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HomeMy WebLinkAbout04/09/1987CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 9th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, and Savanick (attended at 8:09 p.m.) ABSENT: Councilmember Humphrey. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Recreation Supervisor Johnson, City Planner Kelley, Assistant? Administrator Lawell, Planning Assistant McMonigal and Police Chief Rivers. 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 Goodwin, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 3 ~ Nays - 0. APPROVE AGENDA MARCH 26, 1987 MINUTES MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of March 26th, 1987, as written. Ayes ~ 3 Nays - 0. Mayor Branning asked if any one was present to address the Council at AUDIENCE DISCN. this time on any item not on this meeting's agenda. Dan Shaw and Phil CARROLLTON 1ST Hoover, residents of Carroltton Estates 1st Addition, were present and DRAINAGE PROBLEM advised there are drainage problems with their property. Mr. Gordon said the developer had graded the drainage swale at one time, but it is flat now either due to construction or erosion. Richard Winkler, the developer, was present and said the builder did not regrade the lots per the grading plan when construction was completed. If the property owners will give him written permission to go on their property, he will have the regrading done now. Mr. Gordon said the City still has a subdivision bond to guarantee completion of the work so if it is not completed the City has the means to complete it. The property owners agreed to have Mr. Winkler do the regra~ing and the City will inspect the work. (Councilmember Savanick attended during this time.) Pamela Gorres, 13600 Havelock Trail, was present and said there are CAUTIONARY SIGNS many children in her neighborhood and there are no signs denoting HAVELOCK TRAIL that. This area is at the top of a hill and is not visible to vehi- cles. She asked whether some type of signage could be installed on both sides of the hill? The Mayor asked the Police Chief to look at the area and make a recommendation at the April 23, 1987, meeting. MOTION: of Savanick, seconded by Goodwin, removing a shoreland set- back variance to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA 1986 POLICE ANNUAL REPORT CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Goodwin, receiving the 1986 Police Department Annual Report. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1987 Page 2 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-69 approving the final plat and development agreement for Carrollton Estates 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. RES. 1987-69 CARROLLTON 3RD FINAL PLAT RES. 1987-70 PINEGREST TOWN- HOMES FINAL PlAT PINECREST BUILDING PERMITS RES. 1987-71 HUNTINGTON NEGATIVE EAW RES. 1987-72 SET HEARING PROJ. 87-267 CHANGE ORDER 5 PROJ. 86-257 FISCHER POND HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-70 approving the final plat and development agreement for Pinecrest Townhomes and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, authorizing issuance of building permits for 32 townhouse dwelling units in Pinecrest Townhomes, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-71 making a negative declaration on the need for an Environmental Impact Statement for the development knovrn as "Huntington". Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-72 receiving the preliminary engineering report for Project 87-267, The Oaks of Apple Valley III 2nd Addition Improvements, and setting a public hearing on it at 8:00 p.m. on May 14, 1987. Ayes ~ 4 - Nays -0. MOTION: of Savanick, seconded by Goodwin, approving Change Order No. 5 to the contract with J. P. Norex, Inc., for Project 86-257, Fischer Pond Construction, in the amount of an additional $2,725.00. Ayes - 4 - Nays - Oo MOTION: of Savanick, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated April 6, 1987. Ayes - 4 - Nays -0. END OF CONSENT AGENDA Councilmember Holton questioned whether the lot on Pilot Knob is large GLEWWE HOUSE enough to be built upon if a variance is necessary. Mr. Kelley said VARIANCE the Planning Commission believed the house should maintain the setback from Pilot Knob and allow it to be closer to the pond. The elevation at which the house would be built with the variance is three feet above the normal high water mark. MOTION: of Goodwin, seconded by Branning, granting a shoreland setback variance on part of the Southwest Quarter of the Northwest Quarter of Section 24 to allow construction of a house to within 25 feet of the ordinary high water mark as recommended by the Planning Commission. SHORELAND SET- BACK VARIANCE Mayor Branning said the individuals building a house this close to a pond and Pilot Knob Road should be aware of potential future problems with noise and pond levels. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1987 Page 3 Vote was taken on the motion. Ayes - 4 - Nays Mayor Branning called the public hearing to order at 8:22 p.m. to con- PUBLIC HEARING sider vacating a drainage and utility easement on Lot 9, Block 1, EASEMENT VACATN. Bor-Nel, and noted receipt of the affidavit of publication of the hear- ing notice. Tha lot is being replatted as part of Pennock Shores 2nd Addition and the easement is not needed. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:23 p.m. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 73 completing vacation of a drainage and utility easement on Lot 9, Block 1, Bor-Nel, and authorizing filing documents with the County. Ayes - 4 ~ Nays - 0. RES. 1987-73 BOR-NEL EASEMENT VACATION MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1987-74 accepting the offer of the Rotary Club of Apple Valley to sponsor a "Spring Clean Up Day" on May 2, 1987, the County Road 42/Cedar Avenue area and recognizing all participants as City volunteers for the associated activities. Ayes - 4 - Nays - 0. RES. 1987-74 ROTARY SPRING in CLEAN UP DAY Mayor Branning read and signed a proclamation proclaiming May 7, 1987, PROCLAIM NATIONL to be "National Day of Prayer". He will be attending a Mayors~ Prayer DAY OF PRAYER Breakfast on that day in support of it organized by the state committee. MOTION: of Goodwin, seconded by Holton, receiving and approving a letter dated April 5, 1987, from Richard Winkler requesting an extension of the review period for the proposed "Apple Pond South" development under Minnesota Statutes 462.358, Subd. 3.B. Ayes - 4 - Nays - 0. TIME EXTENSION APPLE POND SOUTH RES. 1987-75 DENY GAMBLING LICENSE MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-75 denying the application of Yellow Bird Athletic Association, Inc., for a State gambling license at R. Berry's, 7721 West 147th Street. Mr. Sheldon advised the Council that State law allows the Council to deny gambling license applications, but does not specify a basis for denial. He would recommend the reason for denial be stated for the record. Mayor Branning said he would like to have an ordinance enacted containing requirements for a license in the City, but it should not be applied to this application. Councilmember Savanick agreed there should be an ordinance and said she does not believe it was the intent of State law to allow gambling in liquor establishments. Councilmember Holton said the application should be denied because the application is not from a local organization; the proceeds would not be spent locally and the rent to be paid for leasing the premises is of an amount that would appear to be a diversion of profits from the lawful purposes allowed. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning). CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1987 Page 4 The Council reviewed the City Clerk's memo dated April 6, 1987, and a draft ordinance regulating gambling. The Council also received suggested language for additional regulations drafted by the City Attorney. MOTION: of Holton, seconded by Goodwin, passing an ordinance amending Chapter 14 of the City Code by providing specific conditions for and local regulation of State-licensed gambling in the City. CONSIDER GAMB- LING ORDINANCE MOTION TO REFER TO URBAN AFFAIRS MOTION: of Savanick, seconded by Branning, tabling consideration of a gambling ordinance and referring it to the Urban Affairs Com- mittee for study and recommendation. Ayes - 2 (Branning and Savanick) - Nays ~ 2 (Goodwin and Holton). Motion Failed. Vote was taken on the original motion. Ayes - 2 (Goodwin and Holton) - Nays - 2 (Branning and Savanick). Motion Failed. Mr. Kelley reviewed the Planning Commission report on a preliminary plat for three commercial lots on property south of County Road 42 be- tween Galaxie and Foliage Avenues. C & D PLAT C & D PROPERTIES PRELIMINARY PLAT MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of C & D Properties, located south of County Road 42, as recommended by the Planning Commission, and directing Staff to prepare a development agreement. Mayor Branning said he would like to see what buildings are proposed before the plat is approved at least a plan for the first building and concepts for the other buildings. MOTION: of Holton, seconded by Savanick, tabling consideration of the preliminary plat until building plans are presented. Ayes - 4 - Nays - 0. TABLE C & D PRELIMINARY PLAT ORDINANCE 382 REZONE FOSTER~S ADDITION FOSTER~S ADDN. PRELIMINARY PLAT PREPARE ENG. REPORT FOR FOSTER'S ADDN. PERKINS SETBACK VARIANCE MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 382 rezoning Government Lot 1 and part of 2, in Section 10, located at the northern boundary of the City between Galaxie Avenue and Safari Pass, from Agriculture to R-lC as recom- mended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Savanick, approving the preliminary plat of Foster's Addition, for three single family home lots, as recommended by the Planning Commission and directing Staff to prepare a development agreement. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, directing the Engineer to prepare a preliminary feasibility report for public improve- ments to serve Foster's Addition. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting a resolution denying a setback variance from County Road 42 for an addition to Perkins Restaurant as recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1987 Page 5 Mayor Branning said there is deep boulevard area along County Road 42 and he does not believe an addition to the restaurant would affect sight distance at the Cedar intersection. Mr. Kelley said the Planning Commission recommended against it because the Perkins building had already received a variance when it was built and is now the closest structure to County Road 42 in that area. They had indicated the addition could be put on the west side of the building, but would be more expensive. The County does not have any restrictions requiring the setback. Vote was taken on the motion. Ayes - 1 (Holton) - Nays - 3 (Branning, Goodwin and Savanick). Motion Failed. MOTION: of Holton, seconded by Savanick, granting a setback variance to allow construction to within 29 feet of the lot line along County Road 42 for an addition to Perkins Restaurant on Outlot C, Apple Valley Square Addition. Ayes - 4 - Nays - 0. GRANT PERKINS VARIANCE REVISED SIGN ORDINANCE AMEND URBAN PLANNING' S FEES Mayor Branning said since Councilmember Humphrey had been involved in drafting the new sign ordinance and he was not present, it would be tabled until April 23, 1987. MOTION: of Savanick, seconded by Holton, amending the agreement with Urban Planning & Design, Inc., dated December 11, 1987, with a revised fee schedule, attached as Exhibit A, effective May 1, 1987. Ayes - 4 - Nays - 0. Randy Johnson reviewed the bids received for Apple Valley East and BIDS FOR PARK Palomino Park Improvements. KeithWehrman, the landscape architect, IMPROVEMENTS and Greg Kopiscke, of the Park Committee, were also present. Mr. Wehrman said he would recommend accepting both base bids but only the seeding work at Palomino Park. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 76 awarding the contract for park improvements to Reisinger Excavating, Inc., the low bidder, for the base bid amount of $42,609.00 at Apple Valley East Park and the base bid of $38,269.00 and seeding alternate of $7,500.00 at Palomino Park with the $42,769.00 for Palomino Park to be paid from Park Dedication Funds. Ayes - 4 - Nays - 0. RES. 1987-76 AWARD A.V. EAST & PALOMINO PARK CONTRACT Randy Johnson reviewed the request for use of neighborhood parks for NEIGHBORHOOD organized activities as contained in the Park Directorrs memo dated PARK USAGE April 6, 1987. Mayor Branning said he has received complaints about parking on neighborhood streets in the area of the High School and Moeller Park and asked what could be done about the problem. Councilmember Savanick said parking prob- lems in the High School area should be addressed to the School Board. She also said lack of restroom facilities and drinking fountains have been problems there. Mr. Johnson said these issues have been discussed with organizations conducting activities in the City parks and would be done again. The Mayor suggested also working with the on-duty Police Officers when necessary. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1987 Page 6 MOTION: of Savanick, seconded by Holton, authorizing use of the parks for organized activities by Scott Highlands Middle School and Valley Athletic Association as contained in the Park Director's memo dated April 6, 1987. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Savanick, accepting the resignations of Dave Reif and Lynn Miller from the Park Committee. Ayes 4 - Nays - O. AUTHORIZE PARK USAGE PARK COMMITTEE RESIGNATIONS The Council agreed the question of Park/Historical Committee combination needs to be addressed before making a decision on filling the vacancies. MOTION: of Holton, seconded by Savanick, approving a temporary on- sale liquor license for the Minnesota Zoological Garden for an after-hours function on June 6, 1987, and forwarding the application to the State Liquor Control Commissioner.. Ayes 4 - Nays - 0. ZOO TEMPORARY LIQUOR LICENSE RES. 1987-77 AMEND 1987 PERSONNEL PLAN PERSONNEL DECISIONS AGRMT. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-77 amending the 1987 Personnel Plan, as adopted by Resolution No. 1987-25, by establishing 1987 salaries for Schedule III and IV employees retroactive to the first pay period of January, 1987. Ayes - 4 - Nays - O. MOTION: of Savanick, seconded by Goodwin, approving a letter of agreement with Personnel Decisions, Inc., for continuing job analysis and evaluation and pers6nnel consulting services. The Council questioned what type of consulting services would be used beyond occupational analysis questionnaire processing and time-spent profile revisions? Ms. Boland said this is the only part of the service she would anticipate using. MOTION: of Goodwin, seconded by Savanick, amending the above motion by approving the agreement for occupational analysis questi- onnaires and time spent profiles only. Ayes - 4 - Nays - O. AMEND AGREEMENT RES. 1987-78 OPPOSE WINE IN GROCERY STORES RES. 1987-79 OPPOSE UNIFORM ELECTION DAY Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1987-78 opposing House File 1342 which would require cities to issue off-sale licenses allowing general food or grocery stores to sell wine. Ayes - 4 - Nays - O. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-79 opposing Senate File 1341 which would establish a uniform local government election day in odd-numbered years and provide for school district elections to be conducted at the same time. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1987 Page 7 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-80 opposing Senate File 1335 and House File 1336 which would allow counties veto authority over the inclusion of a portion of a property's assessed value in a tax increment financing district. Ayes - 4 - Nays - 0. RES. 1987-80 OPPOSE T.I.F. RESTRICTION OPPOSE CANDIDATE REPORTING RES. 1987-81 AMEND DEPOSIT COLLATERAL ADMINISTRATOR RECRUITMENT CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, opposing Section 2 (211A.02), subd. 1, of Chapter 210A which would require additional financial reporting by candidates for local government office. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 81, amending Resolution No. 1987-3, by authorizing First State Bank of Apple Valley to transfer pledged deposit colla- teral to Marquette Bank of Minneapolis. Ayes - 4 - Nays - 0. Mayor Branning said he has been exploring the use of a consultant for the Administrator recruitment process and will be reporting to the Council in the near future. MOTION: of Savanick, seconded by Goodwin, to pay the claims and bills, checks numbered 53891 through 53981, 53993 through 54006 and 54008 through 54109, in the total amount of $1,289,406.72. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:55 o'clo'ck p.m.