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HomeMy WebLinkAbout10/24/1985CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 24th, 1985, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 8:07 p.m.); City Administrator Asleson and City 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 - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA BOND ISSUE PAYING AGENCY, REGISTRAR & TRANSFER AGENCY AGREEMENTS FAMILY PLUS, GAMBLING LIC. APPLICATION RES. 1985-193 SET HOUSING PLAN & POLICY HEARINGS CHANGE ORDER 1 PROJ. 84-9 RE-ROOFING HIRE PARTTIME EMPLOYEES OCT. 3 & 10, 1985 MINUTES MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving agreements with First Trust Company, Inc., to provide paying agency, registrar and transfer agency services for the City's $1,530,000 G.O. Improve- ment, $520,000 G.O. Equipment and $560,000 G.O. Tax Increment bond issues and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving the application of Family Plus, Inc., for a Class B Gambling License from the Minnesota Charitable Gambling Control Board at Apple Bowl, 14719 Garrett Avenue. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 193 setting public hearings on December 12, 1985, at 8:00 p.m. on the City's proposed Housing Plan and a proposed single family housing program for 1986 and on a Housing Policy Statement of Purpose related to 462C financing. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with The Busse Company for Project 84-9, Re-Roof- ing City Buildings, in the amount of a $895.63 deduction. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring various part- time employees as listed in the memo from the City Administrator dated October 21, 1985. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of October 3rd, 1985, and the regular meeting of October 10th, 1985, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24 1985 Page 2 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. Mr. Asleson said the land use considerations for the proposed Menard's project cannot be acted on by the Council at this time. The Metropoli- tan Council has not completed its review of the Land Use Guide Plan amendments proposed. AUDIENCE DISCN. MENARD'S PROJECT Mayor Branning called the public hearing to order at 8:07 p.m. on the application of Menard, Inc., for $2,900,000 of Industrial Development Bond financing and noted receipt of the affidavit of publication of the hearing notice. Councilmember Savanick attended at this time. Mr. Asleson distributed copies of a letter dated October 22, 1985, from Menard, Inc., stating the economic necessity of obtaining the financing for the project. Mr. Earl Rasmussen, Treasurer of Menard, Inc., was present to answer questions. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:10 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 194 giving preliminary approval to Menard, Inc., for up to $2,900,000 of Industrial Development Bond financing, referring the proposal to the Minnesota Department of Energy and Economic Development for approval and authorizing preparation of neces- sary documents. RES. 1985-194 PRELIMINARY APPROVAL MENARDS IDBS Councilmember Goodwin asked what the schedule is for other actions required for the project? Mr. Asleson said the land use considerations and public improve- ments will be considered at the November 14, 1985, Council meeting. Mr. Gretz said the Metropolitan Council has been asked to consider the land use amendment under its 10-day turn around policy. Part of this project is on property not included in the City's 1994 sewer service district and the Metropolitan Council could require a 90-day review of the amendment. It will notify the City by October 31, 1985, which procedure will be used. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing the City Engineer to prepare a preliminary feasibility report for public improve- ments affecting the Northwest Quarter of Section 34 including the Menard's site. Ayes - 5 - Nays - 0. PREPARE MENARD PRELIM. REPORT Mr. Asleson reviewed his memo dated October 21, 1985, describing the City's 1985 IDB entitlement authority with a remaining unused balance of $1,339,191. He was recommending returning it to the State, however, the City of Bloomington has re- quested use of the authority. David Sellergren, City Attorney for Bloomington, was present to answer questions. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 195 authorizing transfer of Apple Valley's remaining $1,339,191 IDB entitlement authority to the City of Bloomington and appro- ving execution of the documents necessary therefor. Ayes - 5 - Nays - 0. RES. 1985-195 IDB TRANSFER TO BLOOMINGTON CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1985 Page 3 Colin Prochnow and Rod Aho, of the Apple Valley Jaycees, were present and JAYCEES MAP described their project of preparing a City street map for distribution DONATION by advertisers to their customers and City residents. They presented a box of 700 maps to the City for it to distribute and said about 5,000 more are available for distribution. The Mayor and Council thanked them for the donation. Mr. Gretz reviewed his memo dated October 21, 1985, concerning the pre- DOMESTIC DEV. liminary plat requested by Domestic Development at the southwest corner PRELIM. PLAT of 1-35E and Cedar Avenue. The unplatted property west of it is zoned R-lC. He and the City Engineer walked the property to determine if a road connec- tion could be made to Surrey Trail and topographically it would be possible. A small piece of Lot 16, Block 1, Lebanon Hills 1st Addition, would have to be acquired to provide adequate right-of-way. MOTION: of Humphrey, seconded by Goodwin, to remove from the table the RECONSIDER motion of October 10, 1985, to approve the preliminary plat of TABLED MOTION property in the Northeast Quarter of Section 16 as petitioned by Domestic Development. Ayes - 5 - Nays - 0. The Mayor stated the motion of October 10, 1985, to approve the plat with 25 single family lots on a single cul de sac is now before the Council for consideration. Frank Kleckner, of Domestic Development, reviewed the proposal and the original re- quest containing 28' lots. He noted the recently approved Heritage Oaks preliminary plat contained 33 lots on a single cul de sac. He said they want to maintain as many trees as possible on the property to reduce the freeway noise and visibility impact. Councilmember Savanick said the Heritage Oaks property had no alternative access. Councilmember Holton said this property has an alternative of connection to Surrey Trail and it should be pursued. Councilmember Savanick agreed and said it would also avoid landlocking parcels to the west. Councilmember Goodwin said he agrees in concept with alternate access, but as a practical point, Surrey Trail is narrow with trees at the edges of the roadway and was built before curb and gutter were required. Most likely, very few of these lots would use this access. It could be done, but it wouldn't really provide much. Councilmember Holton said, at a minimum, it would provide an alternate access for emergencies. Mr. Kleckner said he disagrees with the feasibility of connecting to Surrey Trail. The uniqueness of the area would be destroyed by connecting a new street to a 22-foot wide street and eliminating the cul de sac. MOTION: of Holton, seconded by Savanick, tabling consideration of this preliminary plat to consider a connection to Surrey Trail. Roll call vote was taken on the motion: Goodwin - Nay, Holton - Aye, Branning - Nay, Savanick - Aye, Humphrey - Nay. Motion Failed. REQUEST TO TABLE AMEND MOTION MOTION: of Savanick, seconded by Hotton, amending the motion by requir- ing the cul de sac be eliminated and the street connect to Surrey Trail. Councilmember Humphrey said the connection would require acquisition of additional right-of-way to complete and adversely affect a 25-year old neighborhood and should not be done. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1985 Page 4 Rita Dirico, of Cimarron Road, commented on the noise level of Cedar Avenue traffic and said she was involved in meetings when noise barriers were requested. The ex- pert opinions on reducing noise indicate as many extra trees as possible should be preserved. Mr. Kleckner said if he is required to connect to Surrey Trail, he would not want to develop the property as proposed. He would require more lots to make it feasible. Chuck Cohn, of Surrey Trail, asked how a connection to Surrey Trail would affect the two properties adjoining the right-of-way and where it would be in relation to the existing driveways? Mayor Branning said he is not sure, but he believes one drive- way and frontyard are on the right-of-way. Ruth Zimmer said her driveway and front- yard are affected and she will not agree to any acquisition of her property for additional right of way When Barth proposed to develop the property 11 years ago, it was said Surrey Trail would not be adequate for extra traffic; what has changed since then? The Mayor said the design of Cedar Avenue was not known then and there was also discussion of the Burnsville Crosstown being extended through the area. Mr. Asleson noted the right-of-way for a street is dedicated to the edge of the plat. If the unplatted property to the west develops, it could take access on it and the property would have to be opened up as a street. Mike Hackett said he is one of the owners of the property proposed to be platted. He now lives on Hidden Meadow Road and when Butte Avenue is closed, it is the long- est cul de sac in the City. He talked to the neighbors when he was buying the property and they are all in agreement with the proposal as shown now. He wants to build his house on one of the lots and the proposed plat will have the least adverse impact on the adjoining neighborhood. Councilmember Holton said he believes it will be a good development either way, but since there is an alternate access available he believes it would be in the best interests of the City to use it. Vote was taken on the amendment. Ayes - 2 (Holton and Savanick) - Nays - 3 (Branning, Goodwin and Humphrey). Amendment Failed. Mr. Asleson said, for the Council to consider a waiver and allow the cul de sac, the draft resolution distributed October 10, 1985, should be completed with the hardship conditions in paragraph 3.B. A recess was declared so the Mayor, City Attorney and Administrator could discuss paragraph 3.B language. The Mayor recon- vened the meeting at 9:25 p.m. Councilmember Savanick had left during the recess and the Council agreed to hold further consideration of the plat until her return. Mr. Gretz reviewed the Planning Commission report dated October 24, 1985, on a proposed mini-storage facility located at the southwest quadrant of the inter- section of County Road 42 and future Foliage Avenue. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat for a one-lot mini-storage facility in Section 34, subject to street dedications abutting the plat as recommended by the Planning Commission, and directing Staff to prepare a develop- ment agreement. MINI-STORAGE PRELIM. PLAT CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1985 Page 5 Peter Hilger, Vice President of Construction for Padlock, was present and described the proposal. Councilmember Savanick returned during this time, 9:35 p.m. Mr. Hilger said all storage will be inside and the property will be surrounded by a chain link fence. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing issuance of a build- ing permit for a mini-storage facility in Section 34 as recom- mended by the Planning Commission, subject to execution of a development agreement for the property before the permit is issued, due to street dedication concerns. Ayes - 5 - Nays - 0. MINI-STORAGE BLDG. PERMIT The Council then continued with consideration of the Domestic Development prelimin- ary plat. Mr. Sheldon reviewed the findings for a waiver allowing the cul de sac to be contained in the resolution. Councilmember Goodwin said his only concern is that this developer has been inconsistent in his approach to property. He stated this property could only be effectively developed with large single family homes, yet he previously proposed development of apartment buildings on property just south of this which would be the entrance to this site. Mayor Branning reviewed the motion before the Council and said it includes the resolution as drafted and now is: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 196 approving the preliminary plat for property in Section 16 with 25 lots on a single cul de sac, as petitioned by Domestic Development, waiving the length restriction on the cul de sac due to hardship conditions and directing Staff to prepare a development agreement. Roll call vote was taken on the motion: Goodwin - Aye, Holton - Nay, Branning - Aye, Savanick - Nay, Humphrey - Aye. Motion Passed. RES. 1985-196 DOMESTIC DEV. PRELIM. PLAT MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 350 amend- ing City Code Section 17-42 by providing for the Dakota County HRA to exercise powers conferred by Minnesota Statutes 462C on behalf of the City provided the City holds public hearings with respect to the housing plan and program. Ayes - 5 - Nays - 0. ORDINANCE 350 HRAPOWERS RELATED TO 462C FINANCING Mr. Asleson said the recommended purchase of computer equipment contained in George Ballenger's memo dated October 22, 1985, is based on the Council's discussion at its October 17, 1985, informal meeting. MOTION: of Holton, seconded by Goodwin, authorizing the purchase of Hew- lett-Packard Vectra personal computers and equipment through LOGIS in the total amount of $57,596 as described in George Ballenger's memo dated October 22, 1985. PURCHASE COMPUTER EQUIP._ Councitmember Humphrey asked What the cost would be to add 20Mb hard disks to the equipment at a later date? Rich Caseltine, of Dodd Technical, said it would be a $50 labor charge and the disk cost of $1,200. It can also be added as a third drive. Mayor Branning asked about compatibility with other disks. Mr. Caseltine said this is added as an internal drive and is preferable to others. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1985 Page 6 Mr. Asleson asked if Dodd Technical would provide the hard disk installation at no charge if added later? Mr. Caseltine said yes it would. Councilmember Humphrey said the two personal computers with hard disks should also have both floppy disks. Mayor Branning said one of the screens should be a color monitor and one touch screen and "mouse" should be added to the package. He asked what software is included? Mr. Caseltine said only PC Paint is included. It was recommended the following software be reviewed: Microsoft Word, Multimate, Wordstar, Lotus 1-2-3 and Framework. The Council agreed to amend the motion to include the hardware suggested. The revised total is $59,195.00. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Asleson said the Dakota County Library Board will be holding a public LIBRARY BOARD informational meeting here at 7:00 p.m. on October 28, 1985, on its FACILITY PLAN Library Facility Plan. The Council reviewed a draft letter commenting MEETING on the Plan, revised some of the language and concurred with submitting it at the meeting. MOTION: of Holton, seconded by Savanick, approving the appraisal for Outlots A and B, Apple Valley East 6th Addition, prepared by Ray Connelly dated October 10, 1985, and authorizing submit- ting an offer of $22,500 to purchase the property from Raymond Tousignant to provide future right-of-way for County Road 9 realignment. Ayes - 5 - Nays - O. PURCHASE OUT- LOTS A & B A.V. EAST 6TH GREENLEAF PARK GRADING REPORT LMC LEGISLATIVE COM. REPORT Mayor Branning asked for a status report on Greenleaf Park grading. Mr. Sheldon said he had talked with Mr. Duffy and Fischer expects to com- plete the grading October 25, 1985. Planting and seeding will remain to be done on the property. Councilmember Goodwin said he attended the Personnel and Public Safety Committee meeting of the League of Minnesota Cities. He sees many is- sues coming up relating to personnel in the legislation and will put a copy of the proposed policies in the Council's reading file. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-197 197 approving an agreement with the State of Minnesota to pro- STATE P.B.T. vide preliminary breath testing instruments, on a loan basis, AGREEMENT for use by the Police Department and authorizing execution of the same. Ayes - 5 - Nays - 0. Mayor Branning said he would like the Council to discuss the position of Community Development/Economic Development Director at its informal meeting on November 7, 1985. Couneilmember Savanick said she would also like information on the amount of developable industrial property in the City available at the meeting including how much is involved in gravel operations. INFORMAL MEET- ING AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1985 Page 7 MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 31096, 45393 through 45397, 45399 through 45470, 45479 through 45538 and 45540 through 45587, in the total amount of $1,611,775.10. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:55 o'clock p.m. CLAIMS & BILLS