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HomeMy WebLinkAbout06/22/1989CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 22nd, 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: Assistant Administrator Lawell, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Public Works Director Gretz, Park & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers and Community Development Director Welsch. 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 Humphrey, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA JUNE 1, 1989 MINUTES 4TH OF JULY ACTIVITIES RES. 1989-112 PROCLAIM JULY 4 AUDIENCE DISCN. CONSENT AGENDA MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of June 1st, 1989, as written. Ayes - 4 - Nays - 0 (Branning Abstained). Margaret Paton, of the 4th of July Committee, was present and re- viewed the activities planned for this year's 23rd annual 4th of July celebration. It was noted that the fireworks display has been moved to the Eastview Athletic Complex this year. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-112 proclaiming "The 23rd Annual Apple Valley 4th of July Celebration". Ayes - 5 - Nays - 0. 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. MOTION: of Holton, seconded by Humphrey, deleting agreement with William Moorish from the agenda; moving consideration of transit joint powers agreement and sign variance to the regular agenda; and adding hiring two parttime employees to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-113 approving the 1990-1994 Five-Year Capital Improvements Program for the City. Ayes - 5 - Nays - 0. RES. 1989-113 CAPITAL IMP PROG CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Page 2 MOTION: of Holton, seconded by Humphrey, authorizing issuance of a building permit for an addition to Alliance Church, on part of the East Half of Section 27, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, authorizing issuance of building permits for four portable classrooms at Diamond Path Elementary School and one portable classroom at Westview Elementary School as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, granting a frontyard setback variance to allow construction of a house to within 25 feet of the lot line on Lot 12, Block 3, Meadowlark Glen, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-114 approving the final plat of Academy Village 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989~115 approving the final plat and development agreement for Radcliff Townhomes and authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 -Nays ~ 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-116 waiving the public hearing, approving the prelim- inary plat and final plat of Valley Meadows Replat One and authorizing the Mayor and Clerk to sign the same, as recommended by the Planning Commission. Ayes - 5 -Nays - MOTION: of Holton, seconded by Humphrey, approving the Stipulation and Agreement for acquisition of County Road 11 and 140th Street right-of-way from Williams Pipe Line Company and authorizing the Mayor and Clerk to sign the same. Ayes - 5 Nays ~ O. MOTION: of Holton, seconded by Hmnphrey, approving, for recording, a deed transferring part of the Northeast Quarter of Section 34 from the Arthur Fischer Estate to D. W. Investment Company for future Galaxie Avenue. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving, for issuance by Minnesota Liquor Control Commission, of temporary on-sale liquor licenses for the Minnesota Zoo on July 12 and 13 and August 5 and 19, 1989. Ayes ~ 5 - Nays - 0. ALLIANCE CHURCH BUILDING PERMIT PORTABLE ROOMS DIAMOND PATH & WESTVIEW FRONT VARIANCE MEADOWLARK GLEN RES. 1989-114 ACADEMY 2ND FINAL PLAT RES. 1989-115 RADCLIFF T.H. FINAL PLAT RES. 1989-116 VALLEY MEADOWS REPLAT ONE WILLIAMS PIPE CR 11 & 140TH RIGHT-OF WAY GALAXIE DEED FOR RECORDING ZOO TEMPORARY LIQUOR LICENSES CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Page 3 MOTION: of Holton, seconded by Humphrey, approving a temporary on- sale 3.2 beer license for Apple Valley American Legion Post 1776 at Hayes Field on July 4, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, issuing a party permit to U. S. Immigration Service, Fort Snelling, for a picnic at Alimagnet Park pursuant to Section 14.5-3(g)(1) of the City Code valid on August 5, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-117 ordering installation of a stop sign on 128th Street, westbound, at its intersection with Euclid Avenue. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 88-290, Deep Well No. 12 as final and authorizing final payment on the contract with E. H. Renner & Sons, Inc., in the amount of $29,697.87. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for Project 89- 310, Storm Sewer Improvements for Minnesota Zoo. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-118 receiving the preliminary engineering report on Project 89-329, Hyland Pointe Shores Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on July 13, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-119 directing the City Engineer to prepare plans and specifications for Project 89-329, Hyland Pointe Shores, subject to the July 13, 1989, public hearing. Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated June 22, 1989, including James Mielke and Mary McGuire as parttime Liquor Store employees. Ayes 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving contracting with Accountemps for a temporary accountant, at a cost of $11.90 per hour, effective June 26, 1989, until on or about January 8, 1990. Ayes - 5 - Nays - 0. LEGION JULY 4TH BEER LICENSE IMMIGRATION SERV PARTY PERMIT RES. 1989-117 STOP SIGN 128TH & EUCLID FINAL PAYMENT PROJ. 88-290 PREPARE REPORT PROJ. 89-310 RES. 1989-118 SET HEARING PROJ. 89-329 RES. 1989-119 PLANS & SPECS. PROJ. 89-329 HIRE PARTTIME EMPLOYEES ACCOUNTEMPS CONTRACT END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Page 4 MOTION: of Savanick, seconded by Holton, approving a Joint Powers . Agreement establishing a six-city transit authority for the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage to replace Metropolitan Transit Commission services, and authorizing the Mayor and Clerk to sign the same. JOINT POWERS 6-CITY TRANSIT AUTHORITY Councilmember Savanick said it should be emphasized that existing bus service will continue as is. Further changes or improvements to transit service will occur over a period of time with input from citizens. Vote was taken on the motion. Ayes - 5 - Nays ~ 0. Mr. Hickok reviewed the request for sign variances at Apple Valley AV BUSINESS CTR Business Center, as considered by the Planning Commission on June SIGN VARIANCE 21, 1989. The request for a variance on the northern sign (at 146th and Galaxie) has been withdrawn and the sign base will be moved. Approval of the variance for the southern sign is recommended. MOTION: of Humphrey, seconded by Goodwin, granting a setback variance to allow a sign base to be installed to within ten feet of the right-of-way of Galaxie Avenue, in front of "Building C", at Apple Valley Business Center, as recommended by the Planning Commission. SIGN VARIANCE AV BUSINESS CTR Jack Lawrance, of Signcrafters, was present and said the location of the sign bases resulted from a mistake in measuring and was not intentional. However, if the variance for the southern sign is not allowed, the sign base will extend into the parking lot and eliminate one parking space. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:31 p.m. on PUBLIC HEARING establishment of Development District and Tax Increment Financing WIRSBO DEVELOP- District No. 10 for Wirsbo Company and noted receipt of the affidavit MENT & TIF of publication of the hearing notice. Mr. Welsch reviewed the pro- DISTRICT visions of tho plan which will provide $640,000 of assistance to accommodate the first phase of development distributed on a "pay as you go" basis. Modification of the plan for future phases is being requested and a separate hearing will be scheduled on it. Tim Keane, of Larkin Hoffman, representing Wirsbo, said a 64,000 square foot office and light manufacturing facility is proposed in three phases. The second phase will commence in two years. Rick Christensen, of Heise-Reinen-MacRae Architects, reviewed the site plan at Johnny Cake Ridge Road and 148th Street. The building will be constructed of precast concrete with glass on the office area. Tomas Lehman, President of Wirsbo, and Ed Schultz, Project Manager, were also present to answer questions. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Page 5 Mr. Keane expressed concern about construction timing and asked if modifications to the district could be considered by the Council July 27, 1989. Mr. Lawell said the platting and building permit authorizations scheduled for action tonight would allow Wirsbo to proceed with construction. Any proposed modifications would affect phases two and three. Mayor Branning asked the City Attorney for clarification on whether a development agreement could be approved subject to modifications of the tax increment district? The Council recessed at 8:55 p.m. to allow the Attorney to review the matter and reconvened at 9:05 p.m. Mr. Sheldon said the Council could proceed with establishing the district tonight and authorizing the plat and building permit. If the details can be completed, the development agreement can be approved July 13, 1989. If the necessary documenta- tion is completed, modifications to the tax increment financing district could be considered July 27, 1989, or August 10, 1989. Councilmember Humphrey asked how much of the building will be office space and how many people will be employed? Mr. Christensen said the office area will be 19,800 square feet on two levels. It was proposed with 21,000 square feet, but the size was amended yesterday. Mr. Lenman said about 15 people will be employed in the office. They will hire 20 to 22 people for production in April and add 10 to 15 when the manufacturing area is fully utilized. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 9:13 p.m. MOTION: of Humphrey, seconded by Holton, adopting Repolution No. 1989-120 approving establishment of Tax Increment Financing District No. 10 and approving the development plans therefor. Ayes - 5 - Nays - 0. RES. 1989-120 ESTABLISH TIF DIST. 10 WIRSBO Consideration of the Tax Increment Financing Development Agreement was tabled until July 13, 1989. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1989-121 approving the preliminary plat and final plat of WIRSBO, as recommended by the Planning Commission, and authorizing the Mayor and Clerk to sign the same, subject to preparation of a subdivision agreement. Ayes - 5 - Nays - 0. RES. 1989-121 PRELIM & FINAL PLAT - WIRSBO RES. 1989-122 SET HEARING VACATE EASEMENT BUILDING PERMIT WIRSBO MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 122 setting a public hearing at 8:00 p.m. on July 27, 1989, to consider vacating a drainage and utility easement on Lot 1, Block 3, North Star Industrial Park; being replatted as WIRSBO. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a building permit for phase one of an office/manufacturing facility on Lot 1, Block 3, North Star Industrial Park; being replatted as WIRSBO, as recommended by the Planning Commission. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Page 6 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-123 authorizing City Staff to schedule a public hearing, consistent with the notice procedures in State Law, for July 27 or August 10, 1989, on modifications to Tax Increment Financing District No. 10, incorporating the second and third phases of Wirsbo Company. Ayes - 5 - Nays - O. RES. 1989-123 SET HEARING TIF AMENDMENT FOR WIRSBO Mr. Dick Horak, of Delpro, representing Apple Valley Medical Center, A.V. MEDICAL CTR reviewed the site plan and 24,500 square foot building expansion. BUILDING ADDN. Mr. Welsch said the facility will initially have 199 parking spaces with the ability to add 71 more spaces. He recommends requiring a "proof of parking" and review the area after one year to see whether the additional 71 spaces are needed. The Tax Increment Financing Agreement provides for $576,000 total assistance on a "pay as you go" basis. Details of the enclosed walkway connecting the facility to the nursing home remain to be completed and it will be brought back to the Council for approval. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-124 approving the Tax Increment Financing Development Agreement with Apple Valley Medical Center and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1989-124 A.V. MEDICAL CTR TIF AGREEMENT RES. 1989-125 FINAL PLAT A.V. MEDICAL CTR BUILDING PERMIT A.V. MEDICAL CTR MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-125 waiving the public hearing and approving the final plat of Apple Valley Medical Center, as recommended by the Planning Commission, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit for the addition to Apple Valley Medical Center, subject to proof of parking, as recommended by the Planning Commission. Councilmember Holton asked why a garage drop off for ambulances is not included? Mr. Horak said it was considered, but was eliminated because of cost and its expected limited use. The area will be covered by a canopy connecting to the covered walkway from the nursing home. Vote was taken on the motion. Ayes - 4 - Nays ~ 0 (Holton Abstained). MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Palomino East Apartments, subject to the north building setback being a minimum of 96 feet and a sidewalk constructed along Pennock Avenue, as recommended by the Planning Commission, and directing preparation of a develop- ment agreement. PRELIM. PLAT PALOMINO EAST APARTMENTS Rita Dirico, 379 Cimarron Road, questioned elevations and grading around the ponding area, parking area and where sanitary sewer connections Will be made. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Page 7 Charles Habiger, the architect, was present and reviewed the site plan. A three to one slope is required around the pond and where it is necessary to grade, trees will be removed. The plan prepared in 1985 did net include a detailed grading plan and only provided for 72 parking spaces. The current plan has 107 parking spaces. The sanitary sewer can be run to the south. If the Galles property to the west is platted, it could be connected to the west. Councilmember Savanick asked Mr. Galles, who was present, if he had plans to develop the outlets to the west? Mr. Galles said he has engaged an architect to develop the property for single family homes and was at the Planning Commission meeting June 21, 1989. Councilmember Savanick questioned whether the size of the proposed building fits on the property due to the fact that area was taken for Cedar Avenue right-of-way. Mr. Habiger said zoning allows 93 units and this is proposed at 72 units. Vote was taken on the motion. Ayes ~ 4 - Nays - 1 (Savanick). MOTION: of Humphrey, seconded by Holton, authorizing issuance of a building permit for a 72-unit apartment building, Palomino East Apartments, authorization to grade on Outlet 4, Palomino Hills 2nd Addition, and granting a height variance to preclude backfilling along the northeast building sides, as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Savanick). PALOMINO EAST BUILDING PERMIT PALOMINO EAST PRELIM. REPORT RES. 1989-126 AMEND COMP. PLAN SECTION 34 ORDINANCE 445 REZONE PART OF SEC. 34 "RB" RES. 1989-127 REJECT BIDS PROJ. 89-324 MOTION: of Holton, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for utility improvements to serve Palomino East. Ayes ~ 4 ~ Nays - 1 (Savanick). MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-126 approving amendment of the Land Use Guide Map of the Comprehensive Plan in Section 34 (southeast quadrant of Cedar Avenue and County Road 42) providing a mix of commercial uses and residential uses, as recommended by the Planning Commission, and submitting the amendment to the Metropolitan Council. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 445 rezoning part of the North Half of Section 34 from Planned Development Designation No. 244 to Retail Business as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 127 rejecting all bids received June 16, 1989, for Project 89-324, 153rd Street Improvements for 300 feet East of Cedar Avenue, and directing the Engineer to prepare revised plans and specifications to be combined with Project 85-225. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 1989 Page 8 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1989-128 approving plans and specifications for Projects 85- 225 and 89-324 (combined), Improvements for 153rd Street East of Cedar and for Galaxie Avenue South of County Road 42, and authorizing advertising for bids to be received at 2:00 p.m. on July 21, 1989. Ayes - 5 -Nays - O. RES. 1989-128 TAKE BIDS PROJ. 85-225 & 89-324 ORDINANCE 446 INDUSTRIAL BLDG LOT COVERAGE ORDINANCE 447 NEW GB-1 ZONE MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 446 amending Appendix A of the City Code by adding Section A1- 43(a)(4) allowing for up to 45 percent lot coverage by industrial buildings provided all storage of materials and equipment is within the building. Ayes - 5 -Nays ~ 0. MOTION: of Savanick, seconded by Humphrey, passing Ordinance No. 447 amending Appendix A of the City Code by adding Section A1- 36.1 establishing a CB-1 (restricted general business) district and associated performance standards. Ayes ~ 5 - Nays ~ 0. Mr. Sheldon reviewed his memo dated June 22, 1989, concerning assump- ACADEMY VILLAGE tion of mortgages in Academy Village. He recommends no action on MORTGAGES Note No. 29 (Lot 12, Block 3) until an opinion from bond counsel as to the impact on validity has been obtained. Note No. 21 (Lot 7, Block 2) can be acted on. Mayor Branning noted that these authorizations should be subject to the City being adequately compensated for its costs. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-129 consenting to assumption of Academy Village Note No. 21 (Lot 7, Block 2) by Joaquin and Maria Castro subject to the City receiving written evidence of the consent by Norwest Bank, opinion of bond counsel and reimbursement to the City for costs incurred. Ayes - 5 -Nays - 0. RES. 1989-129 ACADEMY VILLAGE NOTE ASSUMPTION Councilmember Holton advised the Council that ALF Ambulance labor ALF LABOR negotiations are now in mediation and all communications are being NEGOTIATIONS directed through the Ambulance Director and the Gityts Personnel Director. Councilmember Savanick said recent legislation established eight new RTB MEMBERSHIP RTB districts and asked for clarification of the boundaries. Mr. Lawell said he would provide copies of a map for the Council. Councilmember Savanick also noted that if Apple Valley is in the same district as Woodbury, Ken Mahle, a Councilmember from Woodbury, is interested in being appointed the representative. MOTION: of Humphrey, seconded by Holton, to pay the claims and bills, checks numbered 36193, 68405 through 68547, 68681 through 68827, 68837 through 68917, 68927 through 69081 and 69083 through 69090, in the total amount of $5,751,694.80. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:55 otclock p.m.