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HomeMy WebLinkAbout02/28/1985CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 28th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Clerk Asleson. 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 to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA HIRE PARTTIME EMPLOYEES FINAL PAYMENT TREE TRIMMING GYPSY MOTH UPDATE 1985 LICENSES SPUR SUPER STORE RES. 1985-27 AWARD CONTRACT PROJ. 85-217 RES. 1985-28 PLANS & SPECS. PROJ. 85-223 FEB. 14, 1985 MINUTES MOTION: of Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving hiring the parttime employees as listed in the memo from the City Administrator dated February 25, 1985. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting the 1984-85 boule- vard tree trimming contract as final and authorizing final payment on the contract to Collins-Amlee Tree Service in the amount of $8,800 for a total of $18,800. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, receiving Mr. Gurban's memo dated February 22, 1985, reporting on the public informational meeting on gypsy moths. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving 1985 Off-Sale 3.2 Beer and Cigarette licenses and a filling station permit for Apple Valley Super Store, d/b/a Spur Super Store at 220 County Road 42. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 27 awarding the contract for Project 85-217, 1985 Street Main- tenance Program, to McNamara Contracting, the low bidder, in the amount of $232,215.00. Ayes - 5 - Nays - 0. MOTION:of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 28 receiving the preliminary engineering report on Project 85- 223, Deep Well No. 11 and Pump, and directing the Engineer to prepare plans and specifications. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of February 14, 1985, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1985 Page 2 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. AUDIENCE DISCN. Mayor Branning called the public hearing to order at 8:05 p.m. on Pro- PUBLIC HEARING ject 85-219, Galaxie Avenue Improvements North of 127th Street, and PROJ. 85-219 noted receipt of the affidavit of publication of the hearing notice. GALAXIE AVE. N. Keith Gordon reviewed the information contained in the preliminary en- gineering report dated January 11, 1985. A pathway will be installed along the west side of the street. Adjacent property owners have no interest in sanitary sewer or water at this time; however, enough right-of-way will be acquired for future instal- lation. Storm sewer will drain to Eagan. Floyd Bosshardt, representing residents of Cedar Knolls Mobile Home Park, said they are in favor of the project and want to see the road completed. John Grimm and Mark Brumm, adjacent property owners, said they would like to remove trees from the right-of-way before the road is widened. Mr. Gordon said it can be in the specifications that they will be removing trees from their own property. Mr. Brumm asked what sewer and water would cost for his property? Mr. Gordon said the costs were discussed at their meeting February 26, 1985, and he did not have the information with him now. Sewer will come from Eagan and because this property is the farthest north, it could be served without affecting other property owners. Mr. Gretz said it is intended that some day water main from Apple Valley will be installed to the area, but for the short term, a water connection to Eagan could also be considered. Mr. Brumm asked if the road will be lowered to meet his driveway; can the storm sawer be diverted to a pond on his property and regulated; and how long will the project take? Mr. Gordon said they will do what they can to keep the road low and not make his driveway steeper than necessary, and storm sewer can be diverted to his pond with an outlet. The paving and curb and gutter should be completed this year but seeding and sodding will probably not be done until next year. The road will be closed to traffic while under construction but access to the homes will be maintained. John Stone asked what will happen to the old house on the east side of the road? Steve Iserman, of the Zoo, said they now own the property and will be tearing it down this summer. The Mayor asked for any further questions or comments. There were none and the hearing was declared closed at 8:22 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985-29 RES. 1985-29 ordering installation of Project 85-219, Galaxie Avenue Improve- ORDER PROJECT ments North of 127th Street. Ayes - 5 - Nays - 0. Councilmember Savanick asked if there will be special assessments? Mr. Asleson said there will be some, but mostly M.S.A. funds will be used. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-30 30 directing the Engineer to prepare plans and specifications PROJ. 85-219 for Project 85-219. Ayes - 5 - Nays - 0. PLANS & SPECS. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1985 Page 3 MOTION: of Holton, seconded by Humphrey, to recall from the table the motion of February 14, 1985, concerning 462C financing for Palomino East. Ayes - 3 - Nays - 2 (Goodwin and Savanick). The motion recalled is: RECALL PAL. EAST BOND RESOLUTION RES. 1985-31 PALOMINO EAST 462C FINANCING MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- 31 granting preliminary approval to the issuance of Multifamity Housing Revenue Bonds, under M.S. Chapter 462C, in an amount of up to $3,000,000 for Palomino East Apartment Project, approving the Program and authorizing its submission to the Metropolitan Council and Minnesota Housing Finance Agency. Councilmember Holton said, based on the letter provided by Mr. Kleckner outlining what will be done in terms of construction with the buildings, he would recommend approval. Mr. Gretz said an agreement, containing the items in the letter will be prepared for Mr. Kleckner's signature. Councilmember Goodwin said he is still opposed to the number of units for the site. Councilmember Savanick said she does not believe the City is obligated to approve the financing. Mayor Branning said it will allow improved buildings over what might have been built and provides for low and moderate income residents. Councilmember Humphrey said it will also be an addition to the City's tax base. Roll call vote was taken on the motion: Goodwin - No; Holton - Yes; Branning - Yes; Savanick - No; Humphrey - Yes. Motion Passed. Mr. Gretz reviewed his memo dated February 20, 1985, concerning a setback variance for Lots 1 and 2, Block 1, Timberwick 6th Addition, and said based on redesign of the building, he would recommend approval. MOTION: of Holton, seconded by Goodwin, granting setback variances on Lots 1 and 2, Block 1, Timberwick 6th Addition, to allow con- struction to within 22 feet of 138th Street right-of-way and 8 feet of the south side of Lot 2. Ayes - 5 - Nays - 0. VARIANCES LOTS 1 & 2, BLK 1. TIMBERWICK 6TH RES. 1985-32 LONGRIDGE 3RD FINAL PLAT RES. 1985-33 VACATE "OLD" WHITNEY DRIVE MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985-32 approving the final plat and development agreement for Longridge Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- 33 approving vacation of the north section of Whitney Drive, between Cedar Avenue and Whitney Drive, and directing the Clerk to file Notice of Completion of the Vacation with the County. Councilmember Holton said he believes it was a mistake to alter the road alignment to the south, but recognizes it cannot be changed now. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1985 Page 4 The Council reviewed the final plat and agreement for Delegard Addition. Mr. Asleson said the petitioner has indicated 462C financing will be requested for the apartment building if the plat is approved. A public hearing on the finan- cing will probably be March 28, 1985. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985-34 approving the final plat and development agreement for Delegard Addition and authorizing the Mayor and Clerk to sign the same. RES. 1985-34 FINAL PLAT DELEGARD ADDN. Councilmember Humphrey asked if the architecture of the building is compatible with Whitney Pines? Mr. Gretz said he does not have final plans on either building yet, but they are similar in style, however, not the same. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz reviewed the Planning Commission's report dated February 22, 1985, on the Apple Valley Commons Project located south of 147th Street and east of Glazier Avenue. The purpose of the zoning change is to allow a six-story building. Three lots are proposed to be platted at this time; one for the building, one for a pond- ing area and one for a future building. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 334 amending Planned Development Designation No. 290 pertaining to Lots 1 and 3, Block 7, Apple Valley Commercial Addition by establishing Zone 3 and specifying the uses therein, as recom- mended by the Planning Commission, and approving a summary of the ordinance for publication. ORDINANCE 334 AMEND P.D. 290~ ZONE 3 Councilmember Savanick requested an explanation of the uses. Mr. Gretz reviewed the ordinance. She also asked if Garrett Avenue will extend through the area? John Natwick, Jr., was present, and said no, there will be a parking lot and in- ternal driveways. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving the preliminary plat on parts of Lots 1 and 3, Block 7, Apple Valley Commercial Addition, for Apple Valley Commons as recommended by the Plan- ning Commission. Ayes - 5 - Nays - O. A.V. COMMONS PRELIM. PLAT A.V. COMMONS BLDG. PERMIT BECKER J.P. AGREEMENT FOR IDB ALLOCATION MOTION: of Holton, seconded by Humphrey, authorizing issuance of a building permit for Phase 1 of Apple Valley Commons subject to Planning Commission review and approval of the detailed land- scaping and filing of final plat as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing execution of a Joint Powers Agreement with the City of Becker for allocation of $5,000,000 of its 1985 Industrial Development Bond entitle- ment to Apple Valley, subject to review of the agreement the City's bond counsel, James O'Meara. Ayes - 5 - Nays -Y0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1985 Page 5 Mr. Gretz reviewed his memo dated February 22, 1985, concerning Smith SMITH MOTORS Motors request for an amendment to the sign ordinance. Options would REQUEST FOR be deny Mr. Smith's request for additional signage; amend the City Code SIGN AMENDMENT and allow two signs for agencies selling both new and used cars; or have a separate conditional use permit, with associated improvements, for the two lots to be established as a separate used vehicle agency with its own sign. Mayor Branning said he could not guarantee that a conditional use permit would be approved if applied for; but from his perspective, it would be an appropriate use. If the parking lot improvements, lighting and other conditions were done, as for any separate agency, the signage could be allowed without an-amendment to the Code. Dick Smith was present and said he would apply for the conditional use permit and make the improvements as soon as weather permits. Mr. Gretz reviewed the memo dated February 22, 1985, requesting reconsi- 149TN STREET deration of the 149th Street alignment in Apple Valley Center. Tom ALIGNMENT Zumwald, the architect, said he was not able to be present January 10, A.V. CENTER 1985, when the Council considered the building permit. He would prefer a curved street, as originally requested, because this is a convenience-type center with in and out traffic and the curve would bring the parking nearer to the building. He believes it would enhance the appearance of the building and a straight street would probably increase the traffic speed. The Council discussed various aspects of drawings showing both street alignments including having one-way traffic and straightening only one curve. MOTION: of Holton, seconded by Humphrey, to reconsider the building per- mit approval motion for Apple Valley Center of January 10, 1985. Ayes - 4 - Nays - 1 (Savanick). The motion, as amended, to be reconsidered is: RECONSIDER BLDG. PERMIT MOTION: of Goodwin, seconded by Holton, authorizing issuance of a building SHOPPING CTR. permit for a 38,250 square foot shopping center on Lots 3 and 4, BLDG. PERMIT Block 1, Levine Subdivision, subject to review of detailed land- LEVINE SUBD. scape plan prior to commencement of construction, as recommended by the Planning Commission; continuing 149th Street on its pre- sent straight alignment and requiring block enclosures for garbage receptacles. MOTION: of Holton, seconded by Goodwin, amending the motion by allowing 150-foot radius curves in 149th Street at both sides of the en- trance to the building. Ayes - 4 - Nays - 1 (Savanick). AMEND MOTION Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Savanick). Mr. Kelley reviewed his memo dated February 22, 1985, concerning a revision to the Comprehensive Plan necessitated by a proposal to develop the Carroll Farm. Ne said a proposal to develop the area near Scott Highlands Middle School would also require a revision and both proposals could be considered in one revision.at the same hearing. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1985 Page 6 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 35 settinga a public hearing before the Planning Commission at 8:00 p.m. on March 20, 1985, to consider revisions to the Land Use Guide Plan Map and Comprehensive Plan related to property in Section 28, known as the "Carroll Farm" and in Section 26, known as the "Seed Property". Ayes - 5 - Nays - 0. RES. 1985-35 SET PLANNING COM. HEARING ON COMP. PLAN REVISIONS Mr. Gretz reviewed his memo dated February 25, 1985, concerning an en- CARROLL FARM vironmental assessment worksheet (EAW) for the Carroll Farm development. DEVELOPMENT The Environmental Quality Board requires an EAW when a project consists of more than 150 dwelling units, 80 or more acres of agricultural land is converted to a more intensive use or a sewer system expansion will accommodate over 50,000 gallons per day of additional flow. Staff believes the EAW should be prepared on the entire 158-acre development in order to evaluate the potential cumulative effects. Mr. Winkler, the developer, was present and said he agrees an EAW is required on the residential portion of the project but, according to the EQB, it is discre- tionary on the commercial area. His concern is with proceeding with the single family area immediately and not delaying it by preparing an EAW on the commercial area too. He is also uncertain as to how the commercial area will develop. MOTION: of Holton, seconded by Humphrey, directing preparation of an CARROLL FARM environmental assessment worksheet on the entire 158-acre EAW Carroll Farm development proposal at this time. Mayor Branning said his opinion of how the commercial area should develop is that the City does not want small lots with free-standing buildings; it should be one larger building. Mr. Kelley said he believes preparing one EAW would be advantageous to the developer because he believes the City would be allowed to be the responsible governmental unit (RGU). If an EAW were done only on the commercial area, at a later date, the 39.5 acres would fall in the sewage flow criteria and the PCA would probably be the RGU instead of the City. Councilmember Savanick asked how far off from the estimates in an EAW can actual development be? Mr. Kelley said two of the prime factors in an EAW are traffic and sewage flow. If the standards of the zoning ordinance are applied to the pro- posal using the maximums allowed, development should not exceed the estimate. Mr. Gretz said only if the zoning were changed after an EAW is done, should an6ther EAW be required. Mayor Branning asked what the time table is? Mr. Kelley said the Comprehensive Plan revision process should be completed by April 11, 1985. Because there are longer publication requirements in the EAW process, it could be completed by May 23, 1985. The residential area EAW has been prepared and the developer should be able to prepare the commercial EAW and fit it into this time frame. Mr. Winkler said he understands that if the EQB receives the necessary information by March 18th, it could be published two weeks earlier. Mr. Kelley said if all documents were completed for the Council's March 14th meeting, that might be possible. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPEE VALLEY Dakota County, Minnesota February 28, 1985 Page 7 MOTION: of Savanick, seconded by Humphrey, approving routing of MTC buses on City streets, as requested in its letter of February 14, 1985, on 132nd Street, Johnny Cake Ridge Road, 140th Street, Pilot Knob Road, Upper 147th, Embry Path, 147th Street and Diamond Path. Ayes - 5 - Nays - 0. MTC BUS ROUTE STREET USAGE RES. 1985-36 MN/DOT T.H. 77 PLANS & SPECS. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- 36 approving Minnesota Department of Transportation plans and specifications for construction of Trunk Highway 77 between Cedar Avenue and Johnny Cake Ridge Road. Councilmember Savanick asked where the trail will be? Mr. Gordon said it will be on the south side of the road between Galaxie Avenue and Johnny Cake Ridge Road. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, directing the Engineer to pre- pare a preliminary feasibility report on all other improvements made necessary by construction of Trunk Highway 77. Ayes - 5 - Nays- 0. PRELIM. REPORT OTHER T.H. 77 IMPROVEMENTS MORNINGVIEW CASH FOR 160TH STREET PATHWAY MOTION: of Holton, seconded by Goodwin, accepting a $10,675.00 cash pay- ment from Orrin Thompson Homes in lieu of installing a pathway on the south side of 160th Street as required by the Morningview Development Agreement. Councilmember Savanick said she believes the pathway should be installed. Mr. Gretz said installation is not suggested now because 160th Street is a gravel road and the path would have to be re-installed when the road is upgraded. Councilmember Savanick said the path should be installed and could be used until that time. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Hotton, seconded by Goodwin, adopting Resolution No. 1985-37 approving Valleywood Golf Course green fees for 1985 as proposed in Exhibit A. Ayes - 5 - Nays - 0. RES. 1985-37 GOLF FEES RES. 1985-38 SUPPORT FED. REVENUE SHARING ORDINANCE 335 AMENT IMPROVE- MENT COSTS AMEND ATTORNEY FEES MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- 38 supporting the continuation of Federal General Revenue Sharing through fiscal year 1991, as contained in legislation presently pending in the Senate. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Rolton, passing Ordinance No. 335 amend- ing certain fees contained in City Code Section 1~23 related to public improvement costs effective March 8, 1985. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, amending the contract with Mc- Menomy, Sheldon, Dusich, Hansen & Molenda for legal services effective March 1, 1985, to be $75.00 per hour for general work, $70.00 per hour for police work, $30.00 per hour for paralegals and maximum of $150.00 for regular Council meetings. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1985 Page 8 MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1985- RES. 1985-39 39 approving 1985 revenue and expenditure budgets as shown in ADOPT 1985 Exhibit A of $9,417,371.00 and $9,440,935.00, respectively, BUDGETS with details as contained in a document dated September 13, 1984. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1985- 40 opposing pending state legislation that would allow the sale of wine in grocery stores Ayes - 5 - Nays - 0. RES. 1985-40 OPPOSE WINE IN GROCERY STORES FINCH PARK COM~ RESIGNATION APPOINT HALL- BERG CABLE TV RES. 1985-41 CLERK & TREAS. BONDS 1985 SPECIAL CENSUS COUNCIL TABLE CLAIMS & BILLS The Council received and accepted the resignation of John Finch from the Park Committee. Councilmember Humphrey said consideration of an appointment to fill the vacancy would be done at a future meeting. MOTION: of Goodwin, seconded by Holton, appointing Lars Hallberg to the Cable TV Committee for a term expiring March 1, 1987. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985-41 accepting and approving $50,000 fidelity bonds of the City Clerk and the City Treasurer as required by Resolu- tion No. 1985-11. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving undertaking a 1985 special census for the City, authorizing the Mayor and Clerk to execute a contract with the Census Bureau for the work and approving initial payment of $8,100.00 to the Census Bureau to begin the work. Ayes - 5 - Nays - 0. Councilmember Savanick said she is planning to include a community sur- vey in the next issue of the "Council Table" newsletter and asked the Councilmembers to review it. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 41653 through 41734 and 41743 through 41827, in the total amount of $2,467,508.70. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:49 o'clock p.m.