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HomeMy WebLinkAbout03/12/1987CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 12th, 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: City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Community Development Director Gretz, City Planner Kelley, Assistant Administrator Lawell, and Police Chief Rivers. Mayor Branning called the meeting to order at 8:15 p.m. and said the Council had just attended a County Library Board meeting in Eagan. 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 tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA CONSENT AGENDA 1987 GOLF CART LEASE TORNADO AWARE- NESS WEEK CABLE TV ANNUAL REPORT RES. 1987-42 VALLEY WAY 5TH PLAT & AGRMENT RES. 1987-43 PENNOCK SH. 2ND PLAT & AGRMENT RES. 1987-44 BARIBEAU ADDN. FINAL PLAT MOTION: of Humphrey, seconded by Savanick, removing purchase of Police dictation equipment and the Emerald Point 3rd plat from the consent agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Savanick, approving a 1987 lease agreement with Golf Car Midwest for 20 power carts at an annual fee of $12,720.00 and authorizing the Mayor and Clerk to sign the agreement. Ayes ~ 5 - Nays ~ 0. MOTION: of Humphrey, seconded by Savanick, receiving the Police Chief's memo dated March 6, 1987, on Tornado Awareness Week, March 15 through 21, 1987. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, receiving the Cable TV Committee's 1986 Annual Report. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-42 approving the final plat and development agreement for Valley Way Village 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-43 approving the final plat and development agreement for Pennock Shores 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-44 approving the preliminary and final plats of Baribeau Addition, as recommended by the Planning Commission, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1987 Page 2 MOTION of Humphrey, seconded by Savanick, adopting Resolution No. 1987-45 setting a public hearing at 8:00 p.m. on April 9, 1987, to consider vacating drainage and utility easements over Lot 9, Block 1, Bor-Nel. Ayes - 5 - Nays - 0. RES. 1987-45 SET BOR-NEL VACATION HEARING CHANGE ORDERS 10 & 11 CENTRAL GARAGE SETBACK VARIANCE LOT 10, BLK 1, PALOMINO 7TH RELEASE LONG- RIDGE 3RD BOND HIRE PARTTIME EMPLOYEES FEB. 26, 1987 & MARCH 5, 1987 MINUTES AUDIENCE DISCN. MOTION of Humphrey, seconded by Savaniok, approving Change Order No. 10 in the additional amount of $9,574.50 to the Shaw Lund- quist contract and Change Order No. 11 in the additional amount of $100.00 to the Pump & Meter Service contract for the Central Maintenance Facility. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, granting a setback variance to allow construction of a garage addition to within 16 feet of the north lot line on Lot 10, Block 1, Palomino Hills 7th Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, authorizing release of the $600.00 subdivision guarantee for Longridge 3rd Addition. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving hiring the various parttime employees as listed on the City Adminis- trator's memo dated March 9, 1987. Ayes ~ 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of February 26th, 1987, as written, and of the special meeting of March 5th, 1987, as corrected with Councilmember Holton's comments. 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. Steve Mattson, of Juran & Moody, was present and reviewed the Revenue PUBLIC HEARING Bond Pool Project proposed to be undertaken jointly with several other JOINT BOND POOL cities. The proceeds would be invested in a Guaranteed Investment PROJECT Contract (G.I.C.) as support for industrial and commercial development financing. Mr. Mattson said the total proposed is $300,000,000 and approximately two- thirds of the money would be available for 10 to 12 year financing. As Minnesota law stands today, it could not be used for refinancing. As soon as the other cities have completed the hearing process, the bond sale and contracts would proceed. Mayor Branning called the public hearing to order at 8:22 p.m. and noted receipt of the affidavits of publication of the hearing notice. The Mayor asked for questions or comments from the Council and public. Councilmember Savanick asked what interest rate will result for financing? Mr. Mattson said, depending on the credit worthiness of the borrower, 9 1/2 to 10 1/4 percent. The cost of credit enhancement would be included in the rate. To make use of this financing feasible, the money would need to be used CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1987 Page 3 within four years. The Mayor asked for any other questions; there were none and the hearing was declared closed at 8:30 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1987-46 1987-46 giving preliminary approval to a project, in an JOINT BOND POOL amount not to exceed $300,000,000, under the Municipal Indus- PRELIMINARY trial Development Act and the Joint Powers Act; referring the. APPROVAL proposal to the Minnesota Department of Energy and Economic Development for approval; authorizing preparation of neces- sary documents and authorizing execution of the Joint Powers Agreement by the Mayor and Clerk. Ayes - 5 - Nays - 0. The Council received Mr. Lawell's memo dated March 9, 1987, concerning GOODWILL RECYCL- an amendment to the special use permit for Goodwill Industries attend- ING CENTER ed recycling center. The intent was to rotate the center among sites AMENDMENT in Apple Valley, Lakeville and Rosemount which Goodwill now believes would be difficult to manage. The request is for the center to operate fulltime in Apple Valley to which Lakeville and Rosemount have agreed. Erin Ford, of Goodwill Industries, was present to answer questions. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 47 amending the Special Use Permit for Goodwill Industries, approved by Resolution No. 1987-15, by permitting operation of the attended recycling center at Apple Valley Square on a fulltime basis. Ayes - 5 - Nays - 0. RES. 1987-47 AMEND GOODWILL SPECIAL USE PERMIT POLICE MUTUAL AID AGREEMENT FIRE MUTUAL AID AGREEMENT AMEND A.L.F. JOINT POWERS AGREEMENT LAWELL A.L.F. ALTERNATE REP. MOTION: of Holton, seconded by Savanick, approving a new Mutual Aid Agreement for Joint Use of Police Personnel and Equipment among Dakota County and municipalities within the County to include the Metropolitan Airports Commission and authorizing the Mayor and Clerk to sign the same. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Humphrey, approving a Mutual Aid Agreement for Joint Use of Fire Personnel and Equipment, including its Addendum, among Dakota County, municipalities within the County and the Metropolitan Airports Commission and authorizing the Mayor and Clerk to sign the same. Ayes 5 - Nays - 0. MOTION:of Savanick, seconded by Humphrey, approving an Amendment to the Joint Powers Agreement to Provide Ambulance Service among Apple Valley, Lakeville and Farmington, to allow for appoint- ment of alternates for the representatives on the Operating Board and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, appointing Thomas Lawell as Apple Valley's alternate representative to the A.L.F. Ambulance Operating Board. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1987 Page 4 MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 379 amending Article I of Chapter 6 of the City Code by adopting the revised Minnesota State Building Code, including revised fees, and amending City Code Section 1-8 providing for mis- demeanor penalties not to exceed $700 or 90 days or both. Ayes - 5 - Nays - O. ORDINANCE 379 ADOPT REVISED STATE BUILDING CODE & FEES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 48 awarding the contract for Project 87-262, Summerfield 1st Addition Utility Improvements, to American Contracting, low bidder, in the amount of $286,502.80. Ayes - 5 - Nays - 0. RES. 1987-48 AWARD CONTRACT PROJ. 87-262 Award of a Contract for Deep Well No. 3 Pump Repair was removed from the agenda. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 380 amending Appendix A of the City Code by establishing an "NC- 1" zoning district allowing a limited range of retail and service uses to serve a residential neighborhood, as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 380 NEW "NC- 1" ZONING DISTRICT ORDINANCE 381 REZONE OUTLOT C A. V. 11TH MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 381 rezoning part of Outlot C, Apple Valley 11th Addition (980 Garden View Drive), from "NC" to "NC-1 ", as recommended by the Planning Commission. Ayes - 5 - Nays - O. Mr. Kelley reviewed the Planning Commission report on Apple Ponds Sub- APPLE PONDS division, proposed for east of Cedar Avenue and north of 160th Street. COMP. PLAN It would require a Comprehensive Plan amendment and the Planning Com- AMENDMENT mission has recommended denial based on rationale contained in the report. It was noted that approval of a Comprehensive Plan amendment requires a four- fifths majority vote of the Council just as a rezoning does. Richard Winkler, the developer, was present and reviewed the proposal for 275 small-lot single family homes which he would market toward first-time home buyers. The lots would generally have 60-foot frontages and he would propose to limit house size on the lots by covenants. Marshall Oakes, of Frontier Construction, the builder, was present and described similar developments his company has done in other areas and their concept of designing houses to fit the lots. The Council discussed the proposal and the concerns about lack of park facilities and performance standards for this type of development. Bob Erickson, Planning Commission Chair, was present and said the Planning Commission had concluded that any development with less than 70-foot frontage lots should be subject to performance standards to assure an attractive neighborhood will result. The Planning Commission will be working on these standards; however, Mr. Winkler wished to proceed without waiting for completion of this work. MOTION: of Holton, seconded by Goodwin, tabling consideration of the proposal for Apple Ponds Subdivision and directing City Staff to prepare a finding of fact resolution for the purpose of denying it as recommended by the Planning Commission. TABLE & REFER APPLE PONDS FOR FACT FINDING CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 1987 Page 5 The Councilmembers listed several items which would have to be addressed before this plan might be reconsidered: such as: park facilities, not necessarily a seven or eight acre park, but some provision; more of a mixture of small and standard lot sizes; buffer areas along future Galaxie Avenue and 160th S.treet; if the density is lowered on part of the area, how the transition between single and multiple family will be addressed, etc. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-49 appointing George Ballenger as City Treasurer and Resolution No. 1987-50 consenting to the appointment of M. Thomas Lawell as Deputy City Treasurer, both effective March 13, 1987, at 4:30 p.m. Ayes - 5 - Nays - 0. RES. 1987-49 & 1987-50 CITY TREASURER & DEPUTY APPTS. RES. 1987-51 ACTING ADMIN. TABLE COMMITTEE APPOINTMENTS MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-51 appointing John Gretz as Acting City Administrator effective March 13, 1987, at 4:30 p.m. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, tabling commission and committee appointments for discussion at the Council's March 19, 1987, informal meeting. Ayes - 3 - Nays - 2 (Holton and Goodwin). Mr. Gretz reported that the Council attended a meeting with the Dakota LIBRARY SITE County Library Board in Eagan earlier this evening. The Board accepted RECOMMENDATION the library site in Apple Valley (generally north of County Road 42 and west of Galaxie Avenue) for construction of the next County Library. This recommendation will be brought to the County Board at its meeting on March 24, 1987. Purchase of Police Department dictation equipment and items related to Emerald Point 3rd Addition were removed from the agenda. MOTION: of Holton, seconded by Goodwin, approving insurance coverage increases of $1,000,000, each, for Liquor Liability and Umbrella Liability as contained in Mr. Ballenger's memo dated March 11, 1987. Ayes - 5 - Nays - 0. LIABILITY INSUR- ANCE LIMIT INCREASES Councilmember Humphrey asked that the City Attorney and Insurance Consultant review what the City's risks are, which ones might be assumable, in what cases minimum insurance coverage would be appropriate and report back to the Council at an informal meeting. The Council concurred and asked for the report in 60 days. MOTION of Go0dwin, seconded by Holton, to pay the claims and bills, checks numbered 53581 through 53687, in the total amount of $2,452,018.4~. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays The meeting was adjourned at 10:08 o~clock p.m.