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HomeMy WebLinkAbout04/09/1981CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 9, 1981, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning (attended at 9:12 p.m.), Kelly (attended until 11:05 p.m.) and Savanick; Clerk Asleson. ABSENT: Councilmember Overgard. Mayor Garrison 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 Kelly, seconded by Savanick, approving the agenda fox tonight's APPROVE AGENDA meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving all items on the consent CONSENT AGENDA agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Savanick, receiving the preliminary engineer- RES. 1981-54 ing report on Project 81-4, 153rd Street between Pennock and Cedar PROJ. 81-4 Avenue, and adopting Resolution No. 1981-54 setting a public hear- PUBLIC HEARING ing on it at 8:20 p.m. on May 14, 1981. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, granting a variance for a sideyard setback of 16 feet for a garage addition at 193 Walnut Lane and a variance for a sideyard setback of 20 feet for a garage at 929 Duchess Lane as recommended by the Planning Commission. Ayes - 3 Nays - 0. GARAGE VARIANCES BLDG. PERMITS ACADEMY VILLAGE RES. 1981-55 GARAGE PARKING LOT BIDS RES. 1981-56 PREPARE HAMLET 2ND PLANS MOTION: of Kelly, seconded by Savanick, approving building permits for two fourplexes on Lots 4 and 8 of Block 3 in Academy Village as recom- mended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1981-55 approving plans and specifications for bituminous work at the Public Works Garage, Project 81-9, and authorizing advertisement for bids to be received at 2:00 p.m. on May 5, 1981. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1981-56 directing the Engineer to prepare plans and specifications for Project 81~3, improvements in Hamlet 2nd Addition~ Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1981-57 approving plans and specifications for water mains for connection to Deep Well No. 9, Project 81-7, and authorizing advertisement for bids to be received at 2:00 p.m. on May 7, 1981. Ayes - 3 - Nays - 0. RES. 1981-57 WELL 9 WATER MAIN BIDS MOTION: of Kelly, seconded by Savanick, approving a 1981 transient mer~ EUROMERICAN chant license for Euromerican to sell housewares, tools, toys, etc.,TRANS. MER. LIC. in the City. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Page 2 MOTION: of Kelly, seconded by Savanick, tabling consideration of a pro- TABLE NOISE posed noise ordinance until April 23, 1981. Ayes - 3 - Nays - 0~ ORDINANCE Mr. and Mrs. Don Larson, 161 Spruce Drive, and Phyllis Negen, 160 Spruce Drive, were present to express concern about noise disturbances during the daytime, such as loud stereos and bands, which are not covered by the nuisance ordinance. This ordinance will be discussed further on April 23, 1981. MOTION: of Kelly, seconded by Savanick, receiving information comment- ing on the Dakota County Comprehensive Plan and scheduling fur- ther consideration at the April 23, 1981 meeting. Ayes - 3 - Nays - 0. COUNTY COMP. PLAN INFORMATION MOTION: of Kelly, seconded by Savanick, approving hiring various recrea- HIRE PARTTIME tion and golf course parttime employees as listed in the memo EMPLOYEES from Michael Bassett dated April 6, 1981. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving hiring Connie Gubera as a permanent parttime police dispatcher effective April 13, 1981, at the salary established for this position in the 1981 Personnel Plan. Ayes - 3 - Nays ~ 0. HIRE GUBERA DISPATCHER MARCH 26, 1981 MINUTES END OF CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Kelly, approving the minutes of the meeting of March 26, 1981, as written. Ayes - 3 - Nays - 0. Mayor Garrison called the public hearing to order at 8:12 p.m. and noted receipt of the affidavit of publication of the hearing notice on an application for industrial revenue bond financing. The application is by Richard J. Nordlund for $325,000 to finance a Kinder-Care Learning Center to be located on Essex Avenue, east of Pilot Knob Road. Mr. Nordlund and Robert Fors were present for the hearing. The Mayor called for questions or comments from the public. There were none and the hearing was closed at 8:14 p.m. MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1981- 58 giving preliminary approval of $325,000 financing to Richard J. Nordlund for a Kinder-Care Learning Center pursuant to the Minnesota Municipal Industrial Development Act and authorizing submission of the appropriate documents to the Commissioner of Securities. Ayes ~ 3 - Nays - 0. RES. 1981-58 KINDER-CARE PRELIM. APPROV. MOTION: of Savanick, seconded by Kelly, authorizing the Engineer to pre- PRELIM. REPORT pare a preliminary report on the feasibility of public improve- KINDER-CARE ments for the Kinder-Care Learning Center site east of Pilot Knob Road on Essex Avenue. Ayes - 3 - Nays - 0. Mr. Jake 0'Toole, of the Dakota County Assessor's Office, was present to request certain tax abatements. MOTION: of Savanick, seconded by Kelly, approving tax abatements for 1978, 1979 and 1980 on parcels 01-56603 170-03 and 01-56603- 160~03 as recommended by the Dakota County Assessor. Ayes - 3 - Nays - 0. TAX ABATEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Page 3 Mayor Garrison reviewed some of the history of the gravel operation now being conducted by Fischer Sand & Aggregate north of 140th Street. It was originally operated by Oscar Roberts Company as Shakopee Sand & Gravel beginning in 1964. Varieus rezonings affected the property and an agreement was finally executed in 1973 relative to temporary and end use zonings, establishing a buffer area, etc. The property was purchased by the Fischers in 1980. Fischer and the City are now in litigation over control of the operation and whether the 1973 agreement applies to the operation now. Mr. Larry Wertheim, of Holmes & Graven, representing the City in this matter, was present to report on the status bf this matter. A trial date in Dakota County District Court has been set for April 23, 1981. He said thy issues are whether Apple Valley Red-E-Mix, i.e., Fischer Sand & Gravel, is bound by the 1973 agreement between Roberts and the City, does the agreement have to be renewed and the buffer zone question. The nuisance questions are not directly involved in this litigation. Mr. Wertheim then answer questions from the audience and the Council. (See details of questions and answers attached.) (Councilmember Branning attended during~this time.) Mr. Bernie Dusich, of MeMenomy and Sheldon, representing the City on the nuisance com- plaint against Fischer was present to report on that action. A summons and complaint was filed in September of 1980 on nuisance material stored on the Fischer property. A pretrial date was set but Mr. Duffy, representing Fischer, did not appear. The Judge rescheduled the matter and it is now also scheduled for April 23, 1981, with a second date of April 28. Some of the material on the property has been removed and some of the items now on the property could still be used. Mr. Dusich said once the other liti- gation has been resolved, some of these problems will also be taken care of. John Gretz said he believes the only way some of these nuisance problems will be solved will be by fencing the gravel operation. Matt Fischer stated, in an interview on Channel 11 today, that the erection of a fence is negotiable. Mr. Duffy said he did not appear at the previously mentioned pretrail because he was not given notice of the date by the Court. The date was.also rescheduled without his know- ledge and since he will be in court on the other matter on April 23rd, it will have to be rescheduled again. He said they would be willing to discuss some of the items in the nuisance complaint however. MOTION: of Branning, seconded by Kelly, adopting Resolution No. 1981-59 ac- RES. 1981-59 accepting a donation of $700.00 from the Apple Valley Jaycees to be JAYCEES used toward the purchase of a blueline copier. Ayes - 4 - Nays - 0. DONATION Craig Minea, of Apple Valley Square, was present to explain the requests for industrial revenue bond financing. The two requests are $4,250,000 for a 68,000 square foot K-Mart building and $4,000,000 for a 67,000 square addition to the Apple Valley Square shopping center. The building plans will be reviewed by the Planning Commission at its meeting of April 15, 1981. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1981-60 setting a public hearing at 8:00 p.m. on May 14, 1981, to consider financing under the Municipal Industrial Development Act in the a- mount of $4,250,000 for a K-Mart building. Ayes - 4 - Nays - 0. RES. 1981-60 K-MART I.R.B. PUBLIC HEARING CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Page 4 MOTION: of Savanick, seconded by Branning, adopting Resolution No. 1981- RES. 198~-61 61 setting a public hearing at 8:15 p.m. on May 14, 1981, to A.V. SQUARE IRB consider financing under the Municipal Industrial Development PUBLIC HEARING Act in the amount of $4,000,000 for an addition to Apple Valley Square shopping center. Ayes - 4 - Nays - 0. The Council discussed a proposed policy which would eliminate the requirement for a financial guarantee by developers of one-third of the amount of special assessments for public improvements installed by the City. Improvements installed by developers would still require a 125 percent guarantee to the City. Mr. Asleson said State law suffi- ciently protects the City on special assessments which are levied on property. In addition, penalty and interest continue to accrue to the City on any unpaid special assessments. Councilmember Savanick said she still believes the additional guarantee should be required. Councilmember Branning agreed. MOTION: of Branning, seconded by Savanick, tabling consideration of the revised policy related to financial guarantees of developers until April 23, 1981. Ayes - 4 - Nays - 0. TABLE DEVELOPER ASSMT. POLICY Consideration of an amendment to the Apple Valley East 6th Addition Agreement was tabled until April 23, 1981. MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1981- 62 receiving the preliminary engineering report on Project 81- 5, Apple Valley East 6th Addition improvements, and setting a public hearing on it at 8:25 p.m. on May 14, 1981. Ayes - 4 - Nays - 0. RES. 1981-62 PROJ. 81-5 PUBLIC HEARING MOTION: of Savanick, seconded by Branning, denying a request for a special use permit for a coin. operated amusement machine in a B-2 district, the 7-11 Store at 980 Garden View Drive, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. DENY 7-11 AMUSEMENT MACHINE EXECUTE FARQUAR LAKE PARK GRANT AGREEMENTS MOTION: of Savanick, seconded by Kelly, authorizing the Mayor and City Clerk to exeucte agreements for grants for Farquar Lake Park for LAWCON funds in the amount of $48,860 and for State Grants- In-Aid funds in the amount of $17,680. Mr. Bassett said the Park Committee is planning an Arbor Day program in May and will be planting trees in Farquar Park. Vote was taken on the motion. Ayes - 4 - Nays - O. The Council discussed other plans for Farquar Park and Councilmember Branning asked to review the plans for this park. Mr. Bassett commented that preliminary applications for LAWCON and LCMR grant funds are being accepted until May 1, 1981. There is a question on the availability of funds, but if funds are available, LAWCON would provide 50 percent funding and LCMR would provide 25 percent funding on grants. If no LAWCON funds are available, LCMR Would provide 50 percent funding. He said he had been informed that the Metropolitan Council staff would look favorably on a local application for part of the Lac Lavon site. He would propose to apply for some shoreline along Lac Lavon and additional park property which would include the maintenance buildings on the site. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Page 5 Mr. Asleson commented on possible sources of funding for the City's share of the grants. He said there is approximately $50,000 of uncommitted park dedication funds available and cities are premitted to special levy for matching grant funds. MOTION: of Kelly, seconded by Garrison, directing staff to prepare an ap~ plication for LAWCON and LCMR grant funds that would be used to assist in purchasing a portion of the property known as Lac Lavon for further consideration by the Council. LAC LAVON GRANT APPLICATION Councilmember Savanick said she understood the buildings on the site would be removed when the property develops and the Council needs to consider how they would fit into an overall plan for the area. Councilmember Branning said he is not sure that if the City were planning a park maintenance facility, this would be the proper location for it. He also expressed concern about acquiring additional park land to be maintained. Mayor Garrison suggested Councilmembers Savanick and Branning prepare an alternate plan for park equipment storage. Councilmember Savanick questioned obtaining funds for pathway construction. Mr. Bassett said neither pathways nor construction of buildings are eligible uses for these parti- ular grant funds. The highest priority on these grants will be for acquisition of water access. The acquisition of the buildings would be incidental. Councilmember Branning said some land in this area will be received by dedication when the property develops. Mr. Asleson said the amount will depend on how a future agree- ment might be negotiated because of the large water surface involved. Councilmember Branning said he believes the necessary park land can be acquired through dedication and development agreement. Councilmember Kelly withdrew the above motion. MOTION: of Kelly, seconded by Garrison, tabling consideration of this item TABLE GRANT until the Council's meeting of April 23, 1981. Ayes - 2 - Nays - APPLICATIONS 2 (Councilmembers Savaniek and Branning). Motion Failed. Councilmember Kelly left at this time. Councilmember Branning asked to have a report prepared on equipment storage require- ments in the City. Councilmember Savanick questioned the potential of putting together a bond issue including funding for pathways, maintenance facilities and land acquisition at Lac Lavon. It was discussed that there would not be enough time to prepare such a bond issue this spring. Mr. Bassett said the maximum application amount is $200,000 and he would estimate pur- chasing up to 25 or 30 acres with about 1,500 feet of shoreline. Councilmember Branning questioned the size of a park or beach the City would want. Councilmember Savanick said priorities should be established first on where the City's money should be spent. MOTION: of Savanick, seconded by Garrison, directing staff to prepare an application for LAWCON and LCMR grant funds that would be used to assist in purchasing a portion of the property known as Lac Lavon for further consideration by the Council. Ayes - 1 - Nays - 2 (Branning and Savanick). Motion Failed. LAC LAVON GRANT APPLICATION CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Page 6 MOTION: of Branning, seconded by Savanick, authorizing E.H. Renner & Sons to make various repairs to Deep Well No. 1 Pump, based on its low quotation of $5,959.00. Ayes - 3 - Nays - 0. WELL 1 PUMP REPAIRS ORDINANCE 253 HOLIDAYS HIRE PARTTIME EMPLOYEES CLAIMS & BILLS MOTION: of Branning, seconded by Savanick, passing Ordinance No. 253 amending Section 16-18(a) of the City Code by eliminating Co- lumbus Day as a holiday, making the day after Thanksgiving a permanent holiday and making December 24th a holiday. MOTION: of Branning, seconded by Savanick, approving hiring Charles Robinson, Jim Lee and David Kleist, effective April 13, 1981, for park maintenance as shown in the memo from Mike Bassett dated April 7, 1981. Ayes - 3 - Nays - O. MOTION: of Branning, seconded by Savanick, to pay the claims and bills, checks numbered 18661, 21988 through 22064, 22074 through 22176 and 22178 through 22187, in the total amount of $581,204.49. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Branning, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 11:32 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Details of Questions and Answers on Apple Valley Red-E-Mix Litigation Status Report. Mike Sexton, 13661 Findlay Avenue, asked how long the trail is expected to last? Mr. Wertheim said two or three days and then it will depend on the judge and how long he takes to make a decision before the results are known. The decision could also be subject to an appeal, depending on the results. Mr. Sexton asked who will be the judge? Mr. Wertheim said that is unknown, the judge is assigned by the Court. Mr. Sexton asked if there is a possibility of a negotiated settlement before the trial and if it should happen, how would the public be informed? Mr. Wertheim said no settle- ment has been discussed yet. Mr. Gretz said, in order for Apple Valley Red-E-Mix to renew the agreement, which is the subject of the litigation, a public hearing would be required. Any decision the Council makes on approving such an agreement would have to be done at a public meeting. Michael Hascup, 6315 Greenleaf Trail, asked why a restraining order can't be gotten now? Mr. Fischer continues to operate at extended hours and action should be taken now instead of dragging it out. Mr. Wertheim said litigation commenced in September and they are now ready for trial which is about as-quickly as this type of litigation can proceed. A restraining order related to operations in the green space was discussed. Mr. Fischer promised he would not conduct operations in the green space through the end of 1980. Since then, Mr. Fischer's attorney has given the City a letter stating they will not go into the green space without first giving the City 10 days written notice. During the past week, some stockpiling of dirt was done in the green space, but that has been stopped. The question of operating hours is not in the agreement, but is by City ordinance and is a part of the litigation. Mr, Wertheim also said he believed it could undermine the City's case by clouding the issues and bringing in a lot of side issues. Mr. Hascup asked why the City couldn't condemn the property to stop the operation? Mr. Wertheim said the City would have to have a public purpose for the property and would have to pay for it. Kathy Teslaw, 13677 Findlay Avenue, asked if the litigation will have to go on for years to resolve all the little nuisances or can they be resolved by negotiation? Mr. Wertheim said some of these will be resolved by the litigation and then many of the other things should fall into place. Mr. Sexton said his home is closest to the bulldozing going on and asked when the agree- ment on not going into the green area was reached? Mr. Gretz said Monday afternoon. Mr. Sexton said April 7th at 4:22 p.m. a bulldozer was still in there. Mr. Gretz said it was flattening the berm and smoothing out the area where it had been earlier. Mr. Gretz said he would visit the site with Mr. Sexton to discuss this further. Don Vogelsang, 6605 - 134th Court, asked what the costs have been to the City so far? Mayor Garrison said attorneys fees have been about $17,000 and he does not have an estimate on staff time. He would estimate it could be $90,000 to $100,000 before it is finished. Ed Carlier, 13405 Findlay Avenue, asked what the City will get it it wins? Mr. Wertheim said if the agreement is upheld, Fischer would not operate in the green area, they would have to get a permit from the City and follow the other obligations of the agreement. David Halvorson, 13642 Fordham Avenue, questioned the zoning and asked how an indus- trial zone can be next to a residential zone without a buffer? Mayor Garrison said the sand and gravel zoning is a temporary zoning. The end use plan and zoning provides for a buffer. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1981 Page 2 Details of Questions and Answers Continued Joe Kershisnik, 13400 Findlay Avenue, said if sand and gravel zoning is temporary and can be renewed, the operation could be there forever. Mayor Garrison said the opera- tion would probably be there for another 10 to 15 years. Mr. Wertheim said the green space is provided for in the agreement and if it is upheld, the green space would be protected. Matt Fischer said he does not intend to enlarge the operation to the north in the green space. Nancy Doheny, 6437 West 134th Street, said some new equipment is there now and she was told a washing system was going in. Mr. Gretz said the conveyor belt was extended, a portable ready mix machine is there and an extension of the washing operation. Mr. fischer explained some of these items. Ms. Teslaw asked what the yellow machine with the bin is? Mr. Fischer said it is the ready mix machine. Margaret Engstrom, 6453 West 134th Street, said when a renewal agreement is considered with Fischer, she hopes the City will remember the conditions that have been discussed and also the policies contained in the Comprehensive Plan. Mr. Sexton said landscaping on the berm in the green space was discussed last fall and asked when it will be done? Mr. Gretz said the bern was to be built up a little more first and since the trial date is so close now, they will wait for the results before proceeding. Mr. Sexton asked how the permits for the gravel operations are being handled now? Mayor Garrison said the other operations, except for Dakota County, are under agreements. Earlene Hascup, 6315 Greenleaf Trail, asked what happens to the time between the agreement's expiration date and settling the litigation? Mr. Wertheim said that time should not be a problem and any back fees will probably be collected. Ms. Teslaw said she is not out to stop the operation, but wants the hours of operation limited so the residents can enjoy their backyards. Mr. Hascup stated that the City would derive more money from this property in some other type of development. (Couneilmember Branning attended at this time.) Mr. Sexton asked how close to the property line the equipment dan drive? Mr. Gretz said he would have to check the ordinance, but one of the points of the litigation is that Fischer says it does not come under the ordinance. Councilmember Savanick asked if the suit is lost, what will be the effects on the other gravel operations? Mr. Wertheim said that is unknown. Councilmember Savanick said she is concerned because the City is spending a lot of money on this suit and the outcome could involve all of the gravel operations in the City.