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HomeMy WebLinkAbout03/26/1992CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 26th, 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, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, 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 Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA 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, representing Citizens Opposed to Whitney Plaza, PROPOSAL read a statement restating their objections to the proposed develop- ment at 155th/Whitney and Cedar. She said the residents believe Council approvals were not made properly and all actions should be void. They will appear at the Metropolitan Council meeting on the Comprehensive Plan amendment and at the Planning Commission public hearing on April 1, 1992. The Mayor asked the City Attorney to comment. Mr. Sheldon said that the citizens have commenced a lawsuit on these issues. It is not appropriate to have general discussion since the items they have raised will be heard by the Court. MOTION: of Sterling, seconded by Goodwin, removing Assessment Roll No. 315 from tonight's agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA FEB. 13, 1992 MINUTES FEB. 27, 1992 MINUTES MARCH 12, 1992 MINUTES CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of February 13th, 1992, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of February 27th, 1992, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of March 12th, 1992, as revised on page 4. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 2 MOTION: of Sterling, seconded by Goodwin, continuing the public hearing on the application of Larry Neck for On-Sale and Sunday Liquor Sales Licenses, at 14805 Granada Avenue, until April 9, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-58 setting a public hearing at 8:00 p.m. on April 23, 1992, to consider 1992 Special Assessment Rolls No. 313 and 314 totaling $292,241.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-59 granting a waiver of platting to allow transfer of property in Section 15, on a metes and bounds description basis, for combination with Lot 9, Block 1, Broner Woods, contingent on provision of a proper title insurance policy prior to release of this waiver. Ayes - 5 - Nays ~ O. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-60 approving specifications for "Refurbishing 1982 Ford LS9000 Fire Truck with Pumper" and authorizing advertising for bids to be received at 2:00 p.m. on April 14, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a one-year extension for the Phillips Petroleum building permit authorization and motor fuel sales Conditional Use Permit, on the southeast corner of 155th Street and Cedar Avenue (Apple Ponds Neighborhood Center), to expire April 24, 1993. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a six-month extension for Waterpark Townhomes building permit authorization and final plat, located south of 140th Street at County Road 11, to expire October 1, 1992. Ayes ~ 5 - Nays - O. MOTION: of Sterling, seconded by Goodwin, accepting the Planning Commission's recommendation on the 1993-1999 Capital Improvements Plan and receiving the proposed plan to be used in the budgeting process. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the 1993-1999 City Budget Projections prepared by Staff. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Apple Ponds 1st from $22,000.00 to 0; Huntington 5th from $53,506.76 to $15,375.00; pennock 4th from $66,000.00 to $5,000.00; and Embassy Estates 1st from $88,373.00 to $40,000.00. Ayes - 5 - Nays - 0. CONTINUE NECK LIQUOR HEARING RES. 1992-58 SET HEARING ASSMT 313-3~4 RES. 1992-59 PLAT WAIVER SECTION 15 & BRONER WOODS RES. 1992-60 TAKE BIDS FIRE TRUCK REFURBISH PHILLIPS/APPLE PONDS BUILDING PERMIT & CUP EXTENSION WATERPARK T.H. PERMIT & PLAT EXTENSION 1993-1999 CAPITAL IMPR. PLAN 1993-99 BUDGET PROJECTIONS SUBDIVISION BOND REDUC CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 3 MOTION: of Sterling, seconded by Goodwin, receiving the Public Works Director's report on 1992-1993 capital expenditures for road projects and cash flow; both Municipal State Aid (MSA) and non-MSA projects. Ayes - 5 - Nays - 0. 1992-93 ROAD PRO3ECTS & CASH FLOW RES. 1992-61 TAKE BIDS PRO3. 92-382 RES. 1992-62 TAKE BIDS PROJ. 92-375 RES. 1992-63 TAKE BIDS PROJ. 92-380 RES. 1992-64 HIGH SCHOOL PARKING POLIGE SUPVR. DRUG TESTING POLICY HIRE SEASONAL EMPLOYEES MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-61 approving plans and specifications for Project 92- 382, M.S.A. Street Overlays, and authorizing advertising for bids to be received at 2:00 p.m. on April 17, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-62 approving plans and specifications for Project 92- 375, 1992 Pathway Construction, and authorizing advertising for bids to be received at 2:30 p.m. on April 17, 1992. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-63 approving plans and specifications for Project 92- 382, 1992 Street Maintenance, and authorizing advertising for bids to be received at 3:00 p.m. on April 17, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-64 approving extension of current parking restrictions in the vicinity of Apple Valley Senior High School, now ending in May of each year, to June 15th of each year. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Drug and/or Alcohol Testing Policy for supervisory sworn police officers and job applicants for sworn police officer positions. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part- time and seasonal employees as listed in the Personnel Director's memo dated March 26, 1992. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Kelley reviewed the Planning Commission report on Oxford Hollow OXFORD HOLLOW Townhomes, located at the southeast corner of Cedar Avenue and the TOWNHOMES Zoo Road. The property is properly zoned. Each of the 46 units will have a two-car garage and two outdoor parking stalls. The revised landscaping plan has been submitted. This is an "A" zoning district category which requires at least 50 percent of the exterior to be a masonry product. Ne showed renderings of two options submitted for brick on the rear building elevations. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 4 Mayor Holton said he prefers Option 2, brick extending over both stories of the dormer area. He asked if landscaping will extend around the pond at the southern part of the property? Mr. Kelley said that pond is on MnDOT property, and is not included in the landscaping plan, but permission could probably be obtained to do some planting. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1992-65 approving the preliminary plat of Oxford Hollow Townhomes, as recommended by the Planning Commission. RES. 1992-65 OXFORD HOLLOW PRELIMIN. PLAT Mr. John Peterson, representing Good Value Homes, the developer, said the revised landscape plan was prepared by Mary Nelson, of Northfield, and is significantly beyond the two and one-half percent of building costs required. Ms. Nelson visited the site and there is heavy growth between the development and the MnDOT pond which will remain except for the low lying west end. If there is excess fill material the City would like to dispose of, they would accept it and construct a berm in that area. Mr. Peterson questioned Code requirements for masonry, especially on the rear of the buildings. There are no single family homes with this type of construction and the townhomes are meant to look residential. However, they would prefer to use a combination of both options for the brick treatment. Lynn Chase, 13155 Galleria Place, said sidewalk on 132nd Street stops just west of her street and does not extend around the Cedar frontage road. She asked if sidewalk will bs installed? Mr. Gretz said there are no plans to install sidewalk in that area now. It would probably be possible to install it on one side only. Bruce Carlson, 13131 Galleria Place, said landscape screening is shown along Cedar Avenue and on the north side of the property, but there is no screening between the townhomes and his backyard. There are a lot of oak trees in the area and he expressed concern about what will happen to them during construction. He commented on traffic on 132nd Street and said he would like a stop sign on 132nd Street to reduce the speed. He asked where air conditioning units will be placed on the townhomes? Mr. Peterson said they will be on the ground. Councilmember Sterling asked if the oak trees will provide screening? Councilmember Humphrey said there appears to be a three to one slope from the existing homes to the townhomes. Mr. Peterson said there is a steep slope and it would be impossible to put in any kind of screening. Councilmember Erickson suggested speeding problems be referred to the Police Department and noted that as areas develop, speeding tends to decrease. Council- member Humphrey asked the Public Works Director to comment on problems with putting stop signs where drivers don't expect them. Mr. Gretz said drivers tend to ignore stop signs if they are installed where traffic does not meet warrants. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 5 Councilmember Goodwin asked the Public Works Director to comment on tree preservation. Mr. Gretz said the Forester marks the perimeter of trees to be protected and this process has been successful in saving many trees. If trees are infected with oak wilt or another disease, they will be removed. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-66 authorizing issuance of a building permit for Oxford Hollow Townhomes, as recommended by the Planning Commission, with brick utilized on the rear in either Option 1 or 2 at developer's choice. Ayes - 5 - Nays - 0. RES. 1992-66 OXFORD HOLLOW BLDG. PERMIT RES. 1992-67 SET HEARING PROJ 92-383 RES. 1992-68 PLANS & SPECS. PROJ. 92-383 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-67 receiving the preliminary engineering report on Project 92-383, Oxford Hollow Storm Sewer and Utility Improvements, and setting a public hearing on it at 8:00 p.m. on April 23, 1992; and directing the Engineer to prepare an addendum for sidewalk along 132nd Street and the Cedar Avenue frontage road. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-68 directing the City Engineer to prepare plans and specifications for Project 92-383, Oxford Hollow Improve- ments, for consideration following the public hearing. Ayes - 5 - Nays - 0. Mr. Hickok reviewed the Planning Commission report on the application AUTOWORKS CAR of Autoworks Car Care Facility for a building permit on two lots at CARE FACILITY the southeast corner of 146th Street and Granada. Mr. Hickok said the lots will be combined, but only phase one of the building will be-constructed at this time. He showed renderings of the building elevations. A six-foot sidewalk will be installed along Granada adjoining the property. One of the conditions of approval is that no overnight parking of any vehicles will be permitted. Mr. James Phelps, the architect representing the owner, said they agree with the conditions recommended and will abide with them. Councilmember Humphrey asked how much parking will be constructed? Mr. Phelps said 25 spaces with phase one and an additional 10 spaces upon completion. They would be prepared to install bituminous curb along the edge of the lot where future expansion will occur. The Council discussed the issue and said it would be left to the owner's option. Councilmember Humphrey asked what kind of lighting will be installed and why a six-foot instead of an eight-foot sidewalk is being installed. Mr. Hickok said lighting has been left to the owner's option, but they intend to install lights similar to what is on 147th Street. Mr. Welsch said the six-foot sidewalk is what is required in the City's sidewalk/trail policy. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 6 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-69 authorizing issuance of a building permit for Autoworks Car Care Facility on Lots 1 and 2, Block 3, Valley Commercial Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1992-69 AUTOWORKS BLDG. PERMIT Mr. Johnson reviewed his memo dated March 19, 1992, regarding a PARK DEDICA~N. request for Park Dedication Fund expenditures. One of the items is FUND EXP. roof repair on the Hayes Park Building and the Parks & Recreation Committee expressed concern about using Park Dedication funds for this purpose. Councilmember Goodwin said he is also concerned about how these funds are used and does not believe Park Dedication should be used for building repair. Councilmember Humphrey asked if the Park Dedication Fund could loan money to the General Fund and repay it next year? Mr. Melena said it will be more difficult to pay for it from the General Fund next year due to legislative cuts. The C.I.P. Fund has been designated for a municipal building, but some funds could be used. In the future, funds remaining from any municipal building project could be established as an ongoing fund for repair. MOTION: of Humphrey, seconded by Goodwin, authorizing the expenditure of up to $16,250.00, from interest earned on the C.I.P. Fund, for repair of the roof on the Hayes Park Building. Ayes - 5 - Nays - 0. HAYES ROOF REPAIR FUNDING MOTION: of Goodwin, seconded by Erickson, authorizing the expend- iture of up to $12,850.00, from the Park Dedication Fund, for Eastview Soccer Stadium Improvements as described in the Parks & Recreation Director's memo dated February 11, 1992. EASTVIEW SOCCER STADIUM IMPROVEMENTS Mr. Johnson said they will continue to pursue donations for additional funding. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Johnson reviewed the fee proposed for "For-Profit" youth athletic YOUTH tournaments as described in his memo dated March 19, 1992. Council- TOURNAMENT FEE member Goodwin asked whether consideration was given to implementing the fee for second time tournaments by a group? Mr. Johnson said it was discussed with the Parks & Recreation Committee, RAAA and VAA and determined it would be too difficult to administer. The fee would begin in 1993 and apply to tournaments bringing in teams from out of town; not regular season play or end of thc season playoffs. The VAA President was present when it was discussed and said he had reviewed it with the Board and they agreed with the proposal. Councilmember Goodwin said he believes there may have been some miscommunication with members of the VAA Board and suggested it be brought to them again for further explanation. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 7 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-70 approving the policy, effective in 1993, of charging a fee of $35.00 per day/per field for organizations conducting youth athletic tournaments using City fields where teams from outside Apple Valley participate and an entry fee is charged for the tournament. RES. 1992-70 YOUTH TOURNAMENT FEE TABLE - FAILED MOTION: of Goodwin, seconded by Humphrey, tabling consideration of the policy until it has been reviewed with the VAA Board. Ayes - 2 - Nays - 3 (Erickson, Nolton and Sterling). Vote was taken on the motion. Ayes - 4 - Nays - 1 (Goodwin). MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 537 ORDINANCE 537 amending Chapter 10 of the City Code by adopting the FIRE CODE Minnesota Uniform Fire Code. Councilmember Humphrey asked about criteria in the Code for sprinkling buildings. Mr. Melena said that is contained in Chapter 38 which is not being adopted at this time. Mr. Gretz noted that is Chapter 38 of the Building Code. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, amending the agenda to AUTO PAP~K receive information on an auto park proposal at this time. PROPOSAL Ayes - 5 - Nays - 0. Mr. Steve Feneis, of Sartell, representing the future owner of the Ford dealership, said they are negotiating to purchase property east of Target for an automobile sales complex. It has been discussed with Staff and he would like to address any concerns of the Council before beginning architectural plans. The Council received two alternates for a site south of County Road 42 and west of Galaxie Avenue. Mayor Holton said his major objection is closing 151st Street and he would not consider that option. Mr. Feneis said the difficulty in finding a site is that Ford Motor Company will not agree to a site where a road separates the parcels. Councilmember Humphrey said he would not necessarily object to closing the street. Councilmember Erickson asked what traffic counts are on 151st Street? Mr. Welsch said they have not been taken yet, but are estimated at 5,000 trips per day. Mr. Melena said parking on 151st Street has been a problem. If the land east of SuperAmerica is acquired as additional parking for SuperAmerica and the Auto Mall, and not occupied by a structure, could Ford agree to locate south of 151st Street? Mr. Welsch said a concern may be the cost of that property. Mr. Feneis said exposure on County Road 42 will be an important consideration. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 8 Councilmember Humphrey said there are alternatives to 151st Street and use of 153rd Street should be encouraged. Councilmember Goodwin said he agrees it is not the best option to close 151st Street, but if it makes the deal he would concur. Councilmember Sterling asked if alternatives for parking have been discussed with the Auto Mall? Councilmember Erickson asked if Ryan Construction and Target have been contacted about access and said he would like it presented to surrounding property owners before proceeding. MOTION: of Erickson, seconded by Sterling, setting an informal meeting at 8:00 p.m. on April 2, 1992, at City Hall, to present the auto park proposal to surrounding property owners and businesses. Ayes - 5 - Nays - 0. SET INFORMAL MEETING MOTION: of Goodwin, 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 10:15 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 10:55 p.m. in the Council Chambers at which time Evelyn Hoover, of the Dakota County Tribune; Finance Director Ballenger, City Planner Kelley, Community Development Director Welsch and a member of the public were also present. Mayor Holton said the 1992-93 AFSCME Maintenance Labor Contract, proposed by the mediator and accepted by the Union yesterday, was presented to the Council. Because the Council has some concerns about it, additional time to consider the proposal is needed. MOTION: of Sterling seconded by Erickson, setting a special meeting at 8:00 p.m. on April 2, 1992, at City Hall, to consider the 1992-93 AFSCME Maintenance Labor Contract. Ayes - 5 - Nays - 0. SET SPECIAL MEETING AFSCME The Council meeting was recessed at 10:58 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 11:25 p.m. Mr. Melena noted that residential garbage removal service fees are now GARBAGE approximately $60.00 per quarter. There has been concern that with SERVICE RAT~S. fee increases there may be property owners who will not pay for garbage removal. Consideration may have to be given to collecting such fees by the City to enforce collection. Mayor Holton asked if it is possible to get lists of those contracting for service from the haulers? Mr. Melena said that would probably be difficult, but Staff will check into it. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1992 Page 9 Mr. Melena said the 1992 tax capacity rate information is now avail- TAX RATES able. The City's rate is 0.24677, the County's is 0.25536, School District 196's is 0.55681 and Special Districts are 0.05060 for a total of 1.10954 as compared to a total of 0.992320 in 1991. The Council received a copy of a letter dated March 11, 1992, from DEER PROBLEMS residents of Lower 139th Court concerning a problem with an increasing deer population in the City. Mr. Melena said this may be the start of problems that other cities have experienced and the Council should be aware of it. The Council received notice of proposed legislation requiring cities with populations over 20,000 to have single-member wards for the election of councilmembers. Locals representatives will be contacted and requested to oppose it. LEGISLATIVE ISSUES CITY HALL FLOOR WORK AIRPORT COM. Mr. Melena advised the Council that the City Engineer will be having expanded foam installed under the. floor in the administration area of City Hall to attempt to solve the hollow sound. The work will be done as an experiment, at no cost, this weekend. Mr. Melena advised the Council that Dennis Welsch will be representing the City on a technical review committee of the Metropolitan Airport Commission. Mr. Melena advised the Council that the Dakota County Board will be COUNTY increasing to a seven-member Board with the redistricting. It has set REDISTRICTING a special meeting on April 16, 1992, at 9:00 a.m., to determine new districts of approximately 38,000 population. Staff will have maps prepared showing the western area of the County for further review. The Council also received a reminder of a vacancy and two terms on the COMMISSION Planning Commission expiring March 1, 1992. A vacancy also exists on APPOINTMENTS the Cable TV Committee. The Council asked for copies of any applications on file. The Council discussed holding a joint informal meeting with the Economic Development Committee of the Chamber of Commerce. It was agreed that the first hour of the informal meeting on April 16, 1992, would be reserved for this purpose (6:00 to 7:00 p.m.) MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check register dated March 18, 1992, in the amount of $1,701,317.06, and check register dated March 25, 1992, in the amount of $1,401,400.87. Ayes - 5 - Nays - 0. CHAMBER ECON. DEV. JOINT MEETING CLAIMS & BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:48 o'clock p.m.