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HomeMy WebLinkAbout07/25/1985CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 25th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, 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 Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Humphrey, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Nordic Woods Seventh Addition, replat of Lot 5, Block 3, Nordic Woods First Addition, as recommended by the Planning Commission and adopting Resolution No. 1985-141 approving the final plat of Nordic Woods Seventh Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1985-141 NORDIC WOODS 7TH PRELIMINARY & FINAL PLATS RES. 1985-142 ZOO POLICE AGREEMENT SPECIAL USE GEORGE'S MARKET SPECIAL USE FABIAN SEAFOOD FINAL PAYMENT PROJ. 84-14 FINAL PAYMENT PROJ. 84-13 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 142 approving the Agreement with the Minnesota Zoological Board to furnish special police services for the period July 1, 1985, through June 30, 1986, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving a special use permit for George Miller, at George's Market, 207 County Road 42, to sell produce outdoors for the period July 15, 1985, through July 14, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving a special use permit for Stephen Fabian, at Spur Super Store, 220 County Road 42, to sell seafood outdoors for the period July 26, 1985, through July 25, 1986. Ayes - 5 - Nays - 0. MOTION: of Nolton, seconded by Humphrey, accepting Project 84-14, Forest Point Improvements, as final and authorizing final payment on the contract with Spencer Construction in the amount of $11,841.18. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 84-13, Forest Park 4th Improvements, as final and authorizing final payment on the contract with Encon Utilities in the amount of $2,450.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1985 Page 2 MOTION: of Holton, seconded by Humphrey, accepting Project 84-17, Emerald Point Improvements, as final and authorizing final payment on the contract with Erickson Construction in the amount of $13,728.13. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 84-17 HIRE PARTTIME EMPLOYEES JULY 10, 11 & 15, 1985 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime employees as listed in the memo from the City Administrator dated July 22, 1985. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Savanick, approving the minutes of the special meeting of July 10, 1985; the regular meeting of July 11, 1985; and the special meeting of July 15, 1985, 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. Mr. Gretz reviewed his memo dated July 17, 1985, concerning a variance at 5973 West 126th Street tabled from the July 11, i985, meeting. The variance could be granted subject to whatever fencing or plantings the Council deems appropriate. Council- member Holton offered a motion, which died for lack of a second, requiring plantings and landscaping along the rear lot line. MOTION: of Humphrey, seconded by Goodwin, granting a setback variance for Lot 1, Block 1, Pinecrest, to allow construction to within 11 feet of the north (rear) lot line due to street alignment. VARIANCE LOT 1, BLOCK 1 PINECREST Councilmember Humphrey said he believes requiring a fence and considering the variance are separate issues and should be considered independently. Councilmember 8avanick said the problem is between the property owner and the builder and they should agree on whether or not they want a fence; however, the variance should be granted. Councilmember Humphrey offered an amendment, which died for lack of a second, requiring the builder to contribute the cost of the fence to the abutting property owner, the church, so it can construct a fence if it so desires. MOTION: of Goodwin, seconded by Holton, amending the above motion by making the variance subject to erection of a privacy fence for 100 feet along the rear lot line beginning at the northeast cor- ner of the lot. AMEND MOTION Carl Tollefson, the builder, said he has looked at the site since the last meeting and believes plantings along the lot line rather than a fence would be a better solution because 100 feet is not the entire length of the church's parking lot. Dave Zettervall, the owner, said the reason for the variance is the lot is narrow and he wanted the houge set back from the street as far as possible. He talked with the church and believes a fence would be better than plantings. Councilmember Humphrey said if the fence is installed, he believes it should be on the church side of the property line. Councilmember Savanick asked how long the fence would have to be to the end of the parking lot? Mr. Gretz said 190 feet. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1985 Page 3 A representative of the church said they had wanted a fence along the entire 275 feet of the parking lot to protect the aesthetics they had before the house was built. Councilmember Humphrey said if thebuilder put a 275-foot fence on their property would they accept it? They answered yes. Councilmember Holton said he disagrees with the fence because with this corner lot, if the house had been turned so the rear line was the side line, it could have been setback only 10 feet without a variance. Councilmember Humphrey said because the house was built before requesting a variance, the fence could be considered damages to the abutting property owner. Jim Sheldon said the Council must find that there is a hardship and not because the neighbors agree or disagree. If the fence is required and both property owners agree, it can be installed on the lot line with both parties responsible for main- tenance. If it is installed on one property or the other, that party is responsible for maintenance. MOTION: of Humphrey, seconded by Goodwin, amending the amendment by re- quiring the fence to be 275 feet long along the parking lot, built on the church property, or cash in lieu of the fence given to South Suburban Evangelical. Free Church. A representative of the church said they would want to consider whether the fence should be on their property because it may be too close to the parking lot and in- terfere with snow removal. Vote was taken on the amendment to the amendment. Ayes - 2 - Nays - 3 (Branning, Holton and Savanick). Failed. MOTION: of Savanick, seconded by Goodwin, amending the amendment by re- quiring the distance of the fence to be 190 feet. Ayes - 3 - Nays -2 (Holton and Humphrey). Passed. AMEND AMENDMENT Vote was taken on amendment as amended. Ayes - 3 - Nays - 1 (Holton) 2]'Abstensions - 1 (Humphrey). Vote was taken on the motion as amended. Ayes - 4 - Nays - 0 - Abscensions - 1 (Humphrey). Mr. Gretz reviewed his memo dated July 17, 1985, concerning traffic controls at the intersection of 135th and Henna. Traffic counts were taken at the intersection and both the Dakota County Traffic Engineer and the City's Engineer reviewed it. The concensus of all was that no stop sign should be installed; the intersection could be redesigned but it would still not meet warrants for a stop sign; the only con- trol might be a yield sign on Henna Avenue. Because a motion was made to reconsider this item June 27, 1985, the motion now before the Council is: MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 115 authorizing installation of a stop sign on 135th Street westbound at its intersection with Henna Avenue. RES. 1985-115 135TH & HENNA STOP SIGN CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1985 Page 4 A resident of the neighborhood said she is concerned about the blind spot on Henna where traffic cannot see the children and believes there should be stop signs. Councilmember Savanick asked if children at play signs could be installed instead? Joe Shallcross said there are signs like that now. Ne has lived there for five years and there are many children in the neighborhoods just as in all other neigh- borhoods in the City, and does not believe stop signs are needed. He would agree to a yield sign. Kit Johnson said she spoke with both Engineers and their comments to her were that the intersection is confusing and because it is a judgment call as to whether the signs are warranted, she believes stop signs should be installed. The resident at 13675 Henna Court said her house is on the corner of 137th and Henna. She is home during the day and sees the amount of traffic and believes something is needed to control the traffic. Kathie Schwalen said she lives on Hemlock Court and, even there, vehicles drive faster than they should, but children should be taught to stay away from streets and traf- fic. Most of the traffic is residents of the neighborhood and she does not believe stop signs are needed. Councilmember Goodwin asked how the traffic counts compare with other residential areas? Mr. Gretz said they are about average and may be a little low. Vote was taken on the motion. Ayes - 1 (Savanick) - Nays - 4. MOTION: of Humphrey, seconded by Savanick, authorizing installation of a yield sign on Henna Avenue northbound at its intersection with 135th Street. Ayes - 1 (Savanick) - Nays - 4. INSTALL YIELD SIGN - FAILED MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 143 setting a public hearing at 8:00 p.m. on August 22, 1985, on a housing program under Chapter 462C to finance a 51-unit apartment building in Carrollwood Village 6th Addition, in an amount not to exceed $2,300,000. RES. 1985-143 SET HEARING 462C BONDING CARROLLWOOD 6T~ The developer was present and reviewed a sketch of the building, as approved April 25, 1985, with the Council. Mr. Sheldon noted the application was in the name of Valley Wood Limited Partnership and because of the similarity to the City's golf course name it could not be used in any advertising for the building. The developer said he would change the partnership name. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Gretz reviewed the Planning Commission report on a revised site plan for Lots 2 and 3, Block I, Pennock Place Third Addition. Mr. Heiberg, the developer, has reviewed the plans with the neighbors north of 140th Street and they concur. Mr. Heiberg showed sketches of the buildings with attached garages. The building on 140th Street would have 25 units and be two stories and the building on Pennock would have 37 units and be three stories. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1985 Page 5 MOTION: of Holton, seconded by Goodwin, approving the revised site, landscaping and building plans for Lots 2 and 3, Block 1, Pennock PlaceThird Addition, as recommended by the Planning Commission, resulting in a total of 62 dwelling units. REVISED PLANS PENNOCK PLACE 3RD ADDITION Mr. Heiberg said he would like to have the flexibility to use either the original plan or this plan. He is not ready to build yet, but if market conditions change he would like an indication of what can be done on the site. Mayor Branning said if the revised plan is approved, that is the plan he would have to build or request approval of a different plan. If Mr. Heiberg is unsure of what he wants to build, it would probably be best to withdraw the request now. Councilmember Savanick asked if there is a time limit on approvals like this? Mr. Gretz said the Council's approval authorizes issuance of a building permit and does not expire. Once a building permit is taken out, work must begin within 120 days or the permit lapses. MOTION: of Savanick, seconded by Goodwin, to postpone consideration of POSTPONE of the revised plans until requested to proceed by the petitioner REVISED PLANS or July 1, 1986. Ayes - 5 - Nays - 0. The Mayor noted the intent is that if Mr. Heiberg wishes consideration of this plan before July 1, 1986, it would not be necessary for the Planning Commission to review it again. It was noted that the negative declaration of the need for an Environmental Impact Statement for Lac Lavon Shores was approved July 15, 1985, and consideration of the final plat and development agreement should be tabled until August 8, 1985. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 144 approving plans and specifications for Project 84-8, Lac Lavon 1st Addition Improvements, and authorizing advertisement for bids to be received at 2:00 p.m. on August 20, 1985. Ayes - 5 - Nays - 0. RES. 1985-144 PLANS & BIDS PROJ. 84-8 LAC LAVON EXCAVATING PERMIT MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of an ex- cavating permit for Sienna Corporation in Lac Lavon Shores. Ayes - 5 - Nays - 0. Mr. Gretz reviewed his memo dated July 18, 1985, on the request to dedicate 120th Street in Becknan's First Addition as a public street. The street is now a 28- foot wide gravel road with no provision for storm sewer. It must have either con- crete curb and gutter or rural open ditch drainage to be acceptable. The street is also a mile from the nearest City-maintained roads and snow removal would be expensive. MOTION: of Goodwin, seconded by Humphrey, accepting 120th Street in Beckman's First Addition as a public street subject to installa- tion of either concrete curb and gutter or open ditch drainage and a 28-foot wide bituminous surface to City specifications. 120TH STREET DEDICATION BECKMAN'S 1ST CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1985 Page 6 Lester Beckman was present and described the property which includes 20 acres. He originally requested 13 lots, but 9 lots were approved. The plan was prepared by John Voss and it was suggested the area be kept rural looking. He believed the road was constructed to City standards and if it is blacktopped, could be given to the City. He has now sold six lots and he told the buyers this is what would be done. Councilmember Savanick said she recalls it was specifically discussed during approval of the subdivision that the road would remain a private street and this provision is contained in the development agreement. Councilmember Holton agreed. Mayor Branning said he does not believe the Cfty can accept the road in its present condition. Mr. Beckman referred to a letter from Rick Kelley dated November 1, 1982, clarifying the status of the road and asked what would have to be done to bring it up to City standards. Mr. Gretz said storm drainage would have to be provided either by curb and gutter or open ditch. Because of the number of trees that would have to be removed to allow for open ditch drainage, he believes concrete curb and gutter would be less expensive. Councilmember Humphrey suggested the Engineer prepare a feasibility report on the costs of both options. Mr. Asleson said it would be his opinion Mr. Beckman should pay for the report. Mr. Gordon said the report would not cost more than $700 to prepare and probably cost around $500. Councilmember Holton said even if the road were brought up to City standards, he does not believe it should be accepted because of the original agreement and the long term cost of maintaining it. Councilmember Savanick asked if the City can deny the request if it is brought up to City standards? Mr. Sheldon said he has represented Mr. Beckman in the land transactions, however a determination would have to be made as to whether the City is being arbitrary and capricious if it requires the road to be brought up to standards and then rejects the request. Mr. Asleson noted, in this case, there is a written agreement that the road will remain private. If improvements are to be made, it should be done as a City contract or at least inspected by the City. MOTION: of Branning, seconded by Savanick, amending the foregoing mo- tion by requiring that any improvements to City standards be made by City contract or inspected by the City Engineer. AMEND MOTION Mr. Sheldon said Mr. Beckman should meet with the Engineer and get information on the costs before the Council makes a decision. He should then make a specific proposal for the Council to consider. Mr. Beckman then said he would withdraw his request to dedicate the street until he could get more information. The Council received copies of a letter dated July 5, 1985, from the TRAFFIC SIGNAL Dakota County Traffic Engineer on proposed signals at County Road 42 REPORT and Galaxie and Cedar Avenue and 142nd Street. Mr. Gretz said the County Board did not approve the request for installation at its July 23, 1985, meeting because it wants further review of its capital improvements program and is concerned about setting a precedent for future projects. A method of instal- ling the signals and getting reimbursement from the County for its share is still being explored and he and Mr. Asleson are going to be meeting with MnDOT next week. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1985 Page 7 Larry Evers, of Community State Bank, described traffic problems on County Road 42 at Garrett Avenue and asked if signals at Galaxie could be installed this fall or if signals at Garrett Avenue could be considered. Mr. Gretz said it would not be possible for signals to be installed until early 1986 even if approved now. There is some confusion about usage of Municipal State Aid funds and they hope to clarify it at their meeting next week. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1985- 145 requesting the Dakota County Board to request its Traffic Engineer to conduct a study of the intersection of County Road 42 and Garrett Avenue to determine the need for signalization. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1985- 146 requesting the Dakota County Board to request the Minnesota Department of Transportation to conduct a speed limit survey on County Road 42 between Cedar Avenue and Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. RES. 1985-145 STUDY C.R. 42 & GARRETT RES. 1985-146 SPEED SURVEY C.R. 42 FAST OF CEDAR The Council accepted the resignations of George Miller and Sandra Boyd PARK COMMITTEE from the Park Committee. Mr. Gurban noted there are also two vacancies RESIGNATIONS on the Historical Committee for which no applications have been received. The Council agreed to accept applications for these vacancies until September 15, 1985. Councilmember Savanick said she is preparing the next issue of the "COUNCIL TABLE" "Council Table" newletter for distribution in early September. She asked ARTICLES that articles or revisions to articles previously given to her be submitted by August 1, 1985. MOTION: of Savanick, seconded by Holton, cancelling the informal Council CANCEL AUG. 1 meeting of August 1, 1985. Ayes - 5 - Nays - 0. MEETING The Mayor noted the Council has been invited to attend the dedication of the plaque in the Old Town Hall building at Dakota City by the Historical Committee on August 3, 1985. OLD TOWN HALL PLAQUE MOTION: of Holton, seconded by Savanick, cancelling the informal Council CANCEL AUG. 15 meeting of August 15, 1985. Ayes - 5 - Nays - 0. MEETING MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 43809 through 43913 and 43939 through 44125, in the total amount of $6,363,434.79. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:43 o'clock p.m.