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HomeMy WebLinkAbout10/08/1987CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 8th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Savanick. ABSENT: Humphrey. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Recreation Services Manager Johnson, City Planner Kelley, Assistant Administrator Lawell, 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 Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 ~ Nays - 0. APPROVE AGENDA SEPT. 24, 1987 MINUTES AUDIENCE DISCN. CONSENT AGENDA ORDINANCE 403 ADOPT NATIONAL ELECTRICAL CODE RES. 1987-216 VALLEY WAY VILL. 6TH FINAL PlAT RES. 1987-217 PENNOCK SHORES 3RD FINAL PLAT RES. 1987-218 SET HEARING SHADOW ESTATES PARK SUBDIVISION MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of September 24th, 1987, as written. Ayes 4 - 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 403 amending City Code Section 6-2(a)(3) by adopting the 1987 National Electrical Code as part of the building code. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 216 approving the final plat and development agreement for Valley Way Village Sixth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 217 approving the final plat and development agreement for Pennock Shores Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 218 setting a public hearing before the Planning Commission at 7:30 p.m. on November 4, 1987, to consider subdivision of land related to park acquisition for Shadow Estates and waiving mailed notice requirements for the hearing. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1987 Page 2 MOTION: of Holton, seconded by Goodwin, receiving notice of a public hearing scheduled for 8:00 p.m. on October 22, 1987, related to tax increment financing for a 30,000 square-foot office/ warehouse project proposed by VenStar Corporation north of County Road 42 and east of Johnny Cake. Ayes - 4 - Nays - 0. VENSTAR TAX INCREMENT PUBLIC HEARING RES. 1987-219 ARENA & GOLF FEES 1987-88 CHANGE ORDER 3 REDWOOD BUILDING KIRBY FULLTIME POLICE DISPATCH HIRE PARTTIME EMPLOYEE MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 219 approving 1987-88 fees for Apple Valley Sports Arena and Valleywood Golf Course. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 3 to the contract with Fullerton Lumber Company for Redwood Community Center in the amount of an additional $1,095.00. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving a change in status, from parttime to fulltime, for Susan Kirby as Police Dispatcher effective October 10, 1987. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employee listed in the Personnel Director's memo dated October 5, 1987. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Gretz reviewed previous Council action and discussion of September AUTO MALL BLDG. 24 and October 6, 1987, on the proposed Auto Service Mall exterior REVISIONS materials. Mark Hebert, the developer, was present and said the brick siding material is of a commercial quality and he will be able to use it on his buildings. MOTION: of Holton, seconded by Goodwin, approving a change in building permit authorization for the auto service mall, south of County Road 42 in future Southport 4th Addition, to be constructed of brick siding material except for metal facia and stucco and rock face block on the pillars. Ayes - 4 - Nays ~ O. REVISE AUTO MALL BUILDING PERMIT Mayor Branning called the public hearing to order at 8:06 p.m., and PUBLIC HEARING noted receipt of the affidavit of publication of the hearing notice, ASSESSMENT ROLLS on special assessment rolls no. 222 through 232 in the total amount of 222 THROUGH 232 $2,924,785. This included an increase of $83,550 in the original amount of assessment roll 226 for Summerfield improvements as agreed to by the developer. The Council received letters objecting to assessments from Winkler Development for No 228, Shadow Estates; Jim and Bonnie Simon for No. 230, parcel 01-02200-010-25; and Bernard and Marlene Gangl for No. 230, parcel 01-01500-020-53. The Mayor asked if anyone present had any comments or objections. There were none and the hearing was declared closed at 8:08 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1987 Page 3 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 220 approving and levying 1987 special assessment rolls numbered 222 through 232 in the total amount of $2,924,785 as presented with no changes and authorizing transmittal of the same to the County Auditor. Ayes - 4 - Nays - 0. RES. 1987-220 ADOPT ASSESSMENT 222 THROUGH 232 Mayor Branning called the public hearing to order at 8:09 p.m. on the PUBLIC HEARING On-Sale Liquor License application of Rich Mgr., Inc., d/b/a Apple RICH MGT., INC. Place, and noted receipt of the affidavit of publication of the hear- ON-SALE LIQUOR ing notice. The application is for a new license at 14917 Garrett LICENSE APP. Avenue. The Council received the Police Chief's memo dated October 8, 1987, on the application. The Mayor asked if anyone present had any questions or comments., There were none and the hearing was declared closed at 8:10 p.m. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 221 approving issuance of an On-Sale and Sunday Liquor License for Rich Mgr., Inc., d/b/a Apple Place, at 14917 Garrett Avenue, effective October 8, 1987, subject to the provisions of paragraph B of the Police Chief's memo dated October 8, 1987. Ayes - 4 - Nays - 0. RES. 1987-221 RICH MGT., INC. LIOUOR LICENSE Steve Mattson, of Juran & Moody, was present and reviewed the schedule BOND SALE for the proposed sale of $7,345,000 General Obligation Bonds of 1987 consisting of: $5,000,000 Water Revenue Bonds; $2,065,000 Improvement Bonds; and $280,000 Equipment Certificates. MOTION: of Holton, seconded by Savanick, setting a special meeting at 12:15 p.m. on October 29, 1987, for the purpose of selling bonds. Ayes - 4 - Nays - 0. SET SPECIAL MEETING RES. 1987-222 SET BOND SALE RES. 1987-223 1987 TAX LEVY RES. 1987-224 SET ICE ARENA BOND ELECTION MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 222 providing for the issuance and sale of the City's $7,345,000 General Obligation Bonds on October 29, 1987. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 223 approving the 1987 tax levy, collectible in 1988, in the amount of $4,556,348 for general purposes and $1,175,380 for debt purposes, totaling $5,731,728. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 224 determining the desirability of issuing General Obliga- tion Ice Arena Bonds in the amount of $2,650,000 and pro- viding for an election thereon on December 8, 1987, at all regular polling places in the City. Councilmember Goodwin said he had reviewed information provided by the Clerk on conducting an experimental mailed ballot election and contacted the City of Luverne on its experience with such an election. He expressed concern about setting a precedent by CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1987 Page 4 conducting such an election and would like more discussion before trying it as an experiment. Mayor Branning said this method of voting may become a standard for the future is something the Council should keep informed about. Councilmember Savanick said she is opposed to holding a bond election at this time because the City should have its capital improvement program in place before this issue is considered. Vote was taken on the motion. Ayes ~ 3 - Nays - 1 (Savanick). Jerry Norgaard, representing Apple Valley Hockey Association, said the organization will be printing a brochure about the referendum and would like to review it with the Council..The Council agreed to review it at its informal meeting October 15, 1987. Mr. Lawell reviewed his memo dated October 1, 1987, concerning final BUILDING BLOCK approval for Building Block Nursery School and Day Care bond financing. BOND FINANCING Based on legal counsel review, they have complied with the conditions stipulated in the preliminary approval. Sue Dunkley, of the Larkin Hoffman Law Firm, was present to answer questions. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 225 finding that the requirements stipulated in Resolution No. 1987-164 have been satisfied, approving the Consent Agreement for Issuance of Commercial Development Revenue Bonds for Benefit of Building Block Nursery School and Day Care Center and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. RES. 1987-225 BUILDING BLOCK FINANCING FINAL APPROVAL Mr. Kelley reviewed his memo dated October 8, 1987, concerning a tem- SUPERAMERICA porary waiver of platting for a proposed SuperAmerica site at Garrett TEMPORARY Avenue and 151st Street. Ray Connelly, representing the developer, PLAT WAIVER was present to answer questions. Mr. Kelley said this waiver would only allow the property to be transferred and not imply preliminary plat approval. The Council concurred and indicated the property owner should be clearly aware this does not commit to any future approvals. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 226 granting a temporary waiver of platting to allow a metes and bounds description to be filed with the Dakota County Recorder on property in the Northwest Quarter of section 34, at Garrett Avenue and 151st Street. Ayes - 4 ~ Nays - 0. RES. 1987-226 TEMPORARY PLAT WAIVER RES. 1987-227 AWARD CONTRACT PROJ. 87-279 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 227 awarding the contract for Project 87-279, Eagle Ridge Estates 2nd Addition Improvements, to Channel Construction, the iow bidder, in the amount of $112,246.00. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1987 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 228 awarding the contract for Project 87-278, 157th Street and Apple Ponds Trunk Improvements, to Enebak Construction, the iow bidder, in the amount of $332,072.00. Ayes - 4 - Nays - 0. RES. 1987-228 AWARD CONTRACT PROJ. 87-278 RES. 1987-229 AWARD CONTRACT PROJ. 87-269 & PROJ. 87-272 WILROY FORD USED CAR OFFICE BUILDING PERMIT MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 229 awarding the contract for Projects 87-269 and 87-272, Foster's Addition and Shadow Estate Trunk Improvements, to Albrecht Excavating, the low bidder, in the amount of $204,585.50. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit to Wilroy Valley Ford for a used car sales office on Lot 1, Block 1, Natwick's Addition, as recommended by the Planning Commission. Councilmember Savanick asked if the moratorium on metal buildings was still in effect? Mr. Kelley said it expired January 1, 1987. Mayor Branning asked if the additional signage shown on the plan was included in the request? Mr. Kelley said it is not and a revised plan has been prepared. The new sign ordinance does not allow such signage even if the used car area were on a separate lot from the existing business. Mayor Branning asked if this is a temporary building or if a time limit can be put on the permit? Mr. Kelley said it will have a foundation and is not considered a temporary building. The auto sales is under a conditional use permit which does not have a time limit, but rather can be revoked only if conditions are violated. Mr. Sheldon commented on recent law changes involving this interpretation of conditional use permits. Councilmember Goodwin expressed concern about the process by which these requests come before the Council. If there are certain types of construction which the Council wants restricted, he would like to see ordinance changes to make it effective. Vote was taken on the motion. Ayes - 4 - Nays - 0. Police Chief Rivers reviewed his memo dated October 5, 1987, concern- 146TH STREET ing traffic control on 146th Street. Both a radar speed study and TRAFFIC REPORT traffic counts were conducted on the street for a week as a result of the petition received September 24, 1987. The average vehicle speed was 24.2 miles per hour and traffic counts were well below the average of 800 trips per day for a residential street. LuAnn Vevea and Steven Hylbak, residents of the area, were present and commented that the presence of marked vehicles may have discouraged or reduced the speed of vehicles. The Police Chief said he has advised the officers to continue to make spot checks on the street as time is available. Ms. Vevea asked if right turn exits from the nursing home had been pursued and commented that "no through traffic" signs in the parking lot have been put up. The Mayor said the property owner had installed those signs at the request of the City and residents pre- viously. He suggested the residents contact Mr. Lemieux if they desire changes. The right turn exit would also be on private property and the residents agreed to talk with the property owner. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1987 Page 6 Tom Noyes, of Bonestroo, Rosene, Anderlik & Associates, reviewed plans for the water treatment facility. Construction is planned to start in Spring of 1988. The plant will begin treating water by June 1, 1989, and should be completed by August 1, 1989. WATER TREATMENT PLANT PLANS RES. 1987-230 TAKE BIDS WATER TREATMENT PLANT MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 230 approving plans and specifications for Project 85-236, Water Treatment Plant, and authorizing advertising for bids to be received at 2:00 p.m. on November 20, 1987. Councilmember Savanick asked about the differences from Eagan's plant. Mr. Noyes said there are some minor differences, but tho major one is this plant will not remove manganese because Apple Valley does not have the level of it Eagan has. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Gordon reviewed plans for Valley Meadows improvements. The street VALLEY MEADOWS will not be as desirable as it should be because it must cross a major STREET PLANS Northern Natural Gas pipeline which cannot be lowered. The elevation will change about three and one-half feet in 50 feet and will function adequately. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 231 approving plans and specifications for Project 87-281, Valley Meadows Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on October 22, 1987. RES. 1987-231 TAKE BIDS PROJ. 87-281 John Kirby, 452 Reflection Road, said he is opposed to the project because storm water from the area will flow to Lake Alimagnet. He asked that excess fill be used to raise the backyards along the lake. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick) MOTION: of Holton, seconded by Savanick, approving hiring the addi- tional parttime employees listed in the Personnel Director's memo dated October 8, 1987. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEE PRINT ICE ARENA BOND BROCHURE CLAIMS & BILLS MOTION of Goodwin, seconded by Holton, authorizing the expenditure of up to $2,000 for printing a brochure on the ice arena referendum to be distributed by the City. Ayes - 3 - Nays 1 (Savanick). MOTION of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 57293 through 57367, 57369 through 57388, 57397 through 57462, 57464, 57466 through 57488 and 57490 through 57520, in the total amount of $3,720,508.62. Ayes - 4 - Nays - O. MOTION of Holton, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:38 o~clock p.m.