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HomeMy WebLinkAbout12/07/1995CITY OF APPLE VALLEY Dakota County, Minnesota December 7, 1995 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 7th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers 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, Adminis- trative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, 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. MOTION: of Sterling, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Branning asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. David Gorman, HYLAND POINTE 15998 Hyland Pointe Court, described issues with which Diedrich TOWNHOMES Builders has not complied in connection with the townhome development approved by the Council. The developer was to reach an agreement with the homeowners' association on road access from the west. Iu addition, earth moving · work has been done and materials and equipment have been brought onto the site. A silt fence was placed very close to Garden View Drive restricting sight distance. He was advised this does not have final approval and Staff would review the situation. MOTION: of Humphrey, seconded by Sterling, moving housing goals, final payment on Arena Utilities, and revised rate schedules to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays ~ 0. CONSENT AGENDA NOV. 21, 1995 MINUTES RES. 1995-309 FIRE DONATION RES. 1995-310 V.C. PARK 2ND COMP. PLAN AMENDMENT CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of November 21st, 1995, as written. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1995-309 accepting, with thanks, the donation of $30.00 from Minnegasco towards the purchase of Fire Department equipment. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1995-310 amending the Comprehensive Plan Land Use Guide Plan Map from "RB" to "LB" for Lots 1 through 16, Block 2, Valley Commercial Park 2nd Addition, as approved by the Metropolitan Council. Ayes ~ 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota December 7, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Sterling, passing Ordinance No. 608 rezoning Lots 1 through 16, Block 2, Valley Commercial Park 2nd Addition, from "RB" (retail business) to "LB" (limited business) as recommended by the Planning Commission. Ayes 5 - Nays - 0. of Humphrey, seconded by Sterling, approving issuance of a Special Use Permit to Cub Foods for a temporary recycling trailer, on the east end of the parking lot, until June 30, 1996, with conditions as listed in the Assistant Planner's memo dated December 4, 1995. Ayes - 5 - Nays ~ 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1995-311 approving Agreement No. 73869 with the Minnesota Department of Transportation for construction on County Road 11 in connection with Project 94-430, Palomino Drive/County Road 11 Intersection Reconstruction, and authorizing execution of the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving reduction of the subdivision financial guarantee for Mistwood, from $507,000 to $177,925. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with Burschville Construction for Project 95-476, Hunters Wood Townhomes 2nd Addition Utility Improvements, in the amount of a $12,507.00 deduction. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 2 to the contract with Ryan Contracting for Project 95- 479, Hidden Valley Townhomes Utility Improvements, in the amount of an additional $3,805.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, accepting Project 95-476, Hunters Wood Townhomes 2nd Addition Utility Improvements, as final and authorizing final payment on the contract with Burschville Construction in the amount of $8,072.70. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, accepting Project 95-479, Hidden Valley Townhomes Utility Improvements, as final and authorizing final payment on the contract with Ryan Con- tracting in the amount of $13,700.89. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and the Addendum dated December 7, 1995. Ayes - 5 - Nays - 0. ORDINANCE 608 LB REZONING V.C. PARK 2ND CUB FOODS SPECIAL USE PERMIT RES. 1995-311 MnDOT C.R. 11 & PALOMINO AGREEMENT MISTWOOD BOND REDUCTION CHANGE ORDER 1 PROJ. 95-476 CHANGE ORDER 2 PROJ. 95-479 FINAL PAYMENT PROJ. 95-4?6 FINAL PAYMENT PROJ. 95-479 HIRE SEASONAL EMPLOYEES END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota December 7, 1995 Page 3 Mr. Kelley reviewed his memo dated December 7, 1995, concerning adop- LIVABLE tion of local housing goals under the Metropolitan Livable Communities OOMMUNITIES Act. The agreed upon goals are structured upon principles related to HOUSING GOALS affordability, life-cycle, and density. The goals are established by using a benchmark of neighboring communities and cover the period of 1996 to 2010. Mayor Branning said the itemized goals appear to be very reachable; almost as though Apple Valley were used for the benchmark. Mr. Gretz said this indicates the City's Comprehensive Plan has been effective in guiding development. Couneilmember Goodwin asked how other communities relate to benchmarks established for them? Mr. Kelley said all the numbers have not been accumulated yet. The deadline for cities' adoption is December 15, 1995. Couneilmember Erickson said the only area where he might disagree with moving toward the benchmark is in the owner/renter mix of housing. He would like to see it continue to move toward ownership. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-312 approving the Local Housing Goals Agreement, for the period 1996-2010, under the Metropolitan Livable Communities Act. Ayes - 5 - Nays - 0. RES. 1995-312 HOUSING GOALS AGREEMENT FINAL PAYMENT PROJ. 95-485 TAX LEVY BUDGET RES. 1994-313 1996 TAX LEVY RES. 1995-314 1996 BUDGET MOTION: of Goodwin, seconded by Sterling, accepting Project 95-485, Hayes Park Arena Utility Improvements, as final and author- izing final payment on the contract with Ryan Contracting in the revised amount of $16,195.36. Ayes - 5 - Nays - 0. Mr. Gretz reviewed the proposed budget and tax levy, resulting in an estimated tax rate increase of 3.5 percent, on which the Council held a public hearing December 5, 1995. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-313 approving the 1995 tax levy collectible in 1996 in the net amount of $7,573,179, which results in a 3.5 percent tax rate increase. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-314 approving the 1996 Budget with total revenues of $22,858,913 and expenditures of $22,493,183. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:24 p.m. to con- PUBLIC HEARING sider renewal applications for on-sale liquor, wine and beer licenses LIQUOR LICENSE for 1996 and noted receipt of the affidavit of publication of the RENEWALS hearing notice. The Council received the Police Chief's report on the applications. It was noted that issuance is subject to receiving necessary bond and insurance documents by December 15, 1995. Draft resolutions have been prepared for the on-sale liquor and wine license renewals. On-sale beer licenses can be approved by motion. CITY OF APPLE VALLEY Dakota County, Minnesota December 7, 1995 Page 4 The applicants are as follows: On-sale intoxicating liquor & special license for Sunday liquor sales ~ 1. Rich Mgt., Inc., d/b/a Apple Place, 14917 Garrett Avenue; 2. H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, 7721 West 147th Street; 3. Cedar Valley, Inc., d/b/a Apple Valley Greenstreets, 7543 West 147th Street; 4. Lancer Food Service, Inc., at the Minnesota Zoological Garden; 5. Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue. Club on-sale intoxicating liquor & special license for Sunday liquor sales Apple Valley American Legion Post 1776, at 14521 Granada Drive. 0n-sale wine license - 1. C.I.A.O., Inc., d/b/a Broadway Station, 15050 Cedar Avenue; 2. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, 7534 West 149th Street; 3. VICORP Restaurants, Inc., d/b/a Bakers Square, 15200 Cedar Avenue. On-sale nonintoxicating malt liquor or beer - 1. C.I.A.O., Inc., d/b/a Broadway Station, 15050 Cedar Avenue; 2. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, 7534 West 149th Street; 3. Pizza Huts of the Northwest, Inc., 7666 West 149th Street; 4. VICORP Restaurants, Inc., d/b/a Bakers Square, 15200 Cedar Avenue; 5. City of Apple Valley, d/b/a Valleywood Golf Course, 4851 West 125th Street; 6. Joel Watrud, d/b/a Apple Valley Golf Course, 8661 West 140th Street. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:26 p.m. MOTION: of Goodwin, seconded by Sterling, approving renewal for 1996 of on-sale licenses by adopting Resolutions No. 1995-315 for Rich Mgr., Inc., d/b/a Apple Place; No. 1995~316 for N.O.C., Inc., d/b/a Rascals; No. 1995-317 for Cedar Valley, Inc., d/b/a Apple Valley Greenstreets; No. 1995-318 for Lancer Food Service, Inc.; No. 1995-319 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; No. 1995-320 for Apple Valley American Legion Post 1776; No. 1995-321 for C.I.A.O., Inc., d/b/a Broadway Station; No. 1995-322 for Jade Island Chinese Cuisine, Inc., d/b/a Jade Island; and VICORP Restaurants, Inc., d/b/a Bakers Square Restaurant; and approving on-sale beer licenses as listed in the City Clerk's memo dated December 4, 1995. Ayes - 5 - Nays - 0. RES. 1995-315 TO 322 ON-SALE LIQUOR, WINE & BEER LICENSES MOTION: of Sterling, seconded by Goodwin, approving renewal of the six off-sale 3.2 beer licenses for the year 1996 as listed in the City Clerk's memo dated December 4, 1995. Ayes - 5 Nays - 0. RENEW OFF-SALE BEER LICENSES Mayor Branning called the public hearing to order at 8:27 p.m. to consider Project 95-498, Academy Townhomes Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. PUBLIC HEARIN~k CITY OF APPLE VALLEY Dakota County, Minnesota December 7, 1995 Page 5 Mr. Gordon reviewed the preliminary engineering report dated October 31, 1995. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:29 p.m. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-323 ordering installation of Project 95-498, Academy Townhomes Utility Improvements. Ayes - 5 - Nays - O. RES. 1995-323 ORDER PROJECT 95-498 Mr. Gretz said on September 14, 1995, the Council approved an agree- WHITE OAK ment with Pulte Homes to construct a private driveway on City right- RIDGE PUBLIC of-way for Lots 13, 14 an 15, White Oak Ridge. The Court ruled that IMPROVEMENTS a private road would not be proper. Pulte Homes has now asked to have a public street constructed and has Jgreed to pay for it. The City Attorney has prepared an agreement covering the improvements. The utilities would be installed by the City and the costs assessed to the lots. The 34-foot wide road would be constructed by Pulte and inspected by the City. MOTION: of Humphrey, seconded by Erickson, approving the Development Agreement with Pulte Homes of Minnesota for Public Improve- ments to serve Lots 13, 14 and 15, White Oak Ridge, subject to receipt of easements identified in the Agreement; and authorizing the Mayor and Clerk to sign the same. WHITE OAK RIDGE IMPR. AGREEMENT Cynthia Dorken, owner of Lot 16, said they started objecting to the driveway proposal in May. They took their objection to Court and the Judge found they were correct; however, Pulte already began construction. Their original goals have changed because the site has been excavated. The Judgment requires the site to be returned to its original state. They could go back to Court on the public road issue, but would like to discuss resolution of the issues. They sent a letter stating this to the City Attorney and have not received a response. Ron Dorken asked that a copy of the plat be shown which Mr. Gordon did. It shows the public street extending to Lot 13 and then becoming a private drive. Councilmember Erickson said on September 14th, when Mr. Dorken was asked if he would rather have a public street on the right-of-way, he said yes. Mr. Dorken said he meant that if the road were installed all the way around the pond as a public street he would agree to it. Mayor Branning said the City's practice has been to provide public access to property. If a development decision is approved, a private road can be extended on the property. Mr. Sheldon noted the Court determined the City has the authority to determine when where and how to put in public streets. Mr. Dorken commented on being told the lots were unbuildable when he bought his lot and asked if their proposal to vacate the right-of-way and let them sell the property to Pulte would be considered? Mrs. Dorken said the Judgment would still have to be amended to allow the road to be built. CITY OF APPLE VALLEY Dakota County, Minnesota December 7, 1995 Page 6 Mayor Branning said there is always a potential for vacant land to be developed; no lots in the City are classified as unbuildable. Councilmember Goodwtn said he was advised by the City Attorney that these were buildable lots when the decision was made to allow a private road. Mr. Gretz reviewed the points in the letter dated December 6, 1995, from Dorsey & Whitney. He said the issues raised either have been addressed or are covered in the Development Agreement. Vote was taken on the motion as amended. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-324 ordering installation of Project 95-504, Lots 13, 14 & 15, White Oak Ridge Utility Improvements. Ayes - 5 - Nays - 0. RES. 1995-324 ORDER PROJECT 95-504 Mr. Gretz reviewed the momo dated November 30, 1995, requesting a STREET NAME street name change from Huntington "Terrace" to Huntington "Ridge" CHANGE in Rodeo Hills 3rd Addition. The City adopted the County Uniform Naming and Numbering System and the County will only deviate from the system if requested by tbs City. The County does not have the term "ridge" in its system. MOTION: of Erickson, seconded by Humphrey, denying the request of DENY STREET Diedrich Builders to change the street name of Huntington NAME CHANGE Terrace in Rodeo Hills 3rd Addition. Ayes - 5 - Nays - 0. Mr. Gretz gave the second reading of an ordinance adding Section 17-13 to the City Code extending the moratorium on adult use estab- lishments until December 31, 1996. ~]e current moratorium expires January 12, 1996. EXTEND ADULT ENTERTAINMENT MORATORIUM ORDINANCE 609 EXTEND ADULT ENTERTAINMENT MORATORIUM SET INFORMAL MEETING MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 609 amending the City Code by adding Section 17-13 extending the moratorium on siting adult entertainment establishments within any zoning district in the City until December 31, 1996. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, rescheduling the December 14th informal meeting to December 13, 1995, at 7:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, setting a special meeting~ for end of the year business, on December 28, 1995, at 12:00 noon. Ayes - 5 - Nays - 0. SET SPECIAL MEETING 1996 RATES FEE Mr. Ballenger reviewed proposed adjustments in sanitary sewer and water, street lighting and storm sewer utility rates anticipated in the 1996 budget. Mr. Johnson reviewed proposed arena and golf course fees for 1996. CITY OF APPLE VALLEY Dakota County, Minnesota December 7, 1995 Page 7 Mayor Branning suggested the arenas may want to consider changing to a sliding fee for its non-prime (after 11:00 p.m.) hours. MOTION: of Humphrey, seconded by Erickson, approving 1996 rates and fees by adopting Resolutions No. 1995-325 setting sanitary sewer and water rates; No. 1995-326 setting street lighting system rates; No. 1995-327 setting storm water drainage rates; No. 1995-328 setting arena fees; and No. 1995-329 setting Valleywood Golf Course fees. Ayes - 5 - Nays - 0. RES. 1995-325 TO 329 1996 RATES & FEES UPCOMING ACTIVITIES The Gouncil noted various upcoming events including Eagan City Hall open house, December 9th; Zoo Environmental School dedication on December 10th; Hayes Park Arena dedication on December 14th; and the employee recognition pot luck luncheon on December 15th. MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check registers dated November 29, 1995, in the amount of $477,923.56; and December 6, 1995, in the amount of $8,705,904.42. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:35 o'clock p.m.