as recommended by the Planning Commission. APPLE PONDS APARTMENTS BLDG. CITY oFAPPLEVAT3.RY Dakota County, Minnesota February 24, 1994 Page 5 Mayor Branntng questioned the desirability of garages located around the perimeter of the site and asked if the garages could be clustered so the 'apartments would be more visible? Douglas Dahms, of Steve Haight Construction, the developer, was present and commented on site constraints limiting locations of the buildings and the buffering from Cedar Avenue the garages provide. A six-foot berm is required along Cedar Avenue which would limit visibility to the site in any event. Mr. Gretz said modifications to the site plan have been discussed with the developer and they believe some adjustments could be made by the next meeting. MOTION: MOTION: MOTION: of Goodwin, seconded by Erickson, tabling consideration of Apple Ponds Apartments building permit until March 8, 1994. Ayes - 5 - Nays - 0. of Humphrey, seconded by Erickson, directing the City Engineer to prepare plans and specifications for Apple Ponds Apartments utility improvements to be installed by the developer under private contract. Ayes - § - Nays - 0. of Goodwin, seconded by Ertckson, adopting a resolution authorizing issuance of a building permit for Marquette Bank on Lots 1 and 2, Block 1, Delegard 2nd Addition, with conditions; and granting a variance for drive through teller lanes, as recommended by the Planning Commission. TABLB MOTION APPLE PONDS APARTMENTS PLANS & SPECS. ~%RQUETTE BANK BLDG. PERMIT Mr. Hickok reviewed the Planning Commission recommendation for issuance of the building permit and noted the Attorney's opinion, dated February 1, 1994, on the variance required for drive through lanes. (Gouncilmember Humphrey was out of the room during this time 9:34 p.m.) Councilmember Sterling questioned the advisability of approving a site plan allowing teller lanes to exit directly into two-way traffic. Mr. Melena asked if the lanes could be angled to direct traffic in a particular direction to avoid conflicting movements? Joe Ryan, of Oppidan Investment, the developer, was present. He said with seven lanes, not all vehicles will be departing at the same time which will limit conflicting movements. They anticipate customers going into the bank and donor want to limit access for entering on the south side. Mayor Branning questioned why two-way access is allowed from the northern part of the site. He suggested installation of a median separating the two uses along the north boundary of the bank lot which would still allow circulation around the building. Mr. Gretz asked if review of the site by the City's traffic consultant would be appropriate? CITY OF APPLE VA~,~Y Dakota County, Minnesota February 24, 1994 Page 6 MOTION: of Goodwln, seconded by Branning, substituting a motion adopting Resolution No. 1994-61 authorizing issuance of a building permit for Marquette Bank on Lots I and 2, Block 1, Delegard 2nd Addition, with conditions; and granting a variance for drive through teller lanes, as recommended by the Planning Commission; subject ~o review of the site plan by the traffic consultant and recommendation at the meeting of March 8, 1994. RES. 1994-61 SUBSTITUTE MOTION MAROUETTE BANK The Council reviewed the floor plan of the interior of the bank. Mayor Branning questioned whether it would be a full service bank because of its size. Mr. Ryan advised him that Marquette's intent is that this will be a full service bank. Councilmember Sterling offered a motion to table the building permit until review by the traffic consultant. There was no second. Vote was taken on the motion. Ayes.- 3 - Nays - 1 (Sterling). Mr. Melena reviewed the proposed license, permit and service fee ORDINANCE amendments, as listed in the City Clerk's memo dated February 18, AMENDING FEES 1994; and gave the first reading of the ordinance amending certain READ/ fees. Generally, five percent increases are being proposed. A five- year history of fees will be prepared for the Council's information at the next meeting. A public hearing is required before action can be taken on alcoholic beverage license fees so the second reading of the ordinance would be held after that time. The Council accepted the first reading of the ordinance. (Councilmember Humphrey returned to the room during this time, 10:17 p.m.) MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-62 setting a public hearing, at 8:00 p.m. on April 14, 1994, to consider increases in alcoholic beverage license fees. Ayes - 5 - Nays - 0. RES. 1994-62 SET HEARING LICENSE FEES ,Mr. Johnson reviewed his memo dated February 18, 1994, concerning ATHLETIC FIELD procedures for athletic field reservations. He outlined priorities RESERVATIONS used in assigning fields to groups requesting usage. Mayor Branning expressed concern that the procedure may be too limiting and not allow new groups access to field space. Councilmember Goodwin said space limitations have forced the prioritization. The procedure attempts to give those groups serving the most individuals priority. MOTION: of Sterling, seconded by Goodwin, approving the athletic field usage procedures, as contained in the Parks and Recreation Director's memo dated February 18, 1994, except removing the word "recognized" from item J.6. Ayes - 5 - Nays - 0. ATHLETIC FIELD RESERVATION PROCEDURE CITY OFAPPLEVAT3~Y Dakota County, Minnesota February 24, 1994 Page 7 The Council received copies of the Commission on Reform and Efficiency CORE REPORT (CORE) report on local services funding. Mr. Ballenger reviewed his memo dated February 22, 1994, concerning the two-part report which compares city spending, revenues and state aids. The Council discussed the basis of the report and discrepancies in how spending needs and revenue raising capacities were calculated and used. Mayor Branning asked to have a resolution prepared for consideration at the meeting of March 8, 1994, expressing concerns about statistics and information covered in the CORE report. MOTION: of Humphrey, seconded by Sterling, setting an informal SET INFORMAL meeting at 7:00 p.m. on March 3, 1994, to discuss MEETING development issued. Ayes - 5 - Nays - 0. Mr. Melena advised the Council that City Staff will be meeting with ZOO SCHOOL Staffs of School District 196 and Zoo to discuss establishment of a specialized high school at the Zoo. He reviewed Mr. O'Meara's letter dated January 7, 1994, outlining how such a project could be funded through bonds issued by the EDA. There would be underlying land transactions and a lease of the finished building by the School District. The Council discussed potential for such a facility and concern that in not directly involve City funds, but concurred the City could serve as a conduit if legally possible. MOTION: of Humphrey, seconded by Goodwtn, authorizing Staff to ZOO SCHOOL continue dialogue with School District 196 and the Minnesota PROJECT Zoo on development of a high school facility at the Zoo and explore potential for such a project. Ayes - 5 - Nays - 0. Mr. Melena commented on the interviews conducted earlier tonight of SEARCH FIRM the executive recruitment firm finalists for filling the Police Chief I~NTERVIEWS position. Initially, 12 proposals were received; four firms were invited ~or interviews, one dro~ped out and three were interviewed. The Council will take some time to consider the presentations and will make a determination of one firm. A contract will then be negotiated with that firm. Mr. Melena reminded the Council that the League of Minnesota Cities LMG LEGISLATE Legislative Conference will be held March 24, 1994, in St. Paul. CONFERENCE Councilmember Goodwin asked if a one-page issue paper on the CORE report could be prepared for discussion with legislators. Mayor Branning commented on various transit-related meetings he has been attending. Gouncilmember Humphrey noted that he attended the 1-35W solutions meeting as well. TRANSIT MTGS~ CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated February 17, 1994, in the amount of $6,544,262.42; and February 24, 1994, in the amount of $1,413,809.03. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:07 o'clock p.m.