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HomeMy WebLinkAbout05/18/1989CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 18th, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, Associate Planner Hickok, Park & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Planning Intern Plummet, Police Chief Rivers and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:10 pom. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Holton, approving the agenda for tonightfs meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA APR. 27 & MAY 4, 1989 MINUTES MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meetings of April 27th and May 4th, 1989, and the Board of Review meeting of May 4th, 1989, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Wally Shaver, LAC LAVON 15764 Highview Drive, said he represents residents of the Lac Lavon WEED PROBLEM area who are concerned with the Eurasian Water Milfoil weed growing in the lake. Lac Lavon is one of seven lakes in the state with the problem. The weed grows quickly and congests the water area making it unusable and choking off fish life. They have contacted the DNR, which is aware of the problem, but does not have funding to solve it. The DNR suggested a combination of treating the shoreline with herbicide and using harvesting equipment to cut the weeds. The cost for this is estimated at $9,000 to $12,000 and the homeowners are prepared to pay half the cost if the Cities of Apple Valley and Burnsville would pay the balance. Mayor Branning asked that this be discussed under staff items at the end of the meeting. Police Chief Rivers said area Police Departments are participating in PROJEGT "Project Lifesaver" in an effort to reduce traffic accidents over the LIFESAVER Memorial Day Weekend. They will be distributing yellow ribbons for motorists to fly on their antennas. He distributed the ribbons and "Lifesaver Pledge" to the Council and audience. MOTION: of Humphrey, seconded by Holton, removing consideration of smoking policy to the regular agenda, adding traffic study on 160th Street to the consent agenda and approving all items on ths consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 2 CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-96 awarding the purchase of an Industrial Tractor with Loader to Carlson's Lake State Equipment, the low bidder, in the amount of $19,980.00, less trade-in of $9,780.00, for a net price of $10,200.00. Ayes - 5 ~ Nays - O. MOTION: of Humphrey, seconded by Holton, accepting Project 88-306, Eagle Ponds Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities, Inc., in the amount of $500.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving Traffic Signal Agreement No. 89-04 with Dakota County for installation of a traffic signal at the intersection of 153rd Street and Cedar Avenue and authorizing the Mayor and Clerk to sign the same. Ayes 5 - Nays - O. MOTION: of Humphrey, seconded by Holton, approving an hourly rate agreement with Cording-Natwick-Hilbsrt Architects for concept design services in Tax Increment Financing District No. 7, Downtown Redevelopment, with the total not to exceed $5,000. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, authorizing reduction of subdivision financial guarantees for Diamond Path 12th Addition from $96,786.00 to $54,602.00 and Emerald Point 3rd Addition from $9,500.00 to zero. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-97 approving the final plat and development agreement for Huntington 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Humphrey, seconded by Holton, granting a variance to allow construction of a fourplex on Lot 6, Block 3, Academy Village, to within 20 feet of the east lot line, 14 feet of the west lot line and 38 feet of Garden View Drive, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Humphrey, seconded by Holton, authorizing gambling license exemptions, by the Minnesota Charitable Gambling Control Board, for raffles by Sons of American Legion Post 1776 on July 4, 1989, and Grande Du Minnesota, Forty et Eight on July 16, 1989, and waiving the 30-day waiting period. Ayes - 5 - Nays - O. RES. 1989-96 PURCHASE TRACTOR & LOADER FINAL PAYMENT PROJ. 88-306 153RD & CEDAR TRAFFIC SIGNAL AGREEMENT TIF DIST NO. 7 ARCHITECTURAL DESIGN SERVICES SUBDIVISION BOND REDUCTIONS RES. 1989-97 HUNTINGTON 4TH FINAL PLAT SETBACK VARIANCE LOT 6, BLOCK 3 ACADEMY VILLAGE GAMBLING LICENSE EXEMPTIONS FOR RAFFLES CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 3 MOTION: of Humphrey, seconded by Holton, issuing a party permit to Joan Murphy, 13775 Hanover Way, Apple Valley, for a picnic at Alimagnet Park pursuant to Section 14.5-3(g)(1) of the City Code valid on August 27, 1989. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Holton, granting a permit to Apple Valley Parks & Recreation Department and Twin Cities Airedale Terrier Club to allow overnight parking on June 8, 1989, at Hayes Park, in the northwest parking lot of Hayes Park, limited to not more than 12 recreational vehicles. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving permit for a dance, jointly sponsored by the City of Apple Valley and Valley Athletic Association, on June 3, 1989, at Apple Valley Community Center, subject to one off-duty Police Officer being hired for the event. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving a 1989 off-sale 3.2 beer license for Kwik Trip, Inc., at 220 County Road 42. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving 1989 refuse collection licenses for Knutson Rubbish Service, Lakeville Sanitary Service, Quality Waste Control, Woodlake Sanitary Service, Buckingham Disposal, Dick's Sanitation Service, Valley Sanitation and Waste Management. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated May 18, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-98 authorizing the City Attorney to proceed with condemnation to acquire a sanitary sewer easement west of Pilot Knob Road, Petter property, necessary for Project 88- 298, the Huntington Development. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989~99 requesting the Dakota County Highway Department to request a traffic and speed limit study by the Minnesota Department of Transportation on County Road 46 (160th Street). Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 100 amending Resolution No. 1988-16 clarifying smoking regu- lations for City facilities to comply with current practice and permitting smoking in the Council Chambers except during official meetings. Ayes - 4 - Nays - 0 (Humphrey Abstained). MURPHY ALIMAGNET PARTY PERMIT OVERNIGHT PARKING HAYES PARK DANCE PERMIT CITY/VAA KWIK TRIP BEER LICENSE 1989 REFUSE COLLECTION LICENSES HIRE PARTTIME EMPLOYEES RES. 1989-98 CONDEMNATION PETTER SANITARY SEWER EASEMENT RES. 1989-99 SPEED STUDY CR 46 (160TH ST) RES. 1989-100 SMOKING POLICY CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 4 Ms. Boland reviewed points of the tentative labor agreement with LTD INSURANCE LELS which the union ratified on May 10, 1989. It is a two-year LELS CONTRACT contract for 1989-90. The contract includes the provision of long term disability (LTD) insurance. Quotes for the insurance wore solicited and, because of the types of job occupations in the City, only two were roceived. The companies will not provide this insurance for police officers without covering all fulltime City employees. Mark Flaten, the Gityts insurance consultant, was present to answer questions. Mayor Branning asked whother other cities provido this benefit? Ms. Boland said about 20 cities in the metro area provide it including Burnsville and Eagan. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-101 approving a contract with Mutual Benefit Life for long term disability insurance, for all fulltime City employees, effective on or about June 1, 1989, at a monthly cost of $1,734.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1989-101 MUTUAL BENEFIT LTD INSURANCE LELS POLICE LABOR AGREEMENT MOTION: of Humphrey, seconded by Holton, approving a Labor Agreement with Law Enforcement Labor Services, Inc., Local No. 71, for a two-year period beginning January 1, 1989, as ratified by the Union on May 10, 1989, and authorizing execution by City officials. Ayes - 5 - Nays - O. Mayor Branning called the public hearing to order at 8:44 p.m. on PUBLIC HEARING amendment of Development Districts No. 1 and 2 and establishment TIF DISTRICTS of Tax Increment Financing Districts No. 8 and 9 and noted receipt of & DEVELOPMENT the affidavit of publication of the hearing notice. Mr. Melena PROGRAMS said the purpose of the amendment is to make the boundaries of Devel- opment Districts 1 and 2 coincide and integrate their development programs. These Development Districts are the overall large area within which the Tax Increment Financing Districts are contained. New Tax Increment Financing District No. 8 is Apple Valley Medical Clinic which proposes a 17,000 square foot expansion with a $2,200,000 construction value. They are requesting $576,000 in assistance. A ten-year district would be established and the TIF would be "pay as you go" and not require bonding. New Tax Increment Financing District No. 9 is the Ryan Shopping Center Project which proposes 300,000 square feet of new construction valued at $12,000,000. Approximately $2,500,000 will be used to finance roads, utilities, landscaping and lighting. This will be a ten-year district and special assessment or G.O. tax increment bonds will be used because of the need for funds to finance the improvements. Mr. Melena noted that neither of these projects would be using the financing for land acquisition. Bill McHale, of Ryan Construction, was present and reviewed some of the aspects of the shopping center site at the southeast corner of County Road 42 and Cedar Avenue. Mayor Branning asked for comments from the audience. There were none and the hearing was declared closed at 8:53 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 5 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-102 approving consolidation of Development Districts No. 1 and 2 and establisliment of Tax Increment Financing Districts No. 8 and 9 and approving the development plans therefor. Ayes - 5 - Nays - 0. RES. 1989-102 AMEND DEV. DIST. ESTABLISH TIF DIST. 8 & 9 Mr. Melena reviewed a request for tax increment financing from Wirsbo WIRSBO TIF Company as described in the Community Development Director's memo REOUEST dated May 16, 1989. This is a manufacturing operation which will employ at least 75 people by completion of the third phase of development. It is an exception from policy in that it includes land write-down. However, it is an industrial project, not a speculative development, and would be "pay as you go". MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-103 setting a public hearing at 8:00 p.m. on June 22, 1989, to consider establishment of Tax Increment Financing District No. 10 (Wirsbo Company) and Development Plan. RES. 1989-103 SET HEARING WIRSBO TIF Tim Keane, of Larkin Hoffman, representing Wirsbo, reviewed the background of the Swedish company which manufactures in the floor heating systems and distributed information about its products. Tomas Lehman, President of U.S. Operations, and Ed Schultz, Manufacturing Project Manager, were also present. Mr. Lehman expressed their desire to proceed with construction of a new facility in Apple Valley. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, recognizing an exception to policy in the use of tax increment financing for land write down costs for the proposed Wirsbo Company because it is an industrial project, requires no bonded risk on the part of the City and is not an office or retail speculative venture. Ayes - 5 - Nays - 0. WIRSBO TIF POLICY EXCEPTION RES. 1989-104 FINAL PAYMENT AVIP TIF PROJ. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-104 authorizing issuance of a certificate of completion and final payment of $117,621.00 in tax increment financing obligations to'the AVlP Apple Valley Business Center project. Ayes - 5 - Nays - 0. Ralph Linvill, of AVIP, gave a letter to the Mayor confirming completion of the project. He said Phase 1 is 90 percent occupied and Phase 2 is over 30 percent occupied and thanked the City for its assistance. Mr. Kelley reviewed his memo dated May 18, 1989, concerning an Envi- RYAN CONST./ ronmental Assessment Worksheet for the Ryan Construction (Southport SOUTHPORT EAW Centre) shopping center project. Information is still being assembled and must be submitted to the Environmental Quality Board which then has a 30-day review period. In other projects, the complete Worksheet has had Council approval prior to submission; however, that is not a requirement. In order to allow this review period to begin, he requested that the Council authorize staff to submit the worksheet. CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 6 MOTION: of Holton, seconded by Goodwin, authorizing City Staff to submit the Environmental Assessment Worksheet for Ryan Cons- truction (Southport Centre) shopping center project to the Minnesota Environmental Quality Board. Ayes - 5 - Nays - 0. SUBMIT RYAN EAW TO EOB MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-105 granting a conditional use permit for the Dakota County Western Service Center to allow a building in excess of 40 feet in height in an institutional zone, subject to a minimum building setback of 100 feet from any property line for the portion of the building in excess of 40 feet, as recommended by the Planning Commission. Ayes - 5 -Nays- 0. RES. 1989-105 CONDL. USE PEP. MT GOVERNMENT CTR. GOVERNMENT GTR. BUILDING PERMIT MOTION: of Humphrey, seconded by Holton, authorizing issuance of a building permit for the Dakota County Western Service Center, at the northwest corner of County Road 42 and Galaxie Avenue, subject to the conditions as recommended by the Planning Commission. Councilmember Savanick expressed concern that additional lighting may be needed along County Road 42 to accommodate pedestrian traffic to the library. It was also noted that this facility may need more signage than allowed in the City Code. Ken Harrington, of the Dakota County Planning Department, was present and said they are willing to work with the City on incorporating features of the ring route streetscape into the site. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on a preliminary PALOMINO EAST plat and building permit for Palomino East Apartments located west of APARTMENTS Pennock Avenue and north of Palomino Drive. In 1985, approval was given for two 36-unit buildings on the site which was amended to one 72-unit building with a l00-foot setback from the north property line as a condition of applying for 462G financing. Currently two plans have been submitted, referred to as "60' Shift" with a 96-foot setback and "L Shaped" with a 55-foot setback. The Planning Co,mission recommends tho "60' Shift". Charles Habiger, Architect, said detailed grading and site plans were not prepared in 1985 when the 100-foot setback was agreed to. The 60' Shift plan would require an additional $100,000 in grading costs. The use of 462C financing is marginal because this is only a 72-unit building. More natural features of the site would be lost by the grading. A 40-foot setback, allowed by the City Code, would require the least amount of trees to be removed. If they are required to move the building, they would like to apply for tax increment financing to offset the additional grading costs. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat for Palomino East Apartments subject to the north building setback being increased to a minimum of 96 feet and a sidewalk constructed along Pennock Avenue, as recommended by the Planning Commission, and directing preparation of a development agreement. PRELIM. PLAT PALOMINO EAST APARTMENTS CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 7 Councilmember Goodwin asked how this site was addressed as part of the Pennock corridor study? Mr. Kelley said because of the previous approval, a 72-unit building was factored into the study. The zoning and Comprehensive Plan are consistent on this site. Councilmember Humphrey asked if there would be any value in staking the outlines of both site plans? Art Eaton, one of the developers, said this was done in 1985. Carl Watrud, one of the developers, said the reason they agreed to the setback was the 462C financing. The plan now submitted complies with City ordinances. Mr. Welsch said perhaps a variance to the height restriction could be considered which would require less grading. It would not make the building higher, but would not require grading to cover the garage level. Mr. Habiger said the additional cost is not all grading, but is approximately $10,000 for landscaping, $26,000 for foundation and the balance for grading. Mayor Branning said previous discussions related to providing as much distance as possible to separate the building from existing residents. Costs were never discussed. He would like the architect and staff to review this further and consider a variance, if necessary and possibly a change in the parking lot elevation. MOTION: of Branning, seconded by Holton, tabling consideration of Palomino East Apartments for two weeks, until June 1, 1989. Ayes - 5 - Nays - 0. TABLE PALOMINO EAST APTS. CANOPY VARIANCE DICK'S VALLEY MOBIL MOTION: of Goodwin, seconded by Savanick, granting a setback variance to allow construction of an overhead canopy three and one- half feet from the street right-of-way on Lot 2, Block 8, Apple Valley, for Dick's Valley Mobil, subject to light fixture design which confines the illuminated area beneath the canopy and notification of the homeowner to the west for written comments as recommended by the Planning Commission. Councilmember Humphrey asked if new gas pumps will be installed and how the sign ordinance applies? Dick Tuthill, the petitioner, said new pumps will be installed and he is in the process of purchasing the building from Mobil. Mr. Kelley said the variance does not allow additional signage, but the existing building sign can be moved to the canopy. Vote was taken on the motion. Ayes - 5 - Nays - 0. Consideration of Hyland Pointe Shores development was removed from the agenda. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1989-106 1989-106 approving plans and specifications for Project 89- TAKE BIDS 324, 153rd Street Construction for 300 Feet East of Cedar, PROJ. 89-324 and authorizing advertising for bids to be received at 2:00 p.m. on June 16, 1989. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 8 MOTION: of Savanick, seconded by Holton, approving a range advance- ment for the Police Chief for a base annual salary of $58,640 and for the Parks & Recreation Director for a base annual salary of $47,320 both effective May 15, 1989. Ayes - 5 - Nays - 0. POLICE CHIEF & PARK DIRECTOR SALARIES ORDINANCE 442 CODE CHAPTER 16 PERSONNEL MOTION: of Holton, seconded by Savanick, passing Ordinance No. 442 repealing and replacing, in its entirety, Chapter 16 of the City Code related to personnel policies and procedures with the amendments as distributed and dated May 18, 1989. Ayes 5 - Nays - 0. Mr. Hickok reviewed his memo dated May 15, 1989, concerning residen- RESIDENTIAL rial parking restrictions. Councilmember Savanick questioned whether VEHICLE PARKING there would be a conflict with 3:00 to 6:00 a.m. parking restrictions. It was noted there may need to be further modifications if this is implemented. The Council discussed the definition of cars and trucks. Mr. Hickok said another section of the City Code now allows one commercially licensed truck, not over one ton capacity, to be parked. The proposed change would limit a residence to a total of four vehicles or six with a permit. MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 443 adding Section A1-61(d)(4) to the City Code restricting a dwelling unit to npt more than four vehicles (cars or trucks) parked outside or up to six vehicles with a permit, subject to clarification of the definition of vehicles. Ayes - 5 - Nays - 0. ORDINANCE 443 RESTRICT OUTSIDE VEHICLE PARKING Mr. Hickok reviewed his memo dated May 15, 1989, concerning outside K-MART display and sales at K-Mart. Rather than an amendment to their condi- OUTDOOR SALES tional use permit, which was modified in 1988, he would recommend a limited special use permit to allow them to reduce their inventory of garden shop merchandise. MOTION: of Holton, seconded by Goodwin, approving a special use permit for K-Mart allowing outdoor display and sale of garden shop merchandise, in the parking lot area along the building on the 153rd Street side, for a period not to exceed 45 days, subject to no additional requests for outdoor sales in 1989. Ayes - 5 -Nays - 0. K~MART SPECIAL USE PERMIT REPORT ON LAC LAVON WEEDS MOTION: of Savanick, seconded by Goodwin, directing staff to review the request for control of Eurasian Water Milfoil weed in Lac Lavon, including the potential of a joint grant application with the City of Burnsville for a study of the lake, and report back at the next meeting, June 1, 1989. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota May 18, 1989 Page 9 Mr. Melena reminded the Council that the next informal meeting will be MAY 25, 1989 May 25, 1989. He suggested this be a joint meeting with the Planning INFORMAL MEETING Commission and begin at 6:00 p.m. Because there will also be an ALF Ambulance Board meeting that night, the Council concurred they would meet in the lunchroom at City Hall from 6:00 to 7:00 p.m. The first discussion item will be an update on the Zoo Amphitheater proposal which was announced in a press release today. Mr. Melena reminded the Council that County Commissioner Loeding has scheduled a meeting with them to discuss the solid waste update. The meeting is set for May 25, 1989, at 7:30 a.m., at Kady's Restaurant in Rosemount. Commissioner Chapdelaine will also be there. MEETING WITH CO. COMMISSIONER AMMMEETING CLAIMS & BILLS Mr. Melena reminded the Council that the Association of Metropolitan Municipalities annual meeting will be May 31, 1989. MOTION: of Savanick, seconded by Goodwin, to pay the claims and bills, checks numbered 36190, 36192, 68127 through 68137, 68139 through 68278, 68287 through 68298 and 68311 through 68395, in the total amount of $3,361,189.33. Ayes - 5 - Nays MOTION: of Holton, seconded by Savanick, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjoUrned at 11:44 o'clock p.m.