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HomeMy WebLinkAbout10/11/1984CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October llth, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Clerk Asleson. 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 Savanick, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Goodwin, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the memo from the City Administrator dated October 5, 1984. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES CHANGE ORDER 2 PROJ. 83-17 CHANGE ORDER 1 PROJ. 83-14 SEPT. 27, 1984 MINUTES SEPT. 28, 1984 MINUTES OCT. 4, 1984 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to contract with Service Enterprise Corp. for Project 83-17 by extending the completion date for removal of the Redwood Water Reservoir to November 1, 1984. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Good,in, approving Change Order No. 1 to the contract with Encon Utilities for Project 83-14, The Oaks of Apple Valley II Improvements, in the amount of $4,853.00 for the FAA radar site sewer and water service. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Savanick, approving the minutes of the regular meeting of September 27th, 1984, as written. Ayes - 3 - Nays - 0 (Holton and Humphrey Abstained). MOTION: of Goodwin, seconded by Savanick, approving the minutes of the special meeting of September 28th, 1984, as written. Ayes - 3 - Nays - 0 (Holton and Humphrey Abstained). MOTION: of Savanick, seconded by Holton, approving the minutes of the special meeting of October 4th, 1984 as corrected. Ayes - 5 - Nays - 0. Mayor Branning asked if anyone 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 8:09 p.m. to consi- PUBLIC HEARING der establishing a tax increment district for the Southport 2nd Addition TAX INCREMENT area and noted receipt of the addidavit of publication of the hearing. DISTRI CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1984 Page 2 notice. The Council received a copy of Dakota County Board Resolution No. 84-564, dated October 9, 1984, expressing concern of the potential need for County expen- ditures to provide traffic signals and intersection reconstruction. No comments were received from Independent School District No. 196. Mr. Asleson said the total amount of financing provided for in the plan is $700,000 and is intended as the upper limit. It is anticipated that the actual bond issue would be $580,000. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:14 p.m. Mr. Gretz distributed revised copies of the development agreement for Southport Second Addition and reviewed it with the Council. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1984- 166 approving the final plat and development agreement for Southport Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1984-166 FINAL PLAT SOUTHPORT 2ND RES. 1984-167 ESTABLISH T.I. DIST. & PLAN MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 167 approving the establishment of Tax Increment Financing District No. 1 and the adoption of a Tax Increment Financing Plan therefor in Development District No. 2 of the City. James O'Meara, of O'Connor & Hannah, was present and reviewed the specifics of the resolution with the Council. He noted this is a redevelopment district and would allow the increment to be taken for up to 25 years. Mr. Asleson asked whether the Council should specify whether "Option A", capturing.all of the increment, or "Option B", capturing part of the increment, is to be used in the plan? Mr. O'Meara said unless Option B is designated by the Council, Option A is in effect. Richard Winkler asked about the time limit for improvements to the property? Mr. 0'Meara said development must occur within four years from the date the district is estab- lished. The City intends to install streets and utilities which will satisfy this requirement. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1984- RES. 1984-168 168 awarding the contract for Project 84-6, Southport Second AWARD CONTRACT Addition Utility and Street Improvements, to Lake Area Utility, PROJ. 84-6 the low bidder, in the amount of $364,390.00. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:28 p.m. to con- PUBLIC HEARING sider vacating part of an easement on Lot 25, Block 2, Palomino Woods EASEMENT and noted receipt of the affidavit of publication of the hearing notice. VACATION Mr. Gretz reviewed the location of the easement and said only part of it is necessary for the City's purposes. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:30 p.m. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 169 approving vacation of part of an easement on Lot 25, Block 2, Palomino Woods and directing the Clerk to file the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. RES. 1984-169 VACATE EASEMT. 25-2, PAL. WOODS CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1984 Page 3 Mayor Branning called the public hearing to order at 8:30 p.m. on Project PUBLIC HEARING 84-24, Improvements for Hunters Wood 4th Addition, and noted receipt of PROJ. 84-24 the affidavit of publication of the hearing notice. Keith Gordon reviewed the preliminary engineering report and noted each of the driveways for the three lots will have driveway turnarounds because they have direct access to Palomino Drive. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:31 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution .No. 1984- 170 ordering installation of public improvements for Hunters Wood 4th Addition, Project 84-24. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 171 authorizing installation of Project 84-24 by a change order and approving Change Order No. 1 to the contract with Spencer Construction for Project 84-14 in the amount of $15,358.00 to complete the work. Ayes - 4 - Nays - 1 (Savanick). RES. 1984-170 ORDER PROJ. 84-24 RES. 1984-171 INSTALL PROJ. 84-24 BY CHANGE ORDER PUBLIC HEARING PROJ. 84-25 RES. 1984-172 FINAL PLAT CHATEAU 5TH Mayor Branning called the public hearing to order at 8:33 p.m. on Project 84-25, Improvements for Chateau Estates 5th Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said the developer has decided to install these improvements privately. The hearing was declared closed at 8:34 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 172~approving the final plat and development agreement for Chateau Estates 5th Addition and authorizing the Mayor and Clerk to sign the same. Councilmember Holton said he believes the alignment of Harwell Path, through the plat, should be straight and not curved as shown. He asked to review the prelimin- ary plat. The Council reviewed this map and Mr. Gretz said this street has already been installed as part of Project 83-14 at the request of the Council. Councilmem- her Holton said he believes it should be corrected because there is no topographic reason for the curve. Mayor Branning said the City has not torn up streets to cor- rect something like this before Jnd would have to be paid for by the developer. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Holton and Savanick). The Council reviewed a draft joint powers agreement with the City of Rochester whereby it would allow Apple Valley to use $1,600,000 of its 1984 industrial devel- opment bonding authority, Mr. Asleson said he believes the funds will be available from Rochester, but if not, it may be necessary to contact another city for funds. Mr. O'Meara said he believes there will be funds available and because of the dead- lines for projects to receive preliminary approvals, there may be funds from the State pool which will not be able to be used. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 173 approving a Joint Powers Agreement with the City of Rochester for up to $1,600,000 of its 1984 industrial development bonding authority and authorizing the Mayor and Clerk to sign the same. RES. 1984-173 JOINT POWERS AGRMT. FOR IDB FINANCING CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1984 Page 4 MOTION: of Holton, seconded by Savanick, amending Resolution No. 1984- 173 by also authorizing the Mayor and Clerk to sign the same Joint Powers Agreement with another city or cities as yet unnamed which might have funds available. AMEND FOR AGREEMENT WITH OTHER CITIES Councilmember Holton asked when the developer would be required to provide a guar- antee? Mr. Asleson said the public hearing is set for October 19, 1984, and if approval is given, the developer will have to furnish it then. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Councilmember Humphrey said he understands a concensus has been reached between the Apple Valley Commons group and Grosz-Brodersen that Grosz-Brodersen will purchase 5.7 acres and construct the building but the details have yet to be finalized. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of Cedar Knolls Commercial, authorizing a building permit for a Tom Thumb Store and approving a conditional use permit for motor fuel sales with occupancy of the building subject to filing the final plat, as recommended by the Planning Commission, and directing Staff to prepare a development agreement. CEDAR KNOLLS/ TOM THUMB PRELIM. PLAT & PERMITS Councilmember Goodwin said he is concerned about driveway access to 127th Street because it appears to be so close to the Cedar Avenue ramp and asked if traffic counts had been taken on 127th Street? Mr. Gretz traffic counts are about 4,000 cars per day now and are projected to increase to 5,000 cars per day by 1990 which is within the limit for a street with direct accesses. MOTION: of Holton, seconded by Savanick, amending the above motion by prohibiting driveway access to 127th Street at this time. AMEND MOTION Councilmember Goodwin asked how far the proposed driveway is from the right turn lane? Bob Fors, representing the developer, said he is not sure but it is 300 feet from the ramp entrance. Mr. Gretz said if no driveway is allowed to 127th Street, the proposed Lot 2 would be landlocked. The alternate driveway access to Germane Avenue is across Lot I. Mayor Branning said he would like Staff to review this further to try and resolve the traffic concerns. Mr. Asleson said the driveway to Germane Avenue could be platted with Lot 2 to insure it remains available. Council- member Holton said he believes the plat needs more review. MOTION: of Humphrey, seconded by Savanick, calling for a vote on the amending motion. Ayes - 5 - Nays - 0. Vote was taken on the amendment. Ayes - 2 (Holton and Savanick) - Nays - 3 (Branning, Goodwin and Humphrey). Amendment Failed. MOTION: of Humphrey, seconded by Branning, calling for a vote on the original motion. Ayes - 0 - Nays - 5. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1984 Page 5 Councilmember Humphrey asked how the Germane Avenue driveway is proposed? Mr. Fors said there would be an easement for a driveway over Lot 1. Mr. Sheldon said the concern would be that this easement could be rescinded by the private parties and the City could not control it. MOTION: of Humphrey, seconded by Holton, tabling this item and referring TABLE MOTION it to Staff for further reivew. Ayes - 5 - Nays - 0. The Council received a copy of a letter dated October 3, 1984, from Mr. Sheldon concerning Apple Bowl, Inc., on-sale liquor license. He said he is satisfied that the ownership question has been clarified and this item is for the Council's information only. APPLE BOWL, INC. LIQUOR LICENSE The Council received copies of special assessment rolls 199 through 203 and Mr. Asleson reviewed them. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1984- 174 approving proposed assessment rolls 199 through 203 and setting a public hearing on them at 8:00 p.m. on October 25, 1984. Ayes - 5 - Nays - 0. RES. 1984-174 SET NEARING ASSMT. ROLLS RES. 1984-175 AWARD CONTRACT PROJ. 83-11 RES. 1984-176 AWARD CONTRACT PROJ. 84-22 CHANGE ORDER 1 PROJ. 84-20 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1984- 175 awarding a contract for Project 83-11, Nordic Woods 5th Ad- dition Improvements, to Richard Knutson, Inc., the low bidder, in the amount of $405,411.40. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- 176 awarding a contract for Project 84-22, Concrete Floor in Public Works Garage Addition, to Healy Construction, the low bidder in the amount of $20,490.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, approving Change Order No. 1 to the contract with Painting Systems for Project 84-20 in the amount of $2,300 for different paint for Fire Station 1 and $750 for a second coat of paint for Liquor Store 2 or a total of $3,050.00. Ayes - 5 - Nays - 0. The Council received a memo dated October 8, 1984, from Mr. Asleson concerning Crystal Lake and proposed settlement of a claim by Burnsville. MOTION: of Holton, seconded by Humphrey, setting a closed meeting under the attorney/client exception to the open meeting law, concerning Crystal Lake legal action at 7:00 p.m. on October 25, 1984. Ayes - 5 - Nays - 0. SET CRYSTAL LAKE CLOSED MEETING RES. 1984-178 ELECTION JUDGES RES. 1984-177 REVIEW P.E.R.A. BOARD MEMBERS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984-178 appointing Judges for the November 6, 1984, General Election in the City. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1984- 177 concerning the composition of the Board of Directors of the Public Employees Retirement Association and asking for legisla- Cive review of the election process. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1984 Page 6 Councilmember Goodwin reviewed the background of this request and a copy of a simi- lar resolution passed by the Minnesota Chiefs of Police Association. The Council agreed to add the paragraph calling for removal of the current interim director and an open process for selection of an Executive Director. Vote was taken on the motion. Ayes - 5 - Nays - 0. Consideration of release of cash escrow related to Apple Valley East was tabled. Councilmember Savanick said she is still accepting articles for the next issue of the "Council Table" newsletter. She said she was including an article asking the public to refrain from leaving items outside the Goodwill boxes in the City; and should an additional box be requested? Mayor Branning said if the problem is not resolved, the boxes may have to be removed from the City. The Council agreed the problem should be publicized before consideration is given to removing the boxes. MOTION: of Savanick, seconded by Goodwin, authorizing placement of a second Goodwill Industries donation box at Fire Station No. 1. Ayes - 5 - Nays - 0. GOODWILL BOX FIRE STN. 1 CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 31072, 39749 through 39798 and 39803 through 39858, in the total amount of $6,311,906.65. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:27 o'clock p.m.