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HomeMy WebLinkAbout07/14/1983CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held July 14, 1983, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Branning, Holton and Humphrey (attended at 8:08 p.m.); Clerk Asleson. ABSENT: Councilmember Savanick. Mayor Overgard 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 Branning, seconded by Holton, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Branning, approving all items on the consent CONSENT AGENDA agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Branning, granting a variance for Lot 1, Block 2, Palomino Lakeside Meadows 3rd Addition, to allow construc- tion to within 20 feet of the front lot line due to ground water conditions as recommended by the Planning Commission. Ayes - 3 - Nays- 0. VARIANCE LOT 1, BLK 2, PAL. LAKESIDE MEADOWS 3RD DIAMOND PATH SCHOOL STORAGE BUILDING RES. 1983-103 CHANGE ORDER HERITAGE HILLS 7TH UTILITIES RES. 1983-95 SPECIAL ASSMT. DIVISIONS AMEND 911 AGREEMENT TRANSIENT MERCHANT LICENSES MOTION: of Holton, seconded by Branning, approving a permit to locate a 900 square foot temporary storage facility at Diamond Path Elemen- tary School subject to approval of the location by the Building Inspector and Fire Marshal as recommended by the Planning Commis- sion. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Branning, adopting Resolution No. 1983-103 approving plans and specifications for Project 83-10, Heritage Hills 7th Addition Utilities, and approving Change Order No. 1 to the contract with Austin P. Keller Construction Co., for Project 83-7 to install the improvements in the amount of $39,119.00. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Branning, adopting Resolution No. 1983-95 .approving special assessment divisions 14986 - Chateau Estates 4th Addition, 14987 - Pilot Knob Estates 1st Addition, 15054 - Section 28 Carrollwood Village 6th property, 15070 - Forest Park Estates 3rd Addition and 15089 - Pennock Place 2nd Addition. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Branning, approving an amendment to the 911 Agreement with Dakota County related to back-up operations for the Sheriff's Office and authorizing the mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Branning, approving transient merchant li- censes for: Minnesota Nuclear Freeze Campaign; Janell Embretson~ Curbside Address Stenciling; Little Dickens; Cindy Shones Trucking; North Star Concessions; Timberdoodle Farms; and Fabian Seafood Company. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1983 Page 2 MOTION: of Holton, seconded by Branning, receiving a report, dated July 8, 1983, from Jon Gurban on access to parks from the Cob- blestone development area. Ayes - 3 - Nays - 0. RECEIVE COBBLE- STONE PARK REPORT HIRE BAIRD POLICE OFFICER MOTION: of Holton, seconded by Branning, approving hiring Douglas Baird as a Police Officer, effective August 6, 1983. Ayes - 3 - Nays MOTION: of Holton, seconded by Branning, approving hiring the parttime HIRE PARTTIME employees listed in the City Administrator's memo, dated July 11, EMPLOYEES 1983. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Branning, approving the minutes of the regular meeting to June 23, 1983, as written. Ayes - 3 - Nays -- 0. JUNE 23, 1983 MINUTES JUNE 30, 1983 MINUTES MOTION: of Holton, seconded by Overgard, approving the minutes of the special meeting of June 30, 1983, as written. Ayes - 2 - Nays - 0 (Branning Abstained). Mayor Overgard asked if anyone was present to address the Council at this AUDIENCE DISCN. time on any item not on this agenda. There was no one present to speak. Mayor Overgard called the public hearing to order at 8:03 p.m. on Pro- PUBLIC HEARING ject 83-15, Hunters Wood 3rd Addition improvemetns, and noted receipt of PROJ. 83-15 the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvements as contained in the preliminary engineering re- port, dated June 14, 1983. The Mayor asked for questions or comments from the audience. There were none and the hearing was continued until Councilmember Humphrey could attend. MOTION: of Branning, seconded by Holton, approving a conditional use CONDL. USE permit for on-sale liquor at 7705 West 147th Street subject to PERMIT LIQUOR restriping the parking lot in conformance with the site plan dated June 29, 1983, as recommended by the Planning Commission. Councilmember Branning asked if allowing parking at the front of the building would be a problem? Mr. Gretz said it would not and a fire lane will be maintained around the back of the building. Vote was taken on the motion. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983- 96 setting a public hearing on the application for an on-sale liquor license of Margaret Nomoto, d/b/a China Doll Restaurant, at 8:00 p.m. on August 11, 1983. Ayes - 3 - Nays - 0. RES. 1983-96 CHINA DOLL LIQUOR HEARING Councilmember Humphrey attended at this time. The public hearing on Project 83-15 was continued at this time. Mayor Overgard asked if there were any questions from the audience or the Council. There were none and the hearing was closed at 8:09 p.m. CITY OF APPLE VALLEY Dakota County Minnesota July 14, 1983 Page 3 MOTION: of Holton, seconded by Branning, adopting Resolution No. 1983-97 RES. 1983-97 ordering the installation of Project 83-15, Hunters Wood 3rd Addi- ORDER PROJECT tion improvements. Ayes - 4 - Nays - 0. 83-15 James 0'Meara, of O'Connor & Hannah, was present to review the proposed Apple Valley Common Bond Fund and Development Program with the Council. Industrial development bonds would be used in a common fund to finance various projects and be secured by all projects using the funds. Increased revenues from the property would go into a common pot and be used to pay all the bonds. The financial guarantees include a primary reserve of one year's debt service paid by each borrower. A secondary reserve is required.in the amount of 10 percent of all bonds outstanding and can be financed by tax increment bonds. The secondary reserve must be funded before any other bonds can be issued. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983-98 RES. 1983-98 directing the Engineer to prepare plans and specifications for in- PROJ. 83-15 stallation of Project 83-155. Ayes 4 Nays 0. PLANS & SPECS COMMON BOND FUND & DEV. PROGRAM Mr. O'Meara also said establishment of the development district does not establish a tax increment district or freeze assessed valuation. The development district only outlines where the common bond fund can be used for financing projects. It would take a separate action to establish a tax increment district and it can be a small area of the develop- ment district or may not even established if there is not a need for it. Councilmember Branning asked how fiscal disparities impacts tax increments? Steve Mattson said he believes cities have the option of including or excluding the districts from fiscal disparities. Mr. O'Meara said he believes this is true and development districts have no effect at all on fiscal disparities. Councilmember Branning asked how administrative costs are covered? Mr. O'Meara said the costs are included in the fees paid by the borrowers to the bond fund. Mr. Asleson commented on the tax increment bonds and said they could be issued basically as colla- teral to fund the secondary reserve for the revenue bonds to be issued. The tax incre- ment bonds could be issued and never spent, but held in reserve. Mayor Overgard called the public hearing to order at 8:38 p.m. on the es- tablishment of a development district within the City and the property to be included. The proposed district includes all commercially and indus- trially zoned property and property designated as such on the land use guide plan of the City. The Mayor asked for questions or comments on the proposed district. PUBLIC HEARING DEVELOPMENT DISTRICT Richard Winkler, representing the Apple Valley Area Economic Development Corporation, spoke in favor of the program and the district. Tom Neiberg said he is also in favor of it but believes the fiscal disparities effect should be investigated further. Mr. O'Meara said he will research this and send a letter to the City. There were no other comments and the Mayor declared the hearing closed at 8:46 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983-99 RES. 1983-99 establishing DeveloPment District No. 1, as shown on Exhibit A, ESTABLISH DEV. and adopting a development program for improvement of the district. DISTRICT 1 Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1983 Page 4 MOTION: of Branning, seconded by Humphrey, adopting Resolution No. 1983- 100 establishing a general reserve fund for any bonds issued under the development program and terms and conditions of the bonds and special accounts within the fund. Ayes - 4 - Nays - O. RES. 1983-100 ESTABLISH GENERAL RESERVE RES. 1983-101 ESTABLISH IDB ACCOUNT RES. 1983-102 BASIC INDENTURE MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1983- 101 establishing the ."IDB Account" as a special account in the general reserve to provide security for certain obligations constituting secured bonds under the general reserve resolu- tions. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Branning adopting Resolution No. 1983- 102 providing for authorization to issue general revenue bonds, covenants on the bonds, fhnds and accounts and other conditions of the bonds. Ayes - 4 - Nays - O. Mr. Asleson also noted that as part of these actions, a Technical Advisory Committee is established to make recommendations on applications for financing projects to the Council. At the July 28, 1983, meeting there will be a recommendation to the Council on the formulation of this committee. MOTION: of Branning, seconded by Holton, passing Ordinance No. 301 re- zoning seven acres in Section 14, part of Meadowlark Glen, from Agricultural to R-lC (One Family Residential) as recommended by the Planning Commission. ORD. NO. 301 REZONE PART OF MEADOWLARK TO R-lC Councilmember Branning asked if the Police amd Fire Departments have reviewed the street layout in the sbudivision? Mr. Gretz said that is part of the preliminary plat process and the rezoning only is being addressed at this time. Vote was taken on the motion. Ayes - 4 - Nays - 0. John Gretz reviewed his memo, dated July 7, 1983, on the Meadowlark Glen MEADOWLARK preliminary plat. The Planning Commission required connection of the GLEN DISCN.~ east-west street through the subdivision to eithsr Pilot Knob Road or Johnny Cake on the final plat. It is recommended that this east-west street be con- structed 36 feet wide. Utilities extension will cost approximately $1,200,000 and finan- cial guarantees will be necessary before a decision can be made on these improvements. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Meadowlark Glen as recommended by the Planning Commission and directing Staff to prepare a subdivision agreement provid- ing adequate financial guarantees for the $1,200,000 public improvements. MEADOWLARK GLEN PRELIM. PLAT Councilmember Holton questioned whether the east-west street should be wider than 36 feet. Mr. Gretz said estimated traffic counts are less than would require a full collector street, but it was believed it should be a little wider than a normal 32-foot residen- tial street. Councilmember Humphrey said he is concerned that traffic from the east side of Pilot Knob Road will use it to get to County Road 38 and maybe it should be a collector street. Councilmember Holton expressed concern about the angle of the street near its intersection with County Road 38. CITY OF APPLE VALLEY Dakota County Minnesota July 14, 1984 Page 5 MOTION: of Holton, seconded by Branning, amending the above motion by re- AMEND EAST- quiring the curve of the east-west street at its intersection with WEST STREET the westernmost cul de sac meet Highway Department design standards CURVE for 40 m.p.h, street design. Ayes - 4 - Nays - 0. Councilmember Branning asked when County Road 38 will he constructed? Mr. Gretz said the section between Cedar and Johnny Cake is scheduled for contract letting by MnDOT in 1984; Burnsville is working on a project, west of County Road 11, for 1984 or 1985; and Rosemount has no plans for extending it eastward for quite some time. It could be 10 years before the section east of Johnny Cake Ridge Road is constructed. Councilmember Branning said he believes the east-west street should be a 44-foot wide collector. Bill Dolan said he is dedicating 12 acres for future County Road 38 and he would not agree to a collector street through this single family subdivision. Council- member Holton asked if there could be parking problems on this street? Mr. Gretz said it should be no different from the Greenleaf subdivisions south of this area. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. The Council received the preliminary engineering report dated July 8, 1983, on Project 83-12, Meadowlark Glen Improvements. John Rodin, 14667 Dunbar Court, was present and gave the Council a letter from his neighbor at 14663 Dunbar Court supporting the request for a variance. MOTION: of Holton, seconded by Humphrey, granting a variance for Lot 9, Block 1, Diamond Path Addition, to allow construction to within 3 feet 9 inches of the east side lot line for a garage addition. VARIANCE LOT 9, BLK. 1, DIAMOND PATH ADDN. Councilmember Branning asked why the Planning Commission did not recommend approval of this variance? Mr. Gretz said the Planning Commission's vote was based on its finding that no hardship existed. Jim Sheldon said this type of minor variance would come under the rule of "de minus"; that is being so insignificant the Council can use its discretion. Lynne Kline, of the Planning Commission, was present and another reason for the decision was Mr. Rodin is not planning to.build the garage for one or two years and any variance issued now would expire in one year if it is not used. Mr. Gretz said some of the con- fusion in this request is Mr. Rodin wants to pour a concrete slab with footings now, but not construct the garage for a couple of years. He does not need a building permit now, but before a building permit for a garage can be issued, he would need a variance. Mr. Asleson said if Mr. Rodin would like to withdraw the request, his money could be refunded. He would have to reapply for a variance when he is ready to construct the garage addition. Mr. Rodin said he would withdraw the variance request at this time. David May was present to describe his request for a variance at 8585 Holland Avenue. MOTION: of Branning, seconded by Holton, granting a variance for Lot 1, Block 4, Forest Park Estates 2nd Addition to allow construction to within 20 feet of the rear lot line as recommended by the Planning Commission. Ayes - 4 - Nays - 0. VARIANCE LOT 1, BLK. 4, FOREST PARK 2nd CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1983 Page 6 Tom Heiberg was present to request an off-site directional sign which has been re- designed and reduced in size from that denied by the Council June 9, 1983. MOTION: of Holton, seconded by Overgard, approving a temporary off-site OFF-SITE directional sign, 13'6" by 16', for Pennock Place, Nottingham DIRECTIONAL and Hamlet Manor, placed 13 feet from the right-of-way of County SIGN Road 42 and Pennock Avenue on the northwest corner of the in- tersection until the north-south segment of Cedar Avenue is opened to traffic to the 1-35E intersection. Councilmember Humphrey said he is concerned about other requests for temporary sign if this is approved and is opposed to it. He understands the reasons for the request, but perhaps it should be referred to the Planning Commission for a meeting with all develop- ers to see how they can be accomodated before taking action. Councilmember Branning said he is basically opposed to these signs, but when a group combines on one sign, it is more favorable. MOTION: of Branning, seconded by Holton, amending the above motion by allowing the sign until December 1, 1983. Ayes - 3 - Nays - 0 (Overgard). EXPIRATION DATE. OF SIGN REDUCE SIZE OF SIGN MOTION: of Humphrey, seconded by Branning, amending the above motion by reducing the size of the sign by one-third of the square foot- age. Ayes - 3 - Nays - 1 (Overgard). Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. Councilmember Humphrey asked that the Council discuss temporary signs at its informal meeting on July 21, 1983. Jim Sheldon reviewed a proposed settlement agreement with Russell and Barbara Hall re- lated to storm sewer pond acquisition and special assessments. MOTION: of Holton, seconded by Humphrey, approving an agreement with Russell and Barbara Hall related to permanent and temporary easements, storm sewer pond acquisition and settlement of a special assessment appeal and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0 (Branning Abstained). HALL SETTLEMENT AGREEMENT ORD. NO. 302 CIGARETTE LIC. REJECT BIDS PROJ~ 81-11 MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 302 a- mending the City Code related to provisions for cigarette li- censing and increasing license fees to $30.00 per year. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, rejecting all bids received July 7, 1983, for Project 81-11, Farquhar Park shelter build- ings and improvments. Ayes - 4 - Nays - 0. Jon Gurban said he will have a recommendation for the Council on an alternate proposal for these improvements at its July 28, 1983 meeting. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1983 Page 7 MOTION: of Branning, seconded by Humphrey, rejecting the available grant REJECT WELLS from Wells Fargo Gamefield as recommended by the Park Director in FARGO GRANT his memo, dated July 8, 1983. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing expenditure of up to $9,000 of park dedication funds for the purchase and installation of fitness equipment as recommended by the Parks Committee. Ayes - 4 - Nays - 0. PURCHASE OF FITNESS EQUIPMENT MOTION: of Branning, seconded by Holton, authorizing the expenditure of HYDRANT AT up to $3,500 for installation of an additional hydrant at the rear NURSING HOME of Apple Valley Health Care Nursing Home as requested by the Fire Marshal. Mr. Asleson said in similar instances, property owners have paid for the installation of hydrants. If the property owner does not wish to pay for it directly, the cost can also be assessed to the property. MOTION: of Branning, seconded by Holton, amending the above motion by in- stalling the hydrant at the expense of the property owner. Ayes - 3 - Nays - 1 (Overgard). HYDRANT COST BY OWNER TABLE HYDRANT TABLE REPORT DUPLEX LOT SUBDIVISIONS TERMINATE YAMAHA MUSIC METRO CABLE PARTY PERMIT MOTION: of Overgard, seconded by Holton, tabling consideration of the above motion until representatives of the Fire Department can be present to discuss it. Ayes - 3 - Nays - t (Branning). MOTION: of Branning, seconded by Humphrey, receiving the report by John Gretz, dated June 28, 1983, related to subdivision of duplex (R-2) lots and tabling disucssion on it until the informal meeting of July 21, 1983. Ayes - 3 - Nays - 1 (Holton). MOTION: of Branning, seconded by Holton, terminating the agreement with Bodines Music Class (Yamaha Music School) initiated in November of 1980. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Rumphrey, issuing a party permit to Metro Cable, Inc., for a company picnic at Alimagnet Park pursuant to Section 14.5(g)(1) of the City Code valid on either July 23 or 24, 1983, Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving hiring Patricia Meyer HIRE MEYER for the position of permanent parttime Dispatcher effective July 25, DISPATCHER 1983, at a salary of $6.923 per hour. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 30983 through 30985 and 33263 through 33391, in the total amount of $1,861,143.65. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:38 o'clock p.m.