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HomeMy WebLinkAbout05/23/1985CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 23rd, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Humphrey (attended at 8:03 p.m.); Administrator Asleson and City Clerk Mueller. ABSENT: Councilmember Savanick. 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 - 3 - Nays - 0. APPROVE AGENDA MOTION: of Goodwin, seconded by Holton, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1985- 101 awarding the contract for Project 85-219, Galaxie Avenue Improvements North of County Road 38, to McNamara Contracting, the low bidder, in the amount of $335,704.00. Ayes - 3 - Nays - 0. RES. 1985-101 AWARD CONTRACT PROJ. 85-219 RES. 1985-102 AWARD CONTRACT PROJ. 85-231 HIRE PARTTIME EMPLOYEES MAY 9, 1985 MINUTES AUDIENCE DISCN. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1985- 102 awarding the contract for Project 85-231, Pilot Knob Storm Sewer, Well No. 11 Water Main and Garden View Drive Sanitary Sewer Repair, to J. P. Norex, Inc., the low bidder, in the amount of $81,107.44. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring the parttime employees as listed in the memo from the City Administrator dated May 20, 1985. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA Councilmember Humphrey attended at this time. MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of May 9th, 1985, as written. Ayes - 4 - Nays - 0. 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. Mayor Branning called the public hearing to order at 8:04 p.m. and noted PUBLIC HEARING receipt of the affidavit of publication of the hearing notice on the ap- A.V. SQUARE plication of Apple Valley Square Shopping Center Company for $4,500,000 IDB FINANCING of Commercial Development Revenue Bond financing. Mr. Asleson reviewed his memo dated May 20, 1985, on the project. The financing request is for up to $4,500,000. Apple Valley has $8,200,000 total available and Apple Valley Commons CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1985 Page 2 will be using $3,900,000 of it. This leaves $4,300,000 available and Mr. Minea is aware the full $4,500,000 is not available. Craig Minea, the developer, was pre- sent and said the financing would be used to construct an approximately 53,000 square foot Rainbow Foods facility. Because of certain tax law requirements, he is not certain how the building would be connected to the Apple Valley Square Center. He is considering also proceeding with the final addition to the Center, but that is not part of this financing request. He has discussed extending an enclosed mall to the Kmart Store from the Rainbow facility and is still pursuing this. Mr. Asleson said this project is proceeding out of sequence, however this type of financing was used on the Center, Kmart and a hearing was held, but bonds not is- sued, for an addition to the Center. The building permit proceedings will be processed through the Planning Commission as soon as possible. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 8:14 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 103 granting preliminary approval of $4,500,000 financing for Apple Valley Square Shopping Center Company under the Minnesota Municipal Industrial Development Act; referring the proposal to the Minnesota Energy and Economic Development Authority for ap- proval and authorizing preparation of necessary documents. Ayes - 4 - Nays - 0. RES. 1985-103 PRELIM. APPROVAL A.V. SQUARE IDB FINANCING PUBLIC HEARING PROJ. 85-222 CARROLLTON EST. TRUNKS Mayor Branning called the public hearing to order at 8:16 p.m. and noted receipt of the affidavit of publication of the hearing notice on Project 85-222, Carrollton Estates Trunk Improvements. Keith Gordon reviewed the preliminary engineering report which involves storm sewer trunk construction and levying all trunk assessments over the unassessed por- tions of the property. Other improvements will be installed privately. The developer has requested that the pond in Phase 2 not be constructed at this time because he does not yet have title to that property. An interim ditch would be used to carry water to the eastern pond until it is constructed. The project cost would be reduced to approximately $115,000 by only constructing the eastern pond and trunks. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 8:21 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 104 ordering Project 85-222, trunk improvements for Carrollton Estates. Ayes - 4 - Nays - 0. RES. 1985-104 ORDER PROJ. 85-222 RES. 1985-105 PREPARE PLANS PROJ. 85-222 RES. 1985-106 CARROLLTON NEG. E.I.S. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 105 directing the Engineer to prepare plans and specifications for the first phase of Project 85-222, Carrollton Estates Trunk Improvements. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 106 finding that a Negative Declaration on the need for an Environmental Impact Statement be made for the development known as "Carrollton Estates" and making copies of this find- ing available as required. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1985 Page 3 Mr. Asleson said the Planned Development Zoning Ordinance and Development Agreement for Carrollton Estates are nearly complete and suggested a special meeting to con- sider them. MOTION: of Molton, seconded by Humphrey, setting a special meeting at SET SPECIAL 8:00 p.m. on June 6, 1985, to consider Carrollton Estates Planned MEETING Development Zoning and a Development Agreement and such other business as may come before the Council. Ayes - 4 - Nays - 0. Terry Schultz was present and said the Jaycees recently voted to donate $1,000 for the purchase of an additional set of bleachers for Hayes Park. He introduced Rodney Aho and Laura Ochs of the Jaycees who presented a check to the Mayor. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 107 accepting and thanking the Apple Valley Jaycees for the dona- tion of $1,000 for the purchase of bleachers at Hayes Park. Ayes - 4 - Nays - 0. RES. 1985-107 A.V. JAYCEES DONATION Mr. Asleson said the agreement with AV Development for Apple Valley Commons is not yet complete and requested a special meeting to consider it. MOTION: of Holton, seconded by Goodwin, setting a special meeting at SET SPECIAL 9:45 p.m. on May 29, 1985, to consider a Development Agreement MEETING with AV Development for the Con, nons project related to Tax In- crement Financing and Property Valuation and such other business as may come before the Council. Ayes - 4 - Nays - 0. Mr. Asleson reviewed Mr. Gretz's memo dated May 16, 1985, concerning a building permit and certificate of occupancy for used car sales at Dick Smith Motors. The remaining question is a request for a variance to the concrete curb requirement which Smith Motors desires permanently on the south and west sides of the parking lot and delayed until June 1, 1986, on the Cedar Avenue side. The Planning Com- mission recommended a temporary variance on the entire curb until September 16, 1985. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a build- ing permit for Dick Smith Motors on Lots 6 and 7, Block 6, Valley Commercial Park 2nd Addition, and a temporary variance to the parking lot concrete curb requirement, as recommended by the Planning Commission, with installation to be completed by Septem- ber 16, 1985, and issuance of an occupancy certificate contingent upon,such installation. SMITH MOTORS BLDG. PERMIT & VARIANCE MOTION: of Humphrey, seconded by Goodwin, amending the above motion by extending the temporary variance for all concrete curb to be in- stalled by June 1, 1986. Councilmember Humphrey said he would like to review any erosion problems next spring and further consider the need for concrete curb on the south and west sides of the parking lot at that time. The Council discussed this and agreed the review would only be made if Smith Motors applied for a permanent variance to the concrete curb requirement on the south and west sides of the parking lot prior to June 1, 1986. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1985 Page 4 Vote was taken on the amendment. Ayes - 3 - Nays - 1 (Holton). Vote was taken on the motion as amended. Ayes - 3 - Nays - 1 (Holton). Keith Gordon reviewed John Gretz's memo dated May 16, 1985, concerning an EXCAVATION excavation permit in Hunters Wood. Fill would be excavated from three PERMIT very high lots and deposited five low lots. He has reviewed the grading HUNTERS WOOD plans and sees no drainage problem, however, there is a potential for disagreement with the owner of the lot next to Lot 9,.BI0ck 2, Hunters Wood. The lot has a steep driveway and the excavation would remove vegetation and be close to the driveway. Mr. Herrmann, the petitioner, will construct a retaining wall, preserve three of the largest oak trees near the lot line and slope the excavation to prevent erosion. Mr. Asleson asked if the adjacent lot owner had been contacted? Mr. Herrmann said no and the grading plan shows either a retaining wall or slopes and he intends to preserve trees along the lot line. Mayor Branning asked what the Council's consideration should be when a plat was approved with a grading plan and a request to change that plan is made? Mr. Sheldon said the doctrine of "lateral support" requires adjoining property to provide lateral support and the Council could not allow such extensive changes as to allow the lat- eral support to erode. Mr. Herrmann said the lots are unbuildable as they are and without the approximately 11,000 yards of fill from Lot 9, there would not be enough fill for the low lots. Hauling fill from another area would increase the cost of the lots enough to make them undesirable. Mr. Asleson suggested excavation on Lot 9 proceed only after consultation with the neighboring lot owner. Mr. Sheldon reminded the Council that the objection of a neighbor cannot be the sole basis for approving or denying a request. Councilmember Holton asked Mr. Herrmann if it might be possible to compromise on the amount of fill to be removed from Lot 9? Mr. Herrmann said he would have to discuss it with Derrick Land Company. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of an excavation permit for removing fill on Lots 6 and 7, Block 2, Hunters Wood 2nd, and depositing fill on Lots 2 and 4, Block 2, Hunters Wood 3rd, and Lot i, Block 2, Hunters Wood, as re- commended by the City Engineer and tabling consideration on Lot 9, Block 2, and Lots 4 and 6, Block 1, Hunters Wood until June 6, 1985. Ayes - 4 - Nays - 0. PARTIAL EXCA- VATION PERMIT HUNTERS WOOD RES. 1985-108 PLANS & BIDS PROJ. 85-220 MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1985- 108 approving plans and specifications for Project 85-220, Scottsbriar Improvements, and authorizing advertisement for bids to be received at 2:00 p.m. on June 25, 1985. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1985 Page 5 Mr. Asleson reviewed Rick Kelley's memo dated May 23, 1985, concerning H.R.A. 462C a fee on 462C mortgage revenue bonds to be used for a housing budget BOND FEE fund. The Dakota County HRA already charges such a fee on bonds issued through it and Apple Valley is being requested to do so also. Lakeville and West St. Paul have already adopted the program. The fee of 1/8 of one percent of the princi- pal would be retroactive to those projects approved by the City but not yet closed. Mark Ulfers, of the HRA, was present and reviewed the proposal. The funds collected from a City would be used in that City to provide construction assistance to pro- jects which provide housing for low and moderate income households. Due to reduction of Federal programs, it is becoming necessary to try to raise funds lo- cally to assist such projects. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 109 authorizing collection of a fee in connection with any hous- ing development project under Chapter 462C in an amount equal to 1/8 of one percent of the principal to be used to finance such future housing-related developments within the City as may be agreed upon between the City and Dakota County HRA subject to any laws or restrictions. RES. 1985-109 ESTABLISH FEE ON 462C BOND FINANCING The Council discussed the actual dollar amounts the fees would generate. Mr. Ulfers said the resolution should be clarified; the intent is 1/8 of one percent annually on any unpaid principal. The Council agreed to this language clarification. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, authorizing the purchase of a Canon NP-7550 copier from International Office Systems based on its low quotation of $11,800 with a maintenance and supply charge of $.013 per copy. Ayes - 4 - Nays - 0. PURCHASE CANON COPIER ORDINANCE 343 AMEND COIN- OPERATED DEVICE REGULATIONS HIRE PARTTIME EMPLOYEES MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 343 amending City Code Chapter 8 by repealing City licensing of food and drink vending machines and revising regulations for coin- operated amusement devices with no change in fees. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring the parttime employees as listed in the three-page memo from the City Admin- istrator dated May 20, 1985. Ayes - 4 - Nays - 0. Mr. Asleson advised the Council that Apple Place and the 4th of July Com- 4TH OF JULY mittee are proposing to hold an outdoor dance at Apple Place on July 3, DANCE 1985. Apple Place would be applying for a temporary on-sale 3.2 beer license to be used for the dance. It has been discussed with the Police Chief and he concurs. The applications would be submitted to the Council June 10, 1985, for consideration. The Council generally agreed the applications should be submitted. MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 42831 through 42892, 42894 through 42907, 42909 through 42939 and 42949 through 43040, in the total amount of $4,938,896.84. Ayes - 4 - Nays - 0. CLAIMS & BILLS CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 1985 Page 6 MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:54 o'clock p.m.