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HomeMy WebLinkAbout04/11/1985CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 11th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Administrator Asleson and Clerk Mueller. ABSENT: None. Mayor Branning 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 Holton, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA 1985 GOLF CAR LEASE PROJ. 83-15 FINAL PAYMENT SETBACK VARIANC! SUNSHINE EST. HIWAY TAXI LICENSES 1984 REPORTS RES. 1985-60 NORTH STAR 2ND FINAL PLAT HIRE PARTTIME EMPLOYEES AUDIENCE DISCN. MOTION: of Holton, seconded by Humphrey, approving all items on the consent agenda with no exceptions Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, approving the proposal of Golf Car Midwest to lease 20, 1984 Yamaha golf carts for use at Valleywood Golf Course, for a total of $13,700, for the 1985 season. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 83-15, Hunters Wood 3rd Improvements, as final from W & G Rehbein and authorizing final payment on the project in the amount of $25,256.83. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, granting setback variances for Lots 2, 3, 4 and 5, Block 1, Sunshine Estates, to allow con- struction to within 20 feet of the front lot line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving 1985 taxicab licenses for two vehicles for Eugene Turner, d/b/a Hiway Taxi. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, receiving the 1984 Police, Fire and Park Department Reports. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 60 approving the final plat of North Star Industrial Park Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime employees as listed in the memo from the City Administrator dated April 1, 1985. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 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. CITY OF APPLE VALLEY Dakota County, Minnesota April i1, 1985 Page 2 Sharon Miklasevics of Daybridge Learning Center was present and said April 15 to 20, 1985, is known as the week of the young child nationally. They are preparing a children's garden where all children from Western Dakota County will be invited to plant flowers and have planned a dedication ceremony for 9:00 a.m. on May 23, 1985, and would ask that the month of May be proclaimed as month of the young child. MOTION: of Humphrey, seconded by Holton, proclaiming May 1985 as the month of the young child. Ayes - 5 - Nays - 0. MAY YOUNG CHILD MONTH Mayor Branning called the public hearing to order at 8:11 p.m. on the PUBLIC HEARING application of J & N Partnership for $6,800,000 of Multifamily Housing J & N PARTNERS Revenue Bond Financing, under Chapter 462C, and noted receipt of the 462C FINANCING affidavit of publication of the hearing notice. Mr. Asleson said the building permit for the 123-unit apartment complex in Nordic Woods 6th Addition was previously authorized by the Council. The Mayor asked for questions or com- ments from the Council and the public. There were none and the hearing was declared closed at 8:13 p.m. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- 61, a housing bond program for the issuance of $6,800,000 of Multifamily Housing Revenue Bonds for J & N Partnership, under Chapter 462C, and authorizing submission of the same to the Minnesota Housing Finance Agency and the Metropolitan Council. Ayes - 5 - Nays - 0. RES. 1985-61 PRELIM. APPROVE J & N PARTNERS 462C FINANCING RES. 1985-62 O'CONNOR & HANNAN SPECIAL BOND & TI ATTY. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- 62 approving an agreement appointing O'Connor & Harman as special bond and tax increment counsel for the City, subject to certain exclusions, and authorizing the City Administrator to execute the agreement. Ayes - 5 - Nays - 0. The Council received a letter dated April 4, 1985, from Apple Valley PUBLIC HEARING Development Company stating the need for industrial development bond A.V. COMMONS financing and tax increment financing for the Apple Valley Commons IDB FINANCING Project. Mr. Asleson noted the industrial development bonds are not general obligation bonds of the City. Mayor Branning called the public hearing to order at 8:18 p.m. on the application for $4,700,000 of Chapter 474 financing and noted receipt of the affidavit of publication of the hearing notice. Robert Substad, representing the developers, said this will be the first phase of what is planned for a downtown office park. They are proceeding with financial committments and approximately one-third to one-half of the space is leased. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:23 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- RES. 1985-63 63 giving preliminary approval of $4,700,000 Chapter 474, Indus- A.V. COMMONS trial Development Bond, financing for Apple Valley Commons. IDB FINANCING Ayes - 5 - Nays - 0. Mr. Asleson said there are currently two approved tax increment districts in the City, the nursing home and the Community State Bank property. The Apple Valley Commons project would be Tax Increment District No. 2 within Development District CITY OF APPLE VALLEY Dakota County, Minnesota April i1, 1985 Page 3 No. 2. Development District No. 2 includes various property within the PUBLIC HEARING City. The increased tax base caused by improvements to the property A.V. COMMONS is used to repay tax increment bonds. One of the requirements of this T.I. FINANCING financing is that developers must Show the project would not be viable unless this financing is used. The letter of April 4, 1985, attests to this fact. The Planning Commission reviewed the plan on April 3, 1985, and recommended its approval. Mayor Branning called the public hearing to order at 8:30 p.m. to con- sider establishing Tax Increment District No. 2 within Development District No. 2 and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said both the School District and County had received notice of the hearing and no comments have been received from them. Jim O'Meara said he has prepared documents, including a draft agreement, outlining the developers' obligations for the developers' attorney to review. They will be submitted fo the Council for ap- proval at a later date. The Mayor asked for questions or comments from the Council and the public. There were none and the'hearing was declared closed at 8:34 p.m. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- 64 approving the establishment of Tax Increment Financing Dis- trict No. 2 and a tax increment financing plan therefor in Development District No. 2 of the City, in an amount not to exceed $995,000. RES. 1985-64 ESTABLISH T.I. DISTRICT NO. 2 Mr. Asleson said the documents establishing the district will not be filed with the County until the donuments referred to by Mr. O'Meara are approved by the Council. Vote was taken on the motion. Ayes - 5 - Nays - 0. John Gretz reviewed his memo dated March 21, 1985, on the Lac Lavon Shores develop- ment. Outlot F is proposed as M-3 zoning for townhouses. The developer has agreed to M-2 zoning, which would allow the same number of units proposed, and the City will initiate this action. Property in the southwest corner of the development will receive sewer service from Burnsville. The scenic overlook park along Garden View Drive has been recommended by the Planning Commission and the developer does not agree with this point. Any action taken by the Council would be subject to a nega- tive environmental assessment worksheet finding. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 340 re- zoning Lac Lavon Shores from I-2 to R-lC for the single family area; M-3 for Outlot F; M-4 for Outlots D and E; and P for park sites A, B and C, as recommended by the Planning Commission. ORDINANCE 340 REZONING LAC LAVON SHORES Jim Hill, representing the developer, said Sienna Corporation objects to the scenic overlook park, site C. The elevation of Outlot F is such that the townhouses will already have an overlook; there is a large park to the east now; the steep shoreline slope will be an attractive nuisance and cause safety concerns. In lieu of this site, they will contribute $25,000 to improve the park at site B in the northeast corner. Mary Pentz said there are many walkers and bikers in the City who would enjoy the scenic overlook park. The home lots along the north side of the lake would have just as steep a slope as this area. She also objects to the number of homes pro- posed in the development. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1585 Page 4 MOTION: of Humphrey, seconded by Savanick, to separate the main motion to consider rezoning park site C independently. SEPARATE THE MAIN MOTION Councilmember Goodwin asked if the development fits into the Comprehensive Park Plan for the City? Councilmember Holton said both the Planning Commission and Park Committee strongly recommended including park site C. Councilmember Humphrey said the City's Park Plan was reviewed. MOTION: of Savanick, seconded by Humphrey, calling for a vote on the separation motion. Ayes - 4 - Nays - i (Holton). CALL FOR VOTE Councilmember Savanick asked why site C was selected for the overlook area? Councilmember Holton said topography and location were considered and after the site was selected, the original Skelton End Use Plan was reviewed and the area was shown as an overlook also. Councilmember Savanick said it would appear that Outlot E will have an undeveloped area for an overlook unless it is combined with the excluded farmstead in the future. Mayor Branning commented on the criteria in the City's Comprehensive Park Plan and said he does not believe site C meets the criteria for purpose and use. Council- member Humphrey said the developer has indicated it will not continue with the project if site C is a park. The six lots would be an increase to the tax base where a park would not. The large Burnsville Park is accessible to the residents and Federal funds were used to develop it, It would appear site C is not necessary for a park. Councilmember Savanick asked if the lake level will rise? Mr. Gordon said the level is controlled by percolation, but an outlet to Keller Lake should be con- structed because future siltation may change this condition. Mr. Hill said the contention is not just the six lots, but it represents a final condition that is not acceptable considering all the negotiated changes from the original proposal. Mr. Asleson questioned the details of the $25,000 referred to for park improvements. Mr. Gretz said he understands the $25,000 would be in ad- dition to the park requirements detailed in the City's "Guidelines to Acceptance of City Parks". Mr. Sheldon said, from his review of Sienna's letter, the $25,000 would be used for development of the site B park either by Sienna or the City. Roll call vote was taken on rezoning park site C to P: Goodwin - no; Holton- yes; Branning - no; Savanick - yes; Humphrey - Abstain. (Motion failed Ayes - 2 - Nays - 2 - Abstention - 1). MOTION: of Humphrey, seconded by Savanick, amending the rezoning motion by rezoning park site C to R-lC. Roll call vote was taken: Humphrey - yes; Savanick - yes; Branning - yes; Holton - no; Goodwin - yes. (Motion passed Ayes - 4 - Nays - 1). AMEND REZONING Roll call vote was taken on the original rezoning motion as amended: Goodwin - yes; Holton - yes; Branning - yes; Savanick - yes; Humphrey - yes. (Motion. passed Ayes - 5 - Nays - 0). CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1985 Page 5 MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat PRELIM. PLAT of Lac Lavon Shores, subject to receipt of a negative environ- LAC LAVON mental assessment worksheet finding, as recommended by the Planning Commission, except platting park site C as residential lots; and directing Staff to prepare a development ggreement. Councilmember Savanick asked how the intersection of Garden View Drive and 160th Street will be located? Mr. Gretz said either right-of-way will be negotiated with the farmstead exception or it will be shifted east and entirely on Sienna's property. Lakeville will be contacted to make sure its street on the south side of 160th Street will align with Garden View. Mayor Branning asked about storm water drainage. Mr. Gordon said only storm water from the property within the plat will drain into Lac Lavon; water from adjoining property was already diverted when it was developed. The Mayor noted there may be a time when action to control lawn fertilizer around the lake will be necessary. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Savanick, directing the Engineer to pre- pare a preliminary engineering feasibility report for public improvements for Lac Lavon Shores. PRELIM. ENG. REPORT The developer said they have not yet determined how much of the improvements they want to do privately and how much they want the City to do. Mr. Gordon said he will consult with them in preparing the report and even if no City-installed improvements are done, trunk charges will be involved. Vote was taken on the motion. Ayes -'5 - Nays - 0. John Gretz reviewed his memo dated April 4, 1985, on the Carrollton Estates devel- opment. The Planning Commission recommended rezoning only the residential areas shown as Zones 1 and 2 at this time. Comprehensive Plan amendments are required to accommodate the limited and retail business areas and further consideration of the park, ponding, library site and additional parking for the area adjacent to Pennock Avenue between 145 and 147th Streets is necessary. MOTION: of Holton, seconded by Goodwin, adopting a resolution authoriz- ing submitting the Comprehensive Plan amendment for Carrollton Estates to the Metropolitan Council, as recommended by the Planning Commission, showing LB or R-4 uses between the Fire Station and the north-south access road; RB, SC or R-4 uses on the southeast corner of the property; and LB or Institutional uses adjacent to Pennock between 145th and 147th Streets. COMP. PLAN AMENDMENT CARROLLTON EST. Councilmember Savanick said she would like to consider only the area shown for the preliminary plat at this time because there are too many single family lots shown for the entire plan and more multiple dwellings should be considered. This would allow the developer to proceed with the part intended for development this year and does not require a Comprehensive Plan amendment. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1985 Page 6 Ken Ceola, representing residents south of County Road 42, said they are in favor of the single family and multiple residential uses as originally shown in the City's 1972 Comprehensive Plan and do not believe it should be amended. The area east of Pennock is zoned for business and retail uses and most of it remains undeveloped. He presented a petition opposing retail uses on the Carroll property to the Council. The Council discussed the uses proposed and asked what its obligations are in making land use decisions. Mr. Sheldon said the Land Planning Act requires a planning guide for cities. There is a question in the courts now as to whether this has the effect of zoning or not. If the Council does not act on a petitioner's request, it should make a finding as to why the request should be denied. There are certain time lines that run with the filing of such a petition and Mr. Sheldon said he would have to check to be certain of what they are. Mr. Winkler said he will not withdraw his request at this time. The planned devel- opment is what would allow the smaller sized lots and streets as proposed. Mayor Branning asked if only the first phase were acted on, how would utilities and streets be affected? Mr. Gordon said it would not be a problem because they were proposed to be installed in phases. MOTION: of Humphrey, seconded by Savanick, tabling consideration of the Comprehensive Plan amendment untii April 25, 1985. Ayes - 5 - Nays - 0. TABLE COMPS. PLAN AMENDMT. ORDINANCE 341 REZONE PHASE 1CARROLLT©N MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 341 re- zoning, as Zone 1, Planned Development, the single family lots in phase one of Carrollton Estates, except four lots shown as Lots 15, 16, 17 and 18, Block 2, as recommended by the Planning Commission. Councilmember Goodwin asked how questions about the Comprehensive Plan amendment will be addressed in the next two weeks? Mayor Branning suggested the Council dis- cuss the issues of roads, parks, etc., at its informal meeting on April 18, i985. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary PRELIM. PLAT plat, for the area contained in the rezoning, subject to re- CARROLLTON ceipt of a negative environmental assessment worksheet finding, as recommended by the Planning Commission, and directing Staff to prepare a development agreement. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, directing the Engineer to pre- PRELIM. ENG. pare a preliminary engineering feasibility report for public REPORT improvements in Carrollton Estates. Ayes - 5 - Nays - 0. John Gretz reviewed the Planning Commission report on the Scottsbriar development. A Comprehensive Plan amendment for a smaller park area is requested and has been approved by the Planning Commission. The property will be developed as 204 units of small lot single family homes and two outlots for multiple dwellings. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1985 Page 7 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 65 authorizing submitting the Comprehensive Plan amendment for Scottsbriar to the Metropolitan Council, as recommended by the Planning Commission, showing a smaller park area west of Scott Highlands Middle School and D-III on the balance of the property. Ayes - 5 - Nays - 0. RES. 1985-65 COMP. PLAN AMENDMENT SCOTTSBRIAR RES. 1985-66 SCOTTSBRIAR PARK PURCHASE MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 66 approving the purchase of 14.9 acres of park, adjacent to the 9.8 acres dedicated in Scottsbriar, from Meadow Corporation for $178,000, to be paid with park dedication funds, and authorizing the Mayor and Clerk to sign the Purchase Agreement. Mr. Sheldon said the purchase will also require the City to pay street and sidewalk costs along 142nd Street; the developer will be paying the utility costs. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, passing Ordinance No. 342 re- zoning Scottsbriar to Planned Development, containing Zones 1, 2 and 3, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 342 REZONING SCOTTSBRIAR PRELIM. PLAT SCOTTSBRIAR RES. 1985-67 PUBLIC HEARING PROJ. 85-220 ADD JOHNNY CAKE & PILOT KNOB PATHWAYS 140TH STREET PATHWAY BLDG. PERMIT LOT 1, BLK 1 CEDAR KNOLLS CO! MOTION: of Goodwin, seconded by Savanick, approving the preliminary plat of Scottsbriar, subject to receipt of a negative environmental assessment worksheet finding, as recommended by the Planning Commission, and directing Staff to prepare a development agree- ment. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1985- 67 receiving the preliminary engineering report for Project 85-220, Scottsbriar Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on May 9, 1985. MOTION: of Savanick, seconded by Holton, amending the above motion by directing the Engineer to prepare a supplemental report for pathways along Johnny Cake Ridge and Pilot Knob Roads adjacent to Scottsbriar. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, amending the original motion by directing the Engineer to prepare a supplemental report for pathway along 140th Street adjacent to Scottsbriar. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing issuance of a build- ing permit on Lot 1, Block 1, Cedar Knolls Commercial, according to plans dated March 19, 1985, subject to approval of final grading and utility plans by the City Engineer, as recommended by the Planning Commission. Ayes - 5 - Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1985 Page 8 MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit on Lot 1, Block 1, Apple Valley Industrial Park 2nd Addition, for Al's Cabinets, granting a variance to allow a parking lot setback of 15 feet from 146th Street and a finan- cial guarantee for construction of 146th Street, including municipal water, between Galaxie Avenue and the east end of the plat, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. BLDG. PERMIT LOT 1, BLK 1, A.V. IND. PARK 2ND RES. 1985-68 APPROVE PETTER EASEMENT LIST WATER TOWER LOTS FOR SALE RES. 1985-69 TAKE BIDS PROJ. 85-219 RES. 1985-70 AWARD CONTRACT PROJ. 85-224 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 68 accepting the appraisal of Ray Connelly dated March 15, 1985, and authorizing payment of $2,847.00 for the Petter storm sewer easement at Pilot Knob Road and Diamond Path. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting the appraisal of Ray Connelly dated March 14, 1985, for the sale of Lots 6 and 7, Block 13, Apple Valley 3rd Addition, at $26,500 per lot, and authorizing listing them with Coldwell Banker for 90 days. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 69 approving plans and specifications for Project 85-219, Galaxie Avenue Improvements north of 127th Street, and author- izing advertisement for bids to be received at 2:00 p.m. on May 20, 1985. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- 70 awarding the contract for Project 85-224, Repairs to Wells 4 and 7, to Keys Well Drilling, the low bidder in the amount of $21,352.00. Ayes - 5 - Nays - 0. George Ballenger reported that the City's umbrella liability insurance UMBRELLA LIAB. carrier will be cancelling the coverage April 25, 1985, because the rein- INSURANCE surance markets have closed out on the carrier. The City's insurance agent is trying to get other quotes on $10,000,000 of coverage but has been unsuc- cessful thus far. They are pursuing other options and will keep the Council informed. MOTION: of Goodwin, seconded by Savanick, approving a 1985 Labor Agree- AFSCME 1985 ment with AFSCME, Council No. 14, with group health insurance AGREEMENT payments of $155.00 per month, per employee family unit and salary increases of five percent, and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1985-71 appointing a "Star Cities" Task Force consisting of the members of the Apple Valley Area Economic Development Cor- poration, John Gretz and Tom Lawell. Ayes - 5 - Nays - 0. RES. 1985-71 STAR CITIES TASK FORCE CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1985 Page 9 MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 31084, 42213 through 42321, 42331 through 42387 and 42389 through 42428, in the total amount of $2,413,384.44. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:28 o'clock a.m. CLAIMS & BILLS