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HomeMy WebLinkAbout03/28/1991CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 28th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Humphrey and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Melena, City Clerk Muetler, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Asselanis, Planning Intern Benson, Personnel Director Boland, Forestry Specialist Brackee, Police Captain Cook, Public Works Director Gretz, Gity Planner Kelley, Associate Planner McMonigal and Assistant to Administrator Weldon. 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 Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Mayor Holton read a Proclamation for Arbor Day and commented on the ARBOR DAY City's tree planting activities. He noted that over 1,000 trees were ACTIVITIES planted last year. Ken Brackee advised the Council that the City will again receive the "Tree City U.S.A." designation for the seventh consecutive year. Kate Murray, Continuing Education Coordinator for the Zoo, and Jackie Fallon, of the Zoo, described activities which will be held at the Zoo on April 26, 1991. Ms. Fallon brought Annie, a great horned owl, to the meeting and commented on the importance of environment for owls' habitat. MOTION: of Humphrey, seconded by Sterling, proclaiming April 26, 1991, as "Arbor Day" and the Month of May as "Arbor Month" in the City. Ayes - 4 - Nays - 0. PROCLAIM ARBOR DAY & MONTH Leona Fink, representing Apple Valley Senior Citizens, was present and SENIOR CENTER asked the Council to consider their request for assistance in estab- REOUEST lishing a senior center. They now meet at Burger King for coffee and are outgrowing the space. The Legion allows them to use a meeting room, but they cannot store supplies as is the case with the Community Center. Apple Valley Villa has meeting space, but because it is a high security building, it is difficult for them to come and go. They will be trying to raise money for a facility, but need assistance. The Mayor noted that the Council will be discussing a space needs analysis at its April 18th informal meeting and this request can be considered as part of that discussion. Mr. Melena said the Council will also be reviewing the five- year capital improvement program which projects a performing arts/senior center in 1995. CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 2 Mayor Holton asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Sterling, seconded by Humphrey, approving all consent agenda items with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of March 14th, 1991, as written. Ayes ~ 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the minutes of the special meeting of March 20th, 1991, as written. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-61 accepting the donation of $500.00 from Apple Valley American Legion Post 1776 for the Police Department Explorer Post 571. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, authorizing payment of $9,987.42 to Centel as the revised billing for the King Route project telephone facilities relocations. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. .1991-62 awarding the contract for installation of chain link fencing around the Public Works Complex to Century Fence Company, the low bidder, in the amount of $16.657.00. Ayes - 4 - Nays ~ 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-63 awarding the contract, for base bid only, for reroofing the City Hall building to McPhillips Bros. Roofing Co., the low bidder, in the amount of $26,190.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey adopting Resolution No. 1991-64 awarding the contract to lease golf cars for the 1991 season at Valleywood Golf Course to Versatile Vehicles, the low bidder, for a season total of $19,800.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, accepting Project 89- 340, Central Maintenance Facility Storage Buildings, as final and authorizing final paymsnt on the contract with Fullerton Lumber Company in the amount of $5,009.00. Ayes - 4 - Nays - 0. AUDIENCE DISCN CONSENT AGENDA ITEMS MAR. 14, 1991 MINUTES MAR. 20, 1991 MINUTES RES. 1991-61 ACCEPT LEGION DONATION CENTEL RING ROUTE BILLING RES. 1991-62 AWARD CONTRACT P.W. FENCE RES. 1991-63 AWARD CONTRACT CITY HALL, ROOF RES. 1991-64 AWARD LEASE GOLF CARS FINAL PAYMENT PROJ. 89-340 CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 3 MOTION: of Sterling, seconded by Humphrey, accepting the Outdoor Warning Siren System as final and authorizing final payment on the contract with Whelen Engineering Company in the amount of $11,166.98. Ayes - 4 - Nays - 0. FINAL PAYMENT SIREN SYSTEM RES. 1991-65 TAKE BIDS DUMP BODY & PLOW PLANS & SPECS. LIQUOR STORE 2 REMODELING HIRE SEASONAL EMPLOYEES MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-65 approving specifications for a Dump Body and Snow Plow Equipment and authorizing for bids to be received at 2:00 p.m. on April 16, 1991. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, authorizing preparation of plans and specifications for remodeling Liquor Store No. 2 by Cording-Natwick-Hilbert, Inc., at a fee not to exceed $7,000.00 for the services. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving hiring the parttime and seasonal employees as listed in the Personnel Director's memo of March 28, 1991. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Melena reviewed the HRA's proposal for a First-Time Homebuyer PUBLIC HEARING Mortgage Revenue Bond Program. The City would issue bonds to finance FIRST-TIME the program which would be administered by the HRA. Mark Ulfers, HOMEBUYER PROC Director of the HRA, was present and 'said a limited amount of bonding authority is available within the state and there is no assurance the HRA's application will be approved. Mayor Holton called the public hearing to order at 8:26 p.m. on a 1991 First- Time Homebuyer Program and noted receipt of the affidavit of publication of the hearing notice. He asked for questions from the audience and there were none. Councilmember Erickson said he believes it is important to encourage people to establish roots in the City and this can help them do so. Councilmember Sterling asked who would qualify for the program? Mr. Ulfers said individuals must not have owned a home in the past three years, have household incomes not exceeding $36,000 and be purchasing existing dwellings not exceeding $97,840. The interest rate is expected to be between eight and eight and one-half percent. There were no other questions or comments and the hearing was declared closed at 8:30 p.m. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1991-66 approving the 1991 Single Family First-Time Homebuyer Program and authorizing the Dakota County HRA to submit an application to the Minnesota Department of Finance for authority to issue mortgage revenue bonds, under Chapter 462C, to finance the program. Ayes - 4 - Nays - 0. RES. 1991-66 FIRST-TIME HOMEBUYER BOND PROGRAM CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 4 Mr. Melena reviewed a memo concerning the Dakota County HRA's interest HRA OPTION in acquiring part of the property being donated to the City in the CEDAR KNOLLS Cedar Knolls area. It would purchase the property and construct rental PROPERTY towrdaouse units for low and moderate income families. Proceeds from the sale of the property could be used by the City to construct a park and ride lot on part of the site. Mr. Kelley reviewed estimated development costs based on 43 townhouse units. At $5,000 per unit, the HRA would have $215,000 available. The appraised value is $255,000 which leaves a shortfall of $40,000. City development fees are estimated at $73,912. The Council could assist the project by reducing the City development fees by $40,000 or it might be possible to use CDBG funds to offset the $40,000. Mr. Melena said the option agreement, prepared by the City Attorney, indicates the Gity will be paid $133,521.36 over the two-year period of 1991 and 1992. Construction of the units will not be completed until 1993. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1991-67 approving the Option Agreement with the Dakota County HRA for the sale, at $1.15 per square foot, of two parcels of property from Part of Lot 2, Block 15, Cedar Knolls, and authorizing the Mayor and Clerk to sign the same. Ayes ~ 4 - Nays - 0. RES. 1991-67 HRA OPTION ON PART OF CEDAR KNOLLS PROJ MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1991-68 authorizing issuance of a building permit for Walgreens on Lot 5, Block 1, Southport Centre, as recom- mended by the Planning Commission, in conformance with the conditions listed in the resolution and construction of a sidewalk from Bakers Square to Cedar Avenue. RES. 1991-68 WALGREENS BLDG. PERMIT Mr. Kelley reviewed the Planning Commission report on the project. Council- member Sterling asked if there will be additional landscaping along the loading dock area? Mr. Kelley said there is not enough room along the wall which will be constructed for screening, but there will be additional plantings along 153rd Street which is directly south. Councilmember Humphrey questioned pedestrian circulation along the interior ring route of the center and asked if it would be appropriate to have a walkway along the route to Bakers Square? Mr. Kelley said the median separating the driving lanes and parking lot becomes very narrow toward the north and would not allow both landscaping and a walkway. It was anticipated that pedestrian traffic would use the sidewalk along Cedar Avenue. Vinee Driessen, of Ryan Construction, was present and said they would be willing to construct a sidewalk from Bakers Square to Cedar Avenue. CITY OFAPPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 5 Councilmember Erickson questioned the ability of delivery trucks to maneuver the curve around the building and turn out of the parking lot. Mr. Kelley said semi trucks might have some difficulty, but most deliveries are expected to be made by step vans or one-ton trucks. Vote was taken on the motion. Ayes - 4 - Nays - 0. The Council received a letter dated March 22, 1991, from Ryan Cons- SOUTHPORT truction concerning an option to allow the City to fill the Wendy's RESTAURANT restaurant space on Lot 3, Block 1, Southport Centre, until June 1, SITE OPTION 1991. Mr. Melena recommended the Council receive the letter only and take no action particularly since reference is made for commitment to a drive through lane. Rather, it would be appropriate to proceed with a rezoning if the Council desires to preclude a drive through lane. The Council concurred. Mr. Kelley reviewed the Planning Commission report on the application SOUTHPORT of Ryan Construction for a multi-tenant building on Lot 3, Block 1, LOT 3, MULTI- Southport Centre. Blockbuster Video will be a tenant with up to three TENANT BLDG. other leased spaces in the building. The drive through window for a Wendy's Restaurant has been eliminated. The plans are shown with a driveway circulating the building which could also be eliminated on the west side and part of the south side. pelivery access will be from the east side. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-69 authorizing issuance of a building permit to Ryan Construction for a multi-tenant building on Lot 3, Block 1, Southport Centre, as recommended by the Planning Commission, in conformance with the conditions listed in the resolution and elimination of the driveway along Cedar Avenue and part of the south side. RES. 1991-69 LOT 3 SOUTH- PORT, BUILDING PERMIT Councilmember Sterling asked about reserved parking spaces for Blockbuster Video. Mr. Driessen identified the spaces on the plan. Councilmember Erickson asked how this is enforced. Mr. Driessen said signs are posted and it is up to the landlord, Ryan Construction, to enforce. Mr. Melena noted that the Police do not tag violators, instead it is a civil matter. Vote was taken on the motion. Ayes - 4 - Nays - 0. Ms. McMonigal reviewed the Planning Commission report on Oaks of Apple Valley IV, located between Pennock and Cedar Avenues, proposed for 24 single family lots. Extension of Granada Avenue was officially mapped through the area and this plat shows a different alignment from that mapped, but provides a satisfactory connection. OAKS OF A.V. IV PRELIMINARY PLAT Mayor Holton said he disagrees with the "T" intersection for Granada and asked if it could be constructed with more of a curve so traffic will not continue into the cul de sac? Joel Cooper, of Pioneer Engineering, was present and CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 6 said they believe this alignment will discourage through traffic and help control speed. This is in the middle of a residential area and will probably have minimal through traffic. Councilmember Erickson said the topography is such that it will probably define the cul de sac. Councilmember Sterling asked if a walkway easement can be provided from the back of the cul de sac to Pennock Avenue? Mr. Cooper said the property drops down steeply to Pennock and would present a problem in making a pathway connection. Mr. Melena asked if steps could be constructed? Mr. Gretz said any pathways for the public must be handicapped accessible and extreme ramps would be necessary. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1991-70 approving the preliminary plat of Oaks of Apple Valley IV, as recommended by the Planning Commission, and directing preparation of a development agreement subject to the conditions recommended. Ayes - 4 - Nays - 0. RES. 1991~70 PRELIM. PLAT OAKS A.V. IV MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-71 receiving the preliminary engineering report for Project 91-333, Oaks of Apple Valley IV Utility and Street Improvements, and setting a public hearing on it at 8:00 p. on April 25, 1991. Ayes - 4 - Nays - 0. RES. 1991-71 SET HEARING PROJ RES. 1991-72 PREPARE PLANS PROJ. SET HEARING GRANADA MAP AMENDMENT MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-72 directing the Engineer to prepare plans and specifications for Project 91-333, Oaks of Apple Valley IV Utility and Street Improvements. Ayes - 4 - Nays - 0. MOTION: of Humphrey, soconded by Erickson, setting a public hearing at 8:00 p.m. on April 25, 1991, to consider amending the official map for alignment of Granada Avenue through the area being platted as Oaks of Apple Valley IV. Ayes - 4 - Nays - 0. Mr. Melena said a draft of an ordinance licensing pawn shops and precious metal dealers has been prepared, as directed by the Council. Councilmember Goodwin asked that it be tabled until he can be present, but several jewelers in the community are present and would like to discuss the precious metal dealer aspects. PAWN SHOP & PRECIOUS METAL DEALER LIC. ORDINANCE. Rod Hausman, of R. James Jewelers, said his concern is the fees. He does business in antique silver and would need a license. He would like to meet and discuss other proposed conditions also. Mr. Melena said Mr. Hausman advised him, in a previous discussion, that requiring a picture I.D. is also a concern and in some other areas a picture is taken of the person bringing in items to sell along with the items. CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 7 Roy Grubb, of Apple Valley Jewelers, disagreed with the photo suggestion because many people come to sell items privately and would be intimidated. He has been in business in the City for four years and has not had problems. On each transaction, he requires a photo I.D., runs it through an embossing machine and maintains the information. The reason the whole issue came up is that he informed the City someone was planning to open a pawn shop and the matter was blown out of proportion. He is licensed by the state and his records are open for inspection under state law. Administrative compliance in the proposed ordinance would be costly for both the City and licensees. The Council asked about splitting pawn shops and precious metal dealers into tow ordinances. Mr. Melena said if the same recordkeeping, reporting and other conditions apply to both and an $8,000 license fee is justified for pawn shops; a lesser fee for precious metal dealers could probably not be considered. Issues that need to be addressed are how much policing is really necessary and what is that cost. Another issue is requiring background investigations for those individuals already in business in the City. Mayor Holton asked if the state licenses pawn shops? Mr. Sheldon said no. Councilmember Humphrey said he has a concern with Section 15-35(e) of the proposed ordinance requiring daily delivery of reports to the Police Department. Mr. Grubb asked that the Council consider separating pawn shops and precious metal dealers and enact precious metal dealer licensing if problems occur since there are no pawn shops in the City now. Mr. Melena said the concern is also to treat everyone involved in these businesses equally based on level of service. He suggested this be discussed with the Jewelers, Staff and a member of the Council. Jay Feichtinger, of Valley Jewelers, was also present at the meeting. Consideration of the ordinance was tabled. The Council received a memo dated March 25, 1991, from Police Chief Rivers summarizing results of citizen comment cards mailed to 200 residents in January. They experienced a 25 percent response rate and Chief Rivers noted he would term the results very positive overall. POLICE SURVEY CARDS RESULTS The Council received a memo dated March 27, 1991, from Public Works STORM WATER Director Gretz concerning storm water drainage agreements on Richard DRAINAGE Fischer, Rechtzigel and Pahl properties south of County Road 42. The AGREEMENTS agreements for crop damages are now costing the City about $30,000 per year. Based on other land acquisition costs, he estimated easements or the actual property could be purchased for about $90,000. Acquisition of easements had not previously been pursued pending resolution of gravel mining issues whereby the City may or may not gain the easements. Mr. Sheldon said the first step is to have appraisals done on the property which may cost a couple of thousand dollars. Mr. Melena noted that if these rights are purchased, it would be funded by the storm water capital account. The fees are now being paid by the general fund. CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 8 MOTION: of Sterling, seconded by Erickson, authorizing proceeding with appraisals for the purpose of acquiring storm water drainage easements or outright property purchase of the Richard Fischer, Rechtztgel and Pahl properties as recom- mended by the Public Works Director. Ayes - 4 - Nays - 0. APPRAISALS FOR STORM WATER DRAINAGE AREAS The Council meeting was recessed at 10:50 p.m. for the purpose of conducting an Economic Development Authority meeting. The Council meeting reconvened at 11:00 p.m. EDA MEETING The Council received notice of the Airport Siting Town Meeting being held by the Planning Commission at 7:00 p.m. on April 17, 1991, at Apple Valley Community Center. AIRPORT MEET- lNG NOTICE The Council received a listing of joint and cooperative agreements JOINT/COOP. the City has with other local units of government and a list of PROGRAMS potential issues on which there might be further cooperation. Mr. Melena said the Dakota County Managers are gathering this information in preparation for response to the Legislature's concern that cities are duplica- ting programs and not sharing services. Of those issues on which there might be further cooperation, he ranked the priorities as follows: hazardous materials teams, computer-aided county-wide dispatch, special recreation facilities, road maintenance and snow removal (cities taking over county roads) and environmental services. The Council concurred with exploring these issues further. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-73 approving an Amendment to the Contract for Private Development with Apple Valley Theaters, Inc., related to completion of requirements for tax increment financing and authorizing the Mayor and Clerk to sign the same, subject to Apple Valley Economic Development Authority approval. Ayes - 4 - Nays - 0. RES. 1991-73 AMEND A.V. THEATER TIF AGREEMENT The Council received a memo dated March 25, 1991, from the City Clerk concerning vacancies on the Planning Commission and Urban Affairs Committee and tabled consideration until April 11, 1991. Council- member Erickson asked that letters and application forms for these positions be sent to the persons who applied for the Council position advising them of the vacancies. COMMISSION/ COMMITTEE VACANCIES Councilmember Humphrey said he attended a workshop on cable tsle- CABLE CONSUMER vision during the National League of Cities conference earlier this PROTECTION month. He brought back a copy of the City of Portland, Oregon's, ORDINANCE cable consumer protection ordinance and asked that it be referred to the Cable TV Committee for review and recommendation on implementation of a similar ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota March 28, 1991 Page 9 MOTION: of Humphrey, seconded by Sterling, to pay the claims and bills, checks numbered 83289 through 83397 and 83407 through 83554, in the total of $4,817,803.26. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:25 o'clock p.m.