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HomeMy WebLinkAbout02/26/1987CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 26th, 1987, 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: 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. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Savanick, approving the agenda for tonightfs meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA CHG. ORD. 7 & 9 CENTRAL GARAGE VARIANCE 391 CIMARRON RD. BLDG. PERMIT SO. SUBURBAN EV. FREE CHURCH RES. 1987-27 PLAT WAIVER MOTION: of Holton, seconded by Goodwin, removing 1987 State Aid Street designations from the agenda and approving all remaining items on the consent 'agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving Change Order No. 7, add $11,844.00, and No. 9, add $1,275.00, to the contract with Shaw Lundquist for the Central Maintenance Facility construction. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a variance to allow construction of a house to within 20 feet of the front lot line on Lot 3, Block 2, Palomino Hills 1st Addition (391 Cimarron Road), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit to South Suburban Evangelical Free Church for an expansion on Lots 1 and 9, Block 1, Sunshine Estates, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 27 granting a waiver of platting to combine Lots 1 and 9, Block 1, Sunshine Estates, into one parcel of record as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 28 receiving the preliminary engineering report for Project 87-264, Huntington Subdivision Utility Improvements, and setting a public hearing on it at 8:00 p.m. on March 26, 1987~ Ayes - 5 - Nays - 0. RES. 1987-28 SET HEARING PROJ. 87-264 CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1987 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 29 approving the final plat and development agreement for Delaney Park Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 30 approving the final plat and development agreement for Greenleaf Park Estates and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1987-29 FINAL PLAT DELANEY PARK 3RD RES. 1987-30 FINAL PLAT GREENLEAF PK.EST FINAL PAYMENT PROJ. 85-230 RES. 1987-31 "HAPPENINGS" CLAIM SETTLEMENT CLASSIFY TAX FORFEIT PROPERTY RES. 1987-32 PURCHASE POLICE LEKTRIEVER FILE LEGION GAMBLING LICENSE RENEWAL FEB. 12, 1987 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Goodwin, accepting Project 85-230, Well No. 11 Pumping. facility, as final and authorizing final payment on the contract with Richmar Construction in the amount of $5,429.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 31 authorizing settlement of the claim against Lee William Enterprises, Inc., "Happenings Coupon Book" and accepting a payment of $2,000.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving classification of part of Outlot 2, Apple Valley 3rd Addition, and Outlot 1, Apple Valley 10th Addition, as non-conservation for tax forfeit sale purposes. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 32 authorizing the expenditure of $13,929.48 to purchase a Lektriever automated file for the Police Department from Mid- America Business Systems. Ayes 5 - Nays ~ O. MOTION: of Holton, seconded by Goodwin, receiving the 1987 renewal application of Apple Valley American Legion Post 1776 for a Class A Gambling License from the Minnesota Charitable Gambling Control Board. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, approving the Minutes of the regular meeting of February 12th, 1987, as written. Ayes - 3 - Nays - 0 (Branning and Holton 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. Shari Riley, a Leader, and members of several Apple.Valley Girl Scout Troops were present to acknowledge Girl Scout week. MOTION: of Savanick, seconded by Holton, proclaiming March 7 to 14, PROCLAIM GIRL 1987, as Girl Scout Week in Apple Valley and recognizing the SCOUT WEEK 75th Anniversary of Girt Scouting. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1987 Page 3 Mayor Branning called the public hearing to order at 8:12 p.m. on Pro- PUBLIC HEARING ject 85-228, 132nd Street Construction between Cedar and Galaxie PROJ. 85-228 Avenues. This hearing was continued from November 25, 1986. Mr. 132ND STREET Gordon reviewed the project which will include utilities. Water and sewer laterals would be installed in the street and stubbed to property lines. A meet- ing was held February 24, 1987, with area residents to review the improvements and proposed assessments. Mr. Gretz distributed a proposed assessment roll providing for assessments to be spread over 15 years. It is also proposed that non-developing property would be eligible for a 15-year deferment on the utility assessments; street assessments would not be deferred. The deferment would end if property is subdivided, connection is made to water and sewer or the 15 years expires. Interest on the deferred amount would commence when the deferment ends. The Mayor asked for questions or comments. Steve Wachter asked how the assessment would apply if property is sold. Mr. Gretz said if the property is sold and not subdivided, the deferment would continue. There being no further questions or comments the hearing was declared closed at 8:20 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-33 ordering installation of Project 85-228, 132nd Street Construction between Cedar and Galaxie Avenues. RES. 1987-33 ORDER PROJ. 85-228 Hank Myers questioned instalIation of utility laterals. Mr. Gordon said they will be installed in the street, but the cost will be deferred for property meeting the criteria. Property owners will be contacted as to locations for the service stubs. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 34 directing the City Engineer to prepare plans and specifications for Project 85-228. Ayes ~ 5 - Nays - 0. RES. 1987-34 PLANS & SPECS. PROJ. 85-228 Mark Flaten, of American Risk Services, was present and reviewed his INSURANCE report dated February 12, 1987, comparing 1987 and. 1986 insurance RENEWAL REPORT coverages with the Council. He said additional umbrella liability coverage is available, but it would exclude liquor liability. Jim Morrisey was also present and Mr. Flaten suggested Mr. Morrisey check the market for a buffer layer on liquor. The Council requested Mr. Morrisy to provide the information. Councilmember Humphrey said he would like to discuss the additional insurance and premiums further at the March 5, 1987, informal meeting before making.a decision. 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 new sign ordinance; with erection contingent upon simultaneous removal of the existing illegal ground sign.~ Ayes - 5 - ~ays - 0. SIGN VARIANCE VALLEY NATL BANK A.V. COMMONS CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1987 Page 4 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 35 granting a special use permit to Robert Velander for a temporary garden store, with signage limited to one 2' x 20' cloth banner and one 4' x 8' plywood sign, on Menard's property from April 1 to July 1, 1987, subject to meeting a minimum building setback of 40 feet from Cedar Avenue and complying with all terms and maintaining the area as provided in the lease agreement with Menard's. RES. 1987~35 GARDEN STORE SPECIAL USE AT MENARD'S Mr. Velander was present and explained his proposal to the Council. The Mayor said some temporary uses have previously been denied and asked whether approval could be construed as precedent? Mr. Sheldon said this proposal has included specific information about the operation and there is a third party agreement placing additional requirements on it. Councilmember Humphrey said he still has concerns about this type of temporary use. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a permit for con~ sumption and display of intoxicating liquor at the Minnesota Zoological Garden and authorizing its transmittal to the Minnesota Liquor Control Division. Ayes - 5 - Nays - 0. Keith Wehrman reviewed plans for Palomino Park and Apple Valley East Park grading and seeding. The estimate for Palomino Park is $30,000 with $4,000 for seeding and the estimate for Apple Valley East Park is $71,500 with $16,000 for seeding. Mr. Wehrman said the ponding area at Apple Valley East Park should not be affected by the regrading. The Council asked Mr. Gordon to. review the drainage plans. ZOO SET-UP PERMIT PALOMINO/A.V. EAST PARK PLANS Mr. Gurban said play equipment for Palomino Park was purchased last year and is avail- able to be installed. Improvements for Apple Valley East Park were included in the park bond issue. Palomino Park improvements would be paid by park dedication funds. Greg Kopischke, of the Park Committee, and Connie Schied, a resident of the Palomino Park area, were also present. MOTION: of Goodwin, seconded by Molton, adopting Resolution No. 1987- 36 approving plans and specifications for Palomino and Apple Valley East Parks Grading and Seeding an4 authorizing adver- tising for bids to be received at 2:00 p.m. on March 31, 1987. Ayes 5 - Nays - 0. RES. 1987-36 TAKE BIDS PARK GRADING ATHLETIC COMPLEX DESIGN SERVICES MOTION: of Goodwin, seconded by Holton, approving a contract with Westwood Planning & Engineering to provide design services and bid preparation for fencing, sodding and seeding for.the eastern athletic complex and authorizing the Mayor and Clerk to sign the same. Mayor Branning asked what the fees are for these services? Mr. Gurban said six and one- half'percent of the bid and other work at the hourly schedule included with the' contract. The Mayor asked that in the'future the Council be apprised of such contracts and fees before they are presented for approval. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1987 Page 5 Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on Carrollton Es- CARROLLTON EST. tares 3rd Addition preliminary plat. Lot 4, Block 2, does not meet 3RD ADDITION the minimum lot standards because of its irregular shape. Because the PRELIMINARY PLAT future alignment of 147th Street may have to be adjusted, it is being platted as Outlot G. Mayor Branning said timing of 147th Street construction should be addressed in the development agreement. Councilmember Savanick said it should be constructed as soon as possible and signals at 147th and Pennock will also have to be addressed. MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Carrollton Estates 3rd Addition, as recommended by the Planning Commission, and'directing preparation of a development agreement. Ayes - 5 - Nays - O. CARROLLTON 3RD PRELIMINARY PLAT John Voss, of Urban Planning & Design, was present and reviewed pro- ZOO AREA posed Comprehensive Plan Amendments on property located west of Johnny COMP. PLAN Cake Ridge Road between the Zoo and Trunk Highway 77. The existing AMENDMENTS Comprehensive Plan designations are Open Space on the west half of the property and Visitor Business on the east. The amendments requested are to change Open Space to Single Family Residential (Shadow Estates) and Visitor Business to Convenience Center and Multiple Residential (Zoo Gate). The amendments have been discussed with Metropolitan Council staff. After the Metropolitan Council has reviewed the amendments and a determination made, they would be returned to the City for approval. MOTION: of Humphrey, seconded by Goodwin, referring the proposed Comprehensive Plan amendments for "Shadow Estates" and "Zoo Gate" to the Metropolitan Council as recommended by the Planning Commission. REFER ZOO AREA TO MET. COUNCIL Councilmember Savanick asked about the proposed convenience center. Mr. Voss said there would be two lots. Access for the convenience center lot would be from Johnny Cake. The other lot would be multiple residential. A frontage road along the north side of Trunk Highway 77 will not be required as originally proposed. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, referring the proposed Apple Ponds development, located east of Cedar and north of 160th Street, to the Planning Commission to actively discuss alternatives for the plat problems of street alignment, park and ponding dedication and lot size. REFER APPLE PONDS TO PLANNING COM. Mr. Voss said the subdivision ordinance has a provision where the Planning Commission can report to the Council and that is the purpose of Mr. Kelley's memo of February 26, 1987. This development is being delayed because rezoning on property located north of it is also being considered and thel Planning Commission was questiohing whether the Council Wanted a joidt work session on policy issues.. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1987 Page 6 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-38 approving the revised Comprehensive Storm Sewer Plan for the City dated December 15, 1986, prepared by Bonestroo, Rosene, Anderlik & Associates, Inc. Ayes - 5 - Nays - O. RES. 1987-38 COMP. STORM SEWER PLAN MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 37 approving specifications for Project 86-265, Well No. 3 Pump Repair, and authorizing advertising for bids to be re- ceived at 2:00 p.m. on March 10, 1987. Ayes - 5 - Nays - O. RES. 1987-37 TAKE BIDS PROJ. 86-265 The Council reviewed the 1987 Sewer and Water Fund Operating Budget. Councilmember Savanick asked whether a small rate increase should be considered now so increases would be gradual? Staff will review and it was noted a $.12 per thousand gallon increase is projected January 1, 1988, for water treatment plant purposes. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1987-39 approving the 1987 Sewer and Water Fund Operating Budget with revenue of $1,832,705 and expenditures of $2,083,747. Ayes - 5 - Nays - 0. RES. 1987-39 1987 SEWER & WATER BUDGET The Council received Mr. Gurban's memo dated February 23, 1987, con- PARK DEDICATION cerning park dedication funds. He also distributed an expense/revenue FUNDS REPORT summary through June 30, 1986. Mayor Branning said he would like some time to review these items and would then like to have it on a future agenda or discussed at an informal meeting. Councilmember Humphrey said he has contacted the members of the Plan- COMMISSION & ning Commission whose terms expire March 1st and they all expressed a COMMITTEE desire to be reappointed. There is a vacancy for a one-year term and APPOINTMENTS Mr. Thorberg said he would prefer the one year appointment instead of another three-year term. The Council also received a memo dated February 19, 1987, from Mr. Gurban concerning consolidation of the Park and Historical Committees. The Council agreed to hold action on these items until March 12, 1987. Councilmember Humphrey distributed an outline of a proposal to estab- COUNCIL LIAISONS lish Council liaisons with various City departments by functions: i.e., planning, enterprise operations, maintenance and enforcement Each Councilmember would be assigned one of the areas and the Mayor would have personnel, finance, economic development and be intergovernmental liaison. This would require Staff to work with two or three Gouncilmembers rather than one with the current arrangement. Councilmember Goodwin said the functional areas seem appropriate, however, the member with the plan- ning function may have an overload of work compared to some of the other areas. The Council agreed the concept should be discussed further at its informal meeting on March 5, 1987. MOTION: of Humphrey, seconded by Holton, setting a special meeting at · 8:00 p.m. on March 5, 1987, to consider Acquisition of a library/government center site, City expense reimbursement : policy and such dther items as may come before the Council. Ayes - 5 -. Ways - O. SET SPECIAL MEETING CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1987 Page 7 MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 53279 through 53347, 53357 through 53400 and 53403 through 53459, in the total amount of $6,347,970.14. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays The meeting was adjourned at 10:38 ofclock p.m.