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HomeMy WebLinkAbout09/22/1988CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 22nd, 1988, at 8:00 o'clock p.m. at City Hall. PRESENT: Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: Mayer Branning. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Police Lieutenant Erickson, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell and Planning & Development Director Welsch. Acting Mayor Humphrey 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 Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of September 8, 1988, and the special meeting of September 15, 1988, as written. Ayes - 4 - Nays - 0. SEPT. 8 & 15 1988, MINUTES Superintendent Rehwaldt and Board Member McClellan, of Independent SCHOOL DISTRICT School District 196, were present to inform the Council about the BOND REFERENDUM District's bond referendum set for October 18, 1988. The referendum requests $23,625,000 to build three elementary schools. Superintendent Rehwaldt reviewed enrollment projections of 20,700 students by 1990 and requested community support for the referendum. Mike Thomas, 13875 Pennock Avenue, asked if there is some way residents would be able to buy the bonds from the sale? Steve Mattson, the City's financial advisor, explained the sale and bid process on a large offering, as required by law. If the bonds are purchased for individual placement, residents could buy them through brokers. Acting Mayor Humphrey asked if any one was present to address the AUDIENCE DISCN. Council at this time on any item not on this meeting's agenda. GUTHRIE PARKING Clayton Tierney, 14030 Guthrie Avenue, spoke in support of having the "no parking" during school hours signs removed from their street as scheduled on the consent agenda. However, parking during athletic events at the high school is a problem on their street and they would like it restricted similar to what is done in Bloomington. Mr. Melena suggested public works and police staff meet with the residents to try and determine what parking restrictions should be recommended to the Council. Councilmember Savanick asked the neighborhood to consider "no parking" on one side of the street for 100 to 150 feet from the 140th Street intersection. Action was held until a recommendation is forthcoming. MOTION: of Holton, seconded by Savanick, removing Guthrie parking, stop signs and meeting schedule from the consent agenda to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 2 CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving a temporary on- sale 3.2 beer license for the Apple Valley Jaycees on September 24, 1988, at Fire Station No. 1 for the Fire Relief Association "Booya". Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, approving Change Order No. to the contract with Richard Knutson, Inc., for Project 88- 284, Water Treatment Plant Utilities, in the amount of an additional $62,504.00. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, approving Change Order No. 2 to the contract with McNamara Contracting Co. for Project 87- 277, Johnny Cake Ridge Road Reconstruction, in the amount of an additional $1,772.15. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving a special use permit for Stephen Zender to sell Christmas Trees at 4870 West 150th Street (Galaxy Golf) from November 25 to December 21, 1988. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1988-159 approving the final plat and development agreement for Shannon's Addition (between Cedar and Pennock at 130th Street) and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1988-160 awarding the contract for Project 88-306, Eagle Ponds Utility Improvements, to CECA Utilities, the low bidder, in the amount of $72,039.15. Ayes - 4 - Nays '- 0. MOTION: of Holton, seconded by Savantck, adopting Resolution No. 1988-161 awarding the contract for Project 88-311, Eagle Ponds Street Improvements, to McNamara Contracting the low bidder, in the amount of $77,271.00. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1988-162 awarding the contract for Project 88-307, Broner Woods Utility and Street Improvements, to CECA Utilities, the low bidder, in the amount of $63,847.40. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1988-163 setting a public hearing at 8:00 p.m. on October 20, 1988, at Apple Valley Community Center, to consider vacating easements over Outlot B Summerfield and the South Half of the Southeast Quarter of Section 24. Ayes ~ 4 - Nays - O. JAYCEES' BEER LICENSE CHANGE ORDER 1 PROJ. 88-284 CHANGE ORDER 2 PROJ. 87-277 SPECIAL USE PERMIT RES. 1988-159 FINAL PLAT SHANNON'S ADDN. RES. 1988-160 AWARD CONTRACT PR03. 88-306 RES. 1988-161 AWARD CONTRACT PROJ. 88-311 RES. 1988-162 AWARD CONTRACT PROJ. 88-307 RES. 1988-163 SET EASEMENT VACATION HEARING CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 3 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1988-164 rescinding emergency lawn watering restrictions for the remainder of 1988. Ayes - 4 - Nays - O. RES. 1988-164 RESCIND WATERING RESTRICTIONS HOCKEY ASSN. GAMBLING EXEMPTION PROCLAIM CONSTITUTION WK MOTION: of Holton, seconded by Savanick, receiving an application for lawful gambling exemption by the State of Minnesota from Apple Valley Hockey Association for a raffle on December 20, 1988, at the Apple Valley Sports Arena. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, proclaiming September 17 through 23, 1988, as "Constitution Week" in Apple Valley. Ayes ~ 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring Rene Brinkman for the fulltime position of Liquor Head Clerk effective September 30, 1988. Ayes - 4 - Nays - 0. HIRE BRINKMAN LIQUOR CLERK MOTION: of Holton, seconded by Savanick, approving hiring the various parttime employees as listed in the Personnel Director's memo dated September 22, 1988. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEES GUTHRIE PARKING RES. 1988-165 GUTHRIE PARKING RES. 1988-166 INSTALL VARIOUS STOP SIGNS END OF CONSENT AGENDA Clayton Tierney, 14030 Guthrie Avenue, presented a petition to the Council requesting removal of the no parking signs on Guthrie Avenue. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 165 ordering removal of all parking restrictions on Guthrie Avenue. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-166 authorizing installation of stop signs on 147th Street, eastbound at Pennock; on Haven Drive at 147th street; on Guthrie Avenue at 147th Street; on Hayes Road, north and southbound, at Haven Drive; and on Haven Drive at Hayes Road. Ayes - 4 - Nays - 0. Steve Mattson, of Juran & Moody, the City's financial advisor, dis- G.O. EQUIPMENT tributed an analysis dated September 22, 1988, on $635,000 General CERTIFICATES Obligation Equipment Certificates of the City. He said these would normally be a public sale, but when the legislature revised property tax laws, it inadvertently failed to revise Chapter 412, related to equipment certificates. Legal counsel has advised that unless the sale is made by October 1st, the City would have to wait until next spring to sell the certificates. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 167 authorizing issuance of $635,000 General Obligation Equipment Certificate of 1988, awarding the sale to Juran & Moody, Inc., at a net interest rate of 6.6499 percent; prescribing the form and details thereof and providing for payment of the obligations. RES. 1988-167 SELL $635,O00 G.O. EQUIP. CERT CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 4 Mike Thomas, 13875 Pennock Avenue, said he would like to see competitive bids on this type of sale. Mr. Mattson explained that normally the City would take bids rather than going to a negotiated sale, but because of the timing, the sale needed to be completed now or the City would have to wait until next spring for use of the funds. He gave Mr. Thomas a copy of the analysis comparing other recent sales and interest rates to review. Vote was taken on the motion. Ayes - 4 - Nays ~ 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1988- 168 determining that sale of the $635,000 General Obligation Equipment Certificates is in the best interest of the City and directing publication of this resolution in the official newspaper of the City as required by M.S. 412. 301. Ayes - 4 - Nays - 0. RES. 1988-168 PUBLISH SALE INFORMATION Mr. Mattson reviewed his memo dated September 19, 1988, concerning a BOND CASH full cash defeasance program for 1984 improvement bonds of the City. DEFEASANCE This would immediately free up an estimated $640,321, which the City may redirect, and capture remaining assessment receipts of approximately $785,317 over the next 11 years. Mr. Melena noted these funds would be directed toward the capital equipment account and additional storm sewer improvements. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1988- 169 approving a defeasance program for the General Obligation Improvement Bonds of 1984 and calling for redemption and prepayment on December 1, 1993, of those bonds maturing in the years 1994 through 1999. Ayes - 4 - Nays ~ 0. RES. 1988-169 CASH DEFEASANCE PROGRAM A.V. VILLA REFINANCING Harry Lemieux, of Apple Valley Villa, was present and commented on the need to revise documents approved July 28, 1988, in connection with refinancing of the project. Security will still be provided by a $150,000 letter of credit and $75,000 certificate of deposit. Dougherty & Dawkins will be purchasing the bonds. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 170 authorizing the execution of necessary documents in connection with the remarketing of $10,915,000 Housing Development Revenue Refunding Bonds (Apple Valley Villa Project), Series 1988. RES. 1988-170 A.V. VILLA BOND REMARKETING Mr. Melena advised the Council that there have been several changes in this process since it started. A different bank is involved, however a AAA rated letter of credit is being provided. The proceeds for Mr. Lemieux will now amount to about $420,000. Mr. Sheldon noted these are not general obligation bonds of the City and they are secured by a letter of credit. The difference in the smaller amount of net proceeds for Mr. Lemieux is he will have less operating revenue to complete rental of the units. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 5 Mr. Glen Van Wormer, of Short, Elliott Hendrickson, was present to PENNOCK AVENUE review the traffic study conducted on Pennock Avenue. The study, TRAFFIC STUDY dated August 24, 1988, incorporated data collected on the volume of traffic, projections on future traffic and listed several alternatives. Mr. Van Wormer noted there is no specific recommendation on a solution to reducing the traffic problem; each alternative has advantages and disadvantages. The option of doing nothing will eventually reduce traffic when alternate routes are completed. Whichever alternative is chosen requires a policy decision and a determination of what the people will be willing' to accept. MOTION: of Goodwin, seconded by Savanick, referring the Pennock Avenue Traffic Study to City Staff for a specific recommendation to the Council within 30 days of completing the 1989 City Budget. REFER TRAFFIC STUDY TO STAFF Mr. Melena said the budget hearing will be hold October 6th and this would be the first priority following that date. Councilmember Holton noted he would not be in favor of a recommendation to close the street. Councilmember Savanick concurred. Councilmember Humphrey said since most of the traffic is local traffic, closing the street will antagonize a different group of residents. It appears the street will still be heavily traveled even when alternate routes are constructed or if a one-way street is created. Mike Thomas, 13875 Pennock Avenue, said the report has not como up with anything that was not already known. Staff proposed three alternatives originally and they were not acted on. Traffic is still speeding and that has not been addressed. People need to be educated on alternate routes and something needs to be done to counteract poor driving. Councilmember Savanick said a speed study by MnDOT was requested August 25, 1988, and this report also refers to speed limits. Joe Sutila, 13880 Pennock Avenue, said the report says opening Guild Avenue might provide some relief. Mr. Grothe, developer of the property, indicated he would probably not be ready to construct the road until 1990 and that is too long to wait. He referred to an October 27, 1987, motion, which was tabled, and asked if the Council needs to act on it before any other motion? Mr. Melena said a motion does not automatically come back; a member of the Council must recall it. Councilmember Goodwin said this item was tabled at that time to get information on what traffic the City was dealing with. We now have specific data and Staff can make a more specific recommendation based on it. Lee Yadrick, 7760 West 134th Street, said the report states construction of County Road 38 will provide an alternate route. That will be an alternate east-west route and will not make any difference to traffic traveling north and south. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 6 Mr. Kelley reviewed the Planning Commission's recommendation on AMERICAN TRANSP. American Transportation's application for a conditional use permit BUS GARAGE and revised building permit. The revised building is stone faced concrete block with a metal standing seam roof. The recommendation includes denial of a curb cut to Johnny Cake Ridge Road. Robert Regan, of American Transportation, said they believe the curb cut to Johnny Cake Ridge Road would not interfere with traffic. They would be willing to put brick on the side of the building facing Johnny Cake and remove one bay if the 23-foot driveway is a problem. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 171 granting a conditional use permit for motor fuel dispensing on Lot 1, Block 2, North Star Industrial Park 2nd Addition, subject to installation of a storm sewer skimmer system at the first available manhole, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1988-t71 CONDITIONAL USE PERMIT AMERICAN TRANSP. BUILDING PERMIT MOTION: of Goodwin, seconded by Holton, authorizing issuance of a revised building permit for American Transportation bus garage on Lot 1, Block 2, North Star Industrial Park 2nd Addition, based on plans dated July 15, 1988, as recommended by the Planning Commission. Charles Novak, architect for American Transportation, was present and said they designed the building like the City's maintenance garage because cost projections were too high using brick as originally approved. Councilmember Holton said he would prefer brick as originally approved. Mr. Novak said a precast panel can be used with a metal fascia and it will look like the Venstar building. Mr. Melena suggested referring this back to the Planning Commission for details on the construction materials. Compromise on the various materials was discussed. MOTION: of Holton, seconded by Goodwin, amending the motion by allowing standard concrete block on the east side of the building and brick on three sides, metal fascia, retaining the extra bay and directing Staff to work with Bruce Maus, of Venstar, for a shared access to Johnny Cake Ridge Road. Ayes - 4 - Nays - 0. AMEND MOTION Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. Mr. Kelley reviewed the Planning Commission's recommendation to ap- K-MART VARIANCE prove a parking lot variance for K-Mart. A letter dated September 21, 1988, from Apple Valley Square's legal counsel, Annamarie Daley, objecting to the variance was received. MOTION: of Goodwin, seconded by Savanick, granting a variance to allow a parking lot to be constructed to within seven feet of the south lot line of Lot 2, Block 1, Apple Valley Square 4th Addition, as recommended by the Planning Commission. PARKING LOT VARIANCE CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 7 Mr. Sheldon said the letter from Ms. Daley stated the existence of restrictive covenants are not a basis on which to grant a variance. He has replied that the City can grant a variance under its ordinance and is not involved in enforcing restrictive covenants. Councilmember Holton asked about similar variances. Mr. Kelley said Group Health Plan, adjacent to this property, was granted a variance with a five-foot parking setback from 153rd Street. Annamarie Daley, representing Apple Valley Square, was present and said when K-Mart negotiated for the property, it negotiated to comply with City parking ordinances. The reason it is requesting the variance is to construct a garden shop. It does not require a variance now, but with a garden shop it will. It is creating its own hardship by building the garden shop. The entire shopping center has a 23-foot bermed perimeter and reducing it on one side would not be consistent with the other sides. Mr. Melena asked if permit approval is required for the garden shop. Mr. Kelley said a building permit for an addition does not require Council approval unless the addition is over 50 percent of the building. A conditional use permit was granted when the original building was constructed. Ted Meyer, representing K-Mart, was present and said the dispute is between K-Mart and Apple Valley Square and the City should not be interjected into it. There is no adverse impact on neighboring property. Parking is a problem on the entire site and this would allow additional parking spaces. The variance is consistent with others. Mr. Melena said the garden store was changed from the original building because of the building addition and asked if conditions can be placed on the variance. Mr. Sheldon said if a variance is conditional, the conditions apply only so long as the variance is accepted. He suggested the Planning Commission review the details of the garden shop, in addition to the parking variance, and determine whether the existing conditional use permit actually does apply. Mr. Meyer said K-Mart has the right to construct a garden shop. It would agree to conditions on the variance, but not to a new conditional use permit. He believes it would have the right to build without a new permit. MOTION: of Holton, seconded by Goodwin, referring this request to the Planning Commission to determine if the existing conditional use permit applies because an addition has been constructed to K-Mart's building and whether additional approval is required for a garden store. Ayes - 4 - Nays - 0. REFER K-MART PETITION BACK TO PLANNING MT. OLIVET CHURCH ADDITION BUILDING PERMIT MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for an addition to Mt. Olivet Assembly of God Church, Lot 1, Block 1, Hamlet I, subject to submittal of grading and landscape plans, as recommended by the Planning Commission, with additional landscaping along the western boundary of the property. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 8 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1988- 172 amending the Comprehensive Plan land use designation from D-III to Limited Business for the proposed Biewald 1st Addition, 14618 Cedar Avenue. Ayes - 4 - Nays - O. RES. 1988-172 BIEWALD COMP. PLAN AMENDMENT MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 423 rezoning the proposed Biewald 1st Addition, 14618 Cedar Avenue, from Agriculture to Limited Business, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE 423 REZONE BIEWALD 1ST ADDITION PRELIMINARY PLAT BIEWALD 1ST PRELIMINARY PLAT VALLEY WAY VILLAGE 7TH MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Biewald 1st Addition, as recommended by the Planning Commission, and directing preparation of a development agreement. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Valley Way Village 7th Addition, as recommended by the Planning Commission, and directing preparation of a development agreement, subject to further landscaping review. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 173 amending the Comprehensive Plan land use designation Park/Multiple Residential to Civic Center/Park for the pro- posed Carrollton Estates 5th Addition, north of County Road 42 between 147th Street and Hayes Road. Ayes - 4 ~ Nays - 0. RES. 1988~173 CARROLLTON 5TH COMPREHENSIVE PLAN AMENDMENT MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 424 amending Planned Development Designation No. 341 for Carrollton Estates 5th Addition to provide for armory and park uses. Ayes - 4 - Nays - 0. ORDINANCE 424 CARROLLTON 5TH REZONING MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Carrollton Estates 5th Addition, as recommended by the Planning Commission, and reviewed by the City Council September 15, 1988, and directing preparation of a development agreement. Ayes - 4 - Nays - 0. PRELIMINARY PLAT CARROLLTON 5TH Consideration of a policy on park dedication fund expenditures was removed from the agenda. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 174 approving plans and specifications for Project 88-308, Nordic Woods 6th Addition Utility Improvements, and authoriz- ing advertising for bids to be received at 2:00 p.m. on October 6, 1988. Ayes - 4 - Nays - O. RES. 1988-174 TARE BIDS PROJ. 88-308 CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1988 Page 9 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1988- 175 approving plans and specifications for Project 88-312, Nordic Woods 6th Addition Street Improvements, and authoriz- ing advertising for bids to be received at 2:00 p.m. on October 6, 1988. RES. 1988-175 TAKE BIDS PROJ. 88-312 The Council asked that the property owner to the north be contacted and asked about accepting an assessment for completing sidewalk along the east side of Galaxie Avenue with this project. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing renovation of the Council Chambers at City Hall at a cost not to exceed $19,500 as detailed in the Assistant Administrator's memo dated September 19, 1988. Ayes - 4 - Nays - 0. COONCIL CHAMB. RENOVATIONS SET MEETING SCHEDULE CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, rescheduling Council meetings for 8:00 p.m. on October 6, 13 and 20; November 10 and 22; December 1, 15 and 29; and November 3, 1988, at 12:00 noon noting that meetings may be scheduled for Apple Valley Community Center to avoid conflict with Council Chambers renovation. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 63607 through 63705, in the total amount of $2,365,930.64. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:22 o'clock p.m.