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HomeMy WebLinkAbout08/27/1987CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 27th, 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 Dougherty, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Recreation Services Manager 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 Humphrey, seconded by Savanick, approving the revised agenda for tonight's meeting as amended with three "Other Staff Items" 38.A, B and C. APPROVE AGENDA MOTION: of Holton, seconded by Goodwin, amending the above motion by AMEND MOTION moving item 27 to item 26.B and renumbering 26.B to 26.C. Councilmember Savanick asked why the amendment was made? Councilmember Holton he was not at the July 30, 1987, meeting but it was stated public discussion would be allowed on City Hall space needs and he would like to make sure it is allowed. Mayor Branning said nothing on the agenda states there will not be public discussion. Councilmember Savanick questioned the need to have it listed as an agenda item. Mayor Branning said there is a precedence for items not to be on the agenda unless a packet enclosure has been included. This item does not have an enclosure. Vote was taken on the motion. Ayes ~ 4 - Nays - 0 (Branning Abstained). Vote was taken on the original motion as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the minutes of the regular meeting of August 13th, 1987, as written. 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. MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving a one-year special use permit for Stephen Fabian, d/b/a Fabian Seafood, at Spur Super Store, 220 County Road 42. Ayes - 5 - Nays - 0. AUG. 13, 1987 MINUTES AUDIENCE DISCN. CONSENT AGENDA FABIAN SEAFOOD SPECIAL USE PER. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 2 MOTION: of Holton, seconded by Goodwin, approving renewal by the Minnesota Liquor Control Commissioner of a liquor consumption and display (set-up) permit for the Minnesota Zoological Garden. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving the application of Apple Valley Hockey Association for a Gambling License Exemption to conduct four raffles on December 2, 1987, March 2, June 1 and September 7, 1988, at Hayes Community Center. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving Change Order No. 15, revised, to the contract with Shaw Lundquist for the Central Maintenance Facility in the amount of a $1,523.00 deduct. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving a contract for electrical engineering services on Hayes Park outdoor rink lighting renovations with R. L. Feig & Associates not to exceed $2,850.00. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, accepting Project 86-256, Scottsbriar 2nd Improvements, as final and authorizing final payment on the contract with Lake Area Utility Contracting in the amount of $50,243.36. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, accepting Project 85-226B, Oaks of Apple Valley III Streets, as final and authorizing final payment on the contract with Alexander Construction in the amount of $3,586.20. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, accepting Project 86-246, Grandview Manor Improvements, as final and authorizing final payment on the contract with Gartzke Construction in the amount of $6,327.00. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. t987- 177 approving the final plat and development agreement for Cherry Oak Estates and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 178 approving the final plat and development agreement for Morningview Fourth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ O. MOTION of Holton, seconded by Goodwin, approving the revised grading plan for Eagle Ridge Estates 2nd Addition, dated August 13, 1987, and granting frontyard setback variances of 20 feet for Lots 9 to 14, Block 1; Lots 1, 2, 3 and 7, Block 2; and Lots 1 to 8, Block 4. Ayes - 5 - Nays - O. ZOO LIQUOR SET-UP PERMIT HOCKEY ASSN. GAMBLING EXEMPT. CHANGE ORDER 15 CENTRAL MAINTNC. FACILITY HAYES LIGHTING ENGINEERING SERVICES FINAL PAYMENT PROJ. 86-256 FINAL PAYMENT PROJ. 85-226B FINAL PAYMENT PROJ. 86-246 RES. 1987-177 CHERRY OAK EST. FINAL PlAT & AGT RES. 1987-178 MORNINGVIEW 4TH FINAL PLAT &AGT EAGLE RIDGE 2ND FRONTYARD VARIANCES CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 3 MOTION: of Holton, seconded by Goodwin, granting a variance allowing construction to within three feet of the side lot line for a garage addition on Lot 7, Block 10, Greenleaf 9th Addition (5830 - 130th Street Court) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. SIDE VARIANCE 5830 - 130th STREET COURT WILLIAMS EXCAVATION PERMT RES. 1987-179 T.I.F. POLICY "ZOO WALK" FUND RAISER RES. 1987~180 AUTHORIZE MAYOR'S AWARD HIRE PROSHEK PARK MAINTENANCE HIRE CALDERWOOD BLDG. CLERK HIRE PARTTIME EMPLOYEE MOTION: of Holton, seconded by Goodwin, approving an excavation permit for Richard L Williams on 5.2 acres in the northwest quadrant of the intersection of Galaxie Avenue and 132nd Street. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 179 establishing a policy on tax increment financing usage and criteria for reviewing applications for such financing. Ayes ~ 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing use of Johnny Cake Ridge Road, 140th Street, Galaxie Avenue and T.H. 77 by the Minnesota Distance Running Association for a "Zoo Walk" fund raiser on September 27, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 180 authorizing the Personnel Director to purchase materials for the "Mayor's Award" in an amount not to exceed $130.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Andrew Proshek for a fulltime position of Park Department Maintenance Worker effective August 29, 1987, at an hourly rate of $8.14. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Brigitte Calderwood for a temporary position of Building Department Clerk effective August 31, 1987, at an hourly rate of $4.75. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employee as listed on the Personnel Director's memo dated August 24, 1987. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning introduced Travis Nelson and Bryan Karl and presented MAYOR'S AWARD' them with plaques for the Mayor's Award. This award was given in recognition of their actions in saving a woman from drowning during the rain storm on July 23, 1987. The Mayor also thanked their parents who assisted in the rescue. Bruce Anderson, of the Minnesota Recreation and Parks Association, M.R.P.A. AWARD presented the 1986 Citation Award for Excellence in Recreation Pro- gramming to the Mayor. The award, a clock with an inscription, was given in recognition of the "Groundpounders" road race program. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 4 Mayor Branntng called the public hearing to order at 8:18 p.m. on Pro- PUBLIC HEARING Jeer 87-279, Eagle Ridge Estates 2nd Addition Improvements, and noted EAGLE RIDGE 2ND receipt of the affidavit of publication of the hearing notice. Mr. IMPROVEMENTS Gorden reviewed the preliminary engineering report and said, in addition to the internal subdivision improvements, this project will provide the necessary access for Cherry Oak Estates. The Mayor asked for comments; there were none and the hearing was declared closed at 8:20 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 181 ordering installation of Project 87-279, Eagle Ridge Estates 2nd Addition Improvements. Ayes - 5 - Nays - O. RES. 1987-181 ORDER PROJ. 87-279 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 182 directing the Engineer to prepare plans and specifications for Project 87~279. Ayes - 5 - Nays - 0. MOTION of Humphrey, seconded by Goodwin, directing City Staff to prepare a report on the feasibility of a referendum for an additional indoor ice facility and place it on a Council meeting agenda by September 24, 1987. Ayes - 5 - Nays - 0. RES. 1987~182 PROJ. 87-279 PLANS & SPECS PREPARE INDOOR ICE REFERENDUM REPORT Mr. Gretz reviewed his memo dated August 21, 1987, concerning City/ GOVERNMENT County government campus site acquisition at the northwest corner of CAMPUS SITE County Road 42 and Galaxie Avenue. The County Board approved the pur- chase August 25, 1987. Councilmember Holton asked what construction schedule the County anticipates. Mr. Gretz said three buildings are being discussed; courts, administration and library. CoNstruction is expected to start in spring of 1988. MOTION: of Humphrey, seconded by Savanick, approving a Purchase Agreement between the City and Fischer interests for property at the northwest corner of County Road 42 and Galaxie Avenue and Addendum No. 1 agreeing to the purchase by Dakota County; an Agreement with the Fischer interests regarding cessation of operations east of the site; and an Agreement with Dakota County on special assessment cost sharing on the property and authorizing the Mayor and Clerk to sign the same. PURCHASE AGREEMENTS FOR GOVERNMENT CAMPUS SITE Mayor Branning said work on this concept has been going on for nearly two years and the Council is pleased to bring these facilities to the City. He thanked staff members and Mr. Gretz for their efforts in making this transpire. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Gretz reviewed his memo dated August 21, 1987, and distributed a ADMINISTRATIVE report dated August 25, 1987, on lease of City administrative space. SPACE REPORT Four property owners were contacted and submitted proposals; they are, Commons II, Brandt Management, Glen Galles and Thorpe Real Estate. Jim O'Meara, the City's bond counsel, has advised that leasing space from Commons II would not be restricted due to tax increment financing on the property. If a lease/purchase were considered, he would have to research the question further. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 5 Mayor Branning said trying to gather this information over the past year has been difficult. There have been innuendos of involvement by him in other matters and there are none. The need for additional space has been apparent over the last three years, but he does not believe the Council is in a position to make a decision tonight. When the Council directs staff to do something, they seldom ask for audience input on giving direction which is the way this item is coming before the Council. He has also been contacted by Paul Liebelt who is bringing a report on leasing to the Council. The Mayor said the Council has been promoting the downtown area and the government campus site has been part of it. He has also been advised of a meeting next week with General Cox to discuss an armory on the site. Mike Garrison then addressed the Council stating he represented a group of individuals concerned about the lease/purchase issue for administrative space. He read his report dated August 27, 1987, asking the Council to abandon further consideration of any lease/purchase agreement. He asked that short term options of converting existing space, adding on minimally, utilizing other City buildings or placing portable units on the existing site be considered until the City can move to the government campus site. He also asked Councilmember Humphrey for public disclosure of his business interests involving developers of Commons II or abstinence from discussion or decision making on the proposal. He asked Councilmember Savanick for an explanation of her position supporting lease/purchase rather than other options. Mayor Branning said at a County meeting, he presented the Council's wishes to work with them and the School District, if possible, toward a joint facility in the City. Now, subject to financing, the City is in a position to make it happen. All previous efforts were to gather information and we should now be working with the County to plan for and build such a facility. MOTION: of Savanick, seconded by Humphrey, directing City Staff to prepare a feasibility report on a bond issue referendum for a City facility at the government campus site. PREPARE BOND ISSUE INFORMATN. AMEND MOTION MOTION: of Holton, seconded by Goodwin, amending the above motion by eliminating leasing as a consideration for solving short term space needs problems. Bill Brandt, a business owner and resident, commented on the tax increment financing for the Commons building, on which he understands the property transactions resulted in a $2.00 per square foot profit to the developers or approximately $87,000 per acre. The use of this financing is to bring new business into the City and that is what these profits should be used for. It does not make sense for the City to lease space there after providing the land for the developers. Mayor Branning said the taxpayers are not paying for that building; taxes from the building are used to repay the financing. Without this financing, the building would not have been constructed. In order to promote a downtown development, the financing was offered as an incentive. The public was advised, at a public hearing, that anyone who wanted to take advantage of the financing could use it. The City has assisted Menard's, Perkins, Galles Office Centre and Apple Valley Health Care Center also. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 6 Councilmember Goodwin said tax increment financing is one of the few tools left for cities to encourage development and it is used nationwide. In 1985, 190 cities in Minnesota used it. He voted for it because he believed the Commons building would not be built without and the City needed something for a core downtown; however, he did have concerns about its use on a second building. The reason for supporting it was the comment that if a business wanted 20,000 to 25,000 square feet of space in one place to locate in the City, it was not available. He supported it to encourage bigger businesses to locate in the City; not turn around and lease it for City Hall. It would be an anti-business move to use it for government space. Gouncilmember Goodwin also expressed concern about the amount of additional space actually needed now for the City. In his opinion, several items in the report prepared by the consulting engineer are unnecessary. For example, Police locker facilities could be accommodated in the existing basement. If the City needs about 3,200 square feet additional for a couple of years, minimal remodeling could be done as well as using space at the Central Maintenance Facility and Hayes Community Center and consideration of the use of portables. Councilmember Savanick said when the business people toured the building, they generally agreed there was a need for space in the Police Department. The basis of tax increment financing is repayment by taxes generated by the property. The general taxes of the City are not being used to repay the bond issue. A lot of different types of government agencies are renting space and there is nothing to say governments should not rent. Virginia Paulson said she agrees the Commons buildings are beautiful and tax increment financing can be good for the community. The City has property on which it can build and it should not lease space. Bob Substad, developer of the Commons, explained how the development was originally propesed with nine smaller buildings and the problems encountered in trying to finance the first Commons building. In the original leasing of that building, 75 to 80 percent came from outside Apple Valley as was intended. They would like to see the City lease space from them to solve short term space needs. If the City had leased space originally, it would not be in the bind it is now. If a new building is built, the City may have the same problem in 20 years. Glen Galles commented on the financing assistance businesses received from the City. His office building used industrial development bond financing. The Commons used both industrial development bond and tax increment financing. He checked with other cities on tax increment financing who said they would not give a check to the developer, but would use it for improving land so it could be built on for example. If taxes on the property were not being used to repay the financing, the money would be going into the City coffers and used for relief of other taxpayers. Mr. Garrison asked for a clarification on the financial assistance. Mike Dougherty said the transactions on both Commons buildings involved an exchange of deeds and the City did issue checks to the developers. Mr. Galles said the business people in the community are aroused by what they believe is an unfair advantage for some. He asked that the Council respect their wishes to look at the cost of the options and evaluate the alternatives and present them to the public. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 7 Phil Pearsall, a former Councilmember, said when the City has been a partner in financing a building, it should exclude itself from leasing space there. Bob Hollenbeck, a former Councilmember, said the original objective of the first Council was to keep the decisions clean and not allow the appearance of any wrong doing or the City will never get off the ground. Don't allow the issues to be clouded. The City has space needs, but keep the decision making open. Gary Fieber asked for an answer to the $2.00 versus $4.00 per square foot price or the Commons land transaction alluded to earlier. He also said he was approached with an offer to buy out his lease to move to the Commons. Buying out leases of existing businesses does not make sense, but stifles business instead. It does not make sense for the City to consider leasing either. Jerry Otto said last year he was introduced to Councilmember Humphrey as a partner of Mr. Substad. The concern for everyone is the appearance of a conflict of interest. Mayor Branning said there has been innuendo that commitments have been made to lease space. The problems started with alternatives for space problems being presented by staff. The Council asked for more information and got it including a lease proposal, lease/purchase information and a study of the existing building. The Council has not made a decision, but it has established a long range goal of having City Hall downtown. If it were being built today, it would not be at its present location. Councilmember Humphrey said he takes legal advice from the City Attorney and personal counsel and occasionally has abstained when necessary. He was a business partner with Mr. Substad in a Century 21 real estate operation but has relinquished his stock and is not in it any more. He has no interest in the Commons building other than having a five-year lease for his business. He has no other business interests with the devel- opers outside of insuring their property. He has known Mr. Substad, John Natwick and John Hanson for a number of years. Dwayne Broderson and Paul Grosz were insurance customers. Ail of the Commons insurance business is probably less than two percent of his total. Mr. Garrison asked if he would abstain on this issue to prevent the appear- ance of an impropriety? Mr. Humphrey said no, it is not necessary; his total business is approximately $400,000 annually of which those interests are less than two percent. Councilmember Savanick said the main objective is to run the City. The Council needs to continue to provide services and most of the tax dollar is spent on salaries. Adequate space is needed for employees to do the work. There is no point in patchworking an addition to this building. The Police Department could use the whole building and the other departments kept together at another location Councilmember Holton said all the studies and advice have been ignored by the majority of the Council and the leasing option is continuing to be explored and frustration is resulting. Councilmember Goodwin said the short term space needs have to be kept in perspective. The City has flexibility for space other than leasing. Vote was taken on the amendment. Ayes ~ 2 (Goodwin and Holton) - Nays - 2 (Branning and Savanick) (Humphrey Abstained). Motion Failed. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 8 Mr. Kelley reviewed his memo dated August 27, 1987, concerning the CRESTVIEW FOREST Crestview Forest Townhome proposal. Since the last meeting, the TOWNHOMES developers have removed another building and reduced the density to 122 dwelling units. Brad Griffith, a neighboring resident, said they would like another two-unit building removed which would allow the units to be pulled farther back from Palomino Drive. Councilmember Goodwin said he discussed the proposal with the residents who were in favor of single family lots. That is an option, but because of the location of the property, surrounded by roads and multiple and commercial zoning, these would probably not be the upper bracket homes the residents envision. By developing single family lots, only 15 to 25 percent of the trees on the property would be saved; this proposal saves closer to 50 percent. Carl Watrud, one of the developers, said concerns were expressed at the last meeting about the property being sold to another developer once it is rezoned. He has been involved in development in the City for almost 30 years and has never done that. Comments were also made about lack of playground area. In connection with previous developments, parkland at Alimagnet was given and they have also built a golf course. The townhome proposal will have a higher total valuation than single family homes would; private streets will not require City maintenance; there will be fewer school age children and will preserve more trees. Mayor Branning asked what the density is now? Mr. Kelley said 5.22 units per acre net and 4.27 units per acre gross. The Mayor said he would like to see as much green space preserved as possible and there is a need for upper bracket townhomes in the City. On the condition M-1 zoning will be proceeded with, he would agree to the proposal. MOTION: of Holton, seconded by Humphrey, to reconsider the Grestview RECONSIDER Forest proposal tabled August 13, 1987. Ayes - 5 - Nays - 0. CRESTVIEW FOREST MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 398 rezoning Crestview Forest Townhomes, in part of the South Half of the Northeast Quarter of Section 20, from R-lC to M-2 as recommended by the Planning Commission. ORDINANCE 398 REZONE CRESTVIEW FOREST TO M-2 Councilmember Holton said he believes this is the best use for the land and helps fulfill the housing spectrum in the City. Mrs. Griffith said they are concerned about the price range of the townhouses and asked what are really proposed? Mayor Branning said the Council cannot control the value of the units, but the density is 4.27 units per acre. Based on the history of the developer and statements made, there has to be some trust. Richard Trabant asked that some consideration be given to more green space on the east side of the development. Gloria Mattacola said she is concerned about the viewpoint from Hunters Way and Palomino and would like more green space. The Mayor asked Staff to look at this as the final plat is being prepared. GITY OFAPPLEVALLEY Dakota County, Minnesota August 27, 1987 Page 9 Arnold Foote said he is displeased with the entire process and the Council does have control of prices by controlling density. It was zoned single family when he moved here and should not be changed. The Mayor said he believes a good compromise has been reached on the property. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the preliminary plat for Crestview Forest Townhomes, as recommended by the Planning Commission, with 122 dwelling units and directing preparation of a development agreement. Ayes - 5 - Nays - 0. CRESTVIEW FOREST PRELIMINARY PLAT MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of building permits for 122 townhouse dwelling units in Crest- view Forest, subject to filing the final plat, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CRESTVIEW FOREST BUILDING PERMITS MOTION: of Holton, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for Crestview Forest public improvements.? Ayes ~ 5 - Nays - O. CRESTVIEW FOREST PRELIM. REPORT Tim Erkkila, of Westwood Engineering, reviewed the specifications for EASTERN ATHLETIC fencing and backstops at the eastern athletic complex. It includes COMPLEX FENCING fencing for five softball fields and one baseball field estimated to cost $75,107.00. Mayor Branning commented that a name for the complex should be designated by the Council at a future meeting and asked what amount was budgeted for this project. Mr. Johnson said $90,000 was budgeted. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 183 approving plans and specifications for the eastern athle- tic complex fencing and backstops and authorizing advertising for bids to be received at 2:00 p.m. on September 15, 1987. RES. 1987-183 ATHLETIC COMPLEX FENCING BIDS The Mayor commented that the rolling topography may cause potential mowing problems. Mr. Johnson said it will be more difficult, but will present a better appearance than flat fields. The Mayor said if they wish to make a change, the Council would be amenable to considering it. Vote was taken on the motion. Ayes - 5 - Nays - 0. Jim Maland, of Bonestroo, Rosene, Anderlik, reviewed plans for reno- vation of the outdoor swimming pool estimated at $135,000. It is expected the work will be completed by May 15, 1988. SWIMMING POOL RENOVATION RES. 1987-184 SWIMMING POOL RENOVATN. BIDS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-184 approving plans and specifications for Project 87- 268, Outdoor Swimming Pool Renovation, and authorizing advertising for bids to be received at 2:00 p.m. on September 24, 1987. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 10 Mr. Gretz reviewed his memo dated August 26, 1987, concerning the in- SOCCER FACILITY door soccer facility. Action on this item was held pending resolution of access. It would be possible to extend Galaxie Avenue from 151st Street to 157th Street and serve tho site with utilities. Configuration of Galaxte at future 153rd Street would have to be resolved. In meeting with the property owner of that area, Mr. Winkler, they agreed to a "T" intersection with a free right turn at 153rd Street. The street could be extended from Galaxie to Cedar Avenue on a straight, slanting, alignment with 153rd on the west side of Cedar. The Mayor asked if the City has the easements to accomplish this? Mr. Grotz said, not for 153rd Street, but the developer has verbally agreed to it. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 399 rezoning the Soccer Facility site, in part of the Southwest Quarter of Section 34, from Agricultural to Institutional as recommended by the Planning Commission. Ayes - 5 ~ Nays - 0. ORDINANCE 399 REZONE SOCCER SITE INSTITUTNL. SOCCER FACILITY PRELIMINARY PLAT SOCCER FACILITY BUILDING PERMIT MOTION: of Coodwin, seconded by Holton, approving the preliminary plat for the Soccer Facility site, subject to acquisition of easements, as recommended by the Planning Commission and directing preparatioq of a development agreement. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, authorizing issuance of a building permit for the indoor Soccer Facility, subject to filing the final plat, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Kelley reviewed his memo dated August 27, 1987, concerning Apple APPLE PONDS Ponds. Action on this was also held pending resolution of the road access. Extension of Galaxie Avenue and 153rd Street have now been agreed to and Mr. Winkler has agreed to accept assessments as development occurs. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-185 approving amendments to the Land Use Guide Plan of the Comprehensive Plan for Apple Ponds Development by changing the designation from D-IV to D-IV and D-II. RES. 1987~185 APPLE PONDS COMP PLAN AMENDMENT Councilmember Savanick asked for clarification of the lot widths. Mr. Kelley reviewed the standards in the planned development ordinance, distributed August 13, 1987, to be considered as the next item. Councilmember Savanick said she believes the lots are too small. Vote was taken on the motion. Ayes - 4 ~ Nays - 1 (Savanick). MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 400 amending Appendix A of the City Code by adding Article A15 rezoning Apple Ponds, in part of the Southwest Quarter of Section 34, from Agricultural to Planned Development. Ayes 4 - Nays - 1 (Savanick). ORDINANCE 400 REZONE APPLE PONDS P.D. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 11 MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Apple Ponds, subject to acquisition of easements, and directing preparation of a development agreement. Ayes - 5 Nays - 1 (Savanick). APPLE PONDS PRELIMINARY PlAT RES. 1987-186 APPLE PONDS SOUTH PLAT & AGREEMENTS APPLE PONDS GRADING PERMIT NAME STREET GRANDVIEW TERRACE MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-186 approving the final plat and agreement for Apple Ponds South, the first phase, and supplementary agreements related to dedication of land outside the plat and authori- zing the Mayor and Clerk to sign the same. Ayes - 4 - Nays 1 (Savanick). MOTION: of Holton, seconded by Goodwin, authorizing issuance of a grading permit for Apple Ponds South. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Humphrey, seconded by Goodwin, approving change of the street name "Pennock Terrace" to "Grandview Terrace" beginning at the intersection of Cimarron Road and Pennock Avenue and extending north. Ayes - 4 - Nays - 1 (Holton). Mr. Kelley said the preliminary plat for Apple Valley Commercial 3rd TABLE A.V. Addition was tabled to determine if access to Cedar Avenue could be COMMERCIAL 3RD provided through the property. In a letter dated August 10, 1987, PLAT Dakota County has advised that such an access would not be approved. Councilmember Holton asked if this decision could be appealed? Mr. Gretz said a representative of the County could be asked to attend the next meeting and explain the decision. John Rezac, the property owner, was present and said he would like a decision as soon as possible because he is trying to obtain permanent financing. The Mayor said the Council would like to pursue access and asked that this be placed on the September 10, 1987, agenda. Mr. Kelley reviewed his memo dated August 27, 1987, concerning parti- FIRST-TIME HOME cipation in the 1988 First-Time Home Buyer Program. The Council had BUYER PROGRAM indicated it would like the funds used for existing housing; however, the HRA has advised the program would receive a more favorable bond rate if a 50/50 split between existing and new housing were used. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 187 setting a public hearing at 8:00 p.m. on September 24, 1987, on a proposed single family housing bond program pursu- ant to Minnesota Statutes Chapter 462C. Ayes - 5 ~ Nays - 0. RES. 1987-187 SET HEARING ON BOND PROGRAM RES. 1987-188 SET HEARING PROJ. 87-281 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1987-188 receiving the preliminary engineering report for Project 87-281, Valley Meadows Townhomes Improvements, and setting a public hearing on it at 8:00 p.m. September 24, 1987. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1987 Page 12 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1987-189 awarding the contract for Improvement Projects 274, Salem Woods, and 87-275, Royal Oaks, to Ceca Utilities, Inc., the low bidder, in the amount of $196,223.20. Ayes - 5 - Nays - O. RES. 1987-189 AWARD CONTRACT PROJECTS 87-274 & 87-275 Mr. Lawell distributed a revised draft of an ordinance specifying TRAFFIC SIGNAL policies regarding the use, operation and maintenance of a traffic PREEMPTION signal preemption system. Plans are being prepared for bidding the SYSTEM PROCEDURE system, which was included in the 1987 budget. In order to use M.S.A. funds to help finance the system, the City is required to have such an ordinance. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 401 amending Chapter 19 of the City Code by establishing procedures for use of a traffic signal preemption system by emergency vehicles operating within the City. Ayes - 5 - Nays - 0. ORDINANCE 401 SIGNAL PREEMPT SYSTEM PROCEDURE The Council received copies of the League of Minnesota Cities issue LMC MEETING papers requesting the City's input for 1988 legislative policies and & POLICIES priorities. These will be discussed at the LMC's regional meetings and Councilmembers in favor of or opposing a particular issue were requested to advise Mr. Gretz. Anyone wishing to attend one of the meetings were also asked to contact him. MOTION: of Humphrey, seconded by Goodwin, approving 1987 3.2 off-sale beer and cigarette sales licenses for George's Market at 12503 Germane Avenue. Ayes - 5 ~ Nays ~ O. GEORGE'S MARKET LICENSES The Council received Mr. Lawell's memo dated August 27, 1987, advising CABLE TV that the Cable Television Committee will be holding a public evalua- EVALUATION tion session on September 14, 1987, at 7:00 p.m. at City Hall. This SESSION session is required by the franchise for the purpose of gathering public input regarding Metro Cable's performance in providing cable television service to the community. MOTION: of Savanick, seconded by Humphrey, to pay the claims and bills, checks numbered 31138, 56473 through 56572, 56581 through 56600, 56603 through 56610 and 56612 through 56709, in the total amount of $5,986,553.95. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjourned at 12:44 o'clock a.m.