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HomeMy WebLinkAbout10/10/1985CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 10th, 1985, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey (attended at 8:03 p.m.) and Savanick (attended at 8:05 p.m.); 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 - 3 - Nays - 0. APPROVE AGENDA CONSENT AGENDA CHANGE ONDER 2 PROJ. 85-220 CHANGE ORDER 2 PROJ. 83-11 FINAL PAYMENT PROJ. 83-11 RES. 1985-185 TAKE BIDS SNOW REMOVAL & ROAD MATERIALS HIRE PARTTIME EMPLOYEE SEPT. 26, 1985 MINUTES MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract with Austin P. Keller Construction for Project 85-220, Scottsbriar 1st Improvements, in the amount of an ad- ditional $2,050.00. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2, Revised, to the contract with Richard Knutson, Inc., for Pro- ject 83-11, Nordic Woods 5th Improvements, in the amount of an additional $51,101.73. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 83-11, Nordic Woods 5th Improvements, as final and authorizing final payment on the contract with Richard Knutson, Inc., in the amount of $18,407.80. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 185 approving specifications for snow removal and street grading equipment rental and furnishing certain road materials for 1985-86 and authorizing advertisement for bids to be received at 2:00 p.m. on November 4, 1985. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Cathleen Gould as a Special Instructor effective October 5, 1985, at a salary of $8.00 per hour. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA Councilmember Humphrey attended at this time. MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of September 26th, 1985, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 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 Mr. Asleson reviewed the 1985 tax levy, collectible in 1986, in the total amount of $4,181,390. He said the impact on property taxes is difficult to predict, at this time, because other data affecting property taxes will not be complete until the end of the year. The revaluation of all property in the City, completed this year, will also cause differences on individual tax bills. Councilmember Savanick attended during this time. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 186 approving the 1985 City tax levy, collectible in 1986, in the amount of $3,399,727 for general purposes and $781,663 for debt purposes, for a total levy of $4,181,390. Ayes - 5 - Nays - 0. RES. 1985-186 APPROVE 1985 TAX LEVY Mr. Asleson reviewed the proposed 1986 budgets for the General, Cable Television, Revenue Sharing, Police Relief and Fire Relief Funds. The budgets for the Liquor, Golf, Water and Sewer and Sports Arena Funds have not yet been completed. He re- viewed the adjustments to the General Fund budget which result in a balanced budget of $5,576,656. It does not include any decisions on salaries for 1986, however, a provision is allowed for adjustments to be made. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-187 187 approving 1986 revenue and expenditure budgets in the amount APPROVE 1986 of $5,576,656 as contained in a document dated September 19, BUDGET 1985, and revised. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-188 188 approvirg full reimbursement of basic cable television CABLE TV COM. service for all members of the Apple Valley Cable Television REIMBURSEMENT Committee commencing with the year 1985. Ayes - 5 - Nays - 0. Mr. Gretz reviewed the Planning Commission report dated October 10, 1985, con- cerning a proposed rezoning and preliminary plat for property at the southwest quadrant of Cedar Avenue and 1-35E. It contains approximately 24.5 acres and is proposed to be platted for 25 single family lots. MOTION: of Savanick, seconded by Goodwin, passing Ordinance No. 348 rezoning part of the Northeast Quarter of Section 16 from Agriculture to R-lC as recommended by the Planning Commission. ORDINANCE 348 REZONE PART OF NE¼, SEC. 16 Mr. Kleckner, the petitioner, said he would like the rezoning and platting con- sidered as a package. If the plat is not acceptable, he would not want to proceed with the rezoning. Mayor Branning said this would be an improper procedure. The rezoning and platting must be separate actions by the Council. Mr. Asleson said, as an example, State Law requires a 4/5 vote of the Council to approve a rezoning while platting requires only a simple majority vote for approval. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1985 Page 3 Rita Dirico asked what some lots would be permitted in an R-lC zone, what the dif- ferences in the R-lA, B and C zones are and what the adjacent property is zoned? Mr. Gretz reviewed the dimensions given in the zoning ordinance and the descrip- tions. He said the Palomino Hills 4th area is zoned R-lC and Lebanon Hills 1st is zoned R-lb. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz said the petitioner requested a single cul de sac in the plat, but the Planning Commission approved it with a loop street and no cul de sac. MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat for property in part of the Northeast Quarter of Section 16 with 25 lots on a single cul de sac, as petitioned by Domestic Deve- lopment, and directing Staff to prepare a development agreement. PRELIM. PLAT PART OF NF1/4 SEC. 16 Councilmember Holton said he is opposed to the request because it is in violation of the City's subdivision ordinance which prohibits cul de sacs in excess of 900 feet in length. Mr. Sheldon said this is true, however, there is a waiver provi- sion if there is a finding that there are unique circumstances which would require the waiver. Mayor Branning said whether the street ends in a cul de sac or loop, the same distance has to be traveled because the street would be extended off an existing cul de sac and this is a unique situation. Councilmember Holton said the street can be looped and not require a waiver and an example of this is North and South Surrey Trail. Councilmember Savanick said she believes a looped street is safety-and allows alternate access if part of the street is blocked. She expressed concern about little pieces of land left in the City all being developed as cul de sacs and asked if adjacent unplatted property would be landlocked if the plat is approved. Mayor Branning said one parcel has been built on and takes access with a private driveway to Hidden Meadow Road. Mr. Gretz said the other parcel is vacant but could have access from Surrey Trail. Mr. Sheldon said when property is platted, a lot cannot be platted without access. Unplatted property does not have to be served by a public street. Both unplatted parcels are existing now and ownership can be transferred without City approval. Both parcels have certain easements that run with the land and do not affect the proposed plat. Councilmember Holton said it appears the proposed cul de sac could be extended and connect to Surrey Trail. Mayor Branning said he was advised that would not topographically be possible. Mr. Asleson said if the Council wishes to grant a waiver for the cul de sac, it would require a finding of fact requiring waiver of certain provisions. He distributed a draft resolution for the council to consider. MOTION: of Holton, seconded by Savanick, tabling consideration of the preliminary plat until October 24, 1985, to review whether findings for certain waivers are met. Ayes - 5 - Nays - 0. TABLE PRELIM. PLAT Councilmember Savanick asked that the zoning on the unplatted parcels be verified and the status of Outlot A of Lebanon Hills Ist Addition be clarified for the next meeting also. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1985 Page 4 MOTION: of Humphrey, seconded by Holton, approving the preliminary plat of The Oaks of Apple Valley III as petitioned by Oak Ridge Associates, with two cul de sacs, and directing Staff to prepare a development agreement. PRELIM. PLAT THE OAKS OF A.V. III Councilmember Holton said he had discussed maintenance concerns with Mr. Gretz since the September 26, 1985, meeting and does not believe this plat presents a problem nor does it violate the subdivision ordinance. Mr. Gretz said a teardrop design will be used on the cul de sac construction and several different snow re- moval techniques will be tried on new cul de sacs this winter. Councilmember Goodwin said he agrees with the plat and does not believe it is the intent to eliminate all cul de sacs. He agreed other snow removal techniques should be tried and snow removal concerns alone should not dictate City policy. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 189 receiving the preliminary engineering report for Project 85-226, The Oaks of Apple Valley III Public Improvements, and setting a public hearing on it at 8:00 p.m. on November 14, 1985. Ayes - 5 - Nays - 0. RES. 1985-189 SET HEARING PROJ. 85-226 County Commissioner Steve Locding was present, Commissioner Voss was COUNTY BUDGET unable to attend, to discuss the County's budget and capital improve- & C.I.P. ments program with the Council. Mr. Asleson said a public informational DISCUSSION meeting on Library System Plans will be held October 28, 1985, at 7:00 p.m. at City Hall. The City received Library Board documents showing the Apple Valley, Lakeville, Rosemount area as first priority for a library and he will schedule this on the Council's October 24, 1985, agenda for a resolution of support. Mr. Loeding said priorities have been included in the capital improvements program and a library is a need for this area. The 1986 County budget included $570,000 in the building fund for a library. A new jail is being mandated by the State and the Board may be considering the use of bonds to finance it. Additional court space is becoming a very important need and centralization of court and jail faci- lities in the County is also being discussed. Mr. Loeding reviewed the schedule for improvements in the capital improvements program if done on a cash basis. If bonding for a jail is used, it would move the time table up by four years. If businesses, officials and citizens are in favor of the County using bonding, the Board would appreciate hearing from them. Mr. Asleson said he was asked if Apple Valley would be interested in a western court or central facility. He said it would need some careful consideration, however, the concept is valid. Mayor Branning said basically the City would not be opposed to considering a site. Mr. Sheldon said the Bar Association is con- cerned about court facilities and will probably be asking cities to support acquisition and promotion of a site. Mr. Loeding reviewed other County plans and said the 1986 budget includes a path- way along 140th Street in Apple Valley and will probably be the last detatched pathway the County constructs. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1985 Page 5 Rick Kelley reivewed proposed amendments to the Land Use Guide Plan of the Com- prehensive Plan in Section 34 as detailed in his memo dated October 10, 1985. The amendments must be considered before any rezoning could be acted on for Menard's. If the uses are not compatible with the Comprehensive Plan the re- zoning could not be approved. The amendments involve only shifting land uses and not changing the Comprehensive Plan text. Further changes which the Council, and Mr. Winkler, have discussed would require text amendments and delay the time table for Menard's. This would not preclude consideration of further changes in the future. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- 190 accepting amendments to the Land Use Guide Plan of the Comprehensive Plan, as recommended by the Planning Commission, in Section 34, described as "Proposed Modifications to Accommo- date Menard's, and authorizing transmittal to the Metropolitan Council. Ayes - 5 - Nays - 0. RES. 1985-190 MENARD'S LAND USE AMENDMENTS BLDG. PERMIT SKIPPER'S RESTAURANT MOTION: of Holton, seconded by Savanick, authorizing issuance of a building permit for Skipper's Restaurant on part of Lot 1, Block 1, Apple Valley Commercial Addition, as recommended by the Planning Commission. Councilmember Humphrey said he went to the West St. Paul restaurant and it is a nice building, however, he would question whether plastic utensils and paper plates are appropriate in a Class I restaurant. Mr. Gretz read the definitions of Class I and Class II restaurants in the zoning ordinance which apply to where food is served. A representative of the restaurant was present and said they do use sil- verware; plastic utensils are used for carry-out orders. The food is served at tables, usually in baskets with disposable containers for chowder and drinks. Waitresses bus the tables and they use coffee mugs and glasses for beer and wine. Mayor Branning asked if the decor could be changed so food is not served in baskets? The restaurant representative said the restaurant is not designed to serve all food in glass or china containers. They would not have adequate dishwashing facilities. It is not a fast food restaurant. Councilmember Humphrey said he believes it is more of a Class II restaurant than a Class I. Mr. Sheldon reviewed the definitions and said they are ongoing. If it is approved as a Class I restaurant and operate as a Class ti restaurant, it would be in violation of the zoning ordinance. MOTION: of Humphrey, seconded by Branning, tabling consideration of the building permit until the Council can go to an existing restaur- ant. Ayes - 2 (Branning and Humphrey) - Nays - 3 (Goodwin, Holton and Savanick). Motion Failed. REQUEST TABLING ITEM CALL FOR VOTE MOTION: of Holton, seconded by Savanick, calling for a vote on the mo- tion. Ayes - 4 - Nays - 1 (Humphrey). Vote was taken on the motion. Ayes - 3 (Goodwin, Holton and Savanick) - Nays - 1 (Branning) - Humphrey Abstained. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1985 Page 6 The Council received a letter from Hunters Wood Neighborhood Associa- tion requesting three additional street lights. Mr. Gretz reviewed the request and said the area in which they are requesting the lights is undeveloped and adjoining the subdivisions. HUNTERS WOOD STREET LIGHTS Councilmember Holton said one light on Palomino Drive could be justified for safety reasons and another light could be installed adjacent to the developed area if its cost is paid by the homeowners. Police Chief Rivers said he had looked at the area and does not believe it is required. In his opinion, the extra lighting would not have made a difference in the incident referred to in the letter because no one lives near enough to be able to see anything happening. Couneilmember Savanick agreed the light at Palomino Drive and Hunters Way might be necessary, but would like to look at the area again. The Council took no action at this time. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 349 amend- ORDINANCE 349 lng City Code Section 3-61(d) by clarifying that clubs with SUNDAY LIQUOR on-sale liquor licenses are also eligible for Sunday liquor ELIGIBILITY licenses. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving a special license for Sunday liquor sales to Apple Valley American Legion Post 1776 for 1985. Ayes - 5 - Nays - 0. AMERICAN LEG. SUNDAY LIQUOR The Council received a copy of the draft report of the Aggregate Re- AGGREGATE sources Advisory Committee on protecting aggregate resources in the RESOURCE COM. metropolitan area. The report will be the subject of a public meeting REPORT October 15, 1985. Mr. Gretz a member of the Committee and will be attending the meeting. The recommendations are on page 2 of the report and will be endorsed by the Committee. The Council concurred with lhe recommendations. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 191 awarding the contract for Project 85-230, Deep Well No. 11 Pumping Facility, to Richmar Construction, the low bidder, in the amount of $109,340.00. Ayes - 5 - Nays - 0. RES. 1985-191 AWARD CONTRACT PROJ. 85-230 RES. 1985-192 AWARD CONTRACT PROJ. 85-233 HIRE BROOKS LIQUOR EMP. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 192 awarding the contract for Project 85-233, Electric Motor Control for Pumphouse No. 4, to A & K Construction, the low bidder, in the amount of $24,640.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring Bix R. Brooks as a parttime Liquor Clerk effective October 14, 1985, at a starting salary of $4.50 per hour. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, to pay the claims and bills, checks numbered 31095, 45255 through 45325 and 45327 through 45384, in the total amount of $337,946.44. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:41 o'clock p.m.