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HomeMy WebLinkAbout04/26/1984CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 26th, 1984, 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 8:04 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA CEDAR PARK P.T.O. BINGO LICENSE R. BERRY'S SOFTBALL BEER LICENSES BLDG. PERMIT LOT 5, BLK 2, V.C. PARK 2ND RES. 1984-60 AWARD CONTRACT PROJ. 83-17 RES. 1984-61 FINAL PLAT PILOT KNOB 3RD RES. 1984-62 AWARD CONTRACT WATER METERS MOTION: of Holton, seconded by Savanick, removing revisions to the Com- prehensive Plan from the consent agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving a bingo license for Cedar Park Elementary School P.T.O. for use on May 4, 1984, and waiving the requirement for a bingo manager's fidelity bond as permitted by City Code Section 14-35(a). Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving two temporary on-sale 3.2 beer licenses for Shonrik Development, Inc., d/b/a R. Berry's Softball Team for use at Valley Middle Ballfields on May 5 and 6, 1984, and June 2 and 3, 1984. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving a building permit for an office building on Lot 5, Block 2, Valley Commercial Park 2nd Addition, subject to a 24-foot wide access drive to Pennock · Avenue, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by 8avanick, adopting Resolution No. 1984- 60 awarding the contract for Project 83-17, Dismantle and Remove 500,000 Gallon Elevated Reservoir, to Service Enterprise, the low bidder, at no charge to the City. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 61 approving the final plat and Development Agreement for Pilot Knob Estates Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 62 awarding the contract for the purchase of water meters for the period May 1, 1984, through April 30, 1987, to Badger Meter, Inc., the low bidder, based on bids received April 19, 1984. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Page 2 MOTION: of Savanick, seconded by Goodwin, approving the minutes of the special meeting of April 5th, 1984, and the regular meeting of April 12th, 1984, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if anyone 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. APRIL 5 & 12, 1984 MINUTES AUDIENCE DISCN. PUBLIC HEARING PROJ. 84-11 John Gretz reviewed the various development activities underway in the northeastern section of the City. These projects include Meadowlark Glen 1st and 2nd Additions, Pinecrest and Sunshine Estates. Mayor Branning called the public hearing to order at 8:12 o'clock p.m. on Project 84-11, Sunshine Estates Trunk Improvements, and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed his preliminary engineer- ing report dated March 6, 1984, on the project. This project involves only trunk utilities; the internal utilities and streets will be installed by the developer. Mayor Branning asked for questions. A representative of South Suburban Evangelical Free Church was present and asked how assessments will be made and will the Church be required to connect to sewer and water? John Gretz said trunk assessments for the Church would be approximately $26,705. Mr. Asleson said trunk assessments for non-residential property are usually levied over a 15-year period and the interest rate would probably be between 9 and 11.5 percent. Mr. Gretz said connection to sewer and water is required when the utilities are available, but there is difficulty in interpreting what "available" There were no further questions and the hearing was declared closed at 8:17 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- RES. 1984-63 63 ordering the installation of Project 84-11, Trunk Improve- ORDERING ments to serve Sunshine Estates. PROJ. 84-11 Councilmember Savanick asked what the total utilities cost will be per lot? Mr. Gordon said the City is only installing the trunks, but the developer has estimated its total utility lot costs at between $9,000 and $10,000. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1984- 64 directing the Engineer to prepare plans and specifications for installation of Project 84-11. Ayes - 5 - Nays - 0. RES. 1984-64 PROJ. 84-11 PLANS & SPECS. ARBOR DAY PROCLAMATION POPPY DAY PROCLAMATION Mayor Branning read a proclamation proclaiming April 28, 1984, as Arbor Day and May as Arbor Month. Rita Gutenkauf, of the Reforestation and Parks Committees, was present and explained some of the Arbor Day acti- rites which will be occurring and presented a check for $659.49 to the City for use in beautification projects. Mayor Branning read a proclamation proclaiming May 18, 1984, as Poppy Day and encouraged citizens to wear a memorial poppy as a symbol of ap- preciation for the services rendered by our nation's veterans. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Page 3 John Gretz reviewed the Planning Commission's report dated April 6, 1984, BIG APPLE MALL on conversion of the Big Apple Rollerway to a retail mall. He described CONVERSION the additional parking required to permit such use and said Staff recom- mends an eight-foot wide sidewalk along the west side of the building and elimination of the driveway access to 147th Street in addition to the Planning Commis- sion recommendations. Councilmember Savanick suggested opening the mall before adding all the extra parking spaces to see if they are necessary. She suggested allowing head-in parking along the south side of the building and not disturbing the landscaping on the west side. She expressed concern about turning movements to 147th Street from the alley access and that the turning radius is too short. Mr. Thorpe, the developer, was present and said he would be willing to move the second access to 147th Street farther east or make the alley entrance wider. MOTION: of Holton, seconded by Humphrey, approving a remodeling building permit and granting variances, as recommended by the Planning Commission, for the Big Apple Mall located on portions of Lots 1 and 2, Block 1, Valley Commercial Park ist Addition, to allow 9- foot wide parking stalls throughout and a 0-foot parking setback for a perimeter drive adjacent to the north and west property lines subject to: the drive being permanently designated and signed for one-way traffic in a clockwise direction around the building; installation of an 8-foot wide sidewalk adjacent to the west side of the building; restricting parking on the east and south sides of the building by signage as "Loading Zone - 30 min- ute attended vehicle limit" and "Fire Zone", respectively; and closing western access to 147th Street with only 147th Street alley access for traffic. BIG APPLE MALL PERMIT & VARIANCES MOTION: of Savanick, seconded by Holton, amending the above motion by re- quiring installation of a 5-foot wide sidewalk in the boulevard on the east side of Pennock Avenue, one foot from the street right-of-way line. AMEND MOTION Councilmember Humphrey asked if this includes the parking lot? Councilmember Savanick said it should include this entire property. Mr. Asleson asked if the Council would rather consider a separate sidewalk project and include all the area from County Road 42 north? Councilmember Savanick said since the landscaping is being disturbed, side- walk should be installed at the same time. Mr. Thorp said he would prefer to have sidewalk installed as a separate project so other missing sections of sidewalk can be included. Vote was taken on the amendment. Ayes - 0 - Nays - 4 (Savanick Abstained). Vote was taken on the original motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Savanick, directing the Engineer to pre- PRELIM. REPORT pare a preliminary feasibility report on the installation of all PENNOCK missing sections of sidewalk along the east side of Pennock Avenue SIDEWALK Between Whitney Drive and 146th Street. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Page 4 MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Forest Point subdivision, as recommended by the Planning Commission, and directing Staff to prepare a development agreement for consideration. FOREST POINT PRELIM. PLAT Councilmember Savanick asked if space is being reserved for a future pathway along the north side of Palomino Drive? Mr. Gretz said there is a 50-foot half right-of-way. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, directing the Engineer to pre- pare a preliminary feasilibity report for installation of public improvements to serve Forest Point. Ayes - 5 - Nays - 0. PRELIM. REPORT FOREST POINT ORDINANCE 315 PINECREST PAD. REZONING RES. 1984-65 PINECREST FINAL PLAT RES. 1984-66 PLANS & BIDS PROJ. 83-12(2) RES. 1984-67 PLANS & BIDS PROJ. 76-9 RES. 1984-68 WAIVE HEARING & ORDER VISTA IMPROVEMENTS MOTION: of Humphrey, seconded by Goodwin, reapproving Ordinance No. 315 rezoning Pinecrest to a Planned Development Designation, as re- commended by the Planning Commission, and approving the summary of the ordinance for publication. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 65 approving the final plat and develppment agreement for Pinecrest and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 66 approving plans and specifications for Project 83-12(2), Meadowlark Glen 1st and 2nd Additions Street Improvements, and authorizing advertisement for bids to be received at 2:00 p.m. on May 31, 1984. Ayes - 5 - Nays - 0. ' MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 67 approving plans and specifications for Project 76-9, Apple Valley/Rosemount Water Connection and Diamond Path Water Main, and authorizing advertisement for bids to be received at 2:00 p.m. on May 31, 1984. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 68 waiving the public hearing; as petitioned by the property- owner, Vista Development, Inc.; and ordering installation of public improvements under Project 83-14 for the property west of The Oaks of Apple Valley II. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- RES. 1984-69 69 awarding the contract for Project 83-14, The Oaks of Apple AWARD CONTRACT Valley II and Vista Property Utility and Street Improvements, PROJ. 83-14 to Encon Utilities, the low bidder, in the amount of $567,141.80. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution Mo. 1984- RES. 1984-70 70 receiving the preliminary engineering report for Project WAIVE HEARING 84-13, waiving the public hearing as petitioned by the & ORDER propertyowner and ordering installation of Project 84-13, pub- PROJ. 84-13 lic improvements to serve Forest Park Estates 4th Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Page 5 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1984- 71 directing the Engineer to prepare plans and specifications for Project 84-13, Forest Park Estates 4th Addition Improvements. Ayes - 5 - Nays - O. RES. 1984-71 PLANS & SPECS. PROJ. 84-13 MOTION: of Savanick, seconded by Goodwin, approving hiring the parttime HIRE PARTTIME employees as listed in the revised memo from the City Adminis- E/~]~LOYEES trator dated April 23, 1984. Ayes - 5 - Nays - 0. The Council received a memo from the City Administrator dated April 24, VOLUNTEER 1984, concerning the Volunteer Recognition Program. Jon Gurban noted RECOGNITION that attached to the memo is the same information distributed at the PROGRAM Council's March 8th, 1984, meeting and he would like input and direction in order to refine the program. Mayor Branning asked the Council to contact Mr. Gurban with any alternatives they wish explored further. Councilmember Holton said he pre- fers to have a framed certificate for distribution and an annual recognition event, but none of the other alternatives at this time. Councilmember Savanick said she would like to have this discussed further at an informal meeting. Mayor Branning agreed and said the Council should be prepared to take action at its second official meeting in May. The Council received a memo from Councilmember Savanick dated April 23, BUILDING USE 1984, concerning public access to park buildings. She said the Yamaha POLICIES Music Program has expanded its scope from when it began as a City-sponsored activity and it is a franchised business. Other commercial groups have expressed interest in using City facilities and the building policy needs to be revised to ad- dress the priority and criteria for renting facilities. Mayor Branning suggested the policy be discussed further at an informal meeting so the Council can take action by June 1st to be effective September 1, 1984. Council- member Savanick said usage by the Apple Valley Play Group also needs to be reviewed. The Council received a memo from Rick Kelley dated April 19, 1984, con- COMP. PLAN cerning the Planning Commission's recommended revisions to the Comprehen- REVISIONS sire Plan. Councilmember Savanick questioned removing the park designa- tion on the Carroll Farm. Mr. Gretz said the park designation at the northwest corner of Pennock and County Road 42 was removed and the location of a park on that property will be determined when the property develops. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 72 authorizing submittal of revisions to the City's Comprehensive Plan to the Metropolitan Council, as adopted by the Planning Com- mission, in accordance with the provisions of the Land Planning Act. Ayes - 5 - Nays - 0. RES. 1984-72 SEND COMP. PLAN REVISIONS TO MET. COUNCIL SAVANICK CONF. ATTENDNCE. COUNCIL TABLE MOTION: of Holton, seconded by Goodwin, authorizing Councilmember Savanick to attend the Minnesota Women in Government conference April 27 and 28, 1984, and approving payment of the registration fees and related expenses. Ayes - 5 - Nays - 0. Councilmember Savanick said she is preparing the next issue of the "Council Table" newsletter for distribution approximately May 7, 1984. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Page 6 Mayor Branning noted he had received several items of correspondence including notice of Independent School District 196 Community Education meeting May 3, 1984. It was noted that the Park Director and Liaison generally attend this annual meeting. MAYOR'S CORRESPONDENCE CLAIMS & BILLS MOTION: of Goodwin, seconded by Savanick, to pay the claims and bills, checks numbered 31038 through 31040, 37219 through 37288 and 37300 through 37394, in the total amount of $4,099,117.30 and the additional claims on the list dated April 26, 1984, in the amount of $41,715.56. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:54 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 26th, 1984, at 9:00 o'clock a.m. at the City Hall, pursuant to due call and notice thereof. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: None. Mayor Branning called the meeting to order at 9:08 a.m. and said the purpose of the meeting is to consult with the City Attorney and Staff about Fischer gravel opera- tions. These operations have been continuing until 3:00 a.m. since April 24, 1984, even though the City thought it had agreements and ordinances which would not allow this to happen. Mr. Asleson reviewed some of the background of gravel operations in the City which began when the City was a Township. As the City developed, it instituted regulations and ordinances to control gravel operations. Previous litigation with the Fischers involved the site north of 140th Street; today?s meeting applies only to the County Road 42 and Galaxie site. The basic contention with gravel operations, over the years, has been hours of operation. In 1973, the Council held a public hearing with the intention of trying to reach a formal agreement with the Fischers on the 42/Galaxie site. In return for storm water ponding easements, certain exceptions to the existing City ordinance were granted including extending operating hours from 5:00 a.m. to 11:00 p.m., Mondays through Saturdays. (At that time, operating hours in City ordinances were 6:00 a.m. to 6:00 p.m.) The agreement was approved July 5th, 1973. In the Fall of 1983, Fischer extended its operating hours beyond 6:00 p.m. A cita- tion was issued, but before a court appearance was held, the 1973 agreement was reviewed and the exception to the hours of operation came to light. There are now questions about that agreement and what it involves that need to be resolved. Jim Sheldon, City Attorney, said the purpose of the meeting is to discuss threatened or pending litigation and, as such, the Council is authorized to hold a closed meet- ing under the attorney-client privilege exception to the open meeting law. MOTION: of Savanick, seconded by Humphrey, to temporarily recess the meeting at this time to hold a closed meeting, under attorney- client privilege, to discuss threatened or pending litigation involving Fischer gravel operations at County Road 42 and Galaxie Avenue. Ayes - 5 - Nays - 0. CLOSE MEETING The meeting was closed at 9:19 a.m. Those in attendance were the Mayor and all of the Councilmembers, Richard Asleson, John Gretz, Mary Mueller and Jim Sheldon. Mr. Sheldon advised that only matters relating to the issue may be discussed and items discussed may not be disclosed or the attorney-client privacy privilege would be lost. The special Council meeting reconvened at 11:15 a.m. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1984 Page 2 MOTION: of Holton, seconded by Goodwin, to authorize the City Attorney to proceed with such action as he deems appropriate related to the Fischer operation, pursuant to the immediately preceding attorney-client meeting, and that the Council will receive a status report at such specially called City Council meetings as may be necessary. FISCHER OPER- ATION ACTION Mr. Sheldon said the Fischer operations was the only item discussed at the Council's closed meeting and his office will not be able to discuss threatened or pending litigation with the public. A member of the audience asked what is the potential of the gravel operation being limited to stopping at 11:00 p.m.? Mayor Branning said he does not have an answer for the long term, but for the short term it will probably not stop at 11:00 p.m. Betty McMahon, of the Dakota County Tribune, asked how long it will take to resolve? Mr. Gretz said it depends on the ultimate action to be taken. Mayor Branning said the Council will receive status reports at special meetings as necessary and he would recommend a report be given at the May 10th meeting. A member of the audience asked if there is some type of action the citizens could take or might have available that the City does not? Mr. Sheldon only to the ex- tent that some type of nuisance claim could be proved as a legal matter. Mayor Branning said there will be an informational meeting May 8, 1984, at City Hall on the history and status of sand and gravel operations in the City and encouraged residents to attend. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Mayor asked that this item be placed on the Council's May 10th, 1984, meeting agenda. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:25 o'clock a.m.