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HomeMy WebLinkAbout10/06/1988CITY OF APPLE VALLEY Dakota County, Minnesota October 6, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 6th, 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 Dougherty, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, City Planner Kelley, Assistant Administrator Lawell, Recreation Programmer Quale, Police Chief Rivers and Planning & 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 Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA SEPT. 22, 1988 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of September 22nd, 1988, as written. Ayes - 4 - Nays - 0 (Branning Abstained). 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. Mr. Melena said consideration of Apple Valley Apartments project was APPLE VALLEY moved up earlier on the agenda because the developer's attorney is APARTMENTS requesting additional time before the Council considers the item and there are residents present who wished to address the issue. Mr. Joseph Christenson, attorney for H & Z Partners, said he is requesting additional time to respond to Mr. Holmes legal brief, filed recently, on behalf of the residents. Mr. Christenson said he would like to make a clear record of his client's position, in writing, and give the City an opportunity for review by its attorney. MOTION: of Humphrey, seconded by Goodwin, referring Apple Valley Apartments project to staff until a response from H & Z Partners to the residents brief has been received and reviewed by the City Attorney. REFER A.V. APT. TO STAFF Mr. Ed Holmes, 8921 - 138th Street Court, said, on behalf of the residents, he would concur with continuing this matter. He has additional comments which were submitted in a brief to the City dated October 5, 1988, and he reiterated some of them including rezoning/comprehensive plan compatibility issues. He said they believe the site may not have been properly surveyed and dispute the 8.9-acre size. Bob Wynecoop, 8907 - 138th Street Court, said he used the distances and angles on the survey by the developer and ran them through a computer program at the Bureau of Indian Affairs. The program, designed for reading surveys, could not get the traverse to close CITY OF APPLE VALLEY Dakota County, Minnesota October 6, 1988 Page 2 without the computer adjusting figures. For this reason, they would like the City to require the developer to properly survey the property. Lynn Burri, 8962 - 138th Street Court, showed a video tape of two other projects by this developer; Lexington Hills, 4130 Lexington Avenue South; and The Drexel, 10040 Penn Avenue South. He said the units are one year or less in age and appear to be of substandard construction; i.e., the vinyl siding is discontinuous, rubber trim is coming off a window, etc. Mr. Holmes said the design is incompatible with surrounding property. He presented two alternative designs showing units following existing topography. One design was a combination of multiple and single family units and the other all multiple. He asked the Council to enact a six-month moratorium ordinance pending outcome of a study of the area and said he believes Minnesota law supports the Council so doing. Mayor Branning said the Council has a request for the attorneys to react to the briefs submitted. There seems to be innuendo that the Council is not listening to the residents and that is not true. The Council is trying to treat all areas of the City the same and landowners also have certain rights. The Comprehensive Plan is several years old and may not have envisioned the area as it has now developed, but the Plan is being reviewed. Moratoriums generally apply to proposals in the future and not to proposals already before the Council. The Council will do the best it can for the City without losing control of the situation. The City does not want to be in a position of having the court ordering a building permit; then the City loses control. Mr. Melena said the developer has asked for approximately three weeks to respond and the City Attorney will need to review the response. The City will also look at the matter of the survey. He said the item should be back to the Council by December 1, 1988. Vote was taken on the motion. Ayes - 5 ~ Nays - O. MOTION: of Humphrey, seconded by Goodwin, removing an agreement concerning Williams Brothers Pipeline from the agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ZOO TEMPORARY LIQUOR LICENSE HUGELAND LAND- SCAPE SERVICES AGREEMENT CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, authorizing issuance by the Minnesota Liquor Control Commissioner of a temporary on-sale liquor license for the Minnesota Zoological Garden on October 29, 1988. Ayes - 5 - Nays ~ O. MOTION: of Humphrey, seconded by Goodwin, approving a one-year agreement with Eldon Hugeland, Landscape Architect, for services related to the armory site and Carrollton park area, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota October 6, 1988 Page 3 MOTION: of Humphrey, seconded by Goodwin, approving a one-year agreement with Short-Elliot-Hendrickson, Inc., for traffic engineering services related to shopping center development, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. SEH TRAFFIC ENGINEERING AGREEMENT RES. 1988-176 AWARD EASTVIEW BLDG. CONTRACT RES. 1988-177 TAKE BIDS PROJ. 88-294 RES. 1988-178 FINAL PLAT HUNTINGTON 2ND GRADING PERMIT HUNTINGTON 3RD MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-176 awarding a contract for Eastview Athletic Complex Shelter Building to T.C.I. Company, the low bidder, with alternates 2 and 8, for a total of $134,907.00. Ayes - 5 Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-177 approving specifications for Project 88-294, Wells No. 12, 13 and 14 Pumping Facilities, and advertising for bids to be received at 2:00 p.m. on November 4, 1988. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-178 approving the final plat and development agreement for Huntington 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a grading permit for Huntington 3rd Addition in conformance with the approved preliminary plat, subject to posting of a $500 per acre bond. Ayes - 5 - Nays - 0. An agreement among Dakota County, Williams Brothers Pipeline and the City was removed from the agenda. MOTION: of Humphrey, seconded by Goodwin, accepting Project 85-228, 132nd Street Improvements, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $7,970.03. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 85-228 CHANGE ORDER 1 PROJ. 88-298 CHRISTMAS TREE PERMIT CHRISTMAS TREE PERMIT MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with J. P. Norex, Inc., for Project 88-298, Woods Additions Improvements, in the amount of an additional $12,956.50. Ayes - 5 - Nays ~ 0. MOTION: of Humphrey, seconded by Goodwin, approving a special use permit for Christmas tree sales at 980 Garden View Drive for Bill Brabec from November 20 through December 20, 1988. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a special use permit for Christmas tree sales on Lot 1, Block 2, Hamlet I, for Tts Landscaping from November 1, 1988, through January 5, 1989. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 6, 1988 Page 4 MOTION: of Humphrey, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated October 6, 1988. Ayes - 5 -Nays 0. HIRE PARTTIME EMPLOYEES BOND SALE INFO. RES. 1988-179 SET $2,890,000 BOND SALE END OF CONSENT AGENDA Steve Mattson, of Juran & Moody, was present and reviewed his letter dated September 30, 1988, concerning the proposed sale of advance refunding and improvement bonds with the Council. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1988-179 providing for the issuance and sale of $2,890,000 General Obligation Refunding and Improvement Bonds of 1988, at 12:00 noon on November 3, 1988. Ayes - 5 - Nays ~ 0. Mr. Melena reviewed a proposed ordinance allowing deferment of special SR. CITIZEN assessments on property owned by persons 65 years of age or older. ASSMT DEFERMENT Councilmember Savanick asked when an individual can apply for the de- ferment? Mr. Melena said they must do so within 30 days of when the assessment is levied and be at least 65 years of age on the date it is levied. Mayor Branning asked what the homestead definition will be after state law removes the credit in 19897 Mr. Melena said the ordinance refers to "homestead status" rather than the tax credit. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 425 amending Chapter 9 of the City Code by allowing deferment of pasnnent of special assessments on homestead property owned by persons 65 years of age or older. Ayes - 5 ~ Nays - O. ORDINANCE 425 ASSMT DEFERMENT The Council reviewed proposed 1988 Special Assessment Rolls 237 to 250 1988 SPECIAL totaling $2,318,143.00. Mr. Ballenger distributed a revised copy of ASSESSMENTS Roll 243 spreading the assessments over 25 lots in Salem Woods rather PUBLIC HEARING than 26 as requested by Richard Williams, the property owner, in his letter dated October 5, 1988. He also noted that an adjustment was made in Roll 250 reducing the assessment for the Brumm property by $2,429.00. This adjustment resulted from utility payments and credits to the City of Eagan. Mayor Branning called the public hearing on 1988 Special Assessment Rolls 237 to 250, in the adjusted total of $2,315,726.00, to order at 9:15 p.m. and noted receipt of the affidavit of publication of the hearing notice. The Council received the following written objections: Ann Feiner objecting to 132nd Street assessments on Parcels 01- 02200-070-29 and 01-26100-010-00. Uhde/Nelson, Inc., objecting to Assessment Roll 245 on Lot 6, Block 1, Bor-Nel. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 9:18 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-180 approving 1988 Special Assessment Rolls 237 through 250 in the total amount of $2,315,726.00 and directing transmittal to the County Auditor for certification upon the tax rolls. Ayes -5 - Nays - O. RES. 1988-180 ADOPT ASSMTS 237 TO 250 CITY OF APPLE VALLEY Dakota County, Minnesota October 6, 1988 Page 5 Mr. Melena reviewed the proposed 1989 City Budget with the Council. 1989 BUDGET The total operating expenses are $15,546,113 with total General Fund PUBLIC HEARING expenditures of $8,915,853. Mayor Branning called the public hearing on the 1989 Budget to order at 9:20 p.m. and noted receipt of the affidavit of publication of the hearing notice. Mr. Melena said he had received a request from Michael J. Shannon to address the Council about funding on behalf of the Minnesota Valley Humane Society, but he was not present. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 9:23 p.m. MOTION: of Holton, seconded by Coodwtn, adopting Resolution No, 1988- 181 approving the 1989 revenue and expenditure budgets, as supported by the detailed document dated August 25, 1988, as revised. Ayes -5 - Nays - O. RES. 1988-181 1989 BUDGET RES. 1988-182 1989 SALARY PLAN RES 1988-183 TAX LEVY MOTION: of Humphrey, seconded by Goodwtn, adopting Resolution No. ~1988-182 modifying Resolution No. 1988-15 by adopting the 1989 City Salary Plan for non-affiliated employees. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1988- 183 approving the 1988 tax levy, collectible in 1989, total- ing $6,266,645; consisting of $5,078,670 for general purposes and $1,187,975 for debt purposes. Ayes - 5 - Nays - 0. Mr. Melena reviewed Mr. Gretz's memo dated October 3, 1988, concerning 147TH & PENNOCK stop sign installation at 147th and Pennock. The right turn lane for STOP SIGNS southbound traffic on Pennock makes it difficult to install four-way stop signs. Until the intersection can be signalized, he recommends temporarily filling in the right turn lane so the stop signs can be installed. The Council concurred with the recommendation. Mr. Dougherty reviewed his letter dated October 6, 1988, concerning HAYES & HAVEN circumstances where multi-way stop signs can be installed in conform- STOP SIGNS ance with the Minnesota Uniform Traffic Code Device Manual. The stop signs, ordered to be installed at Haven Drive and Hayes Road, do not conform to the requirements of this manual and could be a potential liability for the City. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- RES. 1988-184 184 rescinding the installation of stop signs at the inter- RESCIND SIGNS section of Hayes Road and Haven Drive ordered by Resolution No. 1988-166. Councilmember Savanick said she believes a pedestrian crosswalk should be painted on Hayes at the driveway to Apple Valley Community Center. Mr. Gretz said it could be done but studies have shown that motorists do not stop at areas where there doesn't appear to be an intersection. In was suggested that a decision on painting a crosswalk be made at a later time and the Council asked that representatives from the Carrollton area be advised as to why the stop signs are not being installed. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). CITY OF APPLE VALLEY Dakota County, Minnesota October 6, 1988 Page 6 Mr. Lawell reviewed his memo dated October 3, 1988, concerning an A.V.I.P. DEV. amendment to the contract for private development between A.V.I.P. AMENDMENT and the City. The contract provided for a three-phase office/warehouse at Galaxie and 146th Street. The second phase was not begun, as proposed, and an amendment is requested. The amendment would provide for two phases with proportional adjustment of the financial assistance to be provided by the City. Mr. Lawell distributed a revised amendment prepared by Jim O'Meara, the City's legal counsel. Ralph Linvill, of A.V.I.P., was preeent and said he believes the project will be able to proceed as proposed. He believes the value of the property has increased because changes in theplanned development zoning allow for additional uses. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-185 approving and authorizing the execution of a First Amendment, providing for two phases, to the Contract for Private Development between A.V.I.P. and the City dated July 30, 1986. Ayes - 5 - Nays - O. RES. 1988-185 AMEND A.V.I.P. CONTRACT Mr. Lawell reviewed his memo dated October 3, 1988, concerning a Joint HAZARDOUS WASTE powers agreement related to household hazardous waste collection. COLLECTION Collection of the household hazardous wastes is being jointly sponsored by the Cities of Apple Valley and Burnsville and Dakota County on October 8, 1988, at the Burnsville Ice Arena. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1988-186 approving a Joint Powers Agreement between Dakota County, Burnsville and Apple Valley for Household Hazardous Waste Collection and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. RES. 1988-186 WASTE J.P. AGREEMENT RES. 1988-187 CENTEL COND'L USE PERMIT MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 187 approving a conditional use permit for a temporary com- mercial parking lot in a residential zone (Lot 1, Block 8, Apple Valley) for Central Telephone Company until April 1, 1989, as recommended by the Planning Commission, with restor- ation of the property to be in compliance with landscaping standards provided in the City Code. Mayor Branning asked that Centel also provide a plan by April 1, 1989, as to how it will accommodate parking for its employees on its own site. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Humphrey). MOTION: of Humphrey, seconded by Savanick, authorizing issuance of a building permit for a dental office on Lot 2, Block 8, Valley Commercial Park 2nd Addition, subject to the conditions specified by the Planning Commission in its recommendation of September 21, 1988. KUCH OFFICE BUILDING PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota October 6, 1988 Page 7 Councilmember Humphrey asked how the number of parking spaces was computed. Mr. Kelley said it was based on all medical uses in the building which requires more parking spaces than other office buildings. Mayor Branning asked if future additional parking could be shared with the building to the east? Mr. Kelley said that would be possible. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Melena reminded the Council that its next meeting is set for NEXT MEETING October 13, 1988, and will be in the conference room at City Hall SCHEDULE due to remodeling of the Council Chambers. This will be a short regular meeting with consent items, followed by an informal work session. He suggested that the Council may want to hold an open house in November when remodeling has been completed. The Council concurred. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 36183, 63715 through 63852 and 63861 through 63969, in the total amount of $8,888,314.51. Ayes - 5 - Nays CLAIMS & BILLS MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:17 o'clock p.m.