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HomeMy WebLinkAbout02/14/1985CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 14th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Deputy Clerk Mueller. ABSENT: None. Mayor Branning called the meeting to order at 8:30 p.m. A quorum was not present until that time because Councilmembers Goodwin, Holton and Humphrey attended an in- formational meeting on gypsy moths at Hayes Community Building. The Councilmembers and everyone in attendance tookpart in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Holton, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Holton, seconded by Savanick, adding transfer of unplatted property, sale of loader, purchase of equipment, joint powers agreements for street work and fire mutual aid, Board of Review meeting, hiring police officer and change of classification to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- 21 requesting the Dakota County Auditor to apply the provisions of M.S. 272.162 to transfer and division of real property within the City. Ayes - 5 - Nays - 0. RES. 1985-21 ENFORCE PROPERTY DIVISIONS RES. 1985-22 SALE OF WHEEL LOADER MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- 22 approving specifications for the sale of a caterpillar 950 articulated wheel loader and authorizing advertisement for bids to be received at 2:00 p.m. on March 18, 1985. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- RES. 1985-23 23 approving specifications for the purchase of a street sweeper, PURCHASE OF three cabs and chassis, three dump bodies with plow equipment TRUCKS & PLOW and authorizing advertisement for bids to be received at 2:00 EQUIPMENT p.m. on March 8, 1985. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving a Joint Powers Agreement with Burnsville, Eagan and Lakeville for joint con- tracting of traffic marking work and street sweeping and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. J.P. AGREEMENT TRAFFIC MARKING & ST. SWEEPING COUNTY FIRE MUTUAL AID AGREEMENT MOTION: of Holton, seconded by Savanick, approving a Dakota County Mu- tual Aid Agreement for joint and cooperative use of Fire Per- sonnel and Equipment by the Cities in Dakota County and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 2 MOTION: of Holton, seconded by Savanick, setting the 1985 Board of Re- view meeting for the City at 7:00 p.m. on June 5th, 1985. Ayes - 5 - Nays - 0. 1985 BOARD OF REVIEW MEETING HIRE BERMEL POLICE OFFICR. PROMOTE LAWELL ADMIN. ASST CLASSIFY TAX FORFEIT LAND BOND CREMATION AGREEMENTS MOTION: of Holton, seconded by Savanick, approving hiring John Bermel for the position of Police Officer effective February 23, 1985, at a starting salary per the L.E.L.S. contract. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving promotion of Thomas Lawell to the fulltime position of Administrative Assistant effective February 19, 1985, at a starting salary of $1,568 per month. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving classification of the following tax forfeited lands as "Non-conservation" as re- commended by the County Board: Lot 6, Block 1, Carrollwood Village 1st; Lot 28, Block 3, Farquar Hills; and Outlot A, Palomino Lakeside Meadows 5th. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving bond cremation agreements with National City Bank of Minneapolis, First Na- tional Bank of St. Paul and Fidelity Bank and Trust Company of Minneapolis and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, authorizing extension of a GALAXY GOLF conditional use permit through June 4, 1994, for Edwin Tousig- CONDITIONAL nant to operate Galaxy Golf and Driving Range at 4870 West 150th USE PERMIT Street as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- 24 authorizing installation of various stop signs in the City. Ayes - 5 - Nays - 0. RES. 1985-24 STOP SIGNS HIRE PARTTIME EMPLOYEE JAN. 24, I985 MINUTES FEB. 7, 1985 MINUTES MOTION: of Holton, seconded by Savanick, approving hiring Lisa Jost as a parttime Special Instructor in the Recreation Department ef- fective January 26, 1985, at a salary of $8.00 per hour. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Savanick, seconded by Goodwin, approving the minutes of the regular meeting of January 24th, 1985, as written. Ayes - 3 - Nays - 0 (Branning and Holton Abstained). MOTION: of Holton, seconded by Savanick, approving the minutes of the special meeting of February 7th, 1985, as written. Ayes - 3 - Nays - 0 (Branning and Goodwin Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 3 Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. AUDIENCE DISCN. Mr. Gretz reviewed the Planning Commission report dated February 7, 1985, on a set- back variance for Lots 1 and 2, Block 1, Timberwick 6th. The Staff report found no unusual hardship for the variance, however the Planning Commission recommended approval. MOTION: of Holton, seconded by Goodwin, granting setback variances on Lots 1 and 2, Block 1, Timberwick 6th Addition, to allow con- struction to within 22 feet of the street rights-of-way of 138th Street and Pennock Avenue as recommended by the Planning Commission. VARIANCES LOTS 1 & 2, BLK 1, TIMBERWICK 6TH Councilmember Holton said he is in favor of the variance because he does not believe it would interfere with sight distance at the corner and allow for a larger backyard. Councilmember Humphrey asked if there are sidewalks on the streets? Mr. Gretz said there are sidewalks on both streets. Mayor Branning said he does not believe the duplex was designed for the lots. Mr. Kleckner, the petitioner, said during street construction, alot of fill was placed on the north and west sides of the lots and the south side of Lot 2 now drops off considerably. In his opinion, the building was designed to make the most use of the most usable portion of the lots. Vote was taken on the motion. Ayes - 2 (Goodwin and Holton) - Nays - 3 (Branning, Humphrey and Savanick). MOTION FAILED. Mr. Gretz reviewed the Planning Commission report dated February 7, 1985, on a pre- liminary plat and building permit for a self-storage warehouse facility. One lot of the new plat would be left undeveloped. MOTION: of Goodwin, seconded by Savanick, approving the preliminary plat of North Star Industrial Park Second Addition and directing Staff to prepare an agreement on it; and authorizing issuance of. a building permit for a self-storage facility on Lots 2 and 3, according to the site and building plans dated January 8, 1985, and landscape plan dated January 2, 1985, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. NORTH STAR IND. PARK 2ND ADDN. PRELIM. PLAT & BLDG. PERMIT Mr. Gretz reviewed the Planning Commission report dated February 7, 1985, on a pre- liminary plat to divide Lot 1, Block 2, Carrollwood Village 3rd Addition in to duplex lots. MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Carrollwood Village Eighth Addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CARROLLWOOD 8TH PRELIM. PLAT CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 4 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-25 25 requesting that an application for Community Development CDBG LOAN Block Grant funding of $249,480 be made to the District 3 Re- PROGRAM REQUEST view Committee for funding a weatherization/rehabilitation/ assessment loan program for iow and moderate income homeowners and authorizing the Mayor and Clerk to execute documents re- lated to the request. The Council reviewed Mr. Kelley's memo dated February 7, 1985, explaining the com- promise request which will still allow funding for the Community Action Council's new shelter. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Gretz reviewed the request of Smith Motors for a change in the sign ordinance to allow an additional pylon, sign for its used car operations. The Planning Commission recommended referral to the Urban Affairs Com- mittee; however, the existing ordinance has worked well and very few variances have even been requested. SMITH MOTORS SIGN ORDINANCE AMENDMENT _ Mayor Branning questioned whether ownership of more than one lot would allow a busi- ness another sign? Mr. Gretz said the ordinance defines the sign permitted for a single sales agency, not the property it owns. If there were a different business on the separate lot, it would be subject to a separate conditional use permit, etc. MOTION: of Humphrey, seconded by Holton, referring Smith Motors request for an amendment to the sign ordinance to the Urban Affairs Committee as recommended by the Planning Commission. REFER SIGN ORD. TO UAC Glen Galles said he was in favor of the sign ordinance when it was adopted, but maybe it needs revision. Apple Valley Office Centre has 30 tenants and is only permitted one sign. Apple Valley Center is a connected building, but each of the businesses has a separate sign as do the small office buildings along County Road 42. Mayor Branning asked if a different business were operating on lots adjoining Smith Motors, could it have a sign? Mr. Sheldon said if it were a different business entity and complied with the other requirements of a separate business, such as a conditional use permit, he believes that would be true but he would like to research it. Councilmember Savanick said if businesses other than Smith Motors, have problems with the sign ordinance, as Mr. Galles said, perhaps a meeting should be held with the businesses to find out their desires or problems before any changes are made. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of sign TABLE SIGN ORD. ordinance changes until February 28, 1985. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 9:30 p.m. to con- sider the application of Palomino East Apartments, Inc., for up to $3,000,000 of financing for an apartment project and he noted receipt of the affidavit of publidation of the hearing notice. Mr. Gretz re- viewed previous approvals on the project including the preliminary plat PUBLIC HEARING PALOMINO EAST CHAPTER 462C FINANCING CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 5 and authorization of building permits for a 42-unit and 30-unit apartment building. The financing requested is multifamily housing revenue bonds which are tax exempt and allow a one to two percent rate reduction. In return for the financing, 20 per- cent of the housing units must be rented to tow and moderate income residents. John Lumley, of Miller & Schroeder, was present and said the current amount of maximum adjusted gross income allowed for residents to qualify is $26,250 for a family of four. Other restrictions on the financing are that the buildings cannot be converted to condominimums for half the life of the bond issue; in this case 10 years. The project is financed by private investors and no City funds are used. Councilmember Humphrey questioned computation of the $26,250 income figure. Mr. Lumley said the figure is computed to be not in excess of 80 percent of the median family income for the area and this is the figure he was given by HUD, 'in a phone call, today. Councilmember Savanick asked if the apartments reserved for low and moderate income residents rent for the same amount as other apartments? Mr. Lumley said yes and ex- perience has shown there has been no problem in renting the units. Mayor Branning questioned ownership of the buildings. Mr. Lumley said the financing is assumable, but the buildings cannot be converted to condomtnimums for half the life of the bond issue or it would lose its tax exempt status. Roger Tadsen asked if this financing affects the industrial revenue bond financing restrictions? Mr. Lumley said the legislative restrictions and entitlements to cities do not apply to multifamily housing revenue bonds. Rita Dirico requested clarification of the possible rent subsidy programs available. Mr. Lumley said any other rent subsidy programs or assistance can be used by resi- dents,who qualify under the income limits, to pay the monthly rentals. The financing does not preclude that assistance. Bill Ireland questioned the statement:that all apartments would rent for the same amount. Mr. Lumley said what he meant was these are market rate rental units, the building owner sets the rent just as any other apartment building owner and can in- crease or decrease the rents as necessary. Frank Kleckner said this financing isimportant for his company to build a quality project with the amenities as proposed (underground parking, elevator, etc.). If they must use other financing, they may not be able to use as high a qdality of build- ing materials to make construction economically feasible. His company intends to build and own the buildings. The Council reviewed the floor plans of the units. Mr. Kleckner said it is about a 50/50 split of one and two bedroom units. He said it is similar to the "Woods" in Burnsville. That project has about 210 units rented and most are adults; about 9 or 10 children are living there at this time. Dorothy Galles asked if the "Woods" used the same financing? Mr. Kleckner said he believed it was authorized under Chapter 462C. Glen Galles asked what Mr. Kleckner would be willing to commit to the Council as a guarantee of quality and appearance if the financing is approved? CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 6 Mr. Gretz said authorization by the Council of the buildings, permits contained cer- tain items. Under consideration now is preliminary approval of the building financing. Perhaps actual approval of the issuance of the bonds could be tied to specific specifications by the Council. He also said if Mr. Kleckner came in with actual plans that were not what the Council and Planning Commission authorized, they would have to be referred back to them. Paul Harmon questioned Mr. Kleckner's experience in construction and whether he had used this type of financing before? Mr. Kleckner gave examples of work he had done and reviewed his experience. He said he has never requested this type of financing before. Mr. Lumley said this is a relatively new type of financing and has only been available for about two years. Mayor Branning said the purpose of the financing is to allow for encouraging quality in buildings and providing for low and moderate income residents without establish- ing or designating an entire area for that purpose. Mr. Harmon asked if the dollars gained in the rate reduction will actually be put into the development? The Mayor said he believed that could be a requirement of approval. Lou Clark reviewed points he made when the project was originally approved. This is the most dense of all the M-3 zoning areas in the City. A compromise of one building with 72 units was discussed with Mr. Kleckner and Clark is opposed to that also. Mr. Kleckner told him he intended to use quality construction so the build- ings could be converted to condominiums, yet this financing would prevent that from happening. He believes the Council has total discretion in considering this request. Even though the financing is tax exempt, someone still makes up those taxes. He believes the Council was elected to represent the City and the residents do not want the Council to approve this financing. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 10:28 p.m. MOTION: of Holton, seconded by Savanick, adopting Resolution No. __ granting preliminary approval to the issuance of Multifamily Housing Revenue Bonds, under M.S. Chapter 462C, in an amount of up to $3,000,000 for Palomino East Apartment Project, ap- proving the Program and authorizing its submission to the Metropolitan Council and Minnesota Housing Finance Agency. PALOMINO EAST PRELIMINARY BOND RESOLUTN. Councilmember Holton said this financing has been approved for other projects and he does not believe it shouId be denied in this project. Councilmember Savanick said she is opposed because the residents do not want the project and it will be a source of controversy and a problem for years to come. Councilmember Goodwin said the problem is the number of units; 50 or 55 would be acceptable with more of a buffer area. Councilmember Humphrey said the consideration is if the financing is not approved, are they going to build anyway? He believes they are and the reason for approving the financing would be to get concessions and some control of the building require- ments. He would like to have the units individually plumbed for laundry facilities, changes made in the driveways and other building specifications before the bonds are issued. CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 7 Mayor Branning asked what the distance is from the north building to the nearest house? Mr. Gretz said approximately 150 feet. Mr. Kleckner said he was not sure but from the corner of the building to the lot line is 115 feet. An amendment to the motion was offered by Councilmember Humphrey (and subsequently withdrawn) to include a statement about the quality of construction in the resolu- tion, eliminate driveways behind the buildings, require prior approval by the City's Building Official of all building materials and specifications before the bond is- sue is closed and reduce the maximum number of units to 60. Mr. Sheldon said perhaps this should be a statement that this is the criteria for final approval of the bonds and not be included in the preliminary resolution. Mayor Branning asked if the number of units in the resolution could be amended to 60? Mr. Sheldon said if it is reduced to 60 and the request is for 72 units, it would probably not be appropriate, but it would have to be reviewed by bond counsel. MOTION: of Humphrey, seconded by Goodwin, to continue this item until the next meeting when bond counsel could be present to explain what amendments could be made. CONTINUE ITEM Councilmember Holton said if amendments can be made, there are some other things he would like to see changed in the plans. Mayor Branning asked what the current ap- proval is? Mr. Gretz reviewed the Council's approval at its January 10, 1985, meeting. It included the preliminary plat, authorization for two buildings with a maximum of 72 units and specific references to documents presented at that meeting. If it is changed to 60 units, he would recommend the plans be brought back to the Council for approval. Vote was taken on the motion. Ayes - 2 (Goodwin and Humphrey) - Nays - 3 (Branning, Holton and Savanick). MOTION FAILED. MOTION: of Holton, seconded by Goodwin, to table this item. Ayes - 3 TABLE ITEM (Goodwin, Holton and Humphrey) - Nays - 2 (Branning and Savanick). MOTION: of Holton, seconded by Humphrey, to reconsider this tabling motion. Ayes - 3 (Branning, Holton and Humphrey) - Nays - 2 (Goodwin and Savanick). Councilmember Holton asked for clarification; could Mr. Kleckner opt to build fewer units even though up to 72 are approved? Mr. Sheldon said probably yes. MOTION: of Holton, seconded by Humphrey, tabling consideration of the resolution until February 28, 1985. Ayes - 3 (Branning, Holton and Humphrey) - Nays - 2 (Goodwin and Savanick). Consideration of an ordinance repealing sections of the City Code involving City licensing of bingo and gambling devices was removed from the agenda. The Council received notices that gambiing licenses from the Minnesota Charitable Gambling Control Board have been applied for by Apple Valley American Legion Post 1776 and Dakota County 40 & 8. No action was taken. GAMBLING LIC. APPLICATIONS CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 8 Police Chief Rivers reviewed the proposed 1985 Police Officers labor agreement which has been accepted by the union. MOTION: of Goodwin, seconded by Humphrey, approving the 1985 Agreement 1985 L.E.L.S. with Law Enforcement Labor Services, Inc., for the City's Police POLICE AGREEMT. Officers, including the Memorandum of Understanding on Civil Court, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Councilmember Goodwin said he has not had an opportunity to contact the individual he would like to recommend for the Cable TV Committee and would like this considered February 28, 1985. COMMISSIONS & COMMITTEES HISTORICAL COM. MOTION: of Humphrey, seconded by Goodwin, reappointing Alan Kohls, Barbara Linkert, Carlyle Mitchell, Lois Puckett and Agnes Scott to the Historical Committee for terms expiring March 1, 1987, and recognizing that two vacancies exist. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, appointing David Gross to fill PARK COMMITTEE a vacancy and reappointing Sandra Boyd, John Finch, Rita Gutenkauf, Greg Kopischke, Tina Rankin and Wayne Turner to the Park Committee for terms expiring March 1, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- RES. 1985-26 26 reappointing Carol Hein and Denis LaComb to the Planning PLANNING COM. Commission for terms expiring March 1, 1988. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, reappointing Richard Carlson, Shirley Doering, Stanley Fedoruk, John McKay, Fred Metry, Sharon Schwartz and Pamela Sohlberg to the Urban Affairs Com- mittee for terms expiring March 1, 1987. Ayes - 5 - Nays - 0. URBAN AFFAIRS AMBULANCE MEETING VALLEY WAY VILL. BOND REDUCTION Tom Lawell advised the Council that an informational meeting to advise the City Councils of Apple Valley, Lakeville and Farmington on ambulance service matters has been set for Monday, March 11, 1985, at 7:30 p.m. at Apple Valley City Hall. MOTION: of Humphrey, seconded by Savanick, approving a reduction in the letter of credit for Valley Way Village of from $129,250.00 to $67,650.00. Ayes - 5 - Nays - 0. Councilmember Holton asked if the Council would consider it beneficial PLANNING REPORT to have earlier input on development items being considered by the Planning Commission? If so, he would suggest attending the public hearings or per- haps a periodic report on what is being considered by the Planning Commission. Mayor Branning said he would be concerned about the Planning Commission taking the Council's recommendation instead of making their own if the Council started attend- ing the meetings. Councilmember Humphrey said he believes it should be the Planning Commission's charge to give input to the Council and advise the Council; not the other way around. Mayor Branning said any policy decisions by the Council CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 1985 Page 9 should be transmitted to the Planning Commission. Mr. Gretz said the intent of a periodic report to the Council would be to inform the members of what is coming up or of hearings scheduled so the Council can attend and get some overview of a project before the final recommendation comes to the Council from the Commission. The Council agreed the item "Planning Commission Report" should be added as an agenda item following "Council Items and Communications" as a trial item. Councilmember Savanick said she is preparing an issue of the "Council Table" newsletter and any articles should be submitted to her by Friday, February 22, 1985. "COUNCIL TABLE" ITEMS CLAIMS & BILLS MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 41551 through 41568, 41570 through 41598 and 41603 through 41643, in the total amount of $1,387,215.08. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:13 o'clock a.m.