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HomeMy WebLinkAbout05/13/1982CITY OF, APPLE VALLEY Dakota County, Minnesota May 13, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 13, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Councilmembers Branning, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: Mayor Garrison. Acting Mayor Kelly called the meeting to order at 7:33 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Branning.,. approving the agenda for to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Branning, seconded by SavaniCk, removing the Christus Victor Church waiver of platting from the consent agenda, adding the ware- house building permit, townhouse building permit, improvements in The Oaks, street lights, gambling license and Project 82-5 to the consent agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Savanick, approving a building permit for a warehouse and food processing center according to plans, dated April 2, 1982, on Lot 1, Block 1, Apple Valley Industrial Park 3rd Addition subject to the completion of 145th Street including mun- icipal sewer and water into the property prior to occupancy of the structure as recommended by the Planning Commission. Ayes - 4 - Nays - 0. BLDG. PERMIT WAREHOUSE A.V. IND. PARK BLDG. PERMITS TOWNHOUSES VALLEY SOUTH RES. 1982-59 WAIVE HEARING & ORDER PROJECT 82-1 MOTION: of Branning, seconded by Savanick, approving issuance of building permits for 15 townhouse units on Outlot A, Valley South, accord- ing to the April l, 1982, site and landscape plan as recommended by the Planning Commission subject to the construction~df sidewalk along Glazier Avenue and a pathway along the north edge of the site between Glazier and Cedar Avenues prior to issuance of oc- cupancy permits for the structures. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- 59 receiving a petition from all property owners involved re- questing installation of improvements in The Oaks of Apple Valley subdivision, waiving the public hearing on the project and order- ing the installation of the improvements known as Project 82-1. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- 60 approving plans and specifications for Project 82-1(1), Util- ity Improvements in The Oaks of Apple Valley subdivision, and authorizing advertising for bids to be received at 2:00 p.m. on June 10, 1982. Ayes - 4 - Nays - 0. RES. 1982-60 BID ADVERTISE PROJ. 82-1(1) MOTION: of Branning, seconded by Savanick, authorizing conversion of all existing mercury vapor street lights to high pressure sodium lights based on the cost estimate of Dakota Electric, dated May 5, 1982. Ayes - 4 - Nays - 0. CONVERT STREET LIGHTS TO SODIUM CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1982 Page 2 MOTION: of Branning, seconded by Savanick, approving issuance of a gambling license for all devices including raffles to American Legion Post 1776 for the one year period May 14, 1982, through May 13, 1982. Ayes - 4 - Nays - 0. AMERICAN LEGION POST 1776 GAMBLING LICENSE MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- RES. 1982-61 61 awarding the contract for Project 82-5, 1982 Sewer Television AWARD CONTRACT Inspection, to Clear Water Research, the low bidder, in the a- PROJ. 82-5 mount of $8,190.00. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, approving hiring the part- time and seasonal employees as listed in the memo from Terry Schultz, dated May 10, 1982. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEES MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- RES. 1982-62 62 awarding the contract for Project 82-3, the 1982 Street Main- AWARD CONTRACT tenance Program, to McNamara-Vivant Contracting, the low bidder, PROJ. 82-3 in the amount of $146,055.00. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, approving a 1982 transient merchant license for Kristin Nelson to sell Avon products. Ayes - 4 - Nays - 0. TRANS. MERCHANT LICENSE TRANSIENT MERC. LICENSE REFER ALARMS PROBLEM TO URBAN AFFAIRS CHANGE ORDER 1 PROJ. 79-10 VARIANCE, LOT 1, BLK. 2, COBBLESTONE LV. VARIANCE, LOT 7, BLK. 1, A.V. 10TH BLDG. PERMIT SINGLE HOUSE ON UNPLATTED LAND MOTION: of Branning, seconded by Savanick, approving a 1982 transient merchant license of Larry Shones to sell garden produce. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, referring consideration of initiating a false alarm user's fee to the Urban Affairs Com- mittee for research as requested by the Police Chief. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, approving Change Order No. 1 to the contract with Fredrickson Excavating Co. for Project 79-10 in the amount of an additional $13,400.00. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, granting a variance to allow construction with 25 and 0ne-half feet of the northwest side of Lot 1, Block 2, Cobblestone Lakeview Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, granting variances for Lot 7, Block 1, Apple Valley 10th Addition, to construct a detached garage set back up to 27 feet from the east lot line and up to 11 feet from the rear lot line as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, approving a building permit for a single family detached dwelling according to the.survey dated April 1, 1982, on unplatted land at Cedar Avenue and 132nd Street as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1982 Page 3 MOTION: of Branning, seconded by Savanick, granting a variance for a house addition to construct within five feet of the south lot line on Lot 22, Block 7, Apple Valley 12th Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. VARIANCE LOT 22, BLK 7, A.V. 12TH RES. 1982-63 ASSESSMENT DIVISIONS APRIL 22, 1982 MINUTES MAY 4, 1982 MINUTES AUDIENCE DISC. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- 63 approving division of special assessments for Nordic Woods 4th Addition, Deep Well No. 10 Property, Cobblestone Manor and Watrud/ Palomino Property in Section 20. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Overgard, approving the minutes of the regular meeting of April 22nd, 1982, as written. Ayes - 3 - Nays - 0 (Branning Abstained). MOTION: of Branning, seconded by Overgard, approving the minutes of the special meeting of May 4th, 1982, as written. Ayes - 4 - Nays - 0. Acting Mayor Kelly asked if there was anyone in the audience who wished to address the Council at this time on any item not on the meeting agenda. There was no one. John Gretz reviewed the history of the Apple Valley Red-E-Mix (Fischer) APPLE VALLEY gravel mining litigation. In 1972, the City reached an agreement with RED-E-MIX Shakopee Sand & Gravel concerning mining operations on the property which GRAVEL DISCUSSIO~ is now owned by Apple Valley Red-E-Mix Apple Valley Red-E-Mix did not recognize the agreement and in a Court action, the agreement was declared invalid. The City appealed this Court decision and at the same time began negotiations to agree on a settlement with Apple Valley Red-E-Mix. A proposed settlement agreement has been drafted for consideration. If the City were to continue with the appeal, whatever decision finally comes from the Court would still require a written agreement. Mr. Gretz said the Council, in reviewing the proposed settlement, should consider whether the City might be in a better bargaining position after the Court decision; or is this agreement, reached by negotiation, better than what might come out of the Court decision? John Voss commented On the restoration and grading plan and operation and staging plan required by the proposed agreement, He reviewed some of the requirements of these plans which must be filed with the City by March 1, 1983. Jim Mulder, 6500 West 134th Street, asked if Mr. Voss had looked at other cities' re- storation and grading plans and are there more specific requirements for those plans that could be included in the agreement? Mr. Voss commented on his company's exper- ience with such plans and said more requirements could be included, but he believes they are not necessary and the agreement is acceptable. George Hoff, the attorney representing the residents, said they have had an opportunity to review the proposed settlement and they object to it. He said the reasons for the objections have previously been given to the City in writing. He said further objections include that they do not believe this settlement is a reasonable compromise. Mr. Hoff read paragraph 18 of the proposed settlement and said it does not set standards that will apply to the restoration and staging plans and does not provide for a time limit for re- claiming the area. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1982 Page 4 Mr. Hoff said the scenic easement concerns them because even though it will be a Buffer area, gravel will be mined in it. He said it should be a 200-foot easement which will remain until just prior to platting of the property and then material removed to bring it down to surrounding grades. Mr. Hoff said the agreement should clearly delineate the two parcels of the property. If this agreement shoudl fall apart, excavation, mining, and processing would be allowed on both parcels which is more than would be allowed if 4t were treated as two parcels. He referred to the City's Comprehensive Plan and read a statement pertaining to the City allowing gravel mining until it disrupts surrounding neighborhoods which he believes this operation now does. Mr. Hoff said he believes the City should proceed with the appeal because he believes the question of a pre-existing nonconforming use would be ruled in favor of the City. He also said the City should continue to negotiate a better agreement. Richard Carlson, 13596 Findlay Avenue, said he does not agree with the agreement. The City should continue to negotiate because the two parcels should be treated separately, the required plans are not well enough defined, the arbitration panel is a problem, there is.no authority for the City to approve the plans, plat approval should be ad- dressed differently, hours of operation are a problem, and the 200-foot easement is a vanishing easement. He said the City should continue with negotiations and the appeal. Jim Mulder said they are concerned as citizens living in the City about the future and the control over what will happen. He said he recognizes Fischer has a right to use the property, but the agreement will apply to the property for a long time and take pre- ference over future ordinances, etc. He said this is a unique situation because it is so near a residential area and would like more safeguards in the agreement. Gerald Duffy, the attorney representing Apple Valley Red-E-Mix, said he thinks what exists in the agreement is good for both Mr. Fischer and the City and he agrees to it. David Graven, the attorney representing the City in the appeal, said he believes this is a satisfactory settlement of this matter. No matter what the decision of the Court might be, there would still have to be an agreement reached between the parties. The weakness in the agreement is that Fischer is not giving up the pre-existing nonconform- ing use status, but the City has gained many other points in the agreement. Mr. Hoff said if the City were to win the no nonconforming use status on the east-west 80 acres, the City would be in a more powerful to negotiate a better agreement. Jim Sheldon, the City Attorney, said this settlement was reached by three-tiered nego- tiation and he believes it is as good an agreement as can be negotiated. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- 64 approving the Stipulation of Settlement and authorizing the Mayor and Clerk to sign it, and approving the Stipulation of Dismissal of Appeal and authorizing the City's attorneys to sign it in the matter of Apple Valley Red-E-Mix, Inc., vs. City of Apple Valley and Shakopee Sand and Gravel Company. RES. 1982-64 APPROVE SETTLEMENT & DISMISSAL Councilmember Overgard asked if the City will get what is best by the proposed reclam- ation and grading requirements? Mr. Graven said yes, there is no other way than to base reclamation on economically using the material that is there. CITY OF APPLE VALLEY Dakota County, Minnesota Mmy 13, 1982 Page 5 Councilmember Branning asked for a clarification of Exhibit C, Mr. Sheldon said this relates to the restoration and grading and the existing surrounding property basically already governs what the final plan will be. There is not much room for deviation be- cause of the grades of existing roads, utilities, etc. Councilmember 0vergard asked Mr. Hoff to clarify the "vanishing easement" statement. Mr. Hoff referred to Exhibit B and said from the date the "Cessation Declaration" is filed, Fischer has 18 months to continue operating and can then mine in the easement. Mr. Gretz said they can mine in the easement for 18 months, but when that is done, the property must be in conformance with the grading plan. Councilmember Savanick questioned the depth of mining in the easement. Mr. Sheldon said before the mining is finished, a reclamation plan would have to be filed with the City. The depth of mining in the easement would also be controlled.by the physics doctrine of lateral support which would restrict perpendicular mining to the abutting property lines. Mr. Gretz said while the mining is underway the slopes could be 3 to 1; but when the mining is finished the slopes must be restored to at least 5 to 1. Councilmember Savanick asked what would happen if trees or other property of the sur- rounding residences were damaged while the easement is being mined? Mr. Graven said any damage to surrounding property would have to be rectified by Fischer. He said this would be a matter of common law applying to any private property damage and not just gravel operators. Mr. Duffy said they recognize that there is a certain amount of gravel abutting other property that is just not mineable because of slope requirements. Jim Mulder said the residents want an easement that will help retard noise and dust for as long as possible until the property develops. Councilmember Savanick asked how the slope requirements would affect the easement line? Mr. Gretz said the same 3 to 1 slope would apply to the edge of the easement line also. Trees and vegetation could not be disturbed in the easement until the "Cessation Declara- tion'' is filed. Rick Carlson said he understands that the easement will have to go some day, but he is concerned that it might be mined before the rest of the area is mined and the residents would be left looking into a hole. Mr. Voss said the staging plan will address the order in which the property can be mined. The staging plan must be filed with the City first and if it is not acceptable, it would have to be amended or it would go to arbitration. Mr. Graven agreed and said it is clear that this is not the intent of having the ease- ment in the first place. Mr. Duffy said the land'is also valuable for development, not just for the gravel mining. They will want to remove the material before it is developed, but they also recognize it will have to be restored before it is marketable. Councilmember Savanick asked if the purpose of allowing mining in the easement is to pre- pare the property for development? Mr. Graven said yes and also to permit mining of as much gravel as is economically feasible. Councilmember Savanick said she does not want to see a large body of water left with unacceptable slopes, etc., as was left at Lac Lavon and this plan with 5 to 1 slopes is more acceptable. Mr. Hoff said more standards should be put in the agreement on reclamation and grading. Councilmember Savanick said this operation is not really a unique situation in the City. There are or were other gravel operations in the City near residential areas. She said she believes this is a new approach to the problem and is much better than what the City previously had. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1982 Page 6 Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Branning seconded by Overgard, approving the request of Dakota Electric, Central Telephone and Minnegasco to change house numbers on 150th Street (County Road 42) to conform to the Dakota County numbering system. CHANGE STREET NAME & HOUSE NUMBERS Acting Mayor Kelly said all addresses have already been entered into the computers for the 911 emergency telephone system and these would require changing also. Mr. O. E. Shefloe, of Minnegasco, said the reason for the request is that there are now two different numbering systems along County Road 42. These numbers, that are not com- patible, cause location problems for utility field crews as well as emergency vehicles. MOTION: of Branning, seconded by Overgard, tabling consideration of this request and directing Staff to notify all affected residents be- fore it is reconsidered. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, referring the request of Barbara Calistro for a special use permit for gravel extraction and pro- cessing back to the Planning Commission for a public hearing. CALISTRO GRAVEL SPECIAL USE PERMIT William McKeag, the architect for Mrs. Calistro, was present and said the request would have minimal impact of surrounding property and the actual operation would only last for about six weeks. He asked if they could be permitted to proceed with the gravel ex- traction and hold the nearing on the processing portion only? Mr. Gretz said some of the gravel will be removed in connection with the Cedar Avenue construction. The hearing could only be on the processing. If they want to mine gravel deeper than is required for the road, Council approval would be necessary. MOTION: of Branning, seconded by Savanick, amending the above motion by referring the gravel processing portion only to the Planning Commission. John Pugsley, 7880 Lower 139th Court, presented a petition to the Council from the residents of Timberwick 5th Addition asking the Council to disallow the entire request. Vote was taken on the amendment to the motion. Ayes - 3 - Nays -1 (Kelly). Vote was taken on the motion as amended. Ayes - 2 - Nays - 2 (Kelly and Overgard). Motion Failed. MOTION: of Kelly, seconded by Branning, approving the request of Barbara Calistro for a special use permit for gravel extraction only on her property subject to review of the grading plans by the City Engineer. Ayes - 3 - Nays - 1 (Kelly). Keith Gordon said to improve Sight distance at the intersection of 140th Street and Cedar Avenue, material from the property should be removed for about 75 feet in each direction from the intersection and there would be a 3 to 1 slope on the property. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1982 Page 7 MOTION: of Overgard, seconded by Branning, approving a 32-square-foot off- site directional sign on the southwest quadrant of the intersec- tion of County Road 11 and 140th Street advertising Cobblestone Manor Townhomes as recommended by the Planning Commission. COBBLESTONE MANOR OFF-SITE SIGN Councilmember Branning said if the request is approved, the sign should be set back far enough from the intersection so it does not cause a sight distance problem. Vote was taken on the motion. Ayes - 2 - Nays - 2 (Kelly and Savanick). Motion Failed. John Gretz reviewed the preliminary plat proposal for Carrollwood Village CARROLLWOOD 6th Addition located south of 140th Street and west of Pennock Avenue. VILLAGE 6TH There are 120 condominium units proposed in three buildings; two 48-unit buildings and one 24-unit building, The locations of the buildings on the site will require relocation of the sanitary sewer and storm sewer on the property. Dick Cottle and Bernie Herman, the developers were present and Dick Cottle described and showed drawings of the buildings. MOTION: of Overgard, seconded by Branning, approving the preliminary plat of Carrollwood Village 6th Addition, authorizing the issuance of building permits for 120 condominium units with occupancy subject to filing of the final plat and granting a variance allowing one open parking space per unit as recommended by the Planning Commis- sion and directing Staff to prepare a development agreement for the subdivision. CARROLLWOOD 6TH PRELIM. PLAT, ETC. Councilmember Branning asked where the driveway entrances on Pennock are located? Mr. Gretz said there are six accesses on Pennock with 1,200 feet of frontage. Councilmember Branning questioned the two drive-up lanes in front of the 48-unit buildings and said they should be used for fire lanes only and not additional parking. Mr. Cottle said they would be used for dropping off people, deliveries, etc., and not parking and could be removed. MOTION: of Overgard, seconded by Branning, amending the above motion by removing the drive-up lanes on the Pennock Avenue side of the two 48-unit building plans, Ayes - 4 - Nays - 0. Councilmember Savanick said she is concerned that the driveway to the north building is too close to 140th Street, she believes the pond should be left the way it is and she asked if all the parking lots could be connected for better interior traffic circulation. Mr. Gretz said the parking lots cannot be connected because of topography problems. Mr. Gordon said the north driveway is 200 feet from the 140th Street intersection and is acceptable, He said the pond level would be raised by about one foot by the grading proposed and he has reviewed the cost estimates for the grading of the utility relocations with Mr. Cottle. Vote was taken on the motion as amended. Ayes - 3 - Nays - 1 (Savanick). Consideration of awarding a contract for the Golf Course Sprinkler Equipment was tabled. MOTION: of Overgard, seconded by Branning, adopting Resolution NO. 1982- 65 authorizing the City Attorney to proceed with "Quick Take" condemnation under M.S. 117,042 on parcels listed in Exhibit RES. 1982-65 CEDAR AVENUE CONDEMNATIONS CITY OFAPPLE VALLEY Dakota County, Minnesota May 13, 1982 Page 8 A for the necessary right-of-way for CSAH No. 23, Cedar Avenue, and all related municipal utility improvements. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- adjusting the 1982 General Fund revenue accounts by a decrease of $116,074; adjusting the expenditure accounts by a decrease of $107,781; and leaving a planned reduction of fund balance of $23,324, all as further detailed in Exhibits A and B. Ayes - 2 - Nays - 2 (Kelly and 0vergard). Motion Failed. 1982 GENERAL FUND BUDGET AMENDMENTS MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982- adjusting the 1982 General Fund Budget as presented except for the reduction on line F.3 of page 1 of Exhibit B (coffee). Ayes - 2 - Nays - 2 (Branning and Savanick). Motion Failed. Lynne Kline was present and said she believes the Council should continue the policy of providing coffee for the meetings. MOTION: of Overgard, seconded by Branning, to reconsider the original motion on the budget amendments. Ayes - 4 - Nays - 0. (The original motion is now on the floor.) MOTION: of Branning, seconded by 8avanick, adopting Resolution No. 1982- RES. 1982-66 66 adjusting the 1982 General Fund revenue accounts by a de- 1982 GENERAL crease of $116,074; adjusting the expenditure accounts by a FUND BUDGET decrease of $107,781; and leaving'a planned reduction of fund AMENDMENTS balance of $23,324, all as further detailed in Exhibits A and B. Councilmember Savanick asked if there could be some kind of compromise on the coffee situation; this was discussed, but not resolved. Vote was taken on the motion. Ayes - 4 - Nays - 0. Consideration of moving the old Golf Course Clubhouse building to Faith Park was tabled. MOTION: of Overgard, seconded by Branning, granting a waiver of plat- ting to allow a 44,000-square-foot parcel to be combined with Outlot 2, Palomino Hills 2nd Addition, Christus Victor Church property, as recommended by the Planning Commission subject to a 20-foot utility easement along the east end of the property. Ayes - 4 - Nays - 0. PLAT WAIVER CHRISTUS VICTOR CHURCH CLAIMS & BILLS MOTION: of Overgard, seconded by Savanick, to pay the claims and bills, checks numbered 23740 through 23751, 27447 through 27479, 27489 through 27524, 27527 through 27541 and 27551 through 27690, in the total amount of $3,672,080.16. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by 0vergard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:15 o'clock p.m.