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HomeMy WebLinkAbout05/27/1993CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 27th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning, Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: City staff members presen~ were: City Administrator Melena, City Clerk Mueller, City Attorney Dougherty, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers and Community Development Director Welsch. 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 Erickson, approving the agenda for tonight'~ meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mr. Johnson reviewed his memo dated May 24, 1993, requesting authori- RING-AROUND zation for various activities in connection with the Ring-Around-The- THE-ARTS Arts Festival planned for June 19, 1993, from 10:00 a.m. to 7:00 p.m. ACTIVITIES Mayor Branning asked how signage for this event relates to temporary signs requested for a car show on June 26, 19937 Mr. Melena said the ordinance prohibits garage sale and other for sale signs. The informational signs requested for these events would be allowed. The Mayor asked that authorization for the Festival be added to the consent agenda. 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. AUDIENCE DISC. CONSENT AGENDA MAY 13, 1993 MINUTES PROCLAMATION FLAG DAY MOTION: of Humphrey, seconded by Goodwin, adding authorization for Ring-Around-The-Arts Festival activities to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, the regular meeting of May 13th, - Nays ~ 0. approving the minutes of 1993, as written. Ayes - 5 MOTION: of Humphrey, seconded by Goodwin, proclaiming Monday, June 14th, 1993, as Flag Day and urging all citizens to parti- cipate by pausing at 6:00 p.m., on that date, to recite the Pledge of Allegiance. Ayes ~ 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, receiving Scott Hickok's memo dated May 27, 1993, describing City Code regulations prohibiting placement of temporary signs along streets in the Downtown Ring Route. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, authorizing activities and use of City streets in connection with the Ring-Around-The- Arts Festival on June 19, 1993, as described in the Parks & Recreation Director's memo dated May 24, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, naming John Gretz as Acting Administrator during the City Administrator's military leave from July 7 to 21, 1993, and from August 2 to 13, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving issuance of temporary on-sale liquor licenses to the Minnesota Zoological Garden, for use during after-hours functions, on June 10, 13, 18, 20, 25 and 27, 1993; and on July 4, 11, 15 and 31, 1993; by the Minnesota Department of Public Safety, Liquor Control Division. Ayes ~ 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-102 approving issuance of a subdivision grading permit to Centex Real Estate Corporation for Outtot D, Carroll Center Addition (Cedar Pointe). Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-103 approving plans and specifications for Project 93- 406, Cedar Pointe Utility and Street Improvements, and authorizing advertising for bids to be received on June 17, 1993, at 2:00 p.m. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-104 approving the final plat and subdivision agreement for Pennock Point and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-105 approving issuance of a subdivision grading permit to Maurer Companies, Inc., for Pennock Point. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-106 awarding the contract for Projects 93-404 and 93- 410, Highpoint and Pennock Point Utility and Street Improvements, to Richard Knutson, Inc., the low bidder, in the amount of $292,559.90. Ayes - 5 - Nays - 0. TEMPORARY SICN RESTRICTION~ RING-AROUND- THE-ARTS STREET USE ADMINISTRATOR MILITARY LEAV~ ZOO TEMPORARY ON-SALE LIQ. LICENSES RES. 1993-102 CEDAR POINTE GRADING PERM] % REs. 1993-103 TAKE BIDS PROJ. 93~406 RES. 1993-10~- PENNOCK POINT FINAL PLAT RES. 1993-105 PENNOCK POINT GRADING PERMI% RES. 1993-106' AWARD CONTRACT PROJ. 93-404 & 93-410 CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-107 approving the preliminary plat for Schuller Addition (replat of Lot 1, Block 4, Cobblestone I) with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-108 approving the preliminary and final plats for Southport Centre 2nd Addition (replat of Lots 1 and 6, Block 1, Southport Centre), as recommended by the Planning Commission, waiving the requirement for a subdivision agreement, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, granting a variance to allow installation of a 34-foot wide driveway on Lot 8, Block 7, Palomino Hills 4th Addition (112 Chaparral Drive), as recommended by the Planning Commission. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, granting a setback variance to allow construction of a new house to within 48.5 feet of Farquar Lake, with a window ledge one-foot above the flood elevation level of 905 feet, on Lot 3, Block 1, Farquar Lake Addition (4931 Dominica Way), as recommended by the P19nning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, granting a variance to allow construction of an accessory building in the sideyard of the property at 7250 West 132nd Street, for Steven Wachter, as recommended by the Planning Commission. Ayes 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving a special use permit for temporary outdoor sales by Von Hanson's Meats, at 7533 West 148th Street, from May 1, 1993, through October 31, 1993. Ayes ~ 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving classification of Parcel No. 01~02100-010-54 (located on 140th Street between Palomino Woods and Timberwick 10th) as non- conservation allowing it to be sold as tax forfeit property by-Dakota County. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-109, approving specifications for a Diesel Fuel 500 kW Generator System with All-Weather Steel Enclosure for the Police Facility and authorizing advertising for bids to be received at 2:00 p.m. on June 8, 1993. Ayes - 5 - Nays - O. RES. 1993-107 SCHULLER ADDN. pRELIM. PLAT RES. 1993-108 SOUTHPORT CENTRE 2ND FINAL PLAT DRIVEWAY VARIANCE 112 CHAPARRAL SETBACK VARIANCE 4831 DOMINICA ACCESSORY BLDG VARIANCE 7250 W. 132ND VON HANSON'S SPECIAL USE TAX FORFEIT PROPERTY CLASSIFICATION RES. 1993-109 TAKE BIDS POLICE STN. GENERATOR CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Page 4 MOTION: MOTION: MOTION: MOTION: MOTION MOTION MOTION MOTION MOTION of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-110 approving the specifications for a Three-Position Dispatch Console for the Police Facility and authorizing advertising for bids to be received at 2:00 p.m. on June 29, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-111 receiving the.preliminary engineering report on Project 93-414, Rodeo Hills 2nd Addition Utility Improve- ments, and setting a public hearing on it at 8:00 p.m on June 17, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-112 directing the Engineer to prepare plans and specifications for Project 93-414, Rodeo Hills 2nd Addition Utility Improvements. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwtn, receiving the Traffic Consultant's report dated May 26, 1993; and authorizing the expenditure of up to $5,000 for plantings along Duluth Drive, at 138th Street, and up to $10,000 for construction of an eight-foot pathway along Duluth Drive, at Summerfield Park, as described in the Public Works Director's memo dated May 19, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-113 appointing Assistant Public Works Director Dennis Miranowski as the City's Representative to the Black Dog Watershed Management Organization. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving the Agreement with Schlegel Auction Company to conduct the City's auction on June 9, 1993, at 6:30 p.m., at the Central Maintenance Facility, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, authorizing the distribution of promotional items for the senior class parties at Apple Valley and Rosemount High Schools as described in the Parks & Recreation Director's memo dated May 24, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, receiving the Fire Department's 1992 Annual Report. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, receiving notice of the appointment of Gerald L. Zirk as District Chief, at Fire Station No. 1, by the Fire Chief. Ayes - 5 - Nays - 0. RES. 1993-110 TAKE BIDS POLICE STN. DISPATCH EOUIF RES. 1993-111 SET HEAi%ING PROJ. 93-414. RES. 1993-112 PLANS & SPECS. PROJ. 93-414 DULUTH/138TH PLANTINGS & PATHWAY RES. 1993-113 BLACK DOG WMO REPRESENTATIy}~ SCHLEGEL AUCTION AGREEMENT SENIOR CLASS PROMOTIONAL ITEMS FIRE DEPT. ANNUAL REPORT ZIRK DIST. IEF APPT CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Page 5 MOTION: of Humphrey, seconded by Goodwin, approving hiring the HIRE SEASONAL seasonal employees as listed in the Personnel Report dated EMPLOYEES May 27, 1993. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Melena said the development proposal by Fischer Sand & Aggregate FISCHER SAND Go. for mining operations south of County Road 42 has proceeded & GRAVEL SOUTH through the Planning Commission. However, it comes before the Council OF C.R. 42 with no recommendation. Mr. Kelley reviewed the details of the pro- posal and showed the location of the 292-acre site. The conditional use permit, under which it would operate, allows for active mining on no more than 25 acres at a time. The processing site would be located west of Pilot Knob Road. Mining would begin on the east side of Pilot Knob. A conveyor will be used to transport material to the processing site. Mr. Kelley reviewed a comparison of the proposed operation to the existing Fischer operation and relationship of residences to each site. The proposed Comprehensive Plan Amendments include text and a temporary sand and gravel overlay on the Land Use Map. The underlying designations would not change. Mike Dougherty reviewed the draft Conditional Use Permit (CUP) which would be considered after the Comprehensive Plan Amendments and rezoning actions. It was prepared based on City Code provisions and incorporates a document submitted by Fischer detailing the proposed operation. He reviewed the 21 terms listed in the draft and said two additional terms have been agreed to and will be added. They are number 22, relating to a deceleration lane on Pilot Knob Road; and number 23, relating to potential relocation of Williams Bros. Pipeline. John Voss, representing Fischer, noted the lengthy process and studies involved in preparing this proposal. If the new site is not approved, Fischer will continue to operate as a nonconforming use on the existing site north of County Road 42. If it is approved, the operation will be moved and lose the nonconforming use status. He commented on: Phasing of the move; a plan has been submitted. A commitment to quality redevelopment of the site north of County Road 42. State of the art mining on the new site where no more than 50 acres will be open at any one time (at present, in excess of 350 acres are open). He noted that a strict set of rules will be in place and Fischer agrees to comply with them. After analyzing the proposal and answering all questions, City Staff has made a positive recommendation and he requested Council approval. Mayor Branning asked that the Council be shown the video tape of the Planning Gommission'~ deliberation of this item at its May 12, 1993, meeting. The tape was played. The Mayor noted a departure from procedure, due to the critical nature of the issue, and asked for discussion before a motion is made. Gouncilmember Sterling asked if Fischer is in agreement with all 23 terms in the CUP? Jerry Duffy, representing Fischer, said they are. Costs associated with a deceleration lane on Pilot Knob Road and pipeline relocation have been reviewed and they agree to paying for them. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Page 6 Councilmember Erickson said the proposal is to mine 25-acre cells and restore them as the operation proceeds. He asked what is meant by restoring? Mr. Voss said topsoil will be stripped from the next cell to be mined and placed on the previous cell. It will be seeded until ready for development. One cell may take a year and a half to mine. There are three or four cells east of Pilot Knob and that mining is anticipated to take fire'to ten years. Gouncilmember Erickson asked about sanitary sewem, availability. Mr. Gretz said development will require construction of the central trunk sewer. The Metro Waste Control Commission requires about a five-year lead time to plan for bringing it from Lakeville. It is up to the City when to extend it from there and will depend on requests for development. Councilmember Erickson said he is concerned that there is a five to ten year problem with sewer availability and a 50-year solution is proposed. He would like some period of time to close the mining operation. He asked if there could be City review after five years to determine if the mining operation is still in the City's best interests? Mr. Dougherty said the CUP process is a zoning issue and runs with the land. To limit duration earlier, would have to be by concurrence. The City will have control through annual excavation permits. Councilmember Goodwin asked how long it might take to mine the area east of Pilot Knob based on present extraction rates? Mr. Gretz said, assuming 1,000,000 cubic yards are mined each year, the best estimate is that it would take seven years. Counctlmember Humphrey noted the excavation permit is not on the agenda tonight and asked when that will be considered? Mr. Dougherty said it has been submitted' and his office is reviewing it. It could be on the June 17th agenda. Councilmember Goodwin asked how the proposal compares to other operations in the state and what would happen if Fischer decides he doesn't want to comply with the 23 terms in the CUP? Mr. Duffy said he does not know of any other ordinance that has as many controls. This proposal has restrictions beyond anything imposed by other communities. Mr. Sheldon said enforcement procedures are spelled out and would be Court proceedings. The legal position is they have discussed the conditions. Fischer has applied for the CUP and requested the conditions and he believes they are enforceable. Mr. Duffy said they will have given up the pre-existing nonconforming use to the entire area and will not be able to go back to it. They would not jeopardize the operation on the new site. Within a month, they will have proposals to develop the old site and would agree not to pull the GUP until the deve!o~ment proposal for the area north of Gounty Road 42 is submitted. Councilmember Erickson asked what controls will apply to other operators? Mr. Welsch said, as existing operators apply to expand, they will be asked to go through the same conditional use process. The EIS prepared for the 1,400-acre area will be used as a standard for setting conditions. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1993 Page 7 Frank Curry, 14747 Endicott Way, representing Valley Way Village II, spoke in opposition to the proposal. He expressed concerns about dust, property values, operations taking place on Saturdays, enforcement of conditions and truck traffic. He asked the Council not to take action at this meeting. Jay Davis, 7348 Upper 157th Street, said he moved to the Apple Ponds neighborhood~ in 1990 and opposes any gravel mining near residential areas. Raschell Simmons, 6129 West 161~t Street, said Councilmember Humphrey disqualified himself fromvoting during the EIS process. She asked if he still has a conflict of interest as a broker for Mr. Fischer? Harold Freeman, 14733 Endicott Way, said he questioned operation of the existing gravel pit when he moved here five years ago. He would not have moved to the area if he knew gravel would be mined south of his home. The value of his property has already dropped from what he paid for his home. Mayor Branning asked that roll call votes be taken on actions the Council will consider on this issue. MOTION: of Branning, seconded by Humphrey, adopting Resolution No. 1993-114 approving amendments to the Land Use Chapter of the Comprehensive Plan and Land Use Guide Plan Map to provide for interim sand and gravel mining operations on certain areas south of County Road 42 in Sections 35 and 36, as more specifically shown on attached Exhibits, and authorizing their submittal to the Metropolitan Council. RES. 1993-114 SAND & GRAVEL COMP. PLAN AMENDMENT Mr. Sheldon commented on the conflict of interest question noting there are voluntary and legal disqualifications. In voluntary disqualifications, a member can abstain from voting at any time. In legal disqualifications, a member who has a financial interest is disqualified from voting. In a voluntary disquali- fication, a 4/5 vote of the Council is required to pass this issue; in a legal disqualification, it becomes 2/3 of the remaining members. Councilmember Goodwin said the Council has to make the final decision on this issue and consider all ramifications. It has to consider possible legal action and he questioned whether any court-ordered agreement would contain the controls that have been agreed to by Fischer. Councilmember Humphrey noted the City has been dealing with gravel issues for years and finally has an opportunity to control them. He has conferred with his attorney a~d was advised he does not have a legal conflict in voting. He represented Rottlund Homes in the purchase of 44 lots from Mr. Fischer on the northeast corner of 140th and Galaxie. That is concluded and he can vote now. Roll call vote was taken on the motion: Erickson - Nay; Humphrey - Aye; Sterling - Aye; Goodwin - Aye; Branning - Aye. (Ayes - 4 - Nays - 1). CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Page 8 Mayor Branning commented on other gravel operations in Apple Valley and other cities. Problems with them have been recognized and addressed. The City has maintained a quality community while looking at the rights of all property owners. Even without the Fischer operation moving south of County Road 42, the Northwestern and Kraemer operations exist and will continue there. MOTION: of Goodwin, seconded by Humphrey, passing Ordinancs No. 556 rezoning property located south of County Road 42 in portions Sections 35 and 38 from "A" (agriculture) to "SC" (sand and gravel mining). ORDINANCE 556 FISCHER S & ~ REZONING Councilmember Sterling asked when gravel mining started south of County Road 42? Mayor Branning said the Kraemer operation began in the late 1960's and the Northwestern/Model Stone operation began in 1972. Roll call vote was taken on the motion: Erickson - Nay; Humphrey - Aye; Sterling - Aye; Goodwtn - Aye; Branning - Aye. (Ayes - 4 - Nays - 1). MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1993-115 approving a Conditional Use Psrmit for Fischer Sand & Aggregate Go. to allow sand and gravel mining operations on property located south of County Road 42, in parts of Sections 35 and 36, with 23 terms as more specifically detailed in the permit document, and exhibit, prepared by the City Attorney. RES. 1993-115 FISCHER S & CONDITIONAL USE PERMIT Councilmember Erickson expressed concern about including some type of time limit on the mining operation. Mr. Dougherty said under state law, that would have to be an agreement between the parties and could not be imposed. The annual excavation permit also can include standards, but not timing. Roll call vote was taken on the motion: Erickson - Aye; Humphrey - Aye; Sterling o Aye; Goodwin - Aye; Branning Aye. (Ayes - 5 - Nays ~ 0). Mayor Branning called the public hearing to order at 10:41 p.m. to PUBLIC HEARIN~ consider 1993 special assessment rolls 320 through 323 and noted ASSESSMENTS noted receipt of the affidavit of publication of the hearing notice. 320 TO 323 The City Clerk reviewed the rolls totaling $695,274 including a cor- rection on roll number 320 reducing the assessment on parcel number 01-01500-030- 04 by $3,218.00. The Mayor asked for questions or comments from the Council and the audiende. There were none and the hearing was declared closed at 10:42 p.m. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993~116 approving 1993 special assessment rolls 320 through 323, totaling $695,274, and authorizing their transmittal to the Dakota County Auditor to be extended upon the tax lists for collection. Ayes - 5 - Nays - O. RES, 1993-116 LEVY ASSMTS. 320 TO 323 CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 1993 Page 9 MOTION: of Erickson, seconded by Sterling, canceling the informal AMEND MEETING meetings of June 3, 1993, and July 15, 1993, and setting an SCHEDULE informal meeting at 6:00 p.m. on June 17, 1993, as described in the City Clerk's memo dated May 26, 1993. Ayes - 5 - Nays - 0. Mayor Brannlng said he attended the AMM's annual meeting on May 26, AMM MEETING 1993. Over 70 communities were represented and awards given for REPORT innovative programs. They went to: Cottage Grove, for community oriented policing; Richfield, for "Rediscover Richfield" upgrading of homes; and Falcon Heights, for its dispute resolution process. Mr. Melena reviewed steps being taken in the formation of a Dakota County "League of Governments", as described in the memo dated May 21, 1993. Elected officials from each entity are being requested to participate in am informational meeting to explore it further. DAKOTA COUNTY LEAGUE OF GOVERNMENTS MOTION: of Sterling, seconded by Goodwin, appointing Mayor Branning MAYOR REP. TO as the City's representative to the Dakota County "League of DAKOTA LEAGUE Governments". Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, appointing Victor Scarers to fill the vacancy on the Cable TV Committee for a term expiring March 1, 1995. Ayes - 5 - Nays - 0. APPT. SEAVERS CABLE TV COM. MOTION: of Goodwin, seconded by Sterling, appointing Laura Steadman as the youth representative on the Parks & Recreation Advisory Committee for a term expiring March 1, 1995. Ayes ~ 5 - Nays - 0. APPT. STEADMAN PARKS & REG. COMMITTEE Mayor Branning suggested the new appointees be invited to a future informal meeting to meet the entire Council. MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, check register dated May 19, 1993, in the amount of $1,324,755.32; and May 26, 1993, in the amount of $1,597,38~.19. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:00 o'clock p.m.