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HomeMy WebLinkAbout06/25/1987CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 25th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 8:14 p.m.). 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, Recreation Services Manager Johnson, City Planner Kelley, Assistant Administrator Lawell, 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 Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA AUDIENCE DISGN. CONSENT AGENDA RES. 1987-129 ZOO POLICE AGREEMENT CHANGE ORDER 1 PROJ. 86-251 FINAL PAYMENT PROJ. 86-257 LEGION TEMPORARY BEER LICENSE 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. MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 129 renewing an agreement with the Minnesota Zoological Garden for Police Services for the period July 1, 1987, through July 1, 1988, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Ceca Utilities for Project 86-251, Eagle Ridge Improvements, in the amount of an additional $3,779.60. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 86-257, Fischer Storm Pond, as final and authorizing final payment on the contract with J. P. Norex in the amount of $46,000.49. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a temporary on-sale 3.2 beer license for American Legion Post 1776 at Hayes Community Center on July 4, 1987. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 130 approving specifications for a Utility Tractor with Cab and Mowers and a Power Sidewalk Sweeper for the Streets RES. 1987-130 TAKE BIDS STREET EQUIP. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1987 Page 2 Department and authorizing advertizing for bids to be received at 2:00 p.m. on July 14, 1987. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwtn, adopting Resolution No. 1987- 131 designating Bear, Stearns & Co. - M. H. Novick & Co. and Edward D. Jones & Co. as additional depositories for City funds. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving renewal of Police Professional Liability Insurance with Markel Company at an annual premium of $17,139.00 effective July 1, 1987. Ayes 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, receiving the May 31, 1987, summary of balances for City Funds. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving the revised final plat and development agreement for Fosters Addition, with two lots and one outlot, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 132 denying the preliminary plat of C & D Properties - Tires Plus for failure to comply with Subdivision Regulations of the City Code. Ayes ~ 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, cancelling the informal City Council meeting of July 2, 1987, and rescheduling it at 8:00 p.m. on duly 30, 1987. Ayes - 4 ~ Nays - 0. MOTION of Holton seconded by Goodwin, amending the Personnel Plan by approving a description for the position of Building Official and authorizing the Personnel Director to proceed with filling the position. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving hiring Charles R. Bengston for the fulltime position of Police Officer effective July 11, 1987, at a monthly salary of $1,739.00. Ayes - 4 - Nays'- 0. MOTION of Holton, seconded by Goodwin, approving promoting Dennis Miranowski to the fulltime position of Building Official effective July 6, 1987, at a monthly salary of $2,500.00. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 133 proclaiming July 4, 1987, "The 21st Annual Apple Valley 4th of July Celebration". Ayes - 4 - Nays - 0. RES. 1987-131 ADDITIONAL DEPOSITORIES POLICE PROF. LIABILITY INS. FUND BALANCE INFOtLMATION FOSTERS ADDITION REVISED PLAT & AGREEMENT RES. 1987-132 DENY TIRES PLUS PLAT AMEND JULY MEETINGS BUILDING OFFICL. POSITION DESC. HIRE BENGSTON POLICE OFFICER MIRANOWSKI BUILDING OFFICL. RES. 1987-133 JULY 4TH PROCLM. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1987 Page 3 MOTION: of Holton, seconded by Goodwin, approving helicopter land- ings, helicopter rides and hot air balloon lift off at Hayes Park on July 4, 1987, as described in the Recreation Services Manager's memo dated June 22, 1987. Ayes - 4 - Nays - 0. HELICOPTERS & HOT AIR BALLOONS HAYES PARK VIDEO GAME LICENSES ADDL FIREWORKS EXPENDITURE MOTION: of Humphrey, seconded by Holton, approving licenses for the 4th of July Committee for video games at Hayes Community Center on July 4, 1987, and waiving fees therefor. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing expenditure of an additional $1,000.00 for 4th of July fireworks, for City funding in the total amount of $7,500. Ayes - 4 - Nays - 0. Tim Erikkla, of Westwood Engineering, reviewed bids received for the EASTERN ATHLETIC Eastern Athletic Complex plumbing and irrigation work and lighting COMPLEX LIGHTING system. The recommendation for lighting does not include soccer & IRRIGATION fields. One of the poles for soccer field lighting would have included lights for the parking lot. Because the soccer field lighting is being eliminated, parking lot lighting will have to be added. (Councilmember Savanick attended during this time.) Councilmember Savanick questioned how soon demand for soccer field usage will necessitate lighting the fields. Mr. Johnson said lighting for one field would cost about $40,000. This item could be added and funds held in reserve for it or considered if funds remain after other work proposed in the park bond issue is completed. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-134 awarding contracts to the low bidders for Eastern Athletic Complex work as follows: Field Lighting - Electric Service Company, $221,645.00; Light Poles - Northland Electric, $43,823.00; Plumbing & Irrigation - Ahlbrecht Landscaping, $76,744.00. Ayes - 5 - Nays - 0. RES. 1987-134 ATHLETIC COMPLEX CONTRACTS RES. 1987-135 SPEED SURVEYS 140TH & PENNOGK MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1987-135 requesting the Minnesota Department of Transpor- tation to conduct surveys for the purpose of determining speed limits on Pennock Avenue between 138th and 140th Streets and on 140th Street between Cedar Avenue and Garden View Drive. Ayes - 5 - Nays - 0. John Voss reviewed the revised proposal for Apple Ponds development, APPLE PONDS located east of Cedar Avenue and north of 160th Street. The small-lot REVISED PROPOSAL single family area has been reduced from 70.7 acres and 247 lots to 44.20 acres and 136 lots. The average lot width is now 76 feet. The ponding area has been moved to the multiple family area in the southwest corner. A 4.7-acre park is proposed east of the preliminary plat area with an option for the City to acquire it prior to that area developing if desired. Prior to acting on the rezoning or preliminary plat, a Comprehensive Plan amendment from D-IV to D-II would be required. The Planning Commission recommended denial until the small lot question has been addressed. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1987 Page 4 MOTION: of Goodwin, seconded by Humphrey, authorizing submitting a Comprehensive Plan Amendment to the Metropolitan Council for the revised Apple Ponds development, at the northeast corner of Cedar Avenue and 160th Street, changing the designation from D-IV to D-II. APPLE PONDS COMP. PLAN AMENDMENT Councilmember Humphrey said he believes smaller lots can add to the diversity of housing in the City in lieu of multiple residential; however, he would like to be sure the same house designs are not repeated too frequently via architectural controls. Counctlmember Holton said he would question what an average four-foot reduction in lot size really provides as far as cost reduction. Councilmember Goodwin said he believes the City should be flexible in the way it develops and encourage diversity. He understands the Planning Commission's concerns over lot size, but any moratorium at this time should not be imposed on this project because it has been under consideration since January. The Mayor concurred and stressed that diversity of architectural features is essential in this type of development. Councilmember Savanick said if the development is going to deviate in lot sizes, the average should still be an 80-foot width unless the ordinance is changed. If single family homes are inexpensively priced, it will be more difficult to sell townhouses and condominiums. Vote was taken on the motion. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 396 rezoning part of the Northeast Quarter of the Northwest Quarter of Section 34, Southport 4th, from Planned Development to General Business as recommended by the Planning Commission. ORDINANCE 396 REZONE AUTO SERVICE CENTER Mike Dorn, of Dom Builders, was present and described the proposed auto service mall; similar to four he has built in Phoenix. It will consist of five buildings on one lot with space leased to individual tenants. The buildings will be constructed of block with stucco and anodized metal parapets surrounding the roofline to provide screening. The Mayor said he would like the developers to be aware he would prefer brick buildings. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of Southport 4th Addition, as recommended by the Planning Commission, and directing preparation of a development agreement. Ayes - 5 - Nays - 0. SOUTHPORT 4TH PRELIMINARY PLAT RES. 1987-136 SOUTHPORT 4TH CONDITIONAL USE MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 136 granting a conditional use permit on Southport 4th Addition for outdoor overnight storage of motor vehicles, not to exceed 20 percent of the surface parking stalls at any one time and not including body-damaged vehicles, as recommended .by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1987 Page 5 MOTION: of Goodwin, seconded by Holton, approving agreements with property owners for deferments of special assessments for utilities related to 132nd Street improvements as listed in the City Attorney's memo dated June 22, 1987, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. 132ND STREET ASSESSMENT DEFER AGREEMENTS RES. 1987-137 AWARD CONTRACT PROJ. 85-228 BUILDING PERMITS SOUTHPORT 4TH MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-137 awarding the contract for Project 85-228, 132nd Street Construction, to McNamara Contracting, the low bidder, in the amount of $144,864.10. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing issuance of building permits for five buildings on Lot 1, Block 1, South- port 4th Addition, as recommended by the Planning Commission. Gouncilmember Humphrey asked if the Council needed to make a decision at this time in order to capture tax increment on the construction? Mr. Sheldon said he believes the Council has 90 days in which to make that decision. Vote was taken on the motion. Ayes - 5 ~ Nays - 0o MOTION: of Goodwin, seconded by Holton, authorizing issuance of a building permit for an office building on Lot 1, Block 6, Apple Valley Commercial Addition, as recommended by the Planning Commission. BUILDING PERMIT A.V. COMMERCIAL Councilmember Humphrey said he would prefer to have a larger lot and larger building, but the property was subdivided previously and meets the ordinance requirements. He would like to have the lot size standards for commercial property reviewed. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 138 granting a temporary waiver of platting for property located west of Johnny Cake Ridge Road, at the Zoo entrance, including Shadow Estates, to allow deeds to be filed with metes and bounds descriptions. Ayes - 5 - Nays - 0. RES. 1987-138 SHADOW ESTATES TEMPORARY PlAT WAIVER HIRE PARTTIME EMPLOYEES ClAIMS & BILLS MOTION: of Goodwin, seconded by Holton, approving hiring the various parttime employees as listed in the Personnel Director's memo dated June 25, 1987. Ayes - 5 - Nays ~ 0. MOTION: of Humphrey, seconded by Holton, to pay the claims and bills, checks numbered 31135, 55337 to 55392 and 55485 to 55563, in the total amount of $2,960,177.90. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The regular meeting was adjourned at 9:50 o'clock p.m. The Council then continued with its informal meeting.