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HomeMy WebLinkAbout02/27/1992CITY OF APPLE VALLEY Dakota County, Minnesota FebYuary 27, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 27th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Counctlmembers 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, Public Works Director Gratz, Associate Planner Hickok, Parks & Recreation Director Johnson, Police Chief Rivers, Fire Chief Tuthill, Assistant to Administrator Weldon and Community Development Director Walsch. 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 Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA Kevin Raun, ALF Ambulance Director, described the efforts of Deane RUNNING Running, Fire Marshal, in resuscitating Steve Parks on October 13, A.H.A. AWARD 1991. The child was choking on a peanut butter sandwich and had breathing. Mr. & Mrs. Parks and Steve were present to thank Mr. Running. Pam Sebesta, of the American Heart Association, presented an award to Mr. Running for his actions. Fire Chief Tuthill expressed congratulations and appreciation, on behalf of the Fire Department, to Mr. Running. Wenzel Ruhmann, Russian language teacher at Apple Valley High School, PROCLAMATION introduced Irina Kartushina, an English language teacher from NOVOSIBIRSK Novosibirsk, Russia, and students Anna Ztryanova, Lera Lashkevich, RUSSIA FRIEND- Vitaly Donderser and Lena Stepanova; who are participating in an SHIPWEEK exchange program visiting the United States. Milana Gorshkova, a student from Murmansk, Russia, staying with the Richard Wicklund family, was also present. They described their experiences during this visit and their impressions of the United States. Mayor Holton presented framed certificates proclaiming February 28th to March 5th, 1992, "Apple Valley-Novosibirsk Friendship Week", and pins to each of them. 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. Karen Mattingly, WHITNEY PLAZA 15898 Harwell Avenue, spoke in opposition to the Whitney Plaza devel- PROPOSAL opment proposal scheduled for consideration March 12, 1992. She said the residents do not believe the use proposed is the best use for the site. They have received calls from residents in other areas of the City supporting this feeling. This area is not getting a buffer zone like other areas of the City or protection of laws and ordinances. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 1992 Page 2 Charles Schmidgall said he has heard that the City has an overall plan, but has not seen one, and asked if that would help them understand why this is being considered? Mr. Welsch gave a brief history of the proposal at 155th/Whitney and Cedar. It began with review in November. A public hearing was held in December and very little comment was received. As the issue went on, there was more interest which has continued to build. Staff asked for more time to look at the layout of buildings on the site, lighting, signage, etc., that is why it is not on this meeting's agenda. They will be working with the developer over the next two weeks to prepare information for the Council. A resident asked if the project can be stopped. Mayor Holton said the rezoning was approved at the February 13, 1992, meeting. Councilmember Erickson said any zoning changes require a four-fifths majority vote of the Council. Mark Kreger, 15959 Harwell Avenue, said after all the discussion at the last meeting, they were never given an answer on why the land has to be developed at this time for this use. Mayor Holton said the developer brought the request to the City and, following procedures, the Council is responding to the request. Options have been looked at and modifications have been made since the project was proposed. Other residents generally expressed opposition to the proposal and the inclusion of a Dairy Queen across the street from Cedar Park Elementary School. MOTION: of Sterling, seconded by Humphrey, moving consideration of a title change for the Building Official to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-42 approving plans and specifications for Project 92- 385, Pilot Knob Estates 8th Addition Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on March 27, 1992. Ayes - 5 - Nays - 0. RES. 1992-42 TAKE BIDS PROJ. 92-385 MOTION: of Sterling, seconded by Humphrey, approving reduction of subdivision financial guarantees for: Falcon Ridge, from $11,605.63 to $4,500.00; Nordic Woods 6th Addition, from $26,000.00 to $24,000.00; and Briar Oaks of Apple Valley 2nd Addition, from $167,704.00 to $20,000.00 . Ayes - 5 - Nays - 0. SUBDIVISION BOND REDUCTION MOTION: of Sterling, seconded by Humphrey, approving 1992 renewal of cigarette sales licenses for George's Market and Snyder Brothers and renewal of a filling station license for George's Market. Ayes - 5 - Nays - 0. RENEW 1992 LICENSES CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 1992 Page 3 MOTION: of Sterling, seconded by Humphrey, approving hiring the part time employee as listed in the Personnel Director's memo dated February 27th, 1992. Ayes - 5 - Nays - 0. HIRE PART TIME EMPLOYEE END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Sterling, approving a title change from Building Official to Assistant to the Public Works Director/Building Official effective March 15, 1992, after approval on March 12, 1992, of a revised job description, prepared by the Personnel Director, Public Works Director and employee. Ayes - 5 - Nays - 0. BUILDING OFFICIAL TITLE CHANGE Mr. Welsch reviewed his memo concerning a request for an additional duplex lot on Garden View Drive associated with the Valley Meadows replat. The developer requested two driveways onto Garden View Drive for the site. Mr. Welsch presented three other alternatives tO provide driveway access. VALLEY MEADOWS DUPLEX LOT ON GARDEN VIEW Mayor Holton said he looked at the site and it appears extremely small for another lot. Bill Diedrich, the developer, said density, from the original development, was lost on the other part of the site because the units were changed to rambler styles; 30 versus 32 previously on the site. He would like the two additional units to make up the same density. Councilmember Erickson said the area was originally open space and he does not see the need to create another lot. Mr. Diedrich said the problem with open space may be getting the association to maintain it. Councilmember Sterling said she does not believe two driveways should be allowed onto Garden View Drive. If the unit is turned to take access from the east, it will appear to belong to the association. Mayor Holton asked if there have been problems getting the association to maintain the area? Scott Hickok said he has worked with them and it does get done. Staff would be willing to advise them about plantings for a more natural area that would require less maintenance. MOTION: of Erickson, seconded by Sterling, denying the request to replat part of Outlot B, Valley Meadows, for a duplex lot. Ayes - 4 - Nays - 1 (Humphrey). DENY VALLEY MEADOWS DUPLEX Mr. Welsch said this portion of the property was excluded from the preliminary plat of Valley Meadows 2nd Addition and needs to be replatted separately. Mr. Diedrich said the replat will designate part of Outlot B as a driveway for access to the existing zero lot line homes and the remainder will be open space to be maintained by the association. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 1992 Page 4 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-43 approving the preliminary and final plats and subdivision agreement for Valley Meadows 3rd Addition and authorizing the Mayor and Clerk to sign the same subject to Staff approval of the documents and survey to ensure that Outlot B becomes part of the townhouse association. Ayes 5 - Nays - 0. RES. 1992-43 PRELIM & FINAL PLATS VALLEY MEADOWS 3RD Mr. Welseh reviewed his memo dated February 27, 1992, on the annual EATON MOBILE~ compliance inspection of Eaton Mobile Home Park and the three alter- HOME PARK natives in the report. Mr. Sheldon said Tom Lyons, Park Manager, and ANNUAL REPORT Phillip Krass, Attorney, were present representing new owners of the Park. There is a difference of opinion as to how the City's ordinance applies to a pre-existing use. New and larger units have been moved into the Park which do not meet setbacks. The City's position is any new unit being moved in needs a permit, if the setbacks cannot be met, they need a variance which will be considered on a case by case basis. The owners contend that the Park is grand- fathered as a pre-existing non-conforming use and new units are not required to meet setbacks. Mayor Holton said he would like further review of old maps of the Park, some of which the Fire Department may have, and a comparison of what was originally approved and what exists now. MOTION: of Erickson, seconded by Goodwtn, directing the owners of Eaton Mobile.Home Park to provide a plan by June 9, 1992, for making improvements to the Park by which it will come into compliance with City ordinances. EATON MOBILE HOME PARK Councilmember Sterling asked if the owners agree and can prepare such a plan by June 9th? Mr. Krass said he is not sure what they are being asked to do. It is not economically possible for this Park to conform to the ordinances in three months under any kind of plan. Mayor Holton said these are health, safety and welfare issues for residents and the number of units allowed affects them. Mr. Krass said the new owners ended up with the Park due to a foreclosure. Financially, they will not be able to operate it if units are lost. Councilmember Erickson asked how long it will take to define the "grandfather" issue? Mr. Sheldon said he has reviewed records and will need to do more research. It may need a court decision to resolve. Mr. Krass said he has a 1987 letter from the City concerning the pre-existing non-conforming use status. Now they are being told, as unit moves out, another unit cannot be moved in unless it meets the setbacks. He would like the Council to decide which interpretation is correct his or Staff's. The Park would have to be reconfigured and number of units reduced to meet the ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 1992 Page 5 Councilmember Erickson asked for a clarification of the ordinance requirements. Mr. Welsch said 20 feet of separation is required between units because there are no lot lines. Variance requests can always be brought to the Council. The separation is to allow emergency access to the units. Councilmember Sterling asked if alternate two, establishing a fire lane along one side of the streets, would be preferable? Mr. Lyons said there is no off-street parking and such a restriction would not allow adequate parking. They have cooperated as much as possible and made substantial improvements including a storm shelter. Mr. Sheldon said the issue is can they move in a new unit when an old one moves out without a permit and the answer is no. Mr. Krass said they cannot come up with a plan that works economically and would like the Council's position on whether it supports Staff's position. Councilmemher Goodwin said he supports development of a plan for improvements and is not willing to get into a discussion of individual cases at this time. The Mayor concurred and said they have the opportunity to request variances. Fire Chief Tuthill said the Department's view is there has to be some kind of plan to maintain access through the streets and to the units. If not, there is no other choice but to establish a fire lane on one side of the streets. Mr. Krass said they want the Council to take a position on the grandfatherin§ issue. Councilmember Erickson said his perspective is if Staff and the City Attorney support enforcing the new ordinance, so does he. Mr. Lyons commented on their cooperation with snow plowing and maintaining access this past winter. He is concerned about the time required to obtain a variance. There is a seven to ten day window to get new tenants and delays will cause them to lose new tenants. Vote was taken on the motion. Ayes - 5 o Nays - 0. Mr. Welsch reviewed the memo dated February 27, 1992, on the request SPECIAL USE for a special use permit for an outside garden stere by "Bob's Plants BOB'S PLANTS to Go" at Menard's. This is similar to a request at Cub Foods which AT MENARD'S was denied. It is recommended that special use permits no longer be issued for this type of use. Instead "interim uses", as provided in state law, would be an alternative and provide specific conditions for approval or denial. This process also requires a public hearing. MOTION: of Erickson, seconded by Goodwin, denying the application of Bob's Plants to Go for a special use permit for temporary greenhouse and shrub sales in Menard's parking lot, as recommended in the Planning Department memo dated February 27, 1992. Ayes - 5 - Nays - 0. DENY BOB'S PLANTS SPECIAL USE PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 1992 Page 6 MOTION: of Goodwin, seconded by Humphrey, approving design alternate 3, in the Public Works Director's memo dated February 24, 1992, for reconstruction of Palomino Drive, between Germane and Galaxle Avenues; that is, two driving lanes with parking on the south side and a disabled vehicle lane on the north side, 42 feet wide total. PALOMINO DRIVE RECONSTRUCTION DESIGN ALT, Mayor Holton said he prefers alternate 4, 45 feet wide, which allows the option for parking on both sides if needed. Councilmember Goodwin said a 42-foot wide street accomplishes what is needed, including bus access for park and ride use and will encourage use of new County Rbad 38. The Mayor said he believes the street should have the additional three feet in case it is needed rather than having to reconstruct the street in the future. Erwin Ulrich, 13365 Fordham Avenue, said he agrees with Mayor and the Council should consider snowplow operators who would have to deal with a different sized street. Mr. Gretz said this street is proposed to have B6-18 curb which serves as a guide for snow plow blades. He also noted that all design alternates include pathway on both sides. MOTION: of Holton, seconded by Humphrey, substituting design alternate 4 in the preceding motion; that is, two driving lanes with two parking lanes, 45 feet wide total. PALOMINO ALTERNATE 4 SUBSTITUTE Vote was taken to consider the substitute motion in lieu of the original motion. Ayes - 3 - Nays - (Erickson and Goodwin). Vote was taken on the substituted motion. Ayes - 3 - Nays - 2 (Erickson and Goodwin). Councilmember Humphrey thank Mark Flaten for his work on the City's INSURANCE risk management program and excused himself from the table for con- RENEWALS sideratton of this item (10:20 p.m.) Mr. Ballenger reviewed the insurance renewal information submitted and distributed a revised summary of the premiums including coverage for volunteers of $1,500.00. The total premium is $413,836.00. Mayor Molton asked if the agent fee is the same as last year? Bill Velin, of Professional Insurance Agency, said it is. MOTION: of Goodwin, seconded by Erickson, approving renewal of insurance coverages effective March 1, 1993, with the League of Minnesota Cities Insurance Trust and Professional Insurance Agency, as agent, at an annual premium of $413,836.00. Ayes - 4 - Nays - 0. RENEW INS. COVERAGES Councilmember Humphrey returned to the table at this time (10:26 p.m.) Mr. Welsch reviewed his memo dated February 20, 1992, concerning a BUSINESS pARK~ zoning text amendment to establish a new Business Park (BP) zone. DISTRICT This would create the designation. No property is zoned for this use now. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 1992 Page 7 MOTION: of Erickson, seconded by Sterling, passing Ordinance No. 535 amending Appendix A of the City Code by adding Section A1- 42.5 to establish standards for Business Park zoning dis- tricts, used primarily for headquarter offices, professional offices, light assembly and warehouse space Ayes - 5 - Nays - 0. ORDINANCE 535 BUSINESS PARK ZONING MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 536 amending Section 6-105(2) of the City Code by establishing conditions to allow more than two commercial signs in accordance with a pre-approved master sign plan. Ayes - 5 Nays - 0. ORDINANCE 536 ALLOW MULTIPLE SIGNS MOTION: of Goodwin, seconded by Humphrey, authorizing expenditure of $83,500.00 from the Park Dedication Fund, as recommended by the Parks & Recreation Advisory Committee and described in the Park Director's memo dated February 24, 1992. EXPEND PARK DEDICATN FUNDS Councilmember Sterling said she was asked, by the Senior Citizens group, if improvements will be made to the open space along 160th Street, east of Harmony Way? Mr. Johnson said the area has very poor soil conditions and a high water table, but it maybe possible to plant it as a nature area in the future. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, to close the meeting, under the provisions of M.S. 471.705, Subd. la, to consider strategy for labor negotiations with AFSCME Local No. 479. Ayes - 5 - Nays - 0. CLOSE MEETING The meeting was closed at 10:45 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Melena, City Clerk Mueller, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson and Assistant to Administrator Weldon. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 11:25 p.m. in the Council Ohambers at which time Finance Director Ballenger, Police Chief Rivers and Erwin Ulrich were also present. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-44 providing for the operation of and establishing priorities for continuation of City services in the event of a strike by AFSCME Local No. 479. Ayes - 5 - Nays - 0. RES. 1992-44 OPERATIONS DURING STRIKE RES. 1992-45 OVERTIME DURING STRIKE MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-45 providing for consideration of overtime compensation for exempt employees who may be required to work in excess of 40 hours in a seven day period due to a strike. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 1992 Page 8 The Council meeting was recessed at 11:30 p.m. for the purpose of EDA MEETING, conducting an Economic Development Authority meeting. Following the Economic Development Authority meeting the Council meeting reconvened at 11:50 p.m. MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check register dated February 19, 1992, in the amount of $7,258,680.69, and check register dated February 26, 1992, in the amount of $435,558.04. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwln, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjoucned at 11:52 o'clock p.m.