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HomeMy WebLinkAbout01/07/1992CITY OFAPPLE VALLEY Dakota County, Minnesota January 7, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 7th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Erickson, Public Works Director Gretz, Associate Planner Hickok, City Planner Kelley, Building Official Miranowski, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton 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. MOTION: of Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. Mayor Holton asked if any one was present to address the Council at this time on any item.not on this meeting's agenda. No one was pre- sent to speak. MOTION: of Goodwin, seconded by Humphrey, approving all items on the CONSENT AGENDA consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-1 accepting, with thanks, the donation of $500.00 from the Julie Palm School of Dance toward the Police Department's D.A.R.E. Program. Ayes - 5 - Nays - O. RES. 1992-1 D.A.R.E. DONAT MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-2 designating Thisweek Newspapers/Dakota County Tribune as the official newspaper of the City for the year 1992. Ayes - 5 - Nays - 0. RES. 1992-2 OFFICIAL NEWSPAPER RES. 1992-3 BOND CONSULT. RES. 1992-4 OFFICIAL DEPOSITORY MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-3 appointing the firm of Juran & Moody, Inc., to act as the City's bond consultant for the year 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-4 accepting collateral and designating Marquette Bank of Apple Valley as the official depository for City funds for the year 1992. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 7, 1992 Page 2 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-5 designating as additional depositories for City funds for the year 1992: First National Bank of Minneapolis; Marquette Bank of Minneapolis; Norwest Bank of Minneapolis; Juran & Moody; Dain Bosworth; For Sight Capital Management; Edward D. Jones & Co.; Liberty Capital Markets; Westcap Government Securities; Piper Jeffrey & Hopwood; Midway National Bank of Apple Valley; First Bank Apple Valley; Shearson, Lehman, Hutton, Inc.; and GSC Group, Inc., of Texas. Ayes - 5 - Nays ~ 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-6 setting a public hearing at 8:00 p.m. on February 13, 1992, to consider vacating easements on Lots 9, 10, 11 and 12, Block 2, Valley Meadows. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving renewal, for 1992, of the various licenses and permits shown on the listing dated January 7, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving issuance of a temporary on-sale liquor license, by the Minnesota Depart- ment of Public Safety, to Dakota County for an event on January 10, 1992, at the Western Service Center, 14955 Galaxie Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing release of the $15,556.00 subdivision financial guarantee for Greenleaf Park Estates. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the name of "Apple Grove Park" for the park property located north of County Road 42 and east of Hayes Road, surrounding Fire Station No. 1; and approving the name of "Dalmatian Play Area" for the play area located within the park, as recommended by the Parks & Recreation Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Director's memo dated January 7th, 1992. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-7 appointing Councilmember Goodwin as Acting Mayor for the year 1992. RES. 1992-5 ADDITIONAL DEPOSITORIES RES. 1992-6 SET VAt. HRG. VALLEY MEADOWS 1992 LICENSES & PERMITS DAK. COUNTY TEMPORARY LIOUOR LICENSE RELEASE G.L. PK, EST. BOND NAME APPLE GROVE PARK/ DALMATIAN PLAY AREA HIRE SEASONAL EMPLOYEES RES. 1992-7 ACTING CITY OF APPLE VALLEY Dakota County, Minnesota January 7, 1992 Page 3 The Council discussed the position and concurred that it should be rotated among the members annually so each member will have an opportunity to serve in the position during a four-year term. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Holton called the public hearing to order at 8:08 p.m. to con- PUBLIC HEARING sider vacating drainage and utility easements on Lots 10 and 11, Block EASEMENT VACTN 3, Eagle Hills Second, and noted receipt of the affidavit of publica- EAGLE HILLS 2 tion of the hearing notice. Mr. Kelley reviewed the report and said the common side lot line is being moved and the two lots are being replatted as Eagle Hills Fourth which will re-establish easements in the correct new location. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:10 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-8 approving vacation of drainage and utility easements on Lots 10 and 11, Block 3, Eagle Hills Second, and directing that the documents be filed with Dakota County. Ayes - 5 - Nays - 0. RES. 1992-8 VACATE EASEMT. EAGLE HILLS 2 RES. 1992-9 FINAL PLAT EAGLE HILLS 4 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-9 approving the final corrective plat of Eagle Hills Fourth and waiving the requirement for a subdivision agreement. Ayes - 5 - Nays - 0. Mr. Hickok reviewed the report on the request of Promise Congregational A.V. BUSINESS Church for an interpretation of permitted uses in Planned Development CTR PERMITTED District No. 409, Apple Valley Business Center, 14690 Galaxie Avenue. USE/CHURCH The report recommends that this use not be considered as a permitted use due to the incompatibility of a church with the list of permitted activities in the district. Rev. Robert Dando-Thompson was present to answer questions. Councilmember Sterling expressed concern about parking. Rev. Dando-Thompson said they would expect to use no more than 12 to 24 spaces with a fewer number during weekdays. Parking for evening meetings and Sunday services should not conflict with other uses. Councilmember Erickson said he is concerned about negative factors listed in the report including air quality. Mr. Welsch said the air quality concern is raised for occupants of a church because there are industrial users in the building and fumes may move between the walls from adjoining uses. Mayor Holton asked if the church has looked for other space? Rev. Dando-Thompson said it is the only affordable space available. They need space they can use seven days a week where people can identify the location. Councilmember Humphrey asked what the term of the lease is? Rev. Dando-Thompson said five years, but as soon as the congregation is large enough to support a church, they would build; in three to five years. CITY OF APPLE VALLEY Dakota County, Minneseta January 7, 1992 Page 4 Councilmember Sterling asked hew much parking is available? Mr. Hickok said there are 266 spaces on the site: 135 in front of the building. Parking in the back is not easily accsssible to entrances; pedestrians would have to cross the alley used for truck loading and unloading. Mayor Holton said the back of the building faces a storm water holding pond which could be hazardous for small children. Councilmember Humphrey asked what areas of the City are available and properly zoned for churches? Mr. Hickok said the remaining "P" (institutional) districts are undeveloped. Other space would only be available from an existing church or school willing to share space. The use would also be permitted in Retail Business or Limited Business zones. Councilmember Goodwin said the five-year lease is not acceptable, a shorter duration would be preferable. He asked how this has been handled by other churches? Mr. Hickok'said they have generally rented office space and held services in schools. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-10 allowing Promise Congregational Church as a temporary use at 14690 Galaxie Avenue (part of Lot 3, Block 1, Apple Valley Business Center) in Planned Development District 409 for a period of 18 months, with review after 12 months, subject to extension at discretion of the Council. RES. 1992-10 TEMPORARY CHURCH USE IN P.D. Councilmember Sterling said she is still concerned about parking especially in back of the building where children might be walking at night. Councilmember Humphrey said, considering the other uses, the church would have most of its parking needs on Sunday and spaces in front of the building would be available. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Erickson). MOTION: of Goodwin, seconded by Erickson, approving the 1992 meeting schedule, as shown in the City Clerk's memo dated January 3, 1992, in accordance with Resolution No. 1988-232, except moving the meeting of June 11th to June 9th, 1992, and setting a special meeting at 8:00 p.m. on November 5th, 1992. Ayes - 5 - Nays - 0. SET 1992 MEETING SCHEDULE MOTION: of Erickson, seconded by Goodwin, authorizing renewal of membership in the Association of Metropolitan Municipalities (AMM) and payment of 1992 dues in the amount of $6,046.00. Ayes - 5 - Nays - 0. AMM 1992 DUES The Council received a memo dated January 3, 1992, from Mr. Hickok concerning 1992 annual mobile home park inspections. Mr. Welsch said the purpose of the memo is to advise the Council that the annual mobile home park inspections are beginning. MOBILE HOME PARK CITY OF APPLE VALLEY Dakota County, Minnesota January 7, 1992 Page 5 Councilmember Erickson asked about parking at Eaton Park. Mr. Melena said two weeks ago the Fire Department responded to a call and found the street blocked by snow. The Park Manager was advised and snow was removed the next day. Residents continue to ignore parking restrictions and contribute to the problem. As a last resort, one side of the street could be designated a fire lane and tickets issued to violators. Councilmember Goodwin said he believes we have been too lenient and, if necessary, would support establishing fire lanes. Councilmember Erickson asked what can be done to have the Park owners make improvements? Mr. Welsch said, in all conversations, the bottom line is financial. The owners say they cannot afford them. A report will be coming back to the council in a couple of weeks with a recommendation. Mr. Melena noted that Cedar Knolls has not returned its application yet. Mr. Welsch said the main issue at Cedar Knolls is a storm shelter; they continue to use Greenleaf School as a shelter. The Council concurred with pursuing construction of a shelter this year. Mr. Melena distributed a letter dated January 6, 1992, from Cording- POLICE FACILTY Natwick-Hilbert Architects clarifying its proposal dated December 20, ARCHITECTURAL 1991, for Police Facility Schematic Design. The Council received PROPOSALS this proposal as well'as a proposal dated August 17, 1991, from Winsor/ Faricy Architects. Both firms have worked for the City previously and had good working relationships with Staff. Mayor Holton said he would like further schematics as to where a Police Facility could be located on the City Hall site and the space needed for the next 15 to 20 years. He recommends contracting with Cording-Natwick-Hilbert to prepare such schematics. Councilmember Erickson asked if anyone is familiar with the Wadena Law Enforcement Center listed as a reference? Councilmember Goodwin said he is, but he is concerned about dispatch facilities. He is not ready to proceed if central or joint dispatch with other cities or the County is a possibility. Councilmember Humphrey said it is premature to look at construction projects at this time. The Police Department's space is cramped, but short term solutions can be looked into. He would like to look at central dispatch before making a decision. Councilmember Erickson said asking for a sketch plan on the site is not proceeding with construction. As he understands it, the sketch plan would only be to look at options on this site and not design the building. MOTION: of Holton, seconded by Erickson, authorizing Cording Natwick-Hilbert Architects, Inc., to proceed with phase one of the proposal for Police Facility Schematic Design, described in the letter dated January 6, 1992, at a cost of $3,000.00. CNH ARCHITECTS PHASE I POLICE FACILITY DESGN CITY OF APPLE VALLEY Dakota County, Minnesota January 7, 1992 Page 6 Councilmember Goodwin said he would like to find out the County's, as well as Eagan's and Rosemount's, position on Joint dispatch before proceeding. Mr. Melena said he can contact the County and, through the Administrators' group, the other cities and prepare a report in two weeks. The information previously given the Council can be updated. The group is studying it, and preparing a request for proposals, but it would still be three to five years in implementation. Councilmember Erickson said he has been told the Police Department's needs are critical and would like a one-page memo outlining exactly what those needs are. MOTION: of Humphrey, seconded by Goodwin, tabling proceeding with architectural schematics for a Police Facility for two weeks until a report on joint dispatch is received from the City Administrator. Ayes - 5 - Nays - 0, TABLE POLICE FACILITY DESIGN The Council meeting recessed at 9:20 p.m. for the purpose of conduct- ing an Economic Development Authority meeting. The Council meeting reconvened at 9:40 p.m. EDA MEETING The Council received a memo dated December 16, 1991, from the League LMGIT ACCIDENT of Minnesota Cities concerning accident insurance coverage gvailable INSURANCE for members of city councils, boards, committees, etc. Mr. Melena said this was distributed for information only. These individuals are covered under workers' compensation and he recommends continuing with that coverage. The Council received a memo from the Building Official dated January STATE 7, 1992, concerning state contractor licensing. Mr. Miranowski said CONTRACTOR there is now a two to three month wait for licenses to be issued. LICENSING The Department of Commerce replied to the letter sent by the Mayor and said it cannot give authority to issue temporary building permits to unlicensed contractors. Most of the metro cities are going to issue building permits if contractors submit an affidavit or proof that they have filed application for a license. The Codes and Standards Office is putting together such an affidavit and he should have a copy of it tomorrow. Mr. Melena said these ara temporary licenses and there ara no testing require- ments or qualifications for the licenses. This also points up the problems that will be coming in 1993 and 1994 when permanent licenses are required. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1992-11 establishing a policy of issuing 90-day building permits to contractors who furnish proof of application for a state license, which permits will become permanent upon proof of licensing before the end of the 90-day permit. Ayes - 5 - Nays - 0. MOTION: o of Humphrey, seconded by Erickson, approving Change Order No. 1 to the contract with General Safety Equipment for the Pumper Fire Truck, in the amount of an additional $4,575.00, and authorizing final payment on the contract in the amount of $25,986.00. Ayes - 5 - Nays - 0. RES. 1992-11 90-DAY BLDG. PERMITS FIRE TRUCK CHANGE ORDER & FINAL PMT, CITY OF APPLE VALLEY Dakota County, Minnesota January 7, 1992 Page 7 Couneilmember Erickson said he read an article about uncapped wells UNCAPPED WELLS as potential problems for cities and a source of contamination. WATER OUALITY Richfield was cited as an example and he asked if this is a concern in Apple Valley? Mr. Gretz said the Gity had sewer and water systems very early and there were very few private wells. The location of most of them is known. The County is responsible for these wells and will be completing an inventory. MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check register dated December 31, 1991, in the amount of $1,610,796.55, and check register dated January 6, 1992, in the amount of $3,443,786.51. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays ~ 0. The meeting was adjourned at 9:55 o'clock p.m.