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HomeMy WebLinkAbout01/14/1988CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 14th, 1988, at 8:00 o'clock p.m. at 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, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Planning Assistant McMonigal and Police Chief Rivers. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance were led in the pledge of allegiance to the flag by members of Cub Scout Pack 290 who were present to observe the meeting. MOTION: of Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA DEC. 22, 1987 MINUTES DEC. 30, 1987 MINUTES AUDIENCE DISCN. CONSENT AGENDA AMEND CONSENT AGENDA RES. 1988-1 1988 NEWSPAPER RES. 1988-2 1988 DEPOSITORY MOTION: of Holton, seconded by Humphrey, approving the minutes of the regular meeting of December 22nd, 1987, as written. Ayes - 4 - Nays - 0 (Savanick Abstained). MOTION: of Holton, seconded by Goodwin, approving the minutes of the special meeting of December 30th, 1987, as written. 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 Goodwin, approving all items on the consent agenda with no exceptions. MOTION: of Humphrey, seconded by Goodwin, amending the motion by adding approval of Skipper's 1988 on-sale 3.2 beer license to the consent agenda. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988 - 1 designating the Dakota County Tribune as the City's official newspaper for 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 2 designating the First State Bank of Apple Valley as the City's official depository for 1988 and accepting the collateral. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1988 Page 2 MOTION:of Holton, seconded by Goodwin, adopting Resolution No. 1988- 3 designating certain banking, savings and financial institutions as additional depositories for City funds for 1988. Ayes ~ 5 - Nays - O. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1988- 4 appointing the firm of Juran & Moody, Inc., to act as the City's bond consultant for 1988. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, approving renewal of the Insurance Consulting Agreement for 1988 with American Risk Services, Inc., at $550.00 per month.. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, passing Ordinance No/ 409 amending the City Code by establishing Article A16, Planned Development Zone for Apple Valley Business Center, and approving publication of the ordinance summary. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1988- 5 approving a Joint Powers Agreement establishing the South Metropolitan Drug Enforcement Task Force and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving a 1988 firearms range permit at 160th Street and Pilot Knob Road for conducting firearms safety courses. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving a Joint Powers Agreement with Burnsville, Eagan, Lakeville and Rosemount for 1988 traffic markings, street sweeping and seal coating services and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1988- 6 directing the City Engineer to prepare plans and specifi- cations for Project 87-280, Miscellaneous Storm Sewer Improvements. Ayes - 5 ~ Nays - 0. MOTION of Holton, seconded by Goodwin, approving the license and permit renewals for 1988 as shown on the list dated January 11, 1988. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Erickson Contracting for Project 87- 267, Oaks of Apple Valley III 2nd Addition, in the additional amount of $2,893.76. Ayes 5 - Nays - 0. RES. 1988-3 DESIGNATE ADDL. DEPOSITORIES RES. 1988-4 BOND CONSULTANT RENEW AMERICAN RISK AGREEMENT ORDINANCE 409 A.V. BUSINESS CTR P.D. ZONE RES. 1988-5 DRUG TASK J.P. AGREEMENT 1988 FIREARMS RANGE PERMIT STREET MAINTNCE J.P. AGREEMENT RES. 1988-6 PREPARE PLANS PROJ. 87-280 RENEW 1988 LIC. & PERMITS CHANGE ORDER 1 PROJ. 87-267 CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1988 Page 3 MOTION: of Holton seconded by Goodwin, approving Change Order No. E- 2 to the contract with Peoples Electric for Apple Valley Community Center in the additional amount of $5,745.00. Ayes - 5 - Nays - 0. CHANGE ORDER E-2 A.V. COM. CENTER CHANGE ORDER M-3 A.V. COM. CENTER CHANGE ORDER G-5 A.V. COM. CENTER FINAL PAYMENT PROJ. 86-265 FINAL PAYMENT PROJ. 87~260 FINAL PAYMENT PROJ. 87-267 HIRE PARTTIME EMPLOYEES SKIPPER'S 1988 BEER LICENSE RES. 1988-7 ACTING MAYOR MOTION: of Holton seconded by Goodwin, approving Change Order No. M- 3 to the contract with McGuire Mechanical for Apple Valley Community Center in the additional amount of $522.00. Ayes - 5 - Nays - O. MOTION: of Holton seconded by Goodwin, approving Change Order No. 5 to the contract with Maertens-Brenny Construction for Apple Valley Community Center in the additional amount of $4,831.00. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Goodwin, accepting Project 86-265, Well No. 3 Pump Repair, as final and authorizing final payment on the contract with Keys Well Drilling in the amount of $8,639.50. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Goodwin, accepting Project 87-260, 1987 Street Maintenance Program, as final and authorizing final payment on the contract with Preferred Paving in the amount of $46,584.28. Ayes - 5 - Nays - O. MOTION: of Holton seconded by Goodwin, accepting Project 87-267, The Oaks of Apple Valley III 2nd Addition Improvements, as final and authorizing final payment on the contract with Erickson Construction, Inc., in the amount of $13,882.45. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated January 11, 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving renewal of Skipper's, Inc., On-Sale 3.2 Beer License for 1988. - Nays - 0. Ayes - 5 END OF CONSENT AGENDA MOTION: of Savanick, seconded by Coodwin, adopting Resolution No. 1988-7 appointing Councilmember Humphrey as Acting Mayor for the year 1988. Ayes - 4 - Nays ~ 0 (Humphrey Abstained). Mr. Melena reviewed the Planning Commission's recommendation for ap- APPLE VALLEY proval of Apple Valley Theater, proposed on the southwest corner of THEATER 147th Street and Garrett Avenue. Bob Vanney, project architect, was present and reviewed the site plan, parking, variances and exterior materials. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1988 Page 4 Councilmember Holton said he is concerned about the variance for a five-foot setback along 147th Street because the intention is to have a sidewalk along the street and boulevard area is needed for snow storage. He also asked if "head-in" parking on the west side could be eliminated and the building moved farther from 147th Street? Mr. Vanney said the parking shown on the west and south sides is actually on the adjoining property and additional variances would be required to move the building. Mr. Substad, one of the petitioners, said parking spaces on the west are to be designated for handicapped parking. The Council discussed traffic circulation and whether sidewalk should extend to the curb on 147th Street. Mr Gordon said future plans for 147th Street are to widen it to four driving lanes and a parking lane on each side. If the five-foot setback is permitted, it would not allow for a grassy boulevard area and would mean sidewalk all the way from the curb to the building. Councilmember Humphrey suggested a curb cut on 147th might be beneficial, until the street is widened, allowing for a drop-off lane. Councilmember Savanick concurred with the lane and also suggested a one-way entrance from 147th Street. She would like sidewalk installed on both sides of 147th from Cedar to Galaxie or at least a pathway until the road is widened. She expressed concern about street lighting on 147th Street for bike and pedestrian traffic. Mayor Branning suggested eliminating the 15 parking spaces on the south side of the building and moving the building south to allow enough space for widening 147th Street and installing a sidewalk. Mr. Gretz suggested the developers could be allowed to install the sidewalk on City property. Councilmember Goodwin said he is concerned about the appearance of this large of a building too close to the street. Councilmember Holton said he would like staff to review the setbacks. MOTION: of Savanick, seconded by Humphrey, granting a sign variance, setback variance and building lot coverage variance for Apple Valley Theater on part of Lot 2, Block 7, Apple Valley Commercial Addition, subject to filing cross parking easements, as recommended by the Planning Commission, conditioned upon petitioner and City Staff addressing: moving the building south, up to 10 feet; eliminating 15 parking spaces on the south: determining the width and location of sidewalk on 147th Street; and constructing a drop off lane on 147th Street. Ayes - 5 - Nays - 0. A.V. THEATER VARIANCES & EASEMENTS MOTION: of Humphrey, seconded by Holton, authorizing issuance of a building permit for Apple Valley Theater on part of Lot 2, Block 7, Apple Valley Commercial Addition, as recommended by the Planning Commission, subject to the conditions of the foregoing motion. A.V. THEATER BUILDING PERMIT Mr. Vanney showed samples of the decorative rock-face block, brick and spectraglaze proposed for the building exterior. Mayor Branning asked what the cost difference CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1988 Page 5 between block and brick is and asked the architect to explore the use of brick panels instead of the block. Councilmember Holton said he would prefer the brick at least on the lower part of the building. Mr. Melena said the developers are requesting tax increment financing and, as part of that approval process, upgrading of materials can be a requirement. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-8 setting a public hearing at 8:00 p.m. on February 11, 1988, to consider establishing Tax Increment Financing District No. 6, for Apple Valley Theater, within Development District No. 2 and adoption of a tax increment financing plan for it. RES. 1988-8 SET T.I. HEARING A.V. THEATER Councilmember Goodwin said the Council is in the midst of a goal setting process at this time and have discussed placing conditions on tax increment financing. Should this become a priority, the petitioner should be aware this is being considered and there may be additional stipulations placed on use of the financing. Vote was taken on the motion. Ayes - 5 - Nays - 0. Ms. McMonigal reviewed the Planning Commission's recommendation for approval of an office building on the southwest corner of 145th Street and Granada. She distributed copies of a letter dated January 13, 1988, from Terry Maurer, the petitioner describing the proposal. MAURER OFFICE BUILDING MAURER OFFICE BUILDING PERMIT MOTION: of Goodwin, seconded by Holton, authorizing issuance of a building permit for an office building on Lot 9, Block 2, Valley Commercial Park 2nd Addition, as recommended by the Planning Commission. Mayor Branning asked what type of retail is proposed for the first floor and if signage is included. A representative of Maurer was present and said the use is not definite, but may be an insurance office, florist or compatible office. Ms. McMonigal said signage is not included in the plan, but Mr. Maurer has indicated a permit will be requested for signage that complies with the City Code. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Melena said the petitioner for a fence variance at 5978 133rd FENCE VARIANCE Street Court has elected not to proceed with the request, based on the Planning Commission's recommendation to deny, and will be removing the section not in compliance within 30 days. MOTION: of Goodwin, seconded by Savanick, tabling indefinitely the TABLE FENCE petition for a fence variance at 5978 - 133rd Street Court. VARIANCE Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1988 Page 6 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-9 demanding dedication of the right-of-way for County Road 38 under the terms of the Development Agreement dated July 23, 1975, in the area proposed as Heritage Hills 8th Addition. Ayes - 5 - Nays - 0. RES 1988-9 COUNTY ROAD DEDICATION Police Chief Rivers reviewed his memo dated January 11, 1988, concern- DOG LICENSE ing a City Code amendment to allow keeping four dogs without a kennel AMENDMENT license when the fourth dog is used in public safety. The Cityts kennel licensing requirements provide that it must be 500 feet from another residence. Wayne Sander, who is being considered for a police canine officer, was present to explain the request. MOTION: of Holton, seconded by Savanick, passing Ordinance Not 410 amending City Code Section 5-6(g) by allowing a fourth dog without a kennel license when it used primarily for assistance to the legally blind or by a licensed peace officer in the performance of duties. Ayes - 4 - Nays - 0. (Branning Abstained). ORDINANCE 410 ALLOW 4TH DOG WITHOUT KENNEL ORDINANCE 411 AMEND FEES CLASSIFY TAX FORFEIT PROPERTY MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 411 amending City Code Section 1-23 by increasing certain building and development fees effective February 1, 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, classifying Lots 1, 2, 9 and 10, Block 1, K & G 1st Addition, and Outlot C, Palomino Woods, as "non-conservation", as requested by the Dakota County Board, in preparation for the sale due to non-payment of taxes. Staff had recommended acquisition of Outlot C, Palomino Woods, by the City for open space which was required under the terms of the development agreement. Mayor Branning said he is concerned with the City acquiring it and the associated maintenance problems. He asked that this acquisition be invesqigated further before that action is taken. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-10 setting a public hearing at 8:00 p.m. on February 11, 1988, to consider vacation of a drainage easement on Lot 10, Block 1, The Highlands, and rescinding Resolution No. 1987- 302. Ayes - 5 - Nays - O. RES. 1988-10 RESCHEDULE EASMT VACATION HEARING INFORMAL MEETING LOCATION CHAMBER LUNCH MOTION: of Holton, seconded by Goodwin, setting the location of the informal meeting of January 22, 1988, at 12:30 p.m. at the LaCorte Inn in Lakeville. Ayes - 5 - Nays - 0. The Council received and accepted an invitation for a luncheon meeting with the Chamber of Commerce Board of Directors for 12:00 noon on Thursday, January 28, 1988, at Apple Villa. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1988 Page 7 MOTION: of Goodwin, seconded by Humphrey, to pay the claims and ClaIMS & BILLS bills, checks numbered 58881 through 58991 and 59001 through 59131, in the total amount of $4,739,349.33. Ayes - 5 - Nays MOTION: of Humphrey, seconded by Savanick, to adjourn. Ayes - 5 ~ Nays - 0. The meeting was adjourned at 10:00 p.m. The Council then continued with an informal meeting on current public safety issues.