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HomeMy WebLinkAbout01/23/1992CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 23rd, 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 Sheldon, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, City Planner Kelley, Recreation Supervisor Quale, Police Chief Rivers, Fire Chief Tuthill, 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 Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA RES. 1992-12 PROCLAIM MID- WINTER FEST MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-12 proclaiming the weekend of February 8 and 9, 1992, to be "Apple Valley Mid-Winter Fest '92" and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. Mayor Holton asked if any one was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Fire Chief FIRE PUMPER Tuthill commented on the new pumper truck brought to City Hall for viewing tonight. This is one of two vehicles which will become emergency command centers for the City. MOTION: of Sterling, seconded by Humphrey, moving consideration of the Pay Equity Implementation Report to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA DEC. 19, 1991 MINUTES DEC. 30, 1991 MINUTES JAN. 7, 1992 MINUTES CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of December 19th, 1991, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the minutes of the special meeting of December 30th, 1991, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of January 7th, 1992, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 2 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-13 accepting, with thanks, the donation of $2,500.00 from the Valley Athletic Association toward the purchase of spectator bleachers for Eastview Athletic Complex Soccer Field "C". Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving issuance of a dance permit, under City Code Sections 4-20 to 4-29, to the Mid-Winter Fest Committee for a community dance at Apple Valley Community Center on February 8, 1992, subject to presence of a Police Officer. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, authorizing a fireworks display at Valleywood Golf Course and Park on February 9, 1992, in connection with the Mid-Winter Fest celebration. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the Application to Minnesota Gambling Control Division for Exemption from Lawful Gambling License for Dakota County 40 & 8, Voiture 1457, for a gambling event on March 17, 1992, at Apple Valley American Legion Post 1776. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, approving issuance of a Hobby Kennel Permit, expiring December 31, 1992, to Beverly Rongren, at 6895 West 133rd Street (Lot 9, Block 6, Greenleaf 2nd Addition), for six adult dogs, weighing under 20 pounds each. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, granting a frontyard setback variance to allow construction of a house to within 15 feet of the street right-of-way on Lot 21, Block 1, Hidden Ponds, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, granting a rear setback variance to allow construction of a house to within 26 feet of the lot line on Lot 9, Block 1, The Oaks of Apple Valley IV, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-14 approving specifications for two Compact 4X4 Utility Vehicles and authorizing advertising for bids to be received at 10:00 a.m. on February 10, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving a Highway Easement and Temporary Easement for Dakota County Project 46-04, County Road 46 west of Cedar Avenue, on part of Outlot A, Longridge 2nd Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1992-13 VAA BLEACHER DONATION MID-WINTER FEST DANCE MID-WINTER FEST FIREWORKS GAMBLING LIC. EXEMPTION DAK. CO. 40 & 8 RONGREN HOBBY KENNEL PERMIT VARIANCE LOT 21, BLK 1 HIDDEN PONDS VARIANCE LOT 9, BLK 1 OAKS IV RES. 1992-14 TAKE BIDS 4X4 VEHICLES COUNTY ROAD 46 EASEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 3 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-15 restricting parking on the south side of Whitney. Drive between Garden View Drive and Hopewell Lane to "No parking from September to May, Monday to Friday, 7:00 a.m. to 3:00 p.m.", and directing erection of appropriate signage. Ayes - 5 - Nays - O. RES. 1992-15 SCHOOL NO PARKING ON GARDEN VIEW MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-16 authorizing disposal of outdated Police and Fire Department Johnson portable radios, RCA Personalfone radios and NEC chargers and pagers by donating them to Willmar Area Vocational School for use in its educational programs. Ayes - 5 - Nays - 0. RES. 1992-16 DISPOSE OF OLD RADIO EOUIP. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-17 setting the mileage reimbursement rate for use of personal vehicles at $.28 per mile effective January 1, 1992. Ayes - 5 - Nays - 0. RES. 1992-17 SET MILEAGE REIMBURSEMENT HIRE SEASONAL EMPLOYEES MOTION: of Sterling, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Director's memo dated January 23rd, 1992. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA The Council received the Pay Equity Implementation Report and Council- PAY EQUITY member Goodwin asked if the City is in compliance relative to its REPORT implementation of comparable worth? Ms. Boland said the report is required by January 31, 1992, even though the State is still formulating its rules. In October, the information was checked through the State and the City was in compliance at that time. MOTION: of Goodwin, seconded by Erickson, approving the Pay Equity Implementation Report, dated January 23, 1992, to the State Department of Employee Relations, authorizing the Mayor to sign the same and directing that it be forwarded to the State by the required deadline of January 31, 1992. Ayes - 5 - Nays - O. APPROVE PAY EQUITY REPORT TO STATE Mayor Holton called the public hearing to order at 8:08 p.m. to con- PUBLIC HEARING sider Project 91-379, HRA Cedar Knolls Townhomes Utility Improvements, PROJ. 91-379 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report and noted that sanitary sewer installation, from Germane Avenue into the site, will require an easement through the George's Market property. 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. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 4 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-18 ordering installation of Project 91-379, HRA Cedar Knolls Townhomes Utility Improvements. Ayes - 5 - Nays - 0. RES. 1992-18 ORDER PROJ. 91-379 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-19 directing the Engineer to prepare plans and specifications for installation of Project 91-379. Ayes - 5 - Nays - 0. RES. 1992-19 PLANS & SPECS PROJ, 91-379 The Council received the Administrator's memo dated January 17, 1992, CEDAR KNOLLS on a northern transit facility. Mr. Melena said the RTB and MVTA have PARK & RIDE expressed some concern that the proposed park and ride lot at 127th Street and Cedar may not be large enough. The RTB is requesting bonding authority from the Legislature and would consider this as a "hub" site. There is concern that the RTB may not get funding this year and that would delay its park and ride development plans. The City has funds available to construct the lot and there is additional property that the RTB could acquire to expand the lot. Councilmember Humphrey commented on the MVTA's January 22nd meeting and distributed a memo describing the park and ride lot study being undertaken by the MVTA and the RTB. The results of the study should be complete by June 1, 1992. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-20 directing the Engineer to prepare plans and specifi- cations for construction of a park and ride transit facility at 127th Street and Cedar Avenue with action on taking bids not to occur before June 1, 1992. RES. 1992-20 PLANS & SPECS PARK & RIDE FACILITY Councilmember Erickson asked if the lot can be completed before next winter if bids are delayed? Mr. Melena said even with the delay, it should be completed by October, 1992. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on a building per- NORWEST BANK mit application by Norwest Bank at the Southwest corner of 143rd BLDG. PERMIT Street and Cedar Avenue. Among the recommendations is escrowing $9,200.00 for future installation of sidewalk and pathway along 143rd Street and Cedar Avenue. Councilmember Sterling asked if $9,200.00 is adequate? Mr. Gordon said this estimate was only for pathway along Cedar Avenue. If sidewalk along 143rd Street is included, the total should be $20,000.00. Mayor Holton questioned the use of wood trim and accents on the building and said he would prefer all brick. Joe Ryan, of Oppidan Investment Company, the developer, was present and showed colored renderings of the building. Council- member Erickson said he does not believe there will be a problem with exterior maintenance and it is located near a residential area. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 5 Councilmember Humphrey said he would like the architects to look at using all brick, but would not hold up the permit because of it. Councilmember Goodwin concurred since it is a relatively low, one-story, 5,000 square-foot building. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-21 authorizing issuance of a building permit for Norwest Bank on Lot 6, Block 1, Bor-Nel, with conditions as recommended by the Planning Commission, and an agreement to provide approximately $20,000 for installation of sidewalk and pathway along 143rd Street and Cedar Avenue. Ayes - 5 - Nays - 0. Mayor Holton called the public hearing to order at 8:53 p.m. to consider vacating the.unused street right-of-way for Glenda Court abutting Lot 6, Block 1, Bor-Nel, and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the report and said this portion of the right-of-way is no longer needed now that 143rd Street is constructed. Councilmember Erickson asked if the portion abutting Lot 7 should also be vacated? Mr. Kelley said that lot is undeveloped and it may be needed for access as well as for the several parcels which now have direct access to Cedar Avenue. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:59 p.m. RES. 1992-21 NORWEST BANK BLDG. PERMIT LOT 6, BLK 1 BOR-NEL PUBLIC HEARING GLENDA COURT VACTN BOR-NEL MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-22 approving vacation of the unconstructed right-of-way for Glenda Court abutting Lot 6, Block 1, Bor-Nel, and directing that the documents be filed with Dakota County. Ayes - 5 - Nays - 0. RES. 1992-22 VACATE GLENDA CT., BOR-NEL Mr. Welsch reviewed his memo dated January 17, 1992, concerning the WHITNEY PLAZA Whitney Plaza development proposal for 19,000 square feet of retail PROPOSAL space at the northwest corner of Whitney/155th Street and Cedar Avenue. He reviewed the actions requested of the Council including Comprehensive Plan land use and text amendments. Preliminary plat review also involves consideration of a turn lane on Cedar Avenue and installation of sidewalk and streetscape improvements. The report includes Planning Commission hearing comments and additional written comments. No response was received from the School District. Mr. Welsch reviewed the vehicular trip generation information which projected that the major traffic impact will be from the two restaurant uses proposed. The site plan has been revised so there is no need to acquire additional right-of-way from the townhouse area on the north for access. Mr. Sheldon advised the Council that a Comprehensive Plan amendment requires approval by a 4/5 vote. Further, state law requires that within nine months of amending the Comprehensive Plan, the zoning must be amended to comply with the Comprehensive Plan designation. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 6 Councilmember Erickson asked for clarification on the justification needed for a Comprehensive Plan amendment. Mr. Sheldon said the burden is on the applicant to give a basis for the change and present reasons why the change would be a more appropriate designation. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-23 amending the Comprehensive Plan land use designation on Lot 1, Block 1, Delegard Addition, from high density, multiple residential (HD) use to a mix of retail and general business (RB/GB) uses; with utilization of a Planned Unit Development to select appropriate uses and place stringent conditions to mitigate negative impacts on adjacent residen- tial uses, as recommended by the Planning Commission. RES. 1992-23 COMP. PLAN AMENDMENT WHITNEY PLAZA/ DELEGARD ADDN Councilmember Erickson asked how the Planned Unit Development coincides with the Comprehensive Plan amendment and said he is concerned about getting into the process before knowing what the requirements of the PUD will be. Mr. Sheldon said the PUD is a site specific agreement and includes definitions of the uses which becomes the zoning on the property. The Comprehensive Plan amendment process is appropriate; however, the question is, in nine months, what is the zoning on the property if a PUD is not approved. Mayor Holton said the appropriate land use for this parcel needs to provide a balance between Cub and Menards on the east side of Cedar and existing residential on the west. Councilmember Sterling asked what the density was of the previously approved apartment building on the site? Mr. Kelley said it was 96 units or 23 units per acre; Whitney Pines is 22.5 units per acre. Councilmember Goodwin asked if the high traffic volume on Cedar Avenue and price of land were factors in it not being built? Mr. Welsch said they are in that the site does not have the amenities to create a high enough value for housing to be built on it unless there is some public subsidy. Norman Bjornnes, of Namron Company, said he believes it should remain a high density residential use. His company built a 201 unit apartment project on Highway 169 in Edina with no subsidy or sound barriers used in construction. It was completed in July of 1991 and is fully rented. Councilmember Goodwin said one of the differences is this piece of property has roads on three sides. Mayor Holton said traffic in that area mores at a constant level and is not stop and go like it is on Cedar. Vote was taken on the motion. Ayes ~ 4 - Nays - 1 (Erickson). With regard to the preliminary plat, Councilmember Humphrey said he would like to see Outlot A dedicated to the City and the road put in at the developer's expense. The developer would maintain it and if, at some point, it connects to Whitney Drive, the City would take it over. Mr. Malena suggested some type of agreement where they would agree to special assessments. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 7 Councilmember Sterling asked if the lots will have individual ownership and be sold? Councilmember Humphrey said yes, but the PUD would define the permitted uses on each lot. Mr. Welsch said the preliminary plat would have access restrictions to Cedar and Whitney and cross parking easements for the lots. The Planning Commission also discussed a provision, for some type of public parking easement on the west side of the property to alleviate park parking problems. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of Delegard Second Addition (Whitney Plaza, replat of Lot 1, Block 1, Delegard Addition), in concept, as discussed and as recommended by the Planning Commission. Ayes - 4 - Nays - 0 (Sterling Abstained). PRELIM. PLAT WHITNEY PLAZA/ DELEGARD 2ND Mr. Welsch requested direction on what type of land uses should be allowed as well as mitigating factors to be allowed in the PUD. This could be approached on the basis of percentage of building allowed for a use or lot by lot use. Councilmember Erickson said he has a problem with two fast food restaurants on the site and the traffic generated. Councilmember Sterling concurred and said she would like a more definite answer on how many trips per day would be generated. Mr. Melena said the only information available is a general set of numbers as a relative comparison. Another concern is future re-use of the site once the proposed businesses move out. Will Branning, 13775 Guild Avenue, reminded the Council about access problems in the northeast corner of Cedar Avenue and County Road 42 and questioned whether this site would have adequate access for viable business sites. He expressed concern about allowing general businesses uses next to a residential area. Mr. Welsch said, for clarification, the Council is being asked to respond to a proposal of a developer asking for retail/general business uses on the north portion of the site and restaurant uses on the south. MOTION: of Humphrey, seconded by Sterling, directing preparation of a planned development ordinance for rezoning of the Whitney Plaza site, Delegard Second Addition, with limited retail uses on the northern portion of the site, excluding motor fuel sales and fast food restaurants. Ayes - 5 - Nays - 0. RETAIL, NORTH PORTION OF WHITNEY PLAZA Mr. Bjornnes questioned the standards being applied to the land use request and whether the existing apartments and rental units have been given consideration. He asked why office or clinic uses were not considered? Councilmember Goodwin said both Norwest Bank and Fairview Clinic were approached about this site and they are not interested. It is unrealistic to try and force types of development that the market doesn't warrant. The Council is left to deal with development of leftover pieces of property like this, between a busy street and residential development a block away. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 8 Shannon Faust, 7750 Whitney Drive, said she is concerned about problems caused by traffic that will be generated by the fast food uses both for the neighborhood and school children. With limited entrances, most of the traffic will be using Whitney Drive. John Green, 7624 Whitney Drive, said the problem is more than traffic counts. Traffic leaving the south end of the site, making a left turn, will not be able to see traffic coming around the corner. The driveway on the west side is offset from the apartment driveway. Stop signs on Whitney could also create traffic backup and there is no traffic control at Whitney/155th and Cedar. There are parking problems now during conferences at Cedar Park Elementary School. Bonnie Tangness, 7589 Whitney Drive, Vice President of the Townhouse Association, said they do not object to the proposal. They prefer the retail proposal to a high rise residential development. They do not want Whitney Drive reopened along the townhouse property, but a traffic signal is needed at 155th and Cedar. MOTION: of Humphrey, seconded by Goodwin, directing preparation of a planned development ordinance for rezoning of the south portion of the Whitney Plaza site, Delegard Second Addition, which will allow only Taco Bell use on Lot 1 and Dairy Queen use on Lot 2 and prescribing requirements for brick con- struction, screening, landscaping and other conditions. Ayes - 3 - Nays - 2 (Ertckson and Sterling). FAST FOOD SOUTH PORTION WHITNEY PLAZA Councilmember Sterling said she would like more details on traffic related to fast food uses. Mr. Welsch said the planned development ordinance will be prepared for the Council's consideration on February 13, 1992. The Council received the City Administrator's memo dated January 17, 1992, concerning joint dispatching in the County. Mr. Melena reviewed the information which indicates it may take some time for a County- REPORTS wide decision. Unofficially, Rosemount has expressed an interest in joining with Apple Valley and this could be pursued. If joint dispatch proceeds, he would still recommend the City maintain some type of 24-hour a day operations. With this in mind, any dispatch area in a new facility should be designed with future re-use in mind. POLICE FACILTY JOINT DISPATCH Councilmember Goodwin said it appears, realistically, there would not be joint dispatch for five to eight years and the City cannot wait for final disposition. Councilmember Humphrey said he has concerns about ongoing maintenance problems and costs with the current City Hall building. He would like any study to include what these costs are now and are projected to be in the future. Mayor Holton said he would like to appoint a task force consisting of him, Councilmember Humphrey and Police Chief Rivers to come up with a recommendation for a Police facility. He recommended Cording-Natwick-Hilbert as architects to work with them. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 9 Councilmember Erickson said he would like the study to include viability of the current building as to how long it can be expected to last and what renovations can be done. Councilmember Goodwin said the long term location for the facility also needs to be considered. He asked how the task force would function and who would report to them? Mayor Holton said it would work in conjunction with the architects and other City Staff to provide input. A recommendation would be made to the full Council for action. Mr. Melena said since the primary goal is a special facility for the Police Department, it should not be a problem. MOTION: of Goodwin, seconded by Erickson, authorizing Cording- Natwick-Hilbert Architects, Inc., to work with the Task Force appointed by the Mayor and proceed with phase one of the proposal for Police Facility Schematic Design, described in the letter dated January 6, 1992, at a cost of up to $3,000.00. Ayes - 5 - Nays - 0. CNH ARCHITECTS PHASE I POLICE FACILITY DESGN The Council received the 1992 legislative issues prepared by the COUNTY 1992 Dakota County Managers group. Mr. Melena said positions on the LEGISLATIVE issues were developed over a three-month period. Dakota County has ISSUES indicated it will not support repeal of the levy limit position in the local government finance issue. The arrangement is that if one unit of government vetoes a policy, it will not be included and these issues are presented with that understanding. Councilmember Humphrey said the MVTA discussed upcoming legislative issues related to transit and he asked Mr. Kelley to prepare a memo describing them. MOTION: of Sterling, seconded by Erickson, approving the Dakota County Managers' 1992 Legislative Issues, as presented, without the paragraph on levy limits under Local Government Finance. Ayes - 5 - Nays - 0. APPROVE 1992 LEGISLATIVE ISSUES RES. 1992-24 1992 GOALS ADMINISTRATOR MILITARY LEAVE MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-24 appr6ving the City Council and Staff goals con- sisting of five 1992 goals and five long-range goals described in Exhibit A. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, appointing Jeffrey Weldon as Acting Administrator during the City Administrator's military leave from February 8 through 22, 1992. Ayes - 5 - Nays - 0. The Council discussed rescheduling the informal meeting set for MEETING February 20th to February 6th. Councilmembers Humphrey and Sterling SCHEDULE said they would not be available and no change was made in the schedule. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1992 Page 10 The Council agreed to set an informal joint meeting with the Planning Commission on January 30, 1992, at 7:30 p.m. at City Hall. JOINT P.C./ COUNCIL MEETG, Councilmember Erickson said the Urban Affairs Committee discussed ENERGY AUDIT energy audits available to residents at either no charge or for INFORMATION, $10.00 depending on income. He said these are different from the audits done a few years ago in that the auditors are not selling anything and a complete report on the home is provided. He asked that the information be publicized in the next Oity newsletter. MOTION: of Humphrey, seconded by Erickson, to pay the claims and ~ bills, check register dated January 15, 1992, in the amount of $2,600,703.97, and check register dated January 22, 1992, in the amount of $5,118,997.90. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:24 o'clock p.m.