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HomeMy WebLinkAbout12/27/1987CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22nd, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Humphrey. ABSENT: Councilmember Savanick. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Rosene, Finance Director Ballenger, Personnel Director Boland, Parks & Recreation Director Johnson and City Planner Kelley. Mayor Branning called the meeting to order at 8:00 p.m. The Gouncilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Humphrey, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA DEC. 10, 1987 MINUTES AUDIENCE DISCN. CONSENT AGENDA VARIANCE, 12604 GARNER COURT REDUCE SUBDIVSN GUARANTEES RES. 1987-291 INSTALL VARIOUS STOP SIGNS RES. 1987-292 NO PARKING ZONE MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of December 10th, 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, removing Apple Valley Commons 2nd plat and rubbish removal contract to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, granting a setback variance at 12604 Garner Court to allow construction of a porch addition to within 12 feet of the next mobile home as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving reduction of financial guarantees for Carrollton Estates from $27,714.01 to zero; Carrollton Estates 2nd from $157,333.61 to $9,100.00; and Valley Meadows from $71,575.00 to $30,100.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 291 authorizing installation of stop signs: on Elysium Place and on 145th Street at Embry Path; and on Embassy Avenue at 144th Street and at Embry Path. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 292 establishing a no parking zone along the east side of Granada Avenue between County Road 42 and 149th Street. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1987 Page 2 MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting for Project 85-228, 132nd Street Construction, in the amount of an additional $8,747.50. Ayes - 4 - Nays - 0. CHANGE ORDER 1 PROJ. 85-228 CHANGE ORDER 1 PROJ. 87-260 MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Preferred Paving for Project 87-260, 1987 Street Maintenance, in the amount of an additional $6,562.54. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving Change Order No. to the contract with Ceca Utilities for Project 87-281, Valley Meadows Improvements in the amount of an additional $2,750.00. Ayes - 4 - Nays - 0. CHANGE ORDER 2 PROJ. 87-281 MOTION: of Holton, seconded by Goodwin, accepting Project 85-226, The Oaks of Apple Valley III Utility Improvements, as final and authorizing final payment on the contract with Rice Lake Contracting in the amount of $9,841.00. Ayes - 4 - Nays - 0. FINAL PAYMENT PROJ. 85-226 HIRE PARTTIME EMPLOYEE MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employee as listed in the Personnel Director's memo dated December 18, 1987. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Councilmember Holton asked if the final plat for Apple Valley Commons APPLE VALLEY 2nd Addition should dedicate right-of-way for continuation of Garrett COMMONS 2ND Avenue? Mayor Branning said it was not included on the preliminary plat and the building was located so as to allow construction of the future street if necessary. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-293 approving the final plat of Apple Valley Commons 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 ~ Nays - O. RES. 1987-293 A.V. COMMONS 2ND FINAL PLAT RUBBISH SERVICE QUOTATIONS RUBBISH REMOVAL SERVICES Mr. Melena reviewed the price quotations for 1988 and 1989 rubbish removal service. The low quotation was submitted by Waste Management- Savage. He recommended a one-year contract with an option to accept the 1989 quote at a later date. MOTION: of Goodwin, seconded by Humphrey, accepting the quotation of Waste Management-Savage for 1988 rubbish removal services at City buildings at $673.00 per month, net, with an option to accept the 1989 quotation of $727.00 per month, net, by December 1, 1988. Ayes - 4 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1987 Page 3 Mayor Branning called the public hearing to order at 8:10 p.m. on 1988 PUBLIC HEARING Special Assessment Rolls 234 and 235 and noted receipt of the affi- ASSESSMENTS davit of publication of the hearing notice. The assessments are for 234 & 235 utility connections for the Taylor and Fenner properties on Galaxie Avenue and both property owners were present. Mr. and Mrs. Fenner have executed an Agreement related to a 15-year deferment on Assessment Roll 235. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 8:11 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987~ RES. 1987-294 294 approving 1988 Special Assessment Rolls 234, $10,647.00, ADOPT ASSESSMENT and 235, $10,647.00 and authorizing their certification to the Dakota County Auditor. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 8:12 p.m/ to PUBLIC HEARING consider establishing a storm water drainage utility and noted re- STORM WATER ceipt of the affidavit of publication of the hearing notice. Mr. DRAINAGE UTILITY Melena reviewed the concept of the utility which is to establish it as a storm water management service for which fees are charged based on the amount of storm water property discharges into the system. Councilmember Holton asked if this would replace assessments for construction? Mr. Melena said no, storm sewer trunks and laterals would continue to be assessed. The utility fees would pay for operation and maintenance, such as cleaning catch basins, and construction of additional small improvements to the system. Brad Blackett, 457 Reflection Road, asked who would oversee the expenditure of money and establish priorities? He also asked whether a wetland inventory had been prepared and if water quality will be addressed. Mr. Rosene said the Vermillion River Watershed is preparing a plan to address those long term issues. The City has a storm sewer plan and has worked with the U.S.G.S. on lake quality studies. This utility is a start on a maintenance program and additional planning will have to be done. The brochure described some imminent projects and there will continue to be other projects in the nature of repair and replacement. Mr. Melena said, with respect to priorities and overseeing expenditures, one of the issues Staff has begun to work on is a five-year capital improvement program. Major expenditures under the utility will be part of this program. As it proceeds, it will be reviewed by the Planning Commission and Council and public hearings conducted. Mr. Blackett asked if future funds could be used to dredge Lake Alimagnet, for example, to repair environmental damage? The Mayor said if this is determined to be part of the system, funds could be used to correct problems. John Kirby, 452 Reflection Road, commented on including the Lake as a future project. There being no further questions or comments; the hearing was declared closed at 8:37 p.m. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 408 amending the City Code by establishing a storm water drainage improvement tax district and a storm water drainage utility covering the entire City. Ayes - 4 - Nays - 0. ORDINANCE 408 STORM WATER DRAINAGE UTILITY CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1987 Page 4 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-295 establishing storm water drainage utility fees, as contained in the Engineer's report dated December 14, 1987, which will be billed on a quarterly basis along-with water and sanitary sewer accounts effective for all bills mailed on and after March 1, 1988. RES. 1987-295 STORM WATER UTILITY FEES Councilmember Goodwin asked how often the fees will be updated? Mr. Rosene said they should be reviewed annually and take into consideration estimated costs and new construction. Mr. Sheldon noted that the fees for new commercial and industrial buildings will need to be approved, preferably when the building permit is authorized. Vote was taken on the motion. Ayes - 4 ~ Nays - O. Mayor Branning called three public hearings to order at 8:30 p.m. to PUBLIC HEARINGS consider vacating public grounds and noted receipt of the affidavits VACATION of publication of the hearing notices. Mr. Kelley reviewed his memo PROCEEDINGS dated December 22, 1987, describing the vacations of: side lot line easements between Lots 9 & 10 and 10 & 11, Block 1, Grandview Manor; all easements over Lots 3 and 4, Block 1, Carrollwood Village 6th Addition; and 130th Street right-of-way between Outlots A and B, Hidden Ponds. The Mayor asked for questions or comments. There were none and the hearings were declared closed at 8:32 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-296 completing vacation of public grounds described as: side lot line easements between Lots 9 & 10 and 10 & 11, Block 1, Grandview Manor. Ayes - 4 - Nays - O. RES. 1987-296 VACATE EASEMENTS GRANDVIEW MANOR RES. 1987-297 VACATE EASEMENTS CARROLLWOOD 6TH RES. 1987-298 VACATE R-O-W HIDDEN PONDS RES. 1987-299 REVISED WATER & SEWER RATES ORDINANCE 409 A.V. BUSINESS CENTER REZONING MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-297 completing vacation of public grounds described as: all easements over Lots 3 and 4, Block 1, Carrollwood Village 6th Addition Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-298 completing vacation of public grounds described as: 130th Street right-of-way between Outlots A and B, Hidden Ponds. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-299 approving revised water and sanitary sewer rates, as contained in the resolution, effective for all bills mailed on and after March 1, 1988. Ayes - 4 w Nays - 0. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 409 rezoning Lot 1, Block 1, Apple Valley Industrial Park lst; Block 2, Apple Valley Industrial Park 2nd Replat; and part of the W 1/2 of the SE 1/4 of Section 27 from "I-1" and "I-2" to "Planned Development" as recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1987 Page 5 Councilmember Humphrey said he would prefer to allow a maximum of 35 percent combined retail and limited business office uses overall with no more than 50 percent in any one building, subject to allowable parking, rather than the 35 percent per building recommended by the Planning Commission. Mr. Melena asked if that is 35 percent of the existing buildings? Mr. Humphrey said yes and would include new buildings as they are constructed. Councilmember Goodwin asked if the Planning Commission discussed this option? Mr. Kelley said no, it was not presented in that context. Councilmember Holton said he is concerned about spreading too much retail away from the downtown area and increasing traffic problems on Galaxie Avenue. Rollie Crawford, representing the developer, said the requested uses are combined retail/office and not only retail. This does not compete with traditional retail shopping center space nor have the high traffic volume that a shopping center would have. The proposed ordinance has built in safeguards necessary to accomplish desirable results. He distributed a revised site plan and it now meets the maximum 30 percent building coverage requirement. They would agree to the revision suggested by Mr. Humphrey if all buildings are included in the 35 percent overall calculation. Mr. Melena suggested the calculation be determined based on existing buildings and those under construction. Future buildings could not be included until they are built. Mayor Branning asked how the 35 percent retail/office use was arrived at? Mr. Kelley said it is based on the number of parking spaces available in front of the buildings which would be usable for retail/office uses. MOTION: of Humphrey, seconded by Goodwin, amending the motion by AMEND REZONING allowing a maximum of 35 percent combined retail and limited MOTION business office uses overall with no more than 50 percent in any one building, subject to allowable parking, and basing calculations on existing buildings and those under construction. Ayes - 3 - Nays - 0 (Holton Abstained). Councilmember Holton said he is concerned about offset driveways shown on Galaxie Avenue and asked that alignment of the driveway with 147th Street be reviewed for future signalization. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of building permits for Buildings "B" and "C" of Apple Valley Business Center, Phase II, as recommended by the Planning Commission, subject to submission of a detailed landscape plan. Ayes - 4 - Nays - 0. BLDG. PERMITS A.V. BUSINESS CENTER PHASE II HERITAGE HILLS 8TH RESOLUTION OF DENIAL MOTION: of Humphrey, seconded by Holton, referring the petition for the preliminary plat of Heritage Hills 8th Addition to Staff for preparation of a resolution of denial, as recommended by the Planning Commission, because dedication for County Road 38 right-of-way is not provided. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1987 Page 6 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 300 approving the preliminary and final plats of Sehimek 1st Addition (replat of Lots 5 and 6, Block 1 Palomino Lakeside Meadows 3rd Addition), as recommended by the Planning Commis- sion, and authorizing the Mayor and Clerk to sign the same. RES. 1987-300 SCHIMEK 1ST ADDITION PLATS Councilmember Humphrey said he is concerned about potential for uninsured damages to adjoining duplex units and would prefer including a requirement for a homeowners' association or some other type of agreement. Vote was taken on the motion. Ayes - 3 - Nays - 0 (Humphrey Abstained). MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-301 approving the final plat of Grandview Manor Second Addition (replat of Lots 9, 10 and 11, Block 1, Grandview Manor) and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. RES. 1987-301 GRANDVIEW MANOR 2ND FINAL PLAT Mr. Johnson reviewed his memo dated December 18, 1987, concerning ac- PARK PROPERTY quisition of part of Lot 10, Block 1, The Highlands, for expansion of ACQUISITION Belmont Park as proposed in the park bond issue. Mayor Branning asked if the drainage easement is needed for a storm water holding area? Mr. Johnson said installation of a storm sewer pipe is proposed which will eliminate the pond and provide a usable surface. The Mayor said he would prefer to see park dedication funds used for this type of acquisition and construction. MOTION: of Humphrey, seconded by Goodwin, authorizing purchase of part of Lot 10, Block 1, The Highlands, with bond issue funds in the amount of $25,000 and authorizing the Mayor and Clerk to execute the appropriate documents. Ayes - 4 - Nays - O. PURCHASE ADDL BELMONT PARK PROPERTY RES. 1987-302 SET EASEMENT VACATION HEARING RES. 1987-303 PLAT WAIVER PARK PROPERTY 1988 LICENSES & PERMITS LIQ. LIABILITY INSURANCE MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-302 setting a public hearing on January 28, 1988, at 8:00 p.m. to consider vacating the drainage easement over Lot 10, Block 1, The Highlands. Ayes - 4 - Nays - 0. MOTION of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-303 approving a waiver of platting to allow transfer of title on part of Lot 10, Block 1, The Highlands, on a metes and bounds description basis. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving renewal for 1988 of the licenses and permits as shown on the list dated December 22, 1987. Ayes - 4 - Nays - 0. Mr. Ballenger reviewed quotations for 1988 liquor liability insurance. The premiums for this excess coverage range from $16,000 for $1,000,000 to $39,000 for $8,000,000. The City's base coverage now is $1,000,000. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1987 Page 7 MOTION: of Goodwin, seconded by Humphrey, authorizing purchase of $4,000,000 of excess liquor liability insurance for a premium of $33,000 for total coverage of $5,000,000 at a total premium of $65,000. Ayes - 4 - Nays - 0. PURCHASE EXCESS LI0. INSURANCE CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31146, 58609 through 58677, 58679, 58681 through 58703 and 58719 through 58796, in the total amount of $8,398,747.68. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:40 o~clock p.m.