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HomeMy WebLinkAbout11/14/1996CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 14th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Cou ncilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. Mayor Branning 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. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of October 24th, 1996, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the special meeting of November 7th, 1996, as written. Ayes - 5 - Nays - 0. Resolution No. 1996-261 MOTION: of Humphrey, seconded by Goodwin, adopting accepting, with thanks, the donation of $100.00 from Anchor Bank and $100.00 from Kraus-Anderson Construction Company toward the Police Department D.A.R.E. program. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Page 2 MOTION: of Humphrey, seconded by Goodwin, authorizing the expenditure of $2,710.00 from the Cable Television Account to contract with Shade’s Landing, Inc., for web site home page creation and maintenance as described in the Assistant to the City Administrator’s memo dated November 8, 1996. Ayes - 5 - Nays - 0. Resolution No. 1996-262 MOTION: of Humphrey, seconded by Goodwin, adopting finding that it is in the City’s best interest to purchase a demonstrator model All-Wheel Steer Backhoe Loader and awarding the purchase to Lano Equipment, the low bidder, in the amount of $51,120.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 94-425, Central Storm Sewer Pond, as final and authorizing final payment on the contract with Ames Construction, Inc., in the amount of $8,260.84. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 94-440, 140th Street Reconstruction Between Galaxie Avenue and Johnny Cake Ridge Road, as final and authorizing final payment on the contract with Fischer Sand & Aggregate, Inc., in the amount of $17,954.65. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Wyndemere Addition from $61,675.00 to $21,830.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving contracting with Guarantee Mutual Life Company for employee long term disability insurance coverage at a premium of $.45 per $100 of payroll as described in the Human Resources Manager’s memo dated November 8, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the promotion of Dean Jacobsen to Working Foreman-Fleet Maintenance as described in the Personnel Report dated November 14, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring Monica Bogner for the position of Crime Prevention Specialist as described in the Personnel Report dated November 14, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring Jeffrey McCormick for the position of Police Officer as described in the Personnel Report dated November 14, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated November 14, 1996. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Page 3 END OF CONSENT AGENDA NEW POLICE DEPARTMENT EMPLOYEES Police Chief Willow introduced Monica Bogner to the Council. She is joining the City as a Crime Prevention Specialist effective November 18th. Police Chief Willow introduced Jeffrey McCormick to the Council. He is joining the City as a new Police Officer effective November 15th. City Clerk Mueller then administered the oath of office to Officer McCormick. SALE OF 1996 BONDS Steve Mattson, of Juran & Moody, the City’s financial consultant, reviewed the bids received today for the sale of $4,535,000 of improvement bonds. There were nine bidders and he recommended awarding the sale to the low bidder, First Bank. Resolution No. 1996-263 MOTION: of Sterling, seconded by Erickson, adopting providing for the sale and issuance of $4,535,000 General Obligation Improvement Bonds of 1996 to FBS Investment Services, Inc., the low bidder, at a net interest rate of 4.259 percent. Ayes - 5 - Nays - 0. Mr. Mattson reviewed the bids received today for the sale of $370,000 of equipment certificates. There were two bidders and he recommended awarding the sale to the low bidder, First Bank. Resolution No. 1996-264 MOTION: of Humphrey, seconded by Goodwin, adopting providing for the sale and issuance of $370,000 General Obligation Equipment Certificates of 1996 to FBS Investment Services, Inc., the low bidder, at a net interest rate of 4.326 percent. Ayes - 5 - Nays - 0. VACATION OF PART OF 132ND STREET Mayor Branning called the public hearing to order, at 8:12 p.m., to consider vacating part of 132nd Street in White Oak Ridge and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed purpose of the proposed vacation as described in the Community Development Director’s memo dated November 8, 1996. When 132nd Street was reconstructed in White Oak Ridge, the intersection with Pilot Knob Road was moved farther north. Part of the old right-of-way is no longer needed and can be vacated. Both Dakota Electric Association and Minnegasco have asked to preserve easements for utilities located in the right-of-way. Action should not be taken to complete the vacation until the description is redrafted. The Mayor asked for questions or comments from the Council and the public. Susan Brown, 5200 - 132nd Street, said they own both Lot 25 and Outlot A which will be affected by the CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Page 4 vacation. When they applied to refinance their house, located on Lot 25, they found they did not own the new driveway. She asked the Council to approve the vacation. There were no other comments and the hearing was declared closed at 8:16 p.m. VALLEY OAKS TOWNHOMES (PHASE 2) Ms. Bodmer reviewed the Planning Commission recommendation on phase two of Valley Oaks Townhomes located on the west side of Pennock Avenue at 128th Street. It is for 10 townhouse units. The preliminary plat for 36 units on the east side of Pennock was approved October 10, 1996. All units meet the 30-foot setback required and no variances are needed. The Council received the Community Development Director’s memo dated November 13, 1996, concerning a petition from residents of Eaton Mobile Home Park requesting an Environmental Assessment Worksheet (EAW) and reduction in the number of townhomes. Councilmember Erickson asked what triggers an EAW process? Ms. Bodmer said the State sets the guidelines and for a City the size of Apple Valley, an EAW is not required for a development of fewer than 40 units. Councilmember Sterling asked if there will be porches on the rear of the building and how much slope there will be. Bill Diedrich, the developer, said there will not be porches, but privacy fences between the units and kitchen areas will be bumped out. The height of the slope ranges from 4 to 13 feet. There will be no grading on the north end of the property to retain trees and an easement will be provided for Saddle Ridge to put up a sign. Jerry Steinert, resident of Eaton Park, asked if parking and crime issues have been addressed? He said the Park has been maintaining the hill area and objects to the proposed development. Bill Milon, 7840 West 128th Street, said this is not just a development of 10 units; it should be considered as the entire 46 units. He expressed concern about emergency access to Eaton Park if the west side is developed. He is opposed to a conditional use permit for vinyl siding and believes the development is too dense. He asked about a rumor that these will be rental units. Mr. Diedrich said these will be owner occupied units. A sample of the siding was given to residents of Saddle Ridge and they did not object. Vicki Lair, resident of Eaton Park, referred to photographs of the site submitted with her letter of November 13, 1996, and asked which trees will be saved? Mr. Diedrich reviewed them with her. Kelly Gruett, resident of Eaton Park, expressed concern about drainage, the hole where excavation is being done, trees being removed, and density. Phil Schlotfeldt, 7609 West 128th Street, asked where the sidewalk on Pennock will go and said he believes the development is too dense and he is opposed to vinyl siding. Mr. Diedrich said CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Page 5 sidewalk on the west side of Pennock will remain where it is. New sidewalk is being installed along the east side of Pennock. Pat Therrien, resident of Eaton Park, expressed concern about the Park being taken over for other development and losing her home and about traffic on Pennock Avenue. Colleen Arndt, Eaton Park Manager, commented that the Park owner unsuccessfully tried to negotiate purchase of the land on the west side and asked the Council to be concerned about the future of the Park. Resolution No. 1996-265 MOTION: of Humphrey, seconded by Erickson, ad opting approving the preliminary plat of Valley Oaks Townhomes Phase 2 (west side of Pennock) with 10 units, subject to the terms of a subdivision agreement, with conditions as recommended by the Planning Commission. Councilmember Sterling asked how access to Eaton Park will be affected since the entrance is south of this development? Ms. Bodmer said the entrance will not be changed. Councilmember Humphrey questioned the appearance of the front of the units and said more brick should be used on the units. He noted there is about 300 feet along Pennock, north of the entrance to Eaton, Park that the Park owner could use to provide more parking for the residents if needed. Councilmember Erickson asked about drainage issues and whether progress has been made on providing more parking in the Park? Mr. Gretz said staff has been working with the new owner who has been asked to provide a plan for review. Mr. Gordon said cutting into the hill will not affect drainage patterns in Eaton Park. He expressed concern about drainage behind the townhouse units and said it will have to be diverted around the building. Drainage would be improved if the units were split into two or three buildings. Councilmember Goodwin said he is concerned about the deep hole on the east side of Pennock where grading is being done now. He is opposed to taking down the hill on the west side and believes there should be six units instead of ten. Mayor Branning said he does not believe this development is compatible with surrounding development and will not support it unless the entire back of the units are brick and it is split into two buildings. MOTION: of Humphrey, seconded by Erickson, amending the foregoing motion by approving the preliminary plat with nine units in two buildings, subject to review by staff. Ayes - 4 - Nays - 1 (Goodwin). Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Goodwin). CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Page 6 Resolution No. 1996-266 MOTION: of Humphrey, seconded by Sterling, adopting approving a Conditional Use Permit for alternate exterior building materials, using 60% to 75% brick, on Valley Oaks Townhomes Phase 2, with conditions as recommended by the Planning Commission and architectural details subject to staff review. Mr. Diedrich said he will not be able to proceed with the development due to the added cost of losing a unit. Vote was taken on the motion. Ayes 4 - Nays - 1 (Goodwin). Resolution No. 1996-267 MOTION: of Humphrey, seconded by Erickson, adopting approving the site plan, with nine units in two buildings, and authorizing issuance of a building permit for Valley Oaks Townhomes Phase 2 (west side of Pennock), with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Goodwin). Resolution No. 1996-268 MOTION: of Erickson, seconded by Sterling, adopting approving a subdivision grading permit for Valley Oaks Townhomes, Phase 2, subject to review of the grading plan by the City Engineer. Ayes - 4 - Nays - 1 (Goodwin). PROJECT 96-443, VALLEY OAKS TOWNHOMES UTILITY IMPROVEMENTS Mayor Branning called the public hearing to order, at 9:37 p.m., to consider Project 96-443, Valley Oaks Townhomes Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 15, 1996. Mayor Branning asked if there is a problem with having both phases of the development in one project? Mr. Gordon said the west side could be deleted if it does not proceed. The Mayor asked for questions or comments from the Council and the public. There were none and , at 9:40 p.m., the hearing was continued to November 26, 1996. VALLEY PINES TOWNHOMES Mr. Lovelace reviewed the Planning Commission recommendation on Valley Pines Townhomes located at the northeast corner of County Road 42 and Embry Path. Resolution No. 1996-269 MOTION: of Humphrey, seconded by Erickson, adopting approving the preliminary plat of Valley Pines Townhomes with 12 units, subject to the terms of a subdivision agreement, with conditions as recommended by the Planning Commission. Mayor Branning expressed concern about interconnection of streets especially as in-fill areas develop. He asked if the internal street could be connected to the internal street in CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Page 7 the townhome development to the east? Mr. Lovelace said that is a different townhouse association and would require agreement between the property owners because these are private streets. Bill Broback, the developer, said there is also a townhome development to the north. They tried to accommodate some type of interconnection, but the neighbors raised privacy issues and concern about snow removal liability. The County required an additional 25- foot setback from County Road 42 limiting the options for developing this property. Councilmember Erickson asked if the City requires interconnection of streets which a townhouse association also has to approve, could that association stifle development? Mr. Sheldon said access to these developments is provided by private streets. The City could require access by public streets as an option. Vote was taken on the motion. Ayes - 4 - Nay - 0 (Branning Abstained). Resolution No. 1996-270 MOTION: of Erickson, seconded by Humphrey, adopting approving the site plan and authorizing issuance of a building permit for Valley Pines Townhomes with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1996-271 MOTION: of Goodwin, seconded by Humphrey, adopting approving a subdivision grading permit for Valley Pines Townhomes as recommended by the Planning and Development Department. Ayes - 5 - Nays - 0. Resolution No. 1996-272 MOTION: of Humphrey, seconded by Goodwin, adopting directing the City Engineer to prepare a preliminary feasibility report for Project 96-522, Valley Pines Townhomes Improvements. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE Mr. Lovelace reviewed the Planning Commission recommendation on Fischer Market Place located north of County Road 42 and east of Galaxie Avenue. The 124-acre site is being converted from a sand and gravel operation to proposed mixed commercial, office and office warehouse uses. Mr. Gretz noted that authorization to distribute the Environmental Assessment Worksheet (EAW) was removed from the agenda because some details have not been completed. Kurt Proud, of Williams Pipeline Company, was present and said they will have comments on the siting of 147th Street and Foliage Avenue and will want to discuss those issues when they are being considered. Resolution No. 1996-273 MOTION: of Humphr ey, seconded by Goodwin, adopting approving the amendment to the Land Use Guide Map of the Comprehensive Plan CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1996 Page 8 for Fischer Market Place; from GB/LB and LI to a combination of SC, RB, LB, and GB; for submittal to the Metropolitan Council, as recommended by the Planning Commission. Mayor Branning noted that this is a significant commercial development for the City and asked if Staff is comfortable with the proposal. Mr. Gretz said it has been discussed for a couple of years. The Planning Commission reviewed it, held public hearings, and is recommending approval. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, directing Staff to proceed with preparation of a planned development ordinance and agreement for Fischer Market Place development, with conditions as recommended by the Planning Commission, for further consideration. Ayes - 5 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS Mayor Branning reported on a regional Mayors’ meeting, Dakota League of Governments meeting and Metro East meeting he attended this week. Mayor Branning read a prepared statement thanking the citizens for the opportunity to serve on the Council and expressing appreciation to the voters for electing him to a position on the Dakota County Board. He commented on negative campaign tactics and stated he will strive to set high ethical standards. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated October 30th, 1996, in the amount of $2,349,044.37; and November 13th, 1996, in the amount of $926,435.23. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:25 o’clock p.m.