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HomeMy WebLinkAbout03/12/1992ClTY OFAPPLE VALLEY Dakota County, Minnesota March 12, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 12th, 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, Police Captain Cook, Public Works Director Gretz, Utility Superintendent Heuer, Parks & Recreation Director Johnson, City Planner Kelley, Building Official Mtranowski, 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 Humphrey, seconded by Erickson, approving the agenda for tonight's meeting as amended.' Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA Mayor Nolton 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 present to speak. MOTION: of Humphrey, seconded by Sterling, removing approval of minutes and expenditure from contingency for landscaping from tonight's agenda; moving consideration of McDonald's variance and stop signs at 147th and Galaxie to the regular agenda; and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-46 accepting, with thanks, the donation of $560.00 from Apple Valley American Legion Post 1776 to the Fire Department for three banners advertising its annual blood drive on April 6, 1992. Ayes - 5 - Nays - 0. RES. 1992-46 LEGION DONATN TO FIRE DEPT. COMPOST & YARDWASTE REPORT TREE CITY U.S.A. AWARD MOTION: of Humphrey, seconded by Sterling, receiving the report dated March 5, 1992, from Jeff Weldon on the future of Dakota County's compost and yardwaste program and possible plans to privatize the program. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, receiving notice of the City's seventh consecutive Tree City U.S.A. Award which will be presented at a luncheon on March 28, 1992, in St. Paul. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnssota March 12, 1992 Page 2 MOTION: of Humphrey, seconded by Sterling, approving renewal of the Liquor Consumption and Display (set-up) Permit for the Minnesota Zoological Garden for the period April 1, 1992, through March 31, 1993, and authorizing its issuance by Minnesota Liquor Control Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-47 appointing election judges for the April 7, 1992, Presidential Primary Election as listed in the resolution. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-48 awarding the purchase of two 72-inch mowers for the Parks Maintenance Department to Corcoran Equipment, the low bidder, in the amount of $20,096.40. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-49 awarding the lease for 36 golf cars, for the 1992 through 1995 seasons, at Valleywood Golf Course to Golf Gar Midwest, the lowest responsible bidder for 1992 vehicles, in the total amount of $95,040.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-50 awarding the contract for furnishing and planting 400 Boulevard Shade Trees to Fair's Garden Center, Inc., the low bidder, in the total amount of $39,600.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-51 awarding the contract for furnishing and delivering Various Trees and Shrubs to Bachman's, Inc., the lowest responsible bidder, with a total amount for one of each item of $1,153.85. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, authorizing promotional items from the Golf Course, Swimming Pool and Sports Arena for Apple Valley and Rosemount High Schools senior class parties as described in the Parks & Recreation Director's memo dated March 6, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving award of the Joint Purchase of Street Maintenance Materials, Traffic Marking, Street Sweeping and Seal Coating, based on bids received by Burnsville February 21, 1992, under the Joint Powers Agreement with the Cities of Burnsville, Eagan, Lakeville, Rosemount and Savage. Ayes - 5 - Nays - 0. ZOO SET-UP PERMIT RES. 1992-47 APPOINT PRIM. ELECTION JUDGE RES. 1992-48 AWARD MOWER PURCHASE RES. 1992-49 AWARD GOLF CARS LEASE RES. 1992-50 AWARD BLVD. TREE CONTRACT RES. 1992-51 AWARD TREE & SHRUB CONTRACT HIGH SCHOOL PARTY PROMOTN ITEMS JOINT PURCHASE STREET MNTC., MARKING, SWEEPING. ETC, CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1992 Page 3 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-52 appropriating $75,000.00 of Municipal State Aid Street Funds.for construction of turning lanes on County Road 42 (S.A.P. No. 186-020-04). Ayes - 5 - Nays - 0. RES. 1992-52 MSA FUNDS FOR C.R. 49 IMPR. HIRE SEASONAL EMPLOYEES JOB DESCRIPTN ASST. PUBLIC WORKS/BUILDING OFFICIAL McDONALD' S VARIANCE SETBACK VARIANCE McDONALD ' S MOTION: of Humphrey, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Director's memo dated March 12, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving the new job description for the position of Assistant Public Works Director/Building Official as contained in the Personnel Director's memo dated March 12 1992. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA With regard to McDonald's request for a variance, Councilmember Sterling asked if the landscape plan and plan for relocating the pedestrian exit have been submitted, as recommended in the Planning report dated March 12, 19927 Mr. Welsch said they have submitted plans which comply. MOTION: of Sterling, seconded by Erickson, granting a front setback variance to allow construction of a building addition, for McDonald's restaurant, to within 46 feet of lot line on Lot 5, Block 1, Levine Subdivision, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Councilmember Sterling asked if stop signs are really necessary at 147TH/GALAXIE the intersection of 147th Street and Galaxie Avenue? Mr. Gretz said STOP SIGNS complaints about difficulty making turns have been received. It is difficult to take traffic counts in the winter. Traffic would not warrant a signal, but would probably meet the warrants for stop signs because of the turning movements. Counts could be taken within about a month. MOTION: of Sterling, seconded by Goodwin, tabling consideration of installing all-way stop signs at the intersection of 147th Street and Galaxie Avenue until traffic counts have been taken. Ayes - 5 - Nays - 0. TABLE 147TH/ GALAXIE SIGNS Mr. Melena said information has been received that the City's state STATE AID aid will be cut by $346,439.00. In preparing the 1992 budget, it was REDUCTIONS anticipated that the Local Government Aid portion might be cut. This $147,023.00 was identified as the General Fund portion of the street overlay program. He reviewed other possible program reductions, totaling $346,747.00 (with the LGA). No request for authorizing these adjustments is being made at this time. The information is provided to make the public aware of the potential impact of these cuts.' CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1992 Page 4 Mayor Hotton called the public hearing to order at 8:19 p.m. to con- PUBLIC HEARIN~ sider the application of Larry Neck for an On-Sale and Sunday Liquor NECK ON-SALE Sales License and noted receipt of the affidavit of publication of LIO. LICENSE the hearing notice. The application is for the old liquor store building at 14805 Granada Avenue. Mr. Melena said, in addition to some supple- mental information needed by the Police Department, the license also requires a conditional use permit which the Planning Commission will consider March 18th. It is recommended the hearing be continued until March 26, 1992, when both items can be considered. The Mayor asked for questions or comments from the Council and the public; there were none and the hearing was continued at 8:20 p.m. Mayor Holton commented on the issues related to the decision process WHITNEY PLAZ~ in the Whitney Plaza development proposal located at the northwest PROPOSAL corner of Whitney/155th Street and Cedar Avenue. There has been mis- information concerning reconstructing Whitney Drive, along the vacated alignment, to Cedar Avenue. It was never part of the Council's consideration. Mayor Holton noted that at the Planning Commission's December 4, 1991, hearing, only six people appeared. It was not until February 13th that residents concerns were made known to the Council. Since then, the Council has listened and alternatives have been considered to improve the proposal. Aspects of the development which he believes are advantageous include: a provision for needed off-street parking; installation of the traffic signal at 155th and Cedar; a buffer for the neighborhood from Cedar Avenue; and, a development with a good mix of products, services and new jobs. The planned unit development approach was used to give the City more control of the zoning. The change to the Comprehensive Plan was given much thought and consideration by the Planning Commission and the Council. Bob Daly, the developer, said they are asking for approval of the final plat and subdivision agreement and authorization for building permits on Lots 3 through 6 tonight. They are not asking for a conditional use permit for a drive-thru window. They received a call from Dairy Queen advising that the franchisee in Rosemount is threatening litigation if the franchise in Apple Valley proceeds. This franchisee did sue when a Dairy Queen was proposed on County Road 11 in Burnsville. They have asked to be released from their obligation on Mr. Daly's site and he has released them. Mr. Daly said other appropriate uses for the site have been discussed and he is willing to work with Staff to develop a sit down, Class I, restaurant or other compatible use. He is willing to develop Lot 1 with a low traffic generator type of use that would be more appealing to the residents. Mr. Sheldon said he met with the attorneys representing Citizens Against Whitney Plaza in Court today. The Judge refused to issue a restraining order. They agreed that if the Council authorizes a building permit, the Building Department would not issue it until the Gomprehensive Plan amendment has been approved by the Metropolitan Council and the Court makes a determination on the issuance. CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1992 Page 5 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-53 approving the final plat and subdivision agreement for Delegard 2nd Addition (Whitney Plaza), with conditions as drafted by Staff, except adding a clause allowing the City a 20-year option to acquire Outlot A and removing public street language, and authorizing the Mayor and Clerk to sign the same. RES. 1992-53 FINAL PLAT & AGREEMENT DELEGARD 2ND Councilmember Goodwin said he contacted Marge Gruenes, the Principal, of Cedar Park School about constructing a path along the north side of the School property and connecting to Newell Park. The Apple Villa Townhouse area could construct a path that would connect to this path from its parking lot if it desired. Another path could be constructed from the School's south property line to 157th Street. Ms. Gruenes could not address how many children might walk from this direction, but believed it would he helpful. He said they also discussed crossing guards on Whitney and she told him there would he no problem replacing students with adults if requested. Councilmember Sterling asked who would plow the path in winter? Councilmemher Goodwin said it would be added to the school route snowplowing the City does. Gretchen Gensler, 7750 Whitney Drive, asked on whose property the path would be located? Councilmemher Goodwin said on the School District's and the City's. Karen Mattingly, 15898 Harwell Avenue, said the students in the area of Newell Park are bused already do not need the path. The children who live north of Whitney Drive would not be helped by the path. They already want adult crossing guards on Whitney Drive whether Whitney Plaza goes in or not. Dan Evans, 7591 Whitney Drive, said he listened to the Judge's comments today. He would not want a connecting path leading into the townhouse parking lot; small children could be endangered by walking there. He said the Council is ignoring the citizens desires by considering the proposal. He commented on lack of notice to residents and parents about the proposal. He said the reason for the recent show of interest ia the result of the School's Site Council becoming involved. Mayor Holton said he has no interest in whether the development goes in or not, but the developer followed procedures in presenting the request and deserves a response from the City. Councilmember Goodwin said it appears the residents would only be satisfied with residential development on the property, but they should be aware that Cedar Avenue is going to be widened and the property will be even narrower than it is now. Councilmember Erickson said he was opposed to changing the Comprehensive Plan designation from residential and questioned whether this proposal was an appropriate use. CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1992 Page 6 Mark Kreger, 15959 Harwell Avenue, said the council makes a point that the residents response was late, and he doesn't refute that notice was given. Now the residents have become aware and expressed a negative response and he believes the Council has an obligation to listen. Councilmember Goodwin reviewed the changes from the original proposal, with two restaurants, estimating traffic generation of 3,600 trips per day. The restaurants have now been eliminated and even if a Class I restaurant is added, traffic is estimated at under 1,800 trips per day. If a clinic maximized use of the property, it would generate 1,780 trips per day. Whatever is developed is going to generate traffic. Ralph Ford, 921 Whitney Drive, said he has no children now, but has lived here 26 years and is concerned about what the development will do to the neighborhood. He said the proposal seems similar to Skippers, which failed, and now the City is buying the land. Councilmember Sterling said she is very familiar with the neighborhood and attended the Planning Commission hearing because she believed it would be controversial. Very few people spoke at the hearing and later she received some phone calls. In discussions with the developer, one restaurant was eliminated earlier. She talked with Site Gouncll members and one of the questions was would the Dairy Queen be large enough to take children for lunch. The proposal includes extra public parking and eliminating parking on Whitney to make it safer. The proposal has now been narrowed down to a four-unit building and two vacant lots. She noted that once the Comprehensive Plan was amended, the zoning must be changed within nine months to comply and that has been done. Mr. Ford said if the Council concerned about creating jobs, why did it throw out Walmart? Mayor Holton said they never actually proceeded with a proposal. Councilmember Humphrey said he has been advised that it will be constructed at Cedar and 160th Street in Lakeville. MOTION: of Goodwin, seconded by Humphrey, amending the motion by adding a provision that the developer pay for the cost of installing a pathway along the north side of Cedar Park School property to connect to Newell Park. (NOTE: This motion was later withdrawn.) AMEND MOTION PATHWAY INSTALLATION Councilmember Goodwin said Ms. Gruenes indicated she believed the path would be useful, but could not say how many children would use it. Mayor Holton said if the residents do not feel it is needed, maybe it should wait. Councilmember Erickson questioned information he received in a delivery March 11, 1992, concerning revisions to the agenda. He asked why it was stamped confidential? Mr. Melena said the information was put in the weekly notes, which included information on labor items which were privileged items. Councilmember Erickson said he was opposed to this proposal a long time ago and he still believes it is not an appropriate use. CITY OF APPLEVALLEY Dakota County, Minnesota March 12, 1992 Page 7 Cathy Milosevic, 768i Whitney Drive, said she has a nine-year old who has to walk down Whitney to get home and the path will not help. She questioned the pro- cedure for giving notice about the hearing and who was notified. Councilmember Goodwin said the City has the list of those who mailed notices and she could get that information. Ms. Milosevic said she has contacted an appraiser and was told that a mall would have an impact on the value of her property. She asked if old Whitney Drive will be reopened? Mayor Holton said it will not be opened with this development and is not part of the proposal. Counctlmember Goodwin said a traffic signal is being installed at 155th/Whitney and Cedar. There is already a signal at 153rd and Cedar. Opening old Whitney Drive will not do anything for the City. Councilmember Goodwin said he discussed adult crossing guards at two corner locations on Whitney with the Principal and this should be discussed further with the Site Council. The School District has been very cooperative on these issues because they knew when the school was built that there would be heavy traffic in the area. Loreen, Styrlund, 7608 Whitney Drive, said she does not believe access should be opened up with a path into the townhouse area. A lot of children live there already and the parking lot could be a hazardous place for them. She also questioned whether the development would provide any kind of employment for her. The motion and second of the amendment to the motion withdrew suggesting waiting until it could be determined where a path is needed. Sue Englund, 7708 Whitney Drive, said there are 115 children living in the complex. Their concern is not just the school year, but all year. The driveway on the west side of the property will funnel traffic out onto Whitney. They are also concerned about what will be on the remaining two lots. Councilmember Sterling reviewed the uses eliminated from the planned development including no motor fuel sales and no fast food delivery. Now that Dairy Queen has withdrawn, the remaining four stores should not attract children. Ms. Gensler asked what a Class I restaurant is? Mr. Welsch said it would be similar to a Denny's, but no alcoholic beverage sales are permitted on the site. A restaurant could not be open after 11:00 p.m. unless a conditional use permit were issued. Charles Schmidgall, 7681 Whitney Drive, said the concern is the safety of the children and that the value of their home will be depreciated. He understands Dakota County wants Whitney reopened. He also questioned notice procedures and said the Townhouse 4th Association was not notified of the hearing. Councilmember Humphrey said he was at the meeting where the County discussed Whitney Drive. The County included it as a recommendation, but it is not requiring it and the road is not being put in. CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1992 Page 8 Councilmemher Goodwin said an officer of the Townhouse Association was at an earlier meeting and stated they were not opposed to the proposed development. Will Branning, 13775 Guild Avenue, said it is obvious the people do not want this development and the Council should listen. Strip malls have been kept out of the City in the past and this would set a precedent. The auto mall on County Road 42 was not a strip mall, but still has problems with cars being parked overnight. This development is not needed to put in pathways and parking as the Council has been discussing. This is not a good plan and the people don't want it. Peggy Stewardson, 785 Newell Drive, asked if Whttney will ever go in? Her children ride the bus, but it does not go down Newell. The children are dropped off on Whitney and have to cross it to get home. Councilmember Sterling said the planned development includes conditions on auto services to prevent a situation similar to the auto mall from developing. Councilmember Humphrey noted that, due to vacating the street, half of old Whitney belongs to the townhouse area. He also commented on the difficulty in developing this site because of its size and streets on three sides. Ms. Mattingly said she is concerned about approval of anything tied to a planned development that allows fast food and auto uses. She questioned how lot lines can be drawn if uses are going to be changed. Mr. Sheldon clarified the action the Council is considering; platting the property into lots; zoning is a separate action relating to the uses on the lots. Councilmember Sterling said even though nothing is shown on Lots 1 and 2 now, she would like the public parking provided on those lots when the other lots are developed. Mr. Welsch said that is included in the agreement. Councilmember Erickson asked if it would be better to move the Class I restaurant use north and the other uses farther south now that the fast food use is gone? Councilmember Sterling said she would prefer sending Lots 1 and 2 back to the Planning Commission for reconsideration of the uses. Councilmember Humphrey asked for clarification of the motion being considered. Mr. Welseh reviewed the conditions in the subdivision agreement, as drafted, and said language will be revised to provide for an option for the City to acquire Outlot A rather than dedication of the property to the City. Douglas Stevens, 150 Oak Shore Drive, Burnsville, an attorney representing the residents, questioned the procedures. Mr. Sheldon said the action being considered in this motion does not include issuance of the building permits. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Erickson). CITY OF APPLE VALLEY Dakota County, Minnes6ta March 12, 1992 Page 9 MOTION: of Sterling, seconded by Erickson, directing the Planning Commission to hold a public hearing on rezoning Lot 1, Block 1, Delegard Second Addition (Zone 1 of Planned Development No. 532) to eliminate restaurant uses and allow uses similar to Zone 2 of the Planned Development. REFER LOT 1 DELEGARD 2ND PLANNINC COM. Mr. Daly said he believes the residents would oppose any restaurant use on the site. Most Class I restaurants need liquor or beer licenses to he successful and he would not propose that next to a school. Something like a Denny's focuses on 24-hour a day operation. Re would not object to losing restaurant zoning on the site. He believes he will have a specific proposal for Lots I and 2 in six weeks and asked if action before the Planning Commission could be held until then. Me is willing to waive the right to come in with any restaurant on Lot 1 until then. Mr. Sheldon said if this is directed back to the Planning Commission, a proposal for a restaurant would not come to the Council because the zoning issue would be before the Planning Commission. Councilmember Goodwin said he would like to do away with the restaurant uses on Lot 1 as soon as possible regardless of what other uses are considered. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-54 authorizing issuance of a building permit for a multi-tenant building on Lots 3 through 6, Block 1, Delegard Second Addition (Whitney Plaza) with conditions as drafted, subject to receipt of Metropolitan Council approval of the Comprehensive Plan amendment and a judicial determination on permit issuance prior to Building Department Staff actually issuing the permit. RES. 1992-54 WHITNEY PLAZA BLDG, PERMIT Tom Lauer, 14300 Nicollet Court, Burnsville, an attorney representing the residents, said they intend to be back in court to prevent issuance of the building permit. Me suggested postponement of this action until all issues which have been discussed are resolved to avoid the necessity of litigation for the short term. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Erickson). MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-55 receiving the preliminary engineering report on Project 92-386, Whitney Plaza Street and Utility Improve- ments, and setting a public hearing on it at 8:00 p.m. on April 9, 1992. Ayes - 4 - Nays - 1 (Erickson). RES. 1992-55 SET HEARING PROJ. 92-386 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-56 directing the City Engineer to prepare plans and specifications for Project 92-386, Whitney Plaza Improve- ments, for consideration following the public hearing. Ayes - 4 - Nays - 1 (Erickson). RES. 1992-56 PLANS & SPECS. PROJ. 92-386 CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1992 Page 10 Joe Marquardt, 14940 Echo Way, was present and described problems MARQUARDT resulting from a broken sanitary sewer pipe to his home in October SEWER PIPE 1991. The pipe was dug up and inspected, but he has not received a BREAK REPORT report yet. He believes the wrong size pipe was installed and is concerned he would not be able to sell his house unless it is replaced. If the City will not pay for replacing the pipe, he would like a written statement that the pipe can remain. Most of the damage has been covered by his insurance, but he was advised the only way to recover other costs maybe in conciliation court. Mr. Marquardt said he made a claim to Wensmann Construction, the builder, who blamed Wenzel Mechanical, the subcontractor who did the work. Wenzel said the wrong pipe may have been installed, but it was inspected by the City and indicated the City should be responsible. The City's insurance denied the claim. He asked the City Attorney to pursue the claim and was advised they cannot, but he believes his insurance company should be reimbursed. His insurance company said it will not be pursuing a claim against the contractor because the amount is not large enough. Mr. Sheldon said the Courts have held that the City is not obligated to enforce an agreement between homeowners and builders. Inspections are for the purpose of health, safety and welfare, not enforcement. The City cannot certify that the pipe is acceptable. Mr. Marquardt asked if he can get a copy of the inspection report and if the $20.00 fee he paid for the inspection can be refunded? He also asked for a copy of the 1982 inspection report. Mr. Gretz said the report will be available in a couple of days, It was being discussed with the insurance adjuster and Attorney and that is what delayed it. Mr. Melena said the fee is not refundable and asked him to contact the Building Department for copies of whatever reports it has. The Council received the water conservation and contingency plan. Mr, WATER CONSERV. Gretz said one reason for the plan is to obtain a permit for Well No. pLaN 12 in the Mt. Simon/Hinckley Aquifer, The plan does commit to auth- orization to temporarily restrict usage of water in the City under certain conditions. It also provides for public education about water conservation and a water audit and accounting system for water used. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-57 approving the Water Conservation and Contingency Plan, dated February 1992, for implementation in the City. Ayes - S - Nays - 0. RES. 1992-57 ADOPT WATER CONSERV. PLAN The Council received the proposal for a community roadside enhancement ROADSIDE program. Mr. Gretz said this is similar to "adopt-a-road" programs. ENHANCEMENT It encourages groups or individuals to choose projects for beautifi- PROGRAM cation or enhancement rather than simply clean up roadsides. The Forestry Department will review applications for projects and work with groups to develop appropriate projects. CITY OFAPPLE VALLEY Dakota County, Minnesota March 12, 1992 Page 11 MOTION: of Erickson, seconded by Goodwin, approving the Community Roadside Enhancement Program for implementation in the City. Ayes - 5 - Nays - 0. ADOPT.ROADSIDE PROGRAM CLOSE MEETING MOTION: of Humphrey, seconded by Erickson, 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 - O. The meeting was closed at 11:30 p.m. and the Council convened in the Conference Room alonE 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 Meldon. The proceedings were tape recorded, pursuant to law. The Council reconvensd in open session at 11:55 p.m. in the Council Chambers at which time Police Chief Rivers was also present. The Council meeting was recessed at 11:55 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 12:15 a.m. The Council received a letter from Dakota County, dated March 11, COUNTY ROAD 38 1992, requesting recommendations or suggestions for naming new County NAMING Road 38. The Council discussed the request and noted it had previously recommended "Valleywood Drive". They recommended including "Valleywood" in the name, or in the alternative "Zoo Parkway". MOTION: of Erickson, seconded by Humphrey, accepting with regret the resignation of Joseph Nordlund from the Planning Commission. Ayes - 5 - Nays - 0. NORDLUND P.C. RESIGNATION The Council also received a reminder that two terms on the Planning Commission expire March 1, 1992, and a vacancy remaining on the Cable TV Committee. The Council asked for attendance records of the Commission members. MOTION: of Humphrey, seconded by Sterling, to pay the claims and bills, check register dated March 4, 1992, in the amount of $1,200,560.39, and check register dated March 11, 1992, in the amount of $1,801,620.58. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson,-seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:17 o'clock a.m.