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HomeMy WebLinkAbout02/12/1981CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 February 12, 1981 at 7:00 p.m., the Apple Valley City Council held an informal meeting at City Hall with Senator Howard Knutson and Representatives Charles Halberg and Carolyn Rodriguez. Some items of interest to the City in the 1981 session of the Minnesota Legislature were discussed including local government aid, industrial revenue bonds, redistricting, the open meeting law, a study of the Metropolitan Council's duties and responsibilities, the sale of wine and strong beer in grocery stores, drug paraphenalia laws, data privacy, election laws, Attorney General as exclusive bond counsel, filling vacancies on city councils and shade tree funding. Representative Rodriguez also said she would like to meet with the Council again at another time to discuss the City's transportation needs. Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held February 12, 1981, at 8:00 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 8:20 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Branning, apprqving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA JAN. 22, 1981 MINUTES CONSENT AGENDA DIAMOND PATH 5TH PRELIMINARY PLAT EXTENSION HERITAGE HILLS 6TH WAIVER OF PLATTING CEDAR AVENUE GRADING EASEMENT MOTION: of Savanick, seconded by Overgard, approving the minutes of the meeting of January 22, 1981, as corrected, and including the City Attorney's letter dated February 11, 1981, regarding zoning, pre- liminary plat approval and planned development agreements, as part of the minutes by reference. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by 0vergard, removing consideration of the Rollins property to the regular agenda, adding receipt of the Fire Department report to the consent agenda and approving all remain- ing items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Overgard, approving a two-year extension of the preliminary plat approval for the remaining balance of Diamond Path 5th Addition until February 8, 1983, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, granting a waiver of platting on Lots 1 and 2 of Block 1, Heritage Hills 6th Addition, because of the house location on Lot 2 and topography as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving a temporary easement, expiring December 1, 1985, to the State of Minnesota on the east side of Cedar Avenue between 140th and 139th Streets for grading and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 2 The Council received the 1980 Fire Department Annual Report and commended it for its work. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-25 25 confirming the election of Richard Tuthill as Fire Chief for FIRE DEPT. 1981 and the appointments of Ralph Dunkle as Assistant Fire OFFICERS Chief; Joseph Dvorak, William Kelly and Richard Munson as Cap- tains; and John Field, Roland Lindeman and Roy Nielsen as Lieutenants of the Fire Department. Ayes - 5 - Nays - 0. MOTION: of Savanick; seconded by Overgard, authorizing the installation of a street light at the intersection of 140th Street and County Road 11. Ayes - 5 - Nays - 0. STREET LIGHT MOTION: of Savanick, seconded by Overgard, approving a revised agreement CARROLL PONDING for storm water ponding with Robert Carroll, expiring December AGREEMENT 31, 1983, with the City paying $1,750 per year to Mr. Carroll. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, authorizing the Engineer to prepare a preliminary report for public improvements in the Morningview development. Ayes - 5 - Nays - 0. PRELIM. REPORT MORNINGVIEW RES. 1981-26 PURCHASE TRACTORS MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1981 -26 awarding the purchase of two diesel tractors with equipment and trade-in as bid to Valley Equipment, Inc., in the total amount of $51,917.00. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, accepting Project 80-5, Johnny Cake Ridge Road Improvements, from Minnesota Valley Sur- facing Co. and authorizing final payment on the project in the amount of $23,087.26. Ayes - 5 - Nays - 0. PROJ. 80-5 FINAL PAYMENT PROJ MOTION: of Savanick, seconded by Overgard, approving Change Order No. 1 to the contract with Alexander Construction Co. for Project 79- 4, 145th Street and Glazier Avenue, in the total amount of $1,920.05. Ayes - 5 - Nays - 0. PROJ. 79-4 CHANGE ORDER MOTION: of Savanick, seconded by Overgard, accepting Project 79-4, 145th ~OJ. 79-4 Street and Glazier Avenue Improvements, from Alexander Construe- FINAL PAYMENT tion Co. and authorizing final payment on the project in the a- mount of $6,708.24. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Overgacd, accepting Project 79-1(3), Pumphouse No. 8, from H & H Enterprises, Inc., and authorizing final payment on the project in the amount of $3,878.00. Ayes - 5 - Nays - 0. PROJ. 79-1(3) FINAL PAYMENT RES. 1981-27 PROJ. 80-15(2) BIDS MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1981 027 approving plans and specifications ~or Project 80-15(2), Well No. 9 Pump, and authorizing advertisement for bids to be received at 2:00 p.m. on March 12, 1981. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 3 MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1981- 28 approving plans and specifications for Project 80-15(3), Pump- house No. 9, and authorizing advertisement for bids to be received at 2:00 p.m. on March 12, 1981. Ayes - 5 - Nays --O. RES. 1981-28 PROJ. 80-15(3) BIDS 1981 LICENSES TRANSIENT MERCHANT LIC. MAXI-ENERGY AUDITS PROMOTE HIPPLE ACCT. CLERK HIRE CARTER RECPT.-TYPIST HIRE SCHULTZ REC. PROG. SUP. HIRE KEHRER FORESTRY TECH. HIRE ULNESS PARKKEEPER I HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Overgard, approving 1981 cigarette li- censes for the Spur Station, Apple Valley Golf Course and the A & W Restaurant and a 1981 on-sale 3.2 beer license for Apple Valley Golf Course. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Overgard, approving transient merchant licenses for the American Lutheran Church for five years; for Jewel Companies, Inc., for 1981; and for Erwin H. Ulrich for 1981. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, retaining Synergistic Design and Engineering to perform maxi-energy audits on the City Hall and Ice Arena at a Cost of $4,800 of which $4,230 will be paid by State and Federal grant funds. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Overgard, approving promoting Jacquelyn Hipple to the position of Accounting Clerk effective February 17, 1981. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Overgard, approving hiring Debbie Carter as Receptionist-Typist effective February 23, 1981. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving hiring Terry Schultz as Recreation Program Supervisor effective February 17, 1981. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving hiring Jeffrey Kehrer as Forestry Technician I effective February 17, 1981. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving hiring John Ulness as Parkkeeper I for park maintenance and the Ice Arena effective February 17, 1981. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving hiring Joanne Barn- hard as After School Program Instructor, effective January 26, 1981; Janice Hansen as Program Assistant, effective January 19, 1981; and Steve Dohmen as parttime Liquor Sales Clerk effective February 17, 1981. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS John Gretz reviewed the Planning Commission's recommendation on the rezoning and prelim- inary plat proposed, on property located south of 140th Street and west of Cedar Avenue, by Art Eaton The property contains approximately 8.5 acres of which 6.27 acres is pro- posed for multiple dwellings and 2.35 acres is proposed for business uses. A planned development agreement would provide that a building permit must be issued within one year on Lot 1 and B-1 uses as well as a retail clothing operation would be permitted on Lot 1. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 4 If a building permit is not issued, multiple residential uses would apply. The agree- ment would be for a period of six years and if no development occurs, the zoning would revert to R-iA. Mike Gair, representing Mr. Eaton, stated that Mr. Eaton must move his store from its present site which is about one mile to the north on Cedar Avenue because of the Cedar Avenue improvements. He owns the property at 140th and Cedar and wishes to keep the store on Cedar Avenue. This site is at approximately the same grade as the two roadways and is separated for the residential area by topography. He asked the Coundil to consider what the appropriate use is for this site. Mr. Gair showed a sketch of the proposed building and the landscape plan. Michael Sovis spoke, representing residents opposed to the proposal, and said there is no guarantee the entire property will be developed as proposed. He said the business zoning on the corner is really spot zoning and may set a precedent and could subject the Council to litigation in future requests. He asked the Council to look at the long te~n interests of the City. Members of Mount Olivet Church were present and were also opposed to the proposal. Mayor Garrison asked Jim Sheldon to comment on Mr. Sovis's litigation statement. Mr. Sheldon said he was referring to "equal protection" for future petitioners, but specu- lation on possible future actions would be premature. Glen Galles, of the Chamber of Commerce was present and expressed concern about busi- nesses having to face new situations where compatibility of residential and business areas conflict. He said the Chamber would like to offer assistance in such conflicts and help business people think through such future situations. MOTION: of Overgard, seconded by Garrison, approving in concept the re~ zoning to a planned development designation and the preliminary plat on the Eaton property south of 140th Street and west of Cedar Avenue, as recommended by the Planning Commission, with M-1 (P.D.) uses on Outlot A and muncipal buildings except pub- lic works garages, offices, clinics for human care and a retail clothing store permitted on Lot l; and directing preparation of the agreement. EATON PROPERTY 140TH & CEDAR REZONING & PRELIM. PLAT Jack Ardoyno spoke in favor of the proposal and said he does not believe business on this corner would affect the value of residential lots. He said it is a good use and it is Mr. Eaton's property. Councilmember Kelly said that homeowners along Cedar Avenue have been dislocated also and the City did not help them relocate. She also said there will not be signals at this intersection for another year or two and the business will cause more traffic problems. With the increasing cost of gasoline, she said it would be better to re- strict businesses to the existing commercial area. Councilmember Savanick asked for statistics on the occupancy of the existing commer- cial area. Mr. Gretz said it is about one-third to one-half developed. Councilmember Savanick said residential should not be rezoned to business when so much commercial property is still available. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 5 Councilmember Branning said he, is not against commercial zoning, but that does not mean the City should approve every request. He said the City has no guidelines on planned developments, such as minimum size. If the property can be zoned it its ultimate use then it should be rezoned,'but not under a planned development. From the Planning commission minutes, it appears to favor B-1 zoning all the way to 140th Street. He commented on some other cities planned development guidelines and said this area is too small for a planned development. He asked Mr. Eaton whether the B-2 zoning at his current site is feasible and if it is not, it should not be shown as B-2. Mr. Eaton. said this will have to be looked at, but it is too far in the future to make a decision now. Mr. Gretz read the permitted B-2 uses in the ordinance. Councilmember 0vergard said she believes B-1 uses would be better at 140th and Cedar than multiple dwellings because of potential traffic problems. Councilmember Savanick asked Mr. Eaton how much land is being taken for Cedar Avenue at his current site? He said about seven or eight acres, leaving about 13 acres, but it would not have good access for a new store. Councilmember Savanick questioned whether the topography on Outlot A would permit multi- ple dwellings? Mr. Gair explained the concept plan for townhouses or condominiums and the grade changes required for development. He said they are not asking for approval of this layout, but it is shown for concept only. Mayor Garrison said he is not opposed to business uses on Lot 1, but it is a step in the door to expanded comercial uses in the area. He does not agree it is a better use than multiple dwellings because of traffic. If the planned development were approved, a request for a change in the future would require another public hearing and Council action. Councilmember Branning said he believes B-1 uses are good at this site, but the retail clothing store is a B-4 use. He said he would agree to rezoning Lot 1 only and doing nothing with the remainder now. Mayor Garrison said if it were rezoned B~4 and sold, any other B-4 uses would be permitted. The Council reviewed the uses proposed to be permitted in the planned development agree- ment. Mr. Eaton said he is proposing to build an 18,000 square foot building and his store would be the only occupant. Jerry Pritchett said he does not want to see commercial of any kind on that corner. Councilmember Kelly said she does not believe the Planning Commission intended to approve other retail clothing operations in this area, only Mr. Eaton's. Mr. Gretz said it would not be possible to define that in an agreement. MOTION: of Kelly, calling for a vote on the question. Councilmember Branning asked the Mayor for a point of order on this motion. The Mayor asked for a second to the motion. There was none and the motion died for lack of a second. Councitmember Branning said he would not want R-1A on this corner and B-1 is the best use. He asked if an agreement could be written to allow the B-4 retail clothing use only. Jim Sheldon said no, not under the existing ordinance. The Council discussed defining this use, such as a western wear store. Mr, Sheldon said this could not be defined in a binding agreement. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 6 Councilmember Savanick questioned the preliminary plat approval procedures. Mr. Sheldon said in a planned development, the preliminary plat is part of the agreement and the rezoning. This will require four votes to pass. The request tonight is for con- cept approval and can be passed with three votes, but the final action will require four votes. Dan Sedergren said not every piece of R-1A property is developable and once it is zoned to B-1, what will prevent Mr. Eaton from selling it to someone else because it will be more valuable? Mayor Garrison commented that every request for a rezoning affects land values in some way. MOTION: Of Savanick, seconded by Kelly, calling for a vote on the motion on the floor. Ayes - 4 - Nays - 1 (Branning). Vote was taken on the motion. Ayes - 2 - Nays - 2 (Kelly and Savanick) (Branning Abstained). Motion failed. MOTION: of Overgard, seconded by Branning, approving in concept the re- zoning to B-3 (P.D.) and preliminary plat on the D.W. Investment property, containing 48 acres, at the Southport site, as recom- mended by the Planning Commission and directing preparation of the agreement. D.W. INVESTMENT SOUTHPORT RE- ZONING & PRELIM. PLAT Councilmember Branning asked what time period the agreement will cover. Mr. Gretz said if the improvements are not installed within a two-year period, the zoning will revert to Agriculture. Branning asked what the policy is on these assessments? Mr. Gretz said it is spread over 15 years on commercial property. Councilmember Branning asked staff to review planned developments in other cities as to their policies on assessments. He said he wants to prevent it from becoming specu- lative property once the utilities are installed. Richard Winkler, the property owner, said he would prefer a three-year period to install the utilities. Keith Gordon commented on the utility improvements of about $2,000,000. Councilmember Savanick asked why this is proposed as a planned development? Mr. Gretz said the City's zoning ordinance does not permit office-warehouse uses in one zone, but a planned development would. Councilmember Savanick asked who will be installing the utilities? Mr. Gretz said that will be covered in the agreement. Councilmember Savanick questioned whether bonds to finance the improvements could be sold. Mr. Asleson said the bonds can be sold, but the interest rates are higher. Mr. Winkler said he will be asking the City to install the improvements and will probably make the request this year. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, amending the unexecuted South- SOUTHPORT P.D. port Planned Development Agreement restricting the sanitary SEWER FLOW sewer flow to 780 gallons per acre per day on the property; said RESTRICTION restriction to be removed when the central trunk sewer is con- structed. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 7 Mr. Winkler asked if the sewer flow can be reviewed annually by the City to see whether it can be increased? Mr. Asleson said he should ask for this review when he needs the information. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of 0vergard, seconded by Kelly, adopting Resolution No. 1981-29 urging the Dakota County Board of Commissioners to direct its staff to proceed with acquisition of the Rollins property, in- cluding condemnation if necessary, and notify the City of its actions. Ayes - 5 - Nays - 0. RES. 1981-2~ ROLLINGS PROPERTY ACQUISITION MOTION: of Branning, seconded by Kelly, adopting Resolution No. 1981-30 receiving the preliminary report on residential street lighting in the area south of County Road 42 and west of Cedar Avenue and setting a public hearing on it at 8:00 p.m. on March 12, 1981. Ayes - 5 ~ Nays - 0. RES. 1981-30 SOUTH A,V. ST. LIGHT HEARING RES. 1981-31 1981 GOLF COURSE FEES UPDATE SEWER & WATER PLANS FISCAL DISPAR- ITIES LAW Review of the proposed Cedar Avenue detatched service drive was tabled. MOTION: of Branding, seconded by Overgard, adopting Resolution No. 1981- 31 establishing the 1981 golf course fees and charges as listed in Exhibit A. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, authorizing Bonestroo, Rosene, Anderlik & associates, Inc., to update the City's Master Sanitary Sewer and Water Plans at a cost not to exceed $17,500. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Kelly, receiving Inver Grove Heights' re- solution requesting repeal of the fiscal disparities law and tabl- ing it until there is more information on its effect on Apple Valley. Mr. Asleson commented that before the Legislature would consider changing this taw, long term study by a task force would be necessary. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Asleson reported on the status of a grant application through International Systems, Inc., related to fleet fuel economy. He said the document will be on the February 26 agenda for consideration. Some of the elements of the grant will include a driver training program and equipping some vehicles with specialized equipment to monitor fuel use. The Council received a memo from Councilmember Overgard dated February 11, 1981, re- garding the Council liaison policy. MOTION: of Overgard, seconded by Kelly, adopting Reoslution No. 1981-32 establishing the Council liaison policy and organization chart as distributed at the January 22, 1981 Council meeting. RES. 1981-32 COUNCIL LIAISON POLICY Councilmember Savanick commented that three of the four liaison areas have the com- missions and committees and this could put too heavy a burden on the people assigned to those areas. Councilmember Overgard said this establishes areas of responsibility and the Councilmembers can attend any commission and committee meeting they wish. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 8 Councilmember Savanick questioned the effect of the open meeting law on the Council discussing liaison activities with each other. Mr. Sheldon said two members cannot discuss City business to form opinions, but they could hold person conversations out- side of a meeting. Councilmember Branning said the liaison system is based on mutual confidence in other members to convey the Council's direction. Since there can be no discussions outside of a meeting on the Council's opinion, it will be difficult to convey this to others. He suggested delaying a decision on this until June or July. He also said liaisons can only be effective if there is personal interest in the function assigned. Mayor Garrison said it would be his intent that during a four-year term of office, each Councilmember would serve one year in each of the four areas. The Council dis- cussed potential problems if three members wanted the same liaison function and had no interest in any other areas. MOTION: of Branning, seconded by Overgard, amending the above motion by changing item C to read, "The City Council shall appoint each Councilmember to a Liaison position at the beginning of each year." The Council discussed this and agreed the Mayor should make recommendations on who should be appointed to each function. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mayor Garrison made the following recommendations for Council liaisons for 1981: Public Safety Services - Kelly; Park Services - Savanick; Community Development Services - Overgard; Administrative Services - Branning. MOTION: of Overgard, seconded by Kelly, appointing the 1981 Council liaisons as recommended by the Mayor above. Ayes - 5 - Nays 0. John Gretz distributed a report from Dakota County on the intersections of Garden View Drive and Pilot Knob Road with 140th Street as requested by the Council at its meeting of December 30, 1980. This report will be scheduled on a future meeting agenda for consideration. MOTION: of Overgard, seconded by Kelly, authorizing Stassen Appraisals to prepare appraisals on the property required for Cedar Avenue improvements from 132nd Street to Whitney Drive where the pro- perty has not yet been dedicated. Ayes - 5 - Nays ~ 0. Councilmember Overgard said a copy of the Council packet should be made available to the public for review before meetings. Mr. Asleson said the public can request to read any of the items as soon as they are prepared before the meeting. If they would like to have copies of any reports, they can be purchased at City Hall. Councilmember Branning said he is on the Grace Lutheran Church Council and those meeting conflict with Council meetings. He asked the Council to consider another night for meetings and said he is not asking for a decision now, but by May 1st he CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 1981 Page 9 would like to change if.the rest of the members would agree. Mr. Asleson said he has a conflict on the first and third Thursdays, but the first and third Mondays would be acceptable and allow the meeting agendas to be published in the newspapers. Mayor Garrison said he has a conflict with changing to other days. Councilmember Savanick asked if the Planning Commission changed to the second and fourth Wednesdays, would the second and fourth Mondays be acceptable? Mr. Asleson said that would be all right with the staff. The Council agreed to discuss this further at its March 12, 1981 meeting. MOTION: of Kelly, seconded by Overgard, to pay the claims and bills, checks numbered 18638 through 18646, 21026 through 21077, 21086 through 21158, 21160 through 21211, and 21220 through 21335, in the total amount of $2,054,116.38. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Kelly, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:42 o'clock p.m.