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HomeMy WebLinkAbout02/12/1987CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 12th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Councilmembers Goodwin, Humphrey and Savanick. ABSENT: Mayor Branning and Councilmember Holton. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Parks & Recreation Director Gurban, City Planner Kelley, Assistant Administrator Lawell, Planning Assistant McMonigal and Police Chief Rivers. The meeting was called 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 Goodwin, appointing Councilmember Savanick as Acting Mayor to chair this meeting. Ayes - 3 - Nays - 0. ACTING MAYOR APPROVE AGENDA CONSENT AGENDA RES. 1987-21 VARIOUS ASSMT. DIVISIONS NOMINATE SWITZER POLICE OFFICER OF THE YEAR MOTION: of Goodwin, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-21 approving special assessment divisions for Valley Way Village 4th, Northrup Conklin, Delaney Park 1st, Owen Plat One, Woodside Estates, Apple Valley Square 5th; Lots 5-7, Block 5, and Lots 1-3 and 6-8, Block 4, Valley Commercial Park 2nd; and Lots 1-6, Block 2, Apple Valley Industrial Park 2nd Addition Replat. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, receiving notice that Police Chief Rivers has nominated Kent Switzer as a candidate for Police Officer of the Year to be selected by the Minne- sota Chiefs of Police Association. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, granting a variance on Lots 3 and 4, Block 1 Carrollwood 6th Addition, two allow two multiple dwelling buildings to be built with 35-foot setbacks from the street as recommended by the Planning Commission. Ayes - 3 - Nays ~ 0. SETBACK VARIANCE LOTS 3 & 4, BLK 1, CARROLLWOOD 6 MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit for an addition to Christus Victor Lutheran Church on Outlot 2, Palomino Hills 2nd, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. CHRISTUS VICTOR CHURCH EXPANSION BLDG. PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1987 Page 2 MOTION: of Goodwin, seconded by Humphrey, authorizing placement of Car Care Service Center's pylon sign on Dakota Electric's property, adjacent to Lot 1, Block 1, Galaxie Park 2nd, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing submitting the Environmental Assessment Worksheet for Huntington Subdivision to the Environmental Quality Board for publication in the EQB Monitor. Ayes - 3 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of Valley Way Village 5th Addition for 74 multiple residential dwelling units, as recommended by the Planning Commission, and directing Staff to prepare a development agreement for consideration. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 4 to the contract with J. P. Norex for Project 86-257, Fischer Pond Construction, in the amount of a $36,861.77 deduct. Ayes - 3 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, approving a Joint Powers Agreement with the Cities of Burnsville, Eagan, Lakeville and Rosemount for joint bidding of traffic markings, street sweeping and seal coating and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION of Goodwin, seconded by Humphrey, passing Ordinance No. 378 amending City Code Section 1-23, development fees for public improvements for 1987. Ayes - 3 - Nays - 0. MOTION of Goodwin, seconded by Humphrey, approving hiring the vari- ous parttime employees as listed in the Personnel Director's memo dated February 9, 1987. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of January 20th, 1987, as written. Ayes - 3 - Nays - O. MOTION of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of January 22nd, 1987, as written. Ayes - 3 - Nays - 0. MOTION of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of January 29th, 1987, as written. Ayes - 3 - Nays ~ O. CAR CARE SERVICE SIGN PI.ACEMENT SUBMIT HUNTING- TON EAW TO EOB PRELIMINARY PLAT VALLEY WAY VILLAGE 5TH CHANGE ORDER 4 PROJ. 86-257 JOINT POWERS TRAFFIC MARKING, SWEEPING, ETC. ORDINANCE 378 DEVELOPMENT FEES HIRE PARTTINE EMPLOYEES JAN. 20, 1987 MINUTES JAN. 22, 1987 MINUTES JAN. 29, 1987 MINUTES CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1987 Page 3 Acting Mayor Savanick 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. AUDIENCE DISCN. Steve Mattson, of Juran & Moody, was present to review a "Guaranteed JOINT BOND POOL Investment Contract" (GIG) project with the Council as initially dis- FINANCING cussed January 8, 19871 This is a joint bond pool project using the proceeds of securitized development revenue bonds. At this time the Cities of Big Lake, Cannon Falls, Chaska, Faribault, Little Canada, Prior Lake, Shoreview and Waite Park and Fillmore County are tentatively joining the pool. A meeting is scheduled for February 24, 1987, with staff members from the various cities to discuss more details of the project. He requested the Council set a hearing on the proposal for further consideration. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-22 setting a public hearing for March 12, 1987, at 8:00 p.m. on a proposal to jointly establish a fund, with other cities, in the aggregate principal amount of $300,000,000 to undertake and finance revenue producing projects under Minnesota Statutes Chapter 474 and Section 471.59. Ayes - 3 - Nays - 0. RES. 1987-22 SET HEARING ON JOINT BOND POOL Bill Smith, Gary Embretson and Tom Parker, of School District 196, SCHOOL DISTRICT were present and reviewed the Schools capital improvement program BOND REFERENDUM and upcoming bond referendum with the Council. Mr. Smith reviewed INFORMATION the process and alternatives considered in arriving at a decision to hold the referendum. The election will be March 10, 1987, on a question authorizing a total of $47,516,000 for a new high school, middle school and elementary school; renovation of Rosemount Middle School and the District Stadium; and additional site acquisition. Mr. Parker, co-chair of a volunteer committee "Citizens for Schools", also spoke encouraging public support for the bond issue. John Natwick, Jr., reviewed plans for Hayes Community Center construc- HAYES & REDWOOD tion and Redwood Community Center remodeling with the Council. The BUILDING PLANS size of the gym at Hayes has been reduced somewhat and will allow for bleachers on one side only. The building will be sited on tile south side of the present parking lot. Several alternates are being bid on the Hayes project which can be de- ducted to meet budget. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-23 approving plans and specifications for Hayes Com- munity Center construction and authorizing advertising for bids to be received at 2:00 p.m. on March 17, 1987. Ayes - 3 - Nays - O. RES. 1987-23 HAYES BUILDING PLANS & BIDS RES. 1987-24 REDWOOD BUILDING PLANS & BIDS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-24 approving plans and specifications for Redwood Community Center remodeling and authorizing advertisfng for bids to be received at 2:00 p.m. on March 17, 1987. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1987 Page 4 MOTION: of Goodwin, seconded by Humphrey, approving a contract with Westwood Planning & Engineering to provide design services and bid preparation for lighting, irrigation and sewer and water for the eastern athletic complex and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - O. ATHLETIC COMPLEX DESIGN SERVICES A.V. EAST PARK DESIGN SERVICES MOTION: of Goodwin, seconded by Humphrey, approving a contract with Wehrman Bergly Associates to provide design services and bid preparation for initial development of Apple Valley East Park, as included in bond issue funds, and authorizing the Mayor and Clerk to sign the same. Ayes - 3 ~ Nays - O. Mr. Gurban reviewed his memo dated February 9, 1987, concerning Palo- PALOMINO PARK mino Park improvements. This is not a bond issue project, park IMPROVEMENTS dedication funds would be used. The design work would be paired with Apple Valley East Park, but the bids would be independent. Acting Mayor Savanick said she is concerned about the use of park dedication funds for this and would like the contract and funding acted on separately by the Council. MOTION: of Goodwin, seconded by Humphrey, approving a contract with Wehrman Bergly Associates to provide design services and bid preparation for Palomino Park improvements and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - O. PALOMINO PARK DESIGN SERVICES MOTION: of Humphrey, seconded by Goodwin, authorizing payment for PALOMINO PARK Palomino Park consultant services from park dedication funds. SERVICES PAYMENT Acting Mayor Savanick said she would like to see a budget on where park dedication funds are being spent and a plan for these expenditures before approving this expenditure. Councilmember Humphrey said perhaps the Council should have a periodic accounting of the funds including where it is anticipated they will be used and what additional funds are expected. Mr. Gurban said he could provide the information by March 1st. Vote was taken on the motion. Ayes - 2 - Nays - 0 (Savanick Abstained). MOTION: of Goodwin, seconded by Humphrey, approving a contract with Wehrman Bergly Associates to prepare a grading plan for the park property in the Huntington Subdivision at a cost not to exceed $1,900.00 and authorizing the Mayor and Clerk to sign the same. HUNTINGTON PARK GRADING PLAN Councilmember Humphrey asked if there would be any cash in lieu of land received for this subdivision? Mr. Gurban said no, the land dedication would satisfy the requirements. The developer will do the grading work at its expense; however the City needs to supply the plan. Acting Mayor Savanick noted this motion does not specify which funds will be used to pay for the services. Vote was taken on the motion. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1987 Page 5 MOTION: of Goodwin, seconded by Humphrey, granting a special use SPECIAL USE permit to Robert Velander for a temporary garden store on GARDEN STORE Menard's property from April 1 to July 1, 1987, subject to meeting a minimum building setback of 40 feet from Cedar Avenue and keeping the display area neatly maintained and free of litter. Councilmember Humphrey said he would like the setback to be as far from Cedar as possible. He does not agree with this temporary use when it could be done on a permanent basis and he would like the full Council to consider this. MOTION: of Humphrey, seconded by Savanick, tabling this item until February 26, 1987. Ayes - 2 - Nays - 1 (Goodwin). TABLE MOTION Consideration of a permit for consumption and display of intoxicating liquor at the Minnesota Zoological Garden was tabled. Ms. Boland reviewed a draft of the 1987 personnel plan with the Coun- cil. She also presented three options for comparable worth implementa- tion for the Council to consider. PERSONNEL PLAN RES. 1987-25 ADOPT 1987 PERSONNEL PLAN SIGN VARIANCE A.V. COMMONS/ VALLEY NATL BANK MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-25 approving the City's Personnel Plan for 1987 with Option "B" (1986 line plus three percent minimum increase of three percent) and adding the language "equals or" to the last paragraph of Appendix J. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, granting a sign variance for Valley National Bank and Apple Valley Commons at 7300 West 147th Street for two signs, each 120 square feet in size, which would comply with the proposed new sign ordin- ance; subject to a written guarantee, supported by $1,000 cash or letter of credit, that the existing illegal sign will be removed by July 1, 1987, as recommended by the Planning Commission. Acting Mayor Savanick said she would like this held until the full Council is present and expressed concern about passing something based on a new sign ordinance which has not yet been approved. Tom Smullen, of Valley National Bank, was present and said he has a check for $1,000 from Apple Valley Commons to guarantee removal of the existing sign. Councilmember Humphrey said he agrees with removal of the illegal sign, but believes it can be relocated to function appropriately. MOTION: of Savanick, seconded by Humphrey, tabling this item until February 26, 1987. Ayes - 3 - Nays - 0. TABLE MOTION RES. 1987-26 PROJ. 87-262 PLANS & BIDS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-26 approving plans and specifications for Project 87- 262, Summerfield Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on March 10, 1987. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1987 Page 6 MOTION: of Humphrey, seconded by Goodwin, accepting the resignation of Denis LaComb from the Planning Commission effective immediately and thanking him for his service. Ayes - 3 - Nays - O. LA COMB PLANNING RESIGNATION Acting Mayor Savanick said she would like notice of the vacancy publicized by the newspapers and applications for the position should be submitted by February 24, 1987. The Council will be considering commission and committee appointments at its meeting of February 26, 1987. Consideration of Greenleaf Park Estates final plat was tabled. Consideration of hiring a Police Receptionist/Typist was removed from the agenda. MOTION: of Goodwin, secondad by Humphrey, authorizing construction of a garage six feet into the sideyard utility easement at 840 Whitney Drive. Ayes - 3 - Nays ~ 0. EASEMENT CONST. 840 WHITNEY DR. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 53053 through 53149, 53159 through 53204 and 53207 through 53270, in the total amount of $2,999,573.05. Ayes - 3 - Nays - O. CLAIMS & BILLS MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes ~ 3 - Nays - 0. The meeting was adjourned at 10:16 o~clock p.m.