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HomeMy WebLinkAbout06/12/1986CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 12th, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning: Councilmembers Goodwin, Holten, Humphrey and Savanick; City Administrator Asleson and City Clerk Mueller. ABSENT: None. 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 Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays ~ 0. APPROVE AGENDA CONSENT AGENDA VALLEY WAY VIL. 4TH PRELIM. PLAT & BLDG. PERMITS RES. 1986-97 PLAT WAIVER PINECREST MOTION: of Goodwin, seconded by Holton, adding Valley Way Village 4th and Pinecrest Waiver of Platting to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Valley Way Village 4th Addition, directing Staff to prepare a development agreement and authorizing issuance of building permits for the 34 multiple dwelling units when the final plat is approved subject to preparation of a detailed landscape plan, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 97 granting a waiver of platting for the rear portions of Lots 7 and 8, Block 4, Pinecrest, subject to consolidation into one tax parcel with Lot 14, Block 1, Pinecrest 2nd as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 98 approving specifications for an articulated wheel loader, a single axle and tandem axle cab chassis and dump bodies and snow plow equipment for the same and authorizing advertising for bids to be received at 2:00 p.m. on July 1, 1986. Ayes - 5 - Nays - 0. RES. 1986-98 TAKE BIDS STREET EQUIP. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 99 approving the preliminary and final plats of Apple Valley Square 5th Addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1986-99 FINAL PLAT A.V. SQUARE 5TH VARIANCE LOT 65, BLK 1, GREENLEAF 11TH MOTION: of Goodwin, seconded by Holton, granting a variance for Lot 65, Block 1, Greenleaf 11th Addition, to allow construction to within 27 feet of the front lot line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Page 2 MOTION: of Goodwin, seconded by Holton, directing the Engineer to prepare preliminary feasibility reports for Project 86-247, Timberwick 8th; Project 86-255, Scottsbrtar 2nd~ and Project 86-225, Galaxie and 153rd Street; Public Improvements. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving amendments to pay- ing agency agreements with First Bank Minneapolis and First Bank St. Paul, related to fees charged, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing renewal with National Casualty Company for Law Enforcement Liability Policy effective July 1, 1986, at an annual premium of $21,706; and Public Official Liability Policy effective August 11, 1986, at an annual premium of $7,096. Ayes - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 100 approving special assessment divisions: 16501, Apple Valley Industrial Park 2nd Replat; 16509, Valley Way Village 2nd Condo; 16510, Valley Professional Building Condo; 16519, Pilot Knob Estates 5th; and 16520, Padlock Property in Section 34. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 101 amending polling places for future elections by desig- nating Apple Valley Health Care Center, 14650 Garrett Avenue, as the polling place for Precinct 6. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving activities for July 4th, 1986, festivities as follows: temporary on-sale 3.2 beer licenses for the Apple Valley Jaycees and American Le- gion Post 1776 at Hayes Field on July 4; a dance permit for Apple Bowl, Inc., and a temporary on-sale liquor license for the Chamber of Commerce at 14917 GArrett Avenue on July 3; and receipt of an application for exemption for a State Gam- bling License by V.A.A. Under 16 Girls Soccer to conduct a raffle on July 4. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 102 authorizing transfer of unclaimed property to the City for its use as requested by tho Police Chief and authorizing the Police Chief to dispose of beer kegs and fire extingu- ishers as necessary. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, approving the appointment of James Sheldon and Michael Molenda as primary attorneys and other attorneys of the McMenomy & Severson Law Firm as sec- ondary attorneys as liaison to the Emergency Management Staff per Art. III, Annex M, of the Plan. Ayes - 5 ~ Nays - 0. PREPARE PRELIM. ENG. REPORTS AMEND PAYING AGENT AGREEMENTS RENEW LIABILITY INSURANCE RES. 1986-100 VARIOUS ASSMT. DIVISIONS RES. 1986-101 PRECINCT 6 POLLING PLACE JULY 4TH LICENSES & PERMITS RES. 1986-102 UNCLAIMED PROPERTY ATTORNEY APPT. EMERGENCY MGMT. STAFF LIAISON CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Page 3 MOTION: of Goodwin, seconded by Holton, approving hiring the various parttime employees as listed in the memos from the City Administrator dated May 23, June 2 and 11, 1986. Ayes - 5 - Nays - 0. HIRE PARTIIME EMPLOYEES MAY 22, 1986 MINUTES MAY 29, 1986 MINUTES AUDIENCE DISCN. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of May 22nd, 1986, as written. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the minutes of the Board of Review meeting of'May 29th, 1986, as written. Ayes - 4 - Nays - 0 (Savanick Abstained). 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. The Council received Mr. Gretz's memo dated May 21, 1986, concerning the speed limit on Cedar Avenue south of County Road 42. MOTION: of Holton, seconded by Humphrey, tabling indefinitely con- sideration of a speed limit study on Cedar Avenue south of County Road 42. Ayes - 4 - Nays - 1 (Savanick). TABLE CEDAR SPEED STUDY The Council received Mr. Gretz's memo dated May 30, 1986, concerning a request for four- way stop signs at the intersection of Walnut Lane and Elm Drive. MOTION: of Holton, seconded by Humphrey, accepting the Staff recom- mendation not to install four-way stop signs at the inter section of Walnut Lane and Elm Drive. Ayes ~ 5 - Nays - 0. WALNUT & ELM STOP SIGNS The Council received Mr. Gretz's memo dated May 30, 1986, concerning a request for stop signs on Embry Path at 144th Street. MOTION: of Goodwin, seconded by Holton, accepting the Staff recom- mendation not to install stop signs on Embry Path at its intersection with 144th Street. Ayes - 5 - Nays - 0. EMBRY & 144TH STOP SIGNS EATON MOBILE HOME PARK EXCAVATION PER. MOTION: of Holton, seconded by Goodwin, authorizing issuance of an excavation permit to remove material east of Pennock Avenue, at Eaton Mobile Home Park, and cover the area in the Park which was illegally landfilled subject to establishing a vegetative ground cover when excavation is complete. Ayes - 5 ~ Nays - 0. The Council received Mr. Asleson's memo dated Juns 9, 1986, concerning A.V. COMMONS Phase II of Apple Valley Commons. Robert Substad was present and said PHASE II the next building will be developed by P.R. Development Co., a partnership. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Page 4 John Natwick, Jr., reviewed sketches of the proposed 70,000 square-foot building to be located south of the existing building. Councilmember Holton said some type of reconstruction of Garrett Avenue has been discussed, if it were rerouted would this cause a problem for the building? Mr. Natwick said it could be moved farther west, but he expressed concern that this might cause a traffic problem similar to that at 147th and Glazier now. They intend to start construction on the building as soon as possible. Councilmember Humphrey said a development plan being prepared by John Shardlow will be reviewed with all the property owners in the area. Mr. Asleson reviewed Exhibit C of his memo, a tentative timetable. If tax increment financing is to be used, it will be necessary to have the plan at the Council's June 26th meeting. Any input as to the plan should be given as soon as possible. He also reviewed Exhibit B which shows the net proceeds of tax increment to be $877,000. Councilmember Holton said some of the increment should be retained to correct roads in the area including possibly widening Glazier Avenue. Mr. Asleson said by June 26, 1986, the use of the proceeds will have to be defined; whether for utilities, roads or land acquisition. The petitioners have indicated the full amount would be needed for land; however this will have to be documented and a decision made June 26th. Rick Kelley reviewed the Planning Commission report concerning the WILLIAMS APT. Williams Apartment project tabled from May 22, 1986. Mr. Sheldon PROJECT reviewed his letter dated June 12, 1986, concerning loss of access to the property to the west. The property resulted from land acquisition for Trunk Highway 77 by the State of Minnesota and the City does not have an obligation to provide access for it. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 360 rezoning part of the Northeast Quarter of the Northwest Quarter of Section 22, known as the Williams property, from R-lA to M-3 as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 360 REZONE WMS. APT. TO M-3 PRELIMIN. PLAT WILLIAMS APT. BLDG. PERMIT WILLIAMS APT. MOTION: of Holton, seconded by Goodwin, approving the preliminary plat for Williams Apartment property and directing Staff to prepare a development as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a building permit, at the time of final plat approval, for a 33-unit apartment building, according to site, landscape and elevation plans submitted, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on Argus Woods. The preliminary plat has been revised to extend a cul de sac to pro- vide access to the Scott property at the southwest corner of the development. ARGUS WOODS DEVELOPMENT CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Page 5 MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 361 rezoning part of the Northwest Quarter of the Southwest Quarter of Section 22, known as Argus Woods, from R-lC to RCL as recommended by the Planning Commission. ORDINANCE 361 REZONING ARGUS WOODS TO RCL Councilmember Humphrey asked if the Wilker property will be part of the plat? Mr. Kelley said it will not and lots adjacent to the cul de sac extension will be reconfigured for the final plat. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Argus Woods, with the cul de sac extended, and directing Staff to prepare a development agreement as recom- mended by the Planning Commission. Ayes - 5 - Nays ~ 0. PRELIM. PlAT ARGUS WOODS RES. 1986-103 SET HEARING PROJ. 86-251 OWEN PlAT ONE DEVELOPMENT REZONE OWEN PlAT ONE TO RB MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 103 receiving the preliminary engineering report for Project 86-251, Argus Woods Improvements, and setting a public hear- ing on it at 8:00 p.m. July 10, 1986. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on Owen Plat One which would include cross easements with the City Liquor Store pro- perty for access to Essex Avenue. No one representing the developer was present. MOTION: of Goodwin, seconded by Humphrey, rezoning part of the Northwest Quarter of the Northwest Quarter of Section 25, known as Owen Plat One, from Agricultural to Retail Business. Councilmember Savanick said she would be opposed to the 141st intersection at Pilot Knob Road. The Council discussed connection of the parking lots and the feasibility of allowing the 141st Street intersection and agreed more information was needed from the developer. MOTION: of Holton, seconded by Savanick, tabling consideration of this item until June 26, 1986. Ayes - 5 - Nays - 0. TABLE OWEN PlAT ORDINANCE 362 REZONE DOYLE 1ST ADDITION RES. 1986-104 DOYLE PlAT & AGREEMENT MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 362 rezoning part of the Southeast Quarter of the Southeast Quarter of Section 14, known as Doyle First Addition, from Agriculture to R-lC, as recommended by the Planning Com- mission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 104 approving the preliminary plat, final plat and devel- opment agreement for Doyle First Addition, as recommended by the Planning Commission, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Page 6 Mr. Kelley reviewed the Planning Commission report on Delaney Park DELANEY PARK Addition and said this area will be smaller lots with reduced setbacks. ADDITION Councilmember Holton asked if the reduced front setbacks will allow adequate parking for cars in the driveway? The Council discussed this and noted the interior streets do not have sidewalks to interfere with parking and all houses will be required to have double garages. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 363 rezoning part of the South Half of the Northwest Quarter of Section 25, known as Delaney Park Addition, to Planned Development No. 163, Zone 7, as recommended by the Planning Commission. Ayes - 5 - Nays - O. ORDINANCE 363 REZONE DELANEY PARK TO P.D. 163, ZONE 7 MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Delaney Park Addition and directing Staff to prepare a development agreement as recommended by the Planning Commission. Ayes - 5 - Nays ~ O. PRELIM. PLAT DELANEY PARK MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of 151 units of Morningview Townhomes and directing Staff to prepare a development as recommended by the Planning Commission. Ayes - 5 ~ Nays - O. PRELIM. PLAT MORNINGVIEW T.H. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-105 approving the final plat and development agreement for Morningview Townhomes (phase one, containing 45 units) and authorizing the Mayor and Clerk to sign the same. RES. 1986-105 FINAL PLAT MORNINGVIEW T.H. Mike Gair and Bill Pritchard, representing U. S. Nome Corporation, were present and reviewed plans of the townhomes with the Council. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of building permits for the 45 units in phase one of Morningview Townhomes, according to elevation And landscape plans sub- mitted, as recommended by the Planning Commission. Ayes - 5 - Nays - O. BLDG. PERMITS MORNINGVIEW T.H. RES. 1986~106 SET EASEMENT VACATION HEARING RES. 1986-107 FINAL PLAT LAC LAVON 2ND MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1986~106 setting a public hearing at 8:00 p.m. on July 10, 1986, to consider vacating easements in Blocks 15 through 24 and Outlot B, Morningview 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-107 approving the final plat, with one outlot for multiple dwellings, and development agreement for Lac Lavon Shores 2nd Addition and authorizing the Mayor and Clerk to sign the same. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Page 7 Councilmember Holton said he is concerned that the multiple area is not being developed first. The Mayor agreed and said the developer should make buyers of single family homes aware of the multiple units. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 108 approving the final plat and development agreement for Lac Larch Shores 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1986-108 FINAL PLAT LAC LAVON 3RD RES. 1986-109 TAKE BIDS PROJ. 86-253 PARK PROJECT DESIGN AGREEMENTS RES. 1986-110 TAKE BIDS FIRE STN REPAINTING MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-109 approving plans and specifications for Projects 86- 238 and 86-253, combined as Project 86-253, Garden View Drive and Lac Larch Shores 2nd & 3rd Additions Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on July 8, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving agreements for architectural and design services for park improvements with Westwood Planning & Engineering for the Eastview Athletic Complex and with Cording-Natwick Architects, Inc., for Hayes Community Center and Redwood Community Center remodeling pro- jects and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 110 approving specifications for repainting Fire Stations 2 and 3 and authorizing advertising for bids to be received at 2:00 p.m. on July 8, 1986. Ayes - 5 - Nays - 0. Mr. Sheldon reviewed Mr. Gretz's memo dated June 3, 1986, concerning storm water drainage problems on the Art Fischer property south of County Road 42. He had expected settlement to be made by this date based on this information. He requested the Council authorize settlement on this basis and changes are required it would come back to the Council for consideration. MOTION: of Holton, seconded by Goodwin, authorizing Staff to settle storm water damage claims with the owners of the Art Fischer property as described in the memo from John Gretz dated June 3, 1986, as recommended by the City Attorney. Ayes - 5 - Nays - 0. SETTLE FISCHER STORM WATER CLAIMS RES. 1986-111 AWARD CONTRACT PROJ. 86-252 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1986-111 awarding the contract for Project 86-252, Carrollton Estates 2nd Addition Storm Sewer Trunks, to Richard Knutson, Inc., the low bidder, in the amount of $87,436.60. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota Gounty, Minnesota June 12, 1986 Page 8 MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1986-112 awarding the purchase of an Ice Resurfacer with Board Brush and LP Conversion for the Sports Arena to Frank J. Zamboni & Co., Inc., the low bidder, in the amount of $29,730.00. Ayes - 5 - Nays - 0. RES. 1986-112 AWARD PURCHASE ZAMBONI COMPREHENSIVE PLAN UPDATE RES. 1986-113 APPOINT COWLING TO PLAN. COM. Councilmember Humphrey read a resolution of the Planning Commission dated June 4, 1986, requesting the Council commence a major update of the City's Comprehensive Plan. He recommended it be received for now and discussed at an informal Council meeting. The Council agreed. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-113 appointing Marcia Cowling to fill the vacancy on the Planning Commission for a term expiring March 1, 1988. Councilmember Holton said he had interviewed applicants for the vacancy also, as Councilmember Humphrey requested May 22, 1986, and in his opinion Sharon Schwartz would be a better candidate for the position. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Holton). Consideration of Padlock Self-Storage items was deleted from the agenda. MOTION: of Holton, seconded by Goodwin, naming Randy Quale as Acting Assistant Park Director through August 31, 1986, at a monthly salary of $1,950.00 and a monthly auto allowance of $150.00, both effective May 19, 1986. Ayes - 5 - Nays - O. QUALE SALARY ADJUSTMENT MOTION: of Savanick, seconded by Goodwin, approving hiring Lynn Boland for the position of Personnel Director at a starting annual salary of $36,200, as described in the City Adminis- trator's letter dated June 11, 1986, effective July 1, 1986. Ayes - 5 - Nays - 0. HIRE BOLAND PERSONNEL DIR. MOTION: of Humphrey, seconded by Goodwin, approving hiring Meg J. McMonigal for the position of Planning Assistant at a starting annual salary of $25,800 effective June 16, 1986. Ayes - 5 - Nays - 0. HIRE McMONIGAL PLANNING ASST. HIRE PEGLOW POLICE OFFICER BRIAR OAKS EXCAVATION PERMIT MOTION: of Holton, seconded by Goodwin, approving hiring Stanley Peglow for the position of Police Officer at a starting sal- ary of $1,594.00 per month effective July 5, 1986. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, authorizing issuance of an excavation permit to Meritor Development, in accordance with the grading plan submitted, to grade four model home lots, west of Safari Pass, and the park area in Briar Oaks subdivision. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1986 Page 9 MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 48779 through 48800, 48803 through 48830, 48839 through 48849, 48859 through 48925, 48935 through 48974 and 48976 through 49099, in the total amount of $2,508,339.6t. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays ~ O. The meeting was adjourned at 10:30 o~clock p.m.