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HomeMy WebLinkAbout03/11/1982CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 11, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 7:30 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Overgard, approving the agenda for tonight,s APPROVE AGENDA meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, removing consideration of a special to the regular agenda and approving all remaining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA EAGAN J.P. AGREEMENT RECIPROCAL ATTORNEY USE BURNSVILLE J.P. AGREEMENT I35E POND "D" CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Overgard, approving the Joint Exercise of Powers Agreement with the City of Eagan for coordinated usage of the City Attorneys in each City for court arraignment proceedings in Division 5 of the County Court and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving the Joint Powers Agreement with the City of Burnsville relating to the Interstate 35E pond "D" that defines the obligations of the City of Apple Valley, the City of Burnsville and MnDOT for the sharing of storm sewer costs necessary to provide a storm sewer outlet from the de- scribed pond "D". Further, pursuant to the Agreement, the City of Apple Valley does hereby approve the plans and specifications pur- suant to paragraph 3 of the Agreement and pursuant to paragraph 4 of the Agreement concurs with the recommendation of Burnsville's acting City Engineer that bids for the project, as received on March 5, 1982, be awarded. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, authorizing the Mayor and City Clerk to execute agreements with Dakota Electric Association for street light improvements as ordered by Resolutions No. 1981-139, 1981-91 and 1981-151 for the Scott Highlands area, the South Apple Valley area and the Farquar Hills area, respectively. Ayes - 5 - Nays - 0. STREET LIGHT AGREEMENTS PROJ. 80-4 REVISED PRELIM. REPORT OUTLOT B, HAMLET I, PLAT WAIVER MOTION: of Savanick, seconded by Overgard, authorizing the City Engineer to prepare a revised preliminary report for improvement Project 80-4, Cedar Avenue related storm sewer, which would update the report currently on file dated March 26, 1980. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, granting a waiver of platting for part of Outlot B, Hamlet I, prior to platting of a condominium project as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 1982 Page 2 MOTION: of Savanick, seconded by Overgard, approving a building permit FASTBANK BLDG. for a "FASTBANK" automated teller bY First Bank Systems on part PERMIT & SIGN of Outlot B, Apple Valley Square, and a sign variance to allow A.V. SQUARE 80 square feet of fascia signage on all four sides of the build- ing as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving a salary increase for Terry Schultz, Recreation Supervisor, to a revised annual salary of $17,484 effective February 20, 1982. Ayes - 5 - Nays - O. SCHULTZ SALARY INCREASE SCHILLING RE- SIGNATION & RE- PLACEMENT RECRUITMENT HIRE PARTTIME EMPLOYEES GRETZ ATTEND SEMINAR MOTION: of Savanick, seconded by Overgard, receiving a memo, dated Mar. 9, 1982, from the City Administrator on the resignation of David Schilling, effective March 19, 1982, and recruitment procedures to fill the vacancy. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Overgard, approving hiring Julie Wing- ert as a Gymnastics Instructor at $7.50 per hour effective March 13, 1982, and Guillermo Moreno as a Liquor Store Clerk at $4.75 per hour effective March 15, 1982. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, authorizing John Gretz, or his designee, to attend a "Contracting for Maintenance and Oper- ating Services" seminar in Madison, Wisconsin, on April 21 and 22, 1982. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Overgard, approving the minutes of the FEB. 25, 1982 meeting of February 25, 1982, as corrected. Ayes - 5 - Nays - 0, MINUTES Mayor Garrison read a proclamation proclaiming the week of April 12 to 16, 1982, to be Building Safety Week in Apple Valley urging the citizens to be aware of the role the Building Official plays in protecting the health, safety and general welfare of the residents. BUILDING SAFETY WEEK PROCLAM- ATION OAK RIDGE SUBDIVISION ORDINANCE 268 OAK RIDGE REZONING OAK RIDGE PRELIM. PLAT PREPARE OAK RIDGE ENG. REPORT John Gretz reviewed the modifications to theproposed Oak Ridge Subdivi- sion described in his memo to the Council, dated March 4, 1982. The re- visions were requested by the Council at its February 25, 1982 meeting. MOTION: of Overgard, seconded by Branning, passing Ordinance No. 268 rezoning the proposed Oak Ridge Addition property, located in Section 21, from R-lA to R-lC as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving the preliminary plat of Oak Ridge Addition, as modified, and directing Staff to prepare a subdivision agreement for Council consideration. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, authorizing the City Engineer to prepare a preliminary report for improvements in Oak Ridge Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 1982 Page 3 John Voss reviewed the proposal for the Birdsong Planned Development lo- cated east and west of Pilot Knob Road and south of County Road 38 contain- ing 275 acres. A total of 1,080 dwelling units are proposed, 231 east of Pilot Knob Road or 3 units per acre; and 848 west of Pilot Knob Road or 4.5 units per acre. A 10 to 15 acre park is proposed on the southeast corner of Pilot Knob Road and County Road 38. BIRDSONG PLANNED DEVELOPMENT PROPOSAL Mr. Voss said rather than using a planned development agreement, it is proposed to rezone it to planned development with the resoning ordinance including three exhibits; the zoning plan, staging plan and statistical data specifying units per acre in each zone. Keith Gordon said utilities can be extended along Pilot Knob Road to serve the area and the trunk charges for the area would be adequate to finance construction. Any surround- ing area would not he assessed. Councilmember Savanick asked when assessments would be levied and what the term would be? Mr. Gordon said when the trunks are extended for the first phase, all 275 acres would be assessed trunk charges. Mr. Asleson said, depending on what area is included in the first plat, assessments on it would be levied for a three-year term and the trunk as- sessments on the remaining property would be for some longer term. Councilmember Branning said he is concerned about the intent of the developer; is it to rezone the property and sell it or to develop it? Bill Dolan, representing the develop- ers, said they intend to develop the property themselves and stay with the property all the way. Mr. Dolan said because of the large assessment involved, they have petitioned for the overall zoning and would like the densities fixed. · Councilmember Branning asked if the property were zoned in accordance with the Compre- hensive Plan, what would the zoning be west of Pilot Knob Road? Mr. Voss said the Plan shows residential densities and the proposed rezoning would meet those densities. Mr. Asleson said the statistical data on densities should read maximum permitted units" if approved. Councilmember Savanick said shedoes not believe zoning this large an area at one time is best for the City. She said she is concerned about traffic in the area and trans- portation into and out of the area. There are no Federal funds available to improve roads like Pilot Knob Road which would be the main access. She said she believes it is speculative zoning and is uncomfortable with planned development zoning. She asked how the land in each zone would be defined, would there be metes and bounds descriptions? John Gretz said yes, there would be metes and bounds descriptions. Councilmember Savanick said she is most concerned about road problems with the density being proposed and said Pilot Knob Road cannot absorb this large of a development. She also said she is concerned about extending City services to the area and if the lots were large enough, they would not need sewer and water at all. Councilmember Kelly said she is also concerned about Pilot Knob Road, but plans have been approved in other parts of the City before roads were upgraded. Large lots would not be reasonable or economical in today's market. Mr. Asleson said because of the cost to bring utilities from Elkwood Drive, north, to the area, a large financial commitment is involved. Even if a small part of the property were proposed to be developed, the utility trunk construction costs would be the same as for the larger area. CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 1982 Page 4 Councilmember Branning said he is concerned that if the property is rezoned, assess- ments are levied and a house built, the developer may not be around to complete the rest of the development and pay the assessments. Mr. Asleson said at this.time the Council is considering the rezoning. When the petitioner requests platting of the first phase, the Council has the ability to require payment guarantees before utili- ties are extended. Councilmember Overgard said at one time the Council discussed rezoning the City to con- form to the Comprehensive Plan land uses and rezoning a large area as proposed is not any different. Mayor Garrison said the proposal meets the densities in the Comprehen- sive Plan and does a good job of protecting the single family homeowners' interests in Greenleaf and the Woods areas with R-lC abutting them. Councilmember Branning said the proposal would be feasible with a large enough developer to finance utilities and make the project work. Mr. Dolan said they are intending to install their own utilities rather than finance them through the City. Mayor Garrison asked if they-.would furnish a letter of credit or cash to protect the City if they re- quest utilities? Mr. Dolan said yes they would. Councilmember Branning said he is concerned with the City financing the utilities and asked'if, as a condition of zoning, the City could require the developer to extend the utilities? Jim Sheldon said the City cannot require specific things for a rezoning, but can for platting. Councilmember Savanick asked how many vacant lots with sewer and water are left in the City? Mr. Gretz said approximately 1,200. She said she is concerned about the City becoming overextended. Mr. Asleson said the total assessments against the property are much less than the value of the raw land and delinquent assessments have not been a problem in the past. He said the Council can require necessary financial guarantees from the developer to protect the City before the utilities are approved. MOTION: of Overgard, seconded by Kelly, directing Staff to prepare an BIRDSONG ordinance rezoning the Birdsong area to planned development a- CONCEPT PLAN long with exhibits of the zoning plan, staging plan and statis- tical data on maximum dwelling units, as recommended by the Plan- ning Commission, and an amendment to the Comprehensive Plan ur- banized area map for the Council to consider; and approving the Birdsong proposal in concept. Mr. Sheldon noted that any vote on this motion does not bind the Council to the rezoning and is not a decision to rezone. A future vote on the rezoning ordinance itself will still require a 4/5 majority of the Council to be approved. Mayor Garrison said because the Council has copies of the Planning Commission pro- ceedings on the public hearing, he would accept public comments only on information not previously presented to the Planning Commission. Mr. Rudy Olson, of the Woods area, 'said the public was first informed of this proposal at the December 16, 1981 public hearing and the petitioner had been working with Staff since July and had been before the Planning Commission previous to that and believes public input should have been taken earlier. Mayor Garrison said original plans brought in by developers are often amended several times before they are acceptable to CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 1982 Page 5 the Staff and Planning Commission and it would not be practical to hold a public hearing until at least most of these changes have been made. Mr. Olson said he is concerned that there is no binding commitment on the developer to build anything. Just the rezoning does not help the tax base of the City. He said it is not consistent with the Comprehensive Plan which shows all single family east of Pilot Knob Road and there is no preliminary plat included. Each area should be rezoned separately with a preliminary plat so they will know what the area will look like. Mayor Garrison said because of the large financial connnitment for improvements, the pro- posal would not be financially feasible if done on a piecemeal basis. John LeMay, of the Woods area, said the City's criteria for a planned development include other items not being considered, such as streets, and an agreement. If there is no planned development agreement, what is the Council considering? Mr. Sheldon said there would be no planned development agreement, but a more formal ordinance specifying uses which should be more enforceable than an agreement. Sarah Mardell, of the Woods area, referred to a petition she had presented to the Plan- ning Commission opposing the rezoning and said they had relied on the Comprehensive Plan that the area east of Pilot Knob Road would be all single family residential and not multiple. She said she had spoken with Mr. Dolan and he said the manor homes proposed would be in the $100,000 to $200,000 price range. With that price range, he should be able to have some plan that could be all single family homes. She said the residents in the Woods have been there a long time and want to preserve the quality of their neighborhood. There should be some type of buffer zone around the Woods such as one acre lots abutting it or an area of green space and trees. MOTION: of Kelly, seconded by Garrison, tabling consideration of the Bird- song proposal until March 25, 1982. Ayes - 3 - Nays - 2 (Branning and Savanick). TABLE BIRDSONG RES. 1982-33 METRO REGIONAL R.R. AUTHORITY MTC ROUTE CONSOLIDATION ORDINANCE 269 GAMBLING LIC. FEES TABLE BUILDING USE POLICY MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1982-33 commenting to the Dakota County Board on its potential involvement in the Metropolitan Regional Railroad Authority and expressing con- cernf.about establishing another level of metropoltan government. Ayes - 5 - Nays - 0. The Council received a memo from the City Administrator, dated March 8, 1982, advising of a public hearing by the Metropoltan Transit Commission to consider consolidating Routes 39A and 39B because of a decrease in ridership. The Council has no comments. MOTION: of Savanick, seconded by Garrison, passing Ordinance No. 269, a- mending Section 14-55(a) of the City Code, by revising the fees for the operation of gambling devices, Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Kelly, receiving a proposed revised usage policy for Hayes Community Center and the Apple Valley Pool & Rac- quet Club and tabling until March 25, 1982. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 1982 Page 6 MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 34 approving plans and specifications for Project 82-2, repairs Co, Deep Well No. 5, and authorizing advertisement for bids to be received at 2:00 p.m. on April 20, 1982. Ayes - 5 - Nays - 0. RES. 1982-34 PROJ. 82-2 PLANS & BIDS The Council received a memo, dated March 8, 1982, from the City Administrator on Park Director recruitment. He asked the Council to set a special meeting at which time he said he believes a decision can be made. MOTION: of Overgard, seconded bY Branning, setting a special meeting at SET SPECIAL 8:00 p.m. on Tuesday, March 16, 1982, at the City Hall to con- MEETING sider hiring a Park Director. Ayes - 5 - Nays - 0. The Council received a memo, dated March 9, 1982, from the City Adminis- SEWER & WATER trator concerning review of the Comprehensive Sewer and Water Plans. Mr. PLAN REVIEW Rosene cannot be present on April 1st and the Council discussed resched- uling the meeting. Mr. Asleson suggested the Council begin one of its regular meetings at 7:00 p.m. when there is a short agenda. The Council agreed to discuss this further at its next meeting. John Gretz reported on the recent spill at the Williams Brothers Pipe- WILLIAMS BROS. line Station. He said the spill was cleaned up quickly and there is no PIPELINE SPILL danger to the City's water supply. He also said that because of other leaks in the line, the Pollution Control Agency is requiring hydrostatic testing of all the lines. Mr. Asleson said with the PCA and Health Department, the City does not have local control over these conditions, the State of Minnesota does. Mr. Gretz said he will continue to monitor what is happening with the State agencies. MOTION: of Overgard, seconded by Savanick, to pay the claims and bills, checks numbered 23715 through 23722, 26604 through 26677 and 26686 through 26784, in the total amount of $1,268,134.12. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Kelly, seconded by Overgard, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:12 o'clock p.m.