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HomeMy WebLinkAbout11/22/1994CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 22nd, 1994, 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 Gretz, City Clerk Mueller, City Attorney Sheldon~ City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Admihistrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Associate Planner Lovelace, Public Works Director Miranowski, and Police Chief Willow. Mayor Branning called th~ meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of. Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA F~GLE AWARD Mayor Branning introduced Ross Johnson, 13962 Everest Avenue, who previously attained the rank of Eagle Scout. The Mayor presented an eagle print to him. Stephanie Miller, of Apple Valley High School DECA Club, was present DECA CLUB and commented on the Club's purpose; to promote a greater understand- PROCLAMATION ing of the free enterprise system. She read a proclamation for Free Enterprise Week, November 14 to 18, 1994. The Mayor signed the proclamation urging citizens'to increase their understanding of the American free enterprise system. Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meetingts agenda. No one was present to speak. AUDIENCE DISC. MOTION: of Sterling, seconded by Goodwin, moving consideration of CONSENT AGENDA hiring a second police officer to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. __ CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of November 9th, 1994, as written. Ayes - 4 - Nays - 0 (Branning Abstained). NOV. 9, 1994 MINUTES NOV. 17, 1994 MINUTES MOTION: of Sterling, seconded by Goodwin, approving the minutes of the special meeting of November 17th, 1994, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-345 accepting, with thanks, the donation of a car from Mark and Maria DeForrest to the Fire Department for training purposes. Ayes - 5 - Nays - 0. of S.terling, seconded by Goodwin, adopting Resolution No. 1994-346 accepting, with thanks, the donation of a car from Bill and Kris Guillette to the Fire Department for training purposes. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving a letter of endorsement and support for a grant application for the Greenleaf Elementary School playground renovation project. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, authorizing the Police Chief to submit an application for a Department of Justice hiring supplement grant, for one officer, as described in his memo dated November 18, 1994. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, receiving the Public Works Director's memo dated November 18, 1994, concerning special assessment of costs on Lots 1 and 2, Block 1, Carrollwood Village 5th Addition (7872 West 142nd Street). Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1994-347 rejecting all bids received on September 13, 1994, for a digital dictation system for the Police Facility. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1994-348 approving the final plat and subdivision agreement for Hunters Wood Townhomes and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with Erickson Construction for Project 94- 436, Wyndemere 1st Addition Improvements, in the amount of an additional $16,753.25. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting for Project 94- 444, Enderes Tools Improvements, in the amount of an additional $35,940.00. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Universal Applicators for Project 94- 463, Nordic Water Reservoir Repainting, in the amount of an additional $6,887.00. Ayes - 5 - Nays - 0. RES. 1994-345 FIRE DEPT. DONATION RES. 1994-346 FIRE DEPT. DONATION GREENLEAF SCHOOL GRANT APP. SUPPORT POLICE GRANT APPLICATION CARROLLWOODA 5TH ASSESS~ RES. 1994-347 REJECT BIDS DICTATION SYS, RES. 19 H.W. I FINAL CHANGE ORDER 2 PROJ, 94-436 CHANGE ORDER f PROJ, 94-444 CHANGE PROJ CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Page 3 MOTION: of Sterling, seconded by Goodwin, approving a Change Order to the cdntract with Peri, Inc., for Police Facility sodding in the amount of a $209.00 deduction. Ayes - 5 - Nays - 0. CHANGE ORDER POLICE STN. HIRE ERICKSON POLICE OFFICER HIRE SEASONAL EMPLOYEES POLICE POSITION MOTION: of Sterling, seconded by Goodwin, approving hiring James D. Erickson for the full-time position of Police Officer effective November 23, 1994, as described in the Personnel Report dated November 22, 1994. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employees as described in the Personnel Report dated November 22, 1994. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Councilmember Goodwin questioned hiring another police officer at this time when the position is in the 1995 budget. The budget hearing has not been held yet and there may be changes. He would like this action held until after the budget is approved. Councilmember Erickson said the position was authorized in September, to take advantage of the recruiting process, and there are funds for the position for the remainder of the year. MOTION: of Erickson, seconded by Humphrey, approving hiring Lisa Quick for the full-time position of Police Officer effective December 7, 1994, as described in the Personnel Report dated November 22, 1994. HIRE QUICK POLICE OFFICER Councilmember Humphrey agreed this will be a difficult budget year, but this position is just staffing the Police Department at the 1993 level. Gouncilmember Sterling noted that even without an increase in the budget the officer hiring could be funded. .- Councilmember Erickson asked what the current staffing level is? Police Chief Willow said there are 35 sworn officers. Ms. B~land said a position has not been added to the Police Department for two years. -~ Vote was taken on the motion. Ayes - 4 - Nays 1 (Goodwin). Mayor Branning opened the hearing at 8:22 p.m. on the application of H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, for on-sale and Sunday liquor sales licenses, continued from November 9, 1994. He asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:23 p.m. PUBLIC HEARING RASCALS LIOUOR LICENSE RES. 1994-349 RASCALS LIOUOR LICENSE MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-349 approving issuance of a 1994 license for on-sale liquor and special Sunday liquor sales to H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, at 7721 West 147th Street. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Page 4 Mr. Gretz described the sewer interceptors project resulting from PROJ. 94-426 mediation with Lakeville concerning storm sewer issues. Mr. Gordon SEWER reviewed the preliminary engineering report for Project 94-426 con- INTERCEPTORS sisting of three parts; eastern storm sewer interceptor, pond and central storm sewer interceptor, and sanitary sewer interceptor along the sams easement as the central storm sewer interceptor in Lakeville. Mr. Miranowski reviewed the Gity~s current sanitary sewer capacity and showed all property with the potential of developing. The western trunk will exceed capacity in two to four years. The area which would be served by the central trunk is now being diverted to the eastern trunk. Mr. Gretz reviewed financing of the projects; both done separately and combined. The Metropolitan Council would pay for the sanitary sewer in either case. Apple Valley and Lakeville would share the cost of the storm sewer. Apple Valley~s share would be funded through trunk assessments as property develops. Until development occurs, a $1.00 per month increase in the storm water utility charge is proposed. Mayor Branning asked what the specific agreement is between Apple Valley and Lakeville? Mr. Gretz said it involves only the pond and central storm sewer interceptor. The Mayor said the impact of sand and gravel mining operations i the central trunk area needs to be discussed with the Planning Commission. Wi~ sanitary sewer available, he is concerned about development encroaching into the., mining vicinity. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-350 directing the City Engineer to prepare plans and specifications for Project 94-426, Sewer Interceptor Improvements, in its entirety as presented. RES. 1994-350 PROJ. 94-426 PLANS & SPECS, Councilmember Sterling said the only sanitary sewer construction is in Lakeville. It is proposed to be installed now, in the same easement with storm sewer, so the backyards of those homes do not have to be disturbed later. Mr. Gretz added th~, it is also less expensive to install now. Gouncilmember Erickson said even if a development proposal were submitted, the Council would not have to approve a project that sits on the edge of a sand and gravel operation. He asked how long construction would take? Mr. Gretz said it could be installed in one construction season if done by the City. If the Metropolitan Council were asked to do the sanitary sewer project in its program, it has approximately a five-year approval process. The proposal is that the City would install the project now and be repaid by the Metropolitan Council at that time. If at least the storm sewer portion is authorizsd, surveying work could begin now. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Page 5 MOTION: of Sterling, seconded by Branning, amending the foregoing AMEND MOTION motion by including only storm sewer improvements and SET MEETING setting an informal meeting, with the Planning Commission, on November 30, 1994, at 7:00 p.m. to review sanitary sewer issues for further consideration at the December 8, 1994, Council meeting. Ayes - 3 - Nays - 2 (Erickson & Humphrey). Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Councilmember Humphrey announded he was stepping away from the table INSURANCE during consideration of insurance agent proposals because he has an AGENT PROPOSAL ongoing financial relationship with Rothschild, Bell & Walseth, one of the proposers. Mayor Branning asked the Attorney to comment on the abstention. Mr. Sheldon said he has prepared a memo on number of votes required for certain actions. This issue can be considered by a simple majority of the Council and does not require an extraordinary majority. Mr. Ballenger reviewed his memo, dated November 18, 1994, concerning proposals received for insurance agent services on a fee for service basis. The Hanna Agency, Inc., submitted the lewest proposal. Councilmember Goodwtn said there are various methods of how other cities handle risk management. He agrees insurance should be provided through the LMCIT, but would like to discuss options at an informal meeting. MOTION: of Goodwin, seconded by Erickson, referring consideration of INSURANCE AGT. fee for service insurance agent proposals to the November OPTIONS 30, 1994, informal meeting for review of options. Ayes - 4 - Nays - 0. Julie Farnham, of RLK Associates, the City's planning consultant, re- WILLIAMSBURG viewed the Planning Commission report on Williamsburg 2nd and 3rd 2ND & 3RD Additions located at the intersection of County Road 38 and Galaxie Avenue. The developer is proposing six lots, with 36 townhouse units, on the north side of County Road 38 and four lots, with 19 townhouse units, on the south side. This is a density of six units per acre. She reviewed a traffic study projecting needs for stacking on Galaxie Avenue at the County Road 38 intersection during peak traffic times. Concepts of possible access to 132nd Street in conjunction with development of surrounding properties were reviewed. The report also included distribution of residential la~ us~ by_section and statistics on school enrollment and police calls from various residential uses. Staff recommended approval of the proposal; however, the Planning Commission recommended denial. Gene Shellerud, of G. M. Homes, the developer, said they have prepared some options for the Council to review. He commented on the zoning request and consistency with the Comprehensive Plan and noted the traffic study shows the proposal would result in only two percent of all traffic projected for the Galaxie/County Road 38 intersection. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Page 6 MOTION: of Humphrey, seconded by Erickson, passing Ordinance No. 586 rezoning thc proposed Williamsburg 2nd Addition, at the northwest corner of County Road 38 and Galaxie Avenue, from "R-l" to "M-3C". ORDINANCE 586 REZONE WILL- IAMSBURG 2ND Councilmember, Sterling asked if the developer would be willing to split the two areas if only one is approved? Mr. Shellerud said the property owner is not willing to sell them separately. She asked if regrading along County Road 38 is required to develop the sites? Mr. Shellerud said they believe increasing the berms would minimize traffic noise. The County will allow grading, but will not authorize it until a preliminary plat is approved. Mayor Branning asked if the density could be reduced and the units staggered? Mr. Shellerud said the price of the land influences density. He showed revised concepts scattering the units across the site with a maximum of three units attached per building. Councilmember Goodwin said he would like the Planning Gommission to review the revised concepts before considering them. He ~sked the Attorney to comment on precedence of Comprehensive Plan designation versus zoning. Mr. Sheldon said if the Council refuses to zone in conformance with the Comprehensive Plan, it must be able to articulate the reasons for not rezoning. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Sterling). MOTION: of Humphrey, seconded by Erickson, passing Ordinance No. 587 rezoning the proposed Williamsburg 3rd Addition, at the southwest corner of County Road 38 and Galaxie Avenue, from "R-l" to "M-3G". ORDINANCE 587 REZONE WILL- IAMSBURG 3RD Councilmember Erickson said the concern with this corner is getting traffic out of the site when the only access is to Galaxie Avenue. Councilmember Sterling agreed and noted stacking is worse now that the new traffic signal has been installed than it was when the study was done. Mr. Shellorud said he has contacted property owners to the south and west and they are unwilling to sell at this time. If a single family development were proposed, traffic concerns would be the same. Traffic is a problem that will have to be solved in the future when those properties develop and he would agree to restricting access to right turns in and out until that time. Vote was taken on the motion. Ayes - 4 ~ Nays - 1 (Sterling). Mr. Shellerud agreed to taking the preliminary plats, site plans and building permits back to the Planning Commission for review and recommendation on the options. He agreed to waive the 120-day requirement for plat approval and leave it open ended, subject to giving 60 days notice on a request for action. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Page 7 Mr. Lovelace reviewed the Planning Commission report on the proposed EVERGREENS Evergreens of Apple Valley seniors assisted living facility, located SENIOR LIVING north of 147th Street and west of Pennock Avenue. The facility will FACILITY initially consist of two buildings. Councilmember Humphrey said, in addition to the conditions required by the Planning Commission, construction of the sidewalk along Pennock should be required. MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 588 amending Planned Development No. 341 by establishing the common boundary between Zones 4B and 5 (Outlot B, Carrollton Estates 3rd Addition) and amending the maximum building coverage on a lot in Zone 5 from 20 percent to 30 percent, as recommended by the Plgnning Commission. ORDINANCE 588 EVERGREENS/ CARROLLTON P.D, AMENDMENT Councilmember Goodwin asked for clarification of the future third building. Mr. Lovelace said it would require separate building permit authorization. A change in the lot coverage requirement was requested now to allow it to be added. MOTION: of Humphrey, seconded by Branning, amending the foregoing motion by allowing the maximum butlding coverage in Zone 5 to be the percent computed for a third 13,000 square foot building and adding additional property to Zone 5 by extending the lot line to the southeast corner of Lot 7, Block 6, Carrollton Estates 3rd Addition. AMEND MOTION Bob Hopman, the developer, said they are asking for the lot coverage amendment now so they know they will be able to construct a third building. He agreed to the lot line adjustment. Rollie Crawford, representing Bart Winkler, the property owner, said they would like to maintain the 250-foot depth along 147th Street to allow adequate property for future development, but they would agree to .the lot line change. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwtn, adopting Resolution No. ---- E~. 1994-351 1994-351 approving a conditional use permit for a seniors EVE~GRM~EN~ assisted living facility by Evergreen Development in Garrol- SENIOR CARE ~ lton Commercial 2nd Addition (part of Outlot B, Carrollton C,U,P. Estates 3rd Addition), requiring installation of the side- walk on Pennock Avenue and other conditions as recommended by the Planning Commission. Councilmember Sterling asked if they have a "certificate of need" for the facility? Mr. Hopman said they do not need one for this type of facility. an assisted care facility and not a nursing home. It is Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1994 Page 8 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-352 approving the preliminary plat of Carrotlton Commercial 2nd Addition (replat of part of Outlot B, Carrollton Estates 3rd Addition) with the lot line adjust- ment and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-352 CARROLLTON COMML. 2ND PRELIM, PLAT MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-353 authorizing issuance of a building permit for the Evergreens of Apple Valley, seniors assisted living facil- ity, on Lot 1, Block 1, Carrollton Commercial 2nd Addition, with conditions as recommended by the Planning Commission. RES. 1994-353 EVERGREENS BLDG, PERMIT Mr. Hopman showed pictures of similar facilities they operate in Moorhead and Brooklyn Center. He said the exterior of the proposed buildings is approximately 47 percent brick. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Erickson, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Carrollton Commercial 2nd Addition. Ayes - 5 - Nays - 0. CARROLLTON COMML. 2MD PRELIM. RENEW LIQUOR STORE NO. 1 LEASE MOTION: of Erickson, seconded by Sterling, approving exercising the option to renew the lease for Liquor Store No. 1, in Times Square Shopping Center, for five years expiring January 31, 2000, as described in the City Administrator's memo dated November 22, 1994. Ayes - 5 - Nays - 0. The Council noted, as a reminder, that vacancy remains on the Planning PLANNING COM. Commission due to the resignation of Jeannine Churchill. VACANCY MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated November 17, 1994, in the amount of $594,526.32; and November 21, 1994, in the amount of $4,234,659.70. Ayes - 5 - Nays - 0. CLAIMS MOTION: of Humphrey, seconded by Sterling, to close the meeting, under the provisions of M.S. 471.705, Subd. la, to consider AFSCME (Public Works) and LELS (Police) labor negotiations. Ayes - 5 - Nays - 0. CLOSE MEETING The meeting was closed at 11:55 p.m. and the Council convened in the Council Chambers along with City Attorney Sheldon, City Administrator Gretz, City Clerk Mueller, Personnel Director Boland, Parks and Recreation Director Johnson, and Public Works Director Mirauowski. The proceedings were tape recorded, pursuant to law. The Council reconveued in open session at 12:20 a.m. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:20 o'clock p.m.