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HomeMy WebLinkAbout11/14/1985CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 14th, 1985, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning (attended from 8:25 p.m. to 9:35 p.m.); Councilmembers Goodwin, Holton and Humphrey; City Administrator Asleson and City Clerk Mueller. ABSENT: Councilmember Savanick. Acting 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 Goodwin, seconded by Humphrey, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA CONSENT ATENDA RES. 1985-198 AWARD SNOW REMOVAL & MATERIALS RES. 1985-199 TAKE BIDS CLEANING SERV. RES. 1985-200 TAKE BIDS VEHICLE TOWING MOTION: of Humphrey, seconded by Goodwin, removing consideration of hiring parttime employees to the regular agenda and approving all remaining items on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 198 awarding the contract for 1985-1986 rental of snow removal and grading equipment to Fischer Sand & Aggregate, the low bidder, and the purchase of various road materials to the ven- dors shown in the exhibit. Ayes - 3 -.Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 199 approving specifications for building cleaning services and authorizing advertisement for bids to be received at 2:00 p.m. on December 2, 1985. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 200 approving specifications for vehicle towing and impounding services and authorizing advertisement for bids to be received at 2:00 p.m. on December 2, 1985. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- RES. 1985-201 201 awarding a contract for rubbish removal services at City AWARD CONTRACT facilities for 1986 and 1987 to Knutson Rubbish Service, based RUBBISH SERVICE on its low quotation dated October 31, 1985. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting for Project 85-219, Galaxie Avenue Improvements, in the amount of an additional $32,600.00. Ayes - 3 - Nays - 0. PROJ. 85-219 CHANGE ORDER 1 RES. 1985-202 AUTHORIZE SAFE DEPOSIT BOXES MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 202 authorizing use of safe deposit boxes at the First State Bank of Apple Valley and Connnunity State Bank of Apple Valley for storage of City documents and microfiche records. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1985 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 203 designating snowmobile trails on the east side of Galaxie Avenue, between 145th Street and County Road 42; and the east side of Johnny Cake Ridge Road, between County Road 42 and the Eagan boundary; pursuant to City Code Section 19-42(b), until Spring of 1986. Ayes - 3 - Nays - 0. RES. 1985-203 DESIGNATE SNOWMOBILE TRAILS Consideration of various subdivision bond reductions was removed from the agenda. MOTION: of Humphrey, seconded by Goodwin, accepting Project 85-223, Well No. 11, as final and authorizing final payment on the contract with E. H. Renner & Sons in the amount of $6,023.44. Ayes - 3 - Nays - 0. FINAL PAYMENT PROJ. 85-223 OCT. 24, 1985 MINUTES END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of October 24th, 1985, as written. Ayes - 3 - Nays - 0. Acting Mayor Holton asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Harlan Herman, HOME CONST. 13715 Hanover Way, said he would like to discuss construction standards PROBLEMS of his home. The City Building Inspectors have looked at the house. He has also called the builder. Mr. Herman said 16 floor joists need to be repaired and some are on the second floor and would also require sheet rock replacement. The electric lines are not in the area where they should be and have not been moved as the builder was requested to do. He believes the insulation is inade- quate and, in general, the workmanship is poor and repairs have been carelessly made. He has been trying to work with the builder but would like the City's help in getting the matters resolved. Mr. Sheldon said the City doesn't have the authority to deal directly with the builder and Mr. Herman should retain a private lawyer to represent him. There are State requirements as to new home warranties he should look into. The City will cooperate to the extent it is able to provide information and check into possible building code violations. Electrical code violations would have to be handled by the State. The Council received a copy of a letter dated October 9, 1985, from the PIETIG ARENA Minnesota Ice Arena Managers' Association advising that Gary Pietig was MGMT. AWARD selected 1985 Manager of the Year. Mr. Pietig was present and Council- member Humphrey presented an "eagle" print and City pin to him and thanked him for the outstanding job. The Council received a memo from the City Administrator dated November MET. DEV. & 12, 1985, concerning proposed amendments to the Metropolitan Develop- INVESTMENT ment and Investment Framework. John Voss, of Urban Planning & Design, FRAMEWORK was present and reviewed the implications of the proposed amendments UPDATE to the City. The Metropolitan Urban Service Area (MUSA) boundary is drawn through Apple Valley, generally along the boundary of the Central Sewer Trunk, and he reviewed this impact on the City. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1985 Page 3 Mr. Gretz said he believes the Metropolitan Council staff did not take all rele- vant information into consideration, such as, the expansion for the Empire Treat- ment Plat that has already been approved, the temporary lift station for the Central Sewer Trunk, completion of 1-35E, etc. A resolution detailing the City's position will be prepared for:the Council to consider November 26, 1985. It would then be submitted to :the Metropolitan Council at the public meeting on December 5, 1985. (Mayor Branning attended during this time.) Mayor Branning called the public hearing to order at 8:30 p.m. on Project PUBLIC HEARING 85-226, The Oaks of Apple Valley III Improvements, and noted receipt of PROJ. 85-226 the affidavit of publication of the hearing notice. Mr. Gordon reviewed OAKS OF A.V. III the preliminary engineering report dated September 19, 1985. It is ex- pected the project would be done in two phases. A lift station and trunks will be sized to accommodate adjacent property but only the propsrty in the Oaks III will be assessed in 1986. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:33 p.m. MOTION: of Holton, seconded by Goodwin, adopting ordering installation of Project 85-226, III Improvements. Ayes - 4 - Nays - 0. Resolution No. 1985-204 The Oaks of Apple Valley RES 1985-204 ORDER PROJ. 85-226 RES. 1985-205 PLANS & SPECS. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985-205 directing the Engineer to prepare plans and specifications for Project 85-226. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 8:34 p.m. on the PUBLIC HEARING application by Whitney Pines, a partnership, for up to $2,185,000 of WHITNEY PINES Chapter 462C financing for a 72-unit apartment project. He noted receipt FINANCING of the affidavit of publication of the hearing notice. The project was given preliminary approval in December of 1984, but this hearing is required because the name of the partnership has been changed to Whitney Pines. Norman Bjornesw the developer, was present to answer questions. Mr. Asleson noted this will be the first 462C project other than the health care facility to complete the financing. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:35 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 206 providing for the issuance and sale of $2,185,000 multifamily housing revenue bonds, as authorized by Chapter 462C, on behalf of Whitney Pines, subject to final review of the documents by the City Attorney, and authorizing execution of the same. Ayes - 4 - Nays - 0. RES. 1985-206 WHITNEY PINES FINANCING FINAL APPROVAL Rick Kelley reviewed his memo dated November 14, 1985, concerning Menard's Develop- ment with the Council. He showed a map containing the proposed modifications to the Comprehensive Plan in Section 34 which are a shifting of uses within the $outhport area and not changes in the number of acres. The Metropolitan Council has notified the City of its approval of the amendment and the recommendations of the Planning Commission can now be acted on by the City Council. The site of the Menard's plat is approximately 10 acres on the east side of Cedar Avenue at 155th Street. Right turn in/right turn out access to Cedar Avenue is being requested. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1985 Page 4 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 207 amending the Land Use Guide Plan Map of the City's Compre- hensive Plan in Section 34 as recommended by the Planning Commission and approved by the Metropolitan Council on October 31, 1985. Ayes - 4 - Nays - 0. RES. 1985-207 AMEND LAND USE GUIDE PLAN MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 351 ORDINANCE 351 amending City Code Article Ag, Planned Development Designation AMEND P.D. 244 No. 244 related to permitted uses and district boundaries for ART. A9 ZONING Menard's and other uses in Zones 2, 3 and 4 of the Southport area, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat for Menard's (Southport 4th Addition) subject to the final plat including dedication of half rights-of-way for Cedar Avenue and 155th Street, an easement dedicating the half right-of-way for 155th Street lying outside the plat, and an option agreement for full dedication of the right-of-way for Garrett Avenue lying outside the plat as recommended by the Planning Commission and directing Staff to prepare a develop- ment agreement. Ayes - 4 - Nays - 0. MENARD'S PRELIM. PLAT - SOUTHPORT 4TH ADDITION MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a MENARD'S BLDG. building permit for Menard's in part of the Northwest Quarter PERMIT of Section 34 subject to compliance with 25-foot setback re- quirement from the east property line, with occupancy subject to filing the final plat, as recommended by the Planning Commission, said approval includes items shown on the site plan. Councilmember Humphrey asked if this permit authorization includes a permit for the fence? Mr. Kelley said yes and reviewed the eight-foot high fencing as shown on the site plan. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 208 approving a temporary waiver of platting for Menard's (Southport 4th) allowing a metes and bounds property descrip- tion to be filed at Dakota County until the final plat is completed. Ayes - 4 - Nays - 0. RES. 1985-208 MENARD~S TEMP. PLAT WAIVER RES. 1985-209 RIGHT TURN ACCESS TO CEDAR AVE. RES. 1985-210 MENAND'S CONDITIONAL USE PERMIT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 209 requesting Dakota County to approve right turn only access to Cedar Avenue, on the east side, at the centerline of future 155th Street, said access to be constructed to public street design standards. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 210 issuing a conditional use permit to Menard's for outdoor display and sales beneath the canopy on the west side of the building; said permit to run for a 10-year period, renewable on request, as recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1985 Page 5 MOTION: of Humphrey, seconded by Hottdn, amending the foregoing motion AMEND PERMIT by changing the term of the conditional use permit to five years. TERM Councilmember Holton asked what would be allowed in the outdoor display and sales? Mr. Kelley said the permit does not specify items, but states items must be under the canopy and the displays cannot extend into other areas or the parking lot. Vote was taken on the amendment. Ayes - 4 - Nays - 0. Vote was taken on the motion as emended. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, recommending that plans for any 153RD STREET future construction of 153rd Street be on an alignment which in- ALIGNMENT tersects with Galaxie Avenue at a point at least 350 feet north of the current alignment as recommended by the Planning Commission. Richard Winkler asked where this alignment would be? Mr. Kelley showed the loca- tion and said this would allow the area designated number 6 on the attachment labeled "8 of 8" to be either commercial or multiple residential. Mr. Winkler said his engineer is working on a plan for lots in the area and would like this tabled until the plan is complete. Mayor Branning said this would give an indication of the alignment and could be emended if the plan is substantially different. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 211 receiving the preliminary engineering report on Project 86-244, 155th Street, East of Cedar, Improvements, and setting a public hearing on it at 8:00 p.m. on December 12, 1985. Ayes - 4 - Nays - 0. RES. 1985-211 SET HEARING PROJ. 86-244 Mr. Gretz said part of the hearing on December 12th will address right-of-way for 155th Street. The adjacent property owner has agreed to dedicate it, but will be requesting a three-year deferrment on special assessments. Mr. Asleson said inquiries as to the liquidated damages clause of the GREENLEAF PARK Fischer Agreement related to Greenleaf Park have been received. The FISCHER AGRMT. Council received his memo dated November 1, 1985, describing the events involved in the Agreement. Mayor Branning spoke with Mr. Fischer on November 7, 1985, and the Council received a copy of a letter dated November 8, 1985, confirming the conversation. The objective of the Agreement is to have the park graded and landscaped and Fischer has been working toward this. A letter dated November 14, 1985, was received from Mr. Fischer today stating that, "Due to the uncertainty of the weather, I think it is to each of our mutual interest to delay finishing the Park area until Spring." MOTION: of Holton, seconded by Humphrey, waiving consideration of liqui- dated damages as they apply to 1985 and described in paragraph 4 of the July 11, 1985, Agreement with Fischer Sand & Aggregate, with the understanding that Fischer will proceed to complete the work when weather permits in the Spring; and in no way is this to be considered waiver of any damages that might be applicable to 1986. WAIVE 1985 LIQUIDATED DAMAGES CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1985 Page 6 Mr. Sheldon said this is a common sense approach to the problem. Though. there:is an Agreement, the facts have changed continuously as the work has proceeded. If the work is not completed reasonably in the Spring, the City could commence a law- suit and a judge would determine the damages entitled to the City. Councilmember Humphrey said the remaining work is fairly well defined and perhaps the City should ask for a bond or letter of credit to guarantee completion of the work in the Spring as a substitute for the liquidated damages. Mr. Sheldon said this would be a change in the Agreement and Fischer would have to agree to the change. The contract could be renegotiated if that is what the Council wants. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Gretz distributed copies of an application for excavation permit dated November 14, 1985, from Douglas and Vickie Miller at 13594 Fordham Avenue. The work will be done only on their property and the grades at both boundary fencelines and the park will be unaltered and conform to the City's grading plan for the park. MILLER EXCAVATION APPROVE EXCA- VATION PERMIT MOTION: of Holton, seconded by Goodwin, approving issuance of an exca- vat'ion permit for Douglas and Vickie Miller at 13594 Fordham Avenue, as shown in their application dated November 14, 1985, subject to 24-hour notice to the City before the work begins so on-site inspection can be provided. Councilmember Goodwin asked how the City can verify that the plan will be adhered to and no park grades will be changed? Mr. Gretz said the City will have to inspect and monitor the work. Vote was taken on the motion. Ayes - 4 - Nays - 0. (Mayor Branning left the me'ting at this time.) The Council received Mr. Gretz's memo dated November 4, 1985, concerning bids for the Equipment Storage Facility. Mr. Asleson said even though the bids were higher than estimated, the building can be financed. He will have details on the fin- ancing at the Council's December 12, 1985, meeting. David Kroos, of Boarman Architects, was present and said he believes the electrical costs can be lowered by change order and the excavation work will be less costly because it is on a unit price and some work can be done by City employees. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 212 awarding the contract for the Equipment Storage Facility to Balco Building Systems, Inc., the low bidder with a base bid of $241,400 and Alternate 1 of $22,500 and Alternate 2 of $18,500, for a total of $282,400. Ayes - 3 - Nays - 0. RES. 1985-212 AWARD CONTRACT EQUIP. STORAGE FACILITY Mr. Asleson reviewed the purpose of the funds requested for supporting tax incre- ment financing as detailed in a letter dated October 31, 1985, from the League of Minnesota Cities and NAHRO. MOTION: of Goodwin, seconded by Humphrey, authorizing the expenditure FUND NAHRO/ of $635 as Apple Valley's share of a joint effort with the LMC LOBBYING League of Minnesota Cities and NAHRO related to support for tax increment financing. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, }985 Page 7 Mr. Asleson meviewed his memo dated November 8, 1985, concerning City holidays. Martin Luther King's Birthday has been added as a mandatory state holiday be- ginning in 1986 making 10 state mandated holidays. The City now observes 11 holi- days, as do the majority of other cities. He would like an indication of the Council's intent for 1986. MOTION: of Goodwin, seconded by Humphrey, directing City Staff to pre- pare an ordinance for Council consideration, amending the City Code by adding King's birthday as a holiday and deleting what is now holiday (5) in Sec. 16-18(a) of the City Code which change would affect only the City's non-union employees. Further, and with the understanding that the number of paid holidays is bar- gainable within a labor agreement, Council hereby expresses its strong preference that the labor agreements for 1986 for its public works and police unions, when presented for approval, include not more than 11 paid holidays. Ayes - 3 - Nays - 0. HOLIDAY POLICY 11 HOLIDAYS WITH KING'S BIRTHDAY MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 213 awarding the contract for Project 84-23, Cedar Knolls Pond Outlet, to Arcon Construction, the low bidder, in the amount of $181,167.10 subject to Mn/DOT approval of the necessary permit for the work. Ayes - 3 - Nays - 0. RES. 1985-213 AWARD CONTRACT PROJ. 84-23 RES. 1985-214 SET LIQUOR LICENSE RENEWAL HEARINGS RES. 1985-215 LIGHTS ON FOR PEACE SET SPECIAL MEETINGS HIRE PARTTIME EMPLOYEES TEMP. BUILDING A.V. HIGH SCHOOL MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 214 setting a public hearing at 8:00 p.m. on December 12, 1985, on applications for 1986 on-sale liquor license renewals of: Apple Bowl, Inc., d/b/a Benji's Apple Valley Bowl; Cedar Valley, Inc., d/b/a Greenstreets; Shonrik Development, Inc., d/b/a R. Berry's; and Apple Valley American Legion Post 1776. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 215 inviting citizens to light porchlights, candles or other lights from dusk to dawn on November 19 and 20, 1985, to openly express their desire for world peace during the summit conference. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, setting a special meeting at 8:00 p.m. on December 19, 1985, for insurance matters and can- celing the regular meeting of December 26, 1985, and rescheduling it at 8:00 p.m. on December 30, 1985. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the parttime employees as listed in the City Administrator's memo dated November 8,1985, with the substitution of Lloyd M. Rivers for Dieter Ebeling and adding Thomas Duda as a Liquor Clerk. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit for an additional portable classroom at Apple Valley High School as recommended by the Planning Commission. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1985 Page 8 MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 45597 through 45656, 45665 through 45781 and 45791 through 45912, in the total amount of $7,909,340.71. Ayes - 3 - Nays - O. CLAIMS & BILLS MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 10:03 o'clock p.m.