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HomeMy WebLinkAbout03/24/1994CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 24th, 1994, 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: Deputy City Administrator Gretz, Deputy City Clerk Gackstetter, City Attorney Sheldon, City Engineer Gordon, Police Captain Erickson, Associate Planner Hickok, City Planner Kelley, Public Works Director Miranowski, and Arena Manager Pietlg. 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 led by the members of Cub Scout Pack 298. MOTION: of Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA MARCH 8, 1994 MINUTES PROCLAIM CARING FOR THE NEEDY DAY RES. 1994-89 SALE OF STAR CABLEVISION 1994 PARK USAGE 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. MOTION: of Sterling, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of March 8th, 1994, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, proclaiming April 30, 1994, as "Caring for the Needy Day" and urging citizens to contribute to emergency food programs which provide relief to the hungry. Ayes - 5 - Nays - MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-89 approving the sale of Star Gablevision Ownership and Franchise to Marcus Cable Partners contingent upon satisfac- tion of issues delineated in the resolution. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, granting usage of the following neighborhood parks for community athletic programs during 1994: Briar Oaks, Delaney, Duchess, Faith, Fred J. Largen, Galaxie, Greening, Greenleaf, Hagemeister, Huntington, Longrldge, Moeller, Redwood South, Tintah, and Wildwood. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Humphrey, granting a lakeshore setback variance to allow construction of a 12-foot diameter gazebo to be located 20 feet from the ordinary high water mark of Lake Alimagnet on Lot 2, Block 4, Palomino Hills Lake Shore (477 Reflection Road), as recommended by the Planning Commission. Ayes - 5 - Nays - O. of Sterling, seconded by Humphrey, granting a ~ideyard setback variance to allow construction of an 18~ x 42~ four- season addition on Lot ~, Block 8 ~ Diamond Path Third- . Addition (14748 Easter Avenue), as recommended by the- Planning Commission. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-90 approving the final plat and subdivision agreement for Carroll Center Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0 (Humphre~ Abstained). of Sterling, seconded by Humphrey, approving the one-year extension for Phillips Petroleum preliminary plat, building permit authorization and motor fuel sales conditional use permit to expire on April 25, 1995. Ayes - 4 - Nays - 0 (Humphrey Abstained). of Sterling, seconded by Humphrey, directing the City Engineer to prepare a preliminary engineering report for the sanitary sewer connection at 13421 Cedar Avenue, Project 94- 455. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Remolution No. 1994-91 awarding the contract for Projects 94-440 and 94- 447, 140th Street reconstruction, Galaxie Avenue to Johnny Cake Ridge Road, and water mains; to Fischer Sand and Aggregate, the low bidder, in the amount of $1,260,314.71. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-92 approving plans and specificRttons for Proj. 94~437, 1994 Street Maintenance Program, and authorizing advertising for bids to be received at 2:00 p.m. on April 21, 1994. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-93 approving plans and specifications for Project 94- 444, Enderes Tools utility and street improvements, and authorizing advertising for bids to be received at 2:00 p.m. on April 21, 1994. Ayes - 5 - Nays - O. SETBACK VARIANCE 477 REFLECTION SIDEYARD VARIANCE 14748 EASTER RES. 1994-90 CARROLL CENTER 2ND ADDN. FINAL PLAT PHILLIPS PETRO BLDG FUEL EXTENSION PRELIM. REPORT 13421 CEDAR RES. 1994-91 AWARD CONTRACT PROJ. 94-440 & 94-447 RES. 1994-92 PROJ. 94-437 TAKE BIDS RES. 1994-93 PROJ. 94-444 TAKE BIDS CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 3 MOTION: of Sterling, seconded by Humphrey, approving the Lawn Mower Lease Program with Polfus Implement, Inc., for six years, at an annual cost of $15,000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. LAWN MOWER LEASE PROGRAM SENTENCE TO SERVICE PROGRAM CONTRACT FIRE CAPTAIN STATION NO. HIRE SEASONAL EMPLOYEES MOTION: of Sterling, seconded by Humphrey, approving the Dakota County contract for the Sentence to Service program work crews effective April 15, 1994, through December 31, 1994, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. - MOTION: of Sterling, seconded by Humphrey, confirming the Fire Chief's appointment of Charles Brady as Fire Captain at Station No. 1 under City Code Section 10-13(b). Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Report dated March 24, 1994. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA John Voss, Planning Consultant for the City, reviewed the Planning VALLEY OAKS Commission recommendations on the proposed Valley Oaks Townhomes, TOWNHOMES being platted as Palomino Oaks, located east of Pennock on 128th Street. The revised plan contains 52 townhome units, each with a two-car garage, and 139 additional parking spaces which equals approximately 4.7 parking spaces per unit. Mr. Voss then addressed items property owners in the Saddle Ridge neighborhood brought to his attention. First, they requested the northernmost driveway be offset 100 feet to the north of 128th Street. Mr. ~oss stated this was also the developers' original plan and is acceptable. Second, the neighbors expressed concern over outside storage of items such as bicycles. Mr. Voss said the issue of storage is covered by the townhouse lease agreement and recommended it be attached to the Council's approval this evening if appropriate. Third, the neighbors were concerned with the size of the garages, which at 19 feet wide and 20 feet deep, will only provide minimum storage. Mr. Voss stated maintenance will be provided by the owner and in this type of development storage of garden equipment, etc., should be minimal. Last, they asked for additional landscaping treatment on the vacant lot located on the west side of Pennock Avenue, south of 128th Street. Dave Phillips, 7638 W. 128th Street, representing the Saddle Ridge neighborhood, expressed concern with the integrity of the design and with the lots on the west side of Pennock Avenue where numerous oaks would need to be removed. He indicated they were in favor of moving the entrance to the north as Mr. Voss had stated. Mr. Phillips indicated the neighborhood is still concerned with the density of the housing and would like to see fewer townhomes with larger garages. He asked for landscaping, such as berming and evergreen trees, to screen the CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 4 front of the townhomes; as well as landscaping on the open lot, south of 128th Street, to screen the townhome units on the west side of Pennock Avenue. He stated they would prefer to see the townhomes on the west side eliminated. Last, they would like a representative of the neighborhood appointed to work with the City and the developer on the landscaping approval process. Councilmember Erickson asked what the typical garage size is of an Orrin Thompson home? Mayor Branning responded that garages built in the first phase of the Orrin Thompson development are 18t x 20~. Councilmember Erickson then asked what the average garage size is in Orrin Thompsonts second development? Mr. Kelley stated they would be about 20~ x 20~. Councilmember Sterling asked how many three-story units were going to be built because it appeared as though they had more storage space. Arthur Eaton, the developer, answered there would be 10 on the west side. Councilmember Goodwin stated he agreed with most of the decisions regarding the development including adding brick, two-car garages, and steel siding. He further stated he did not feel commercial Usa of this land was appropriate and is pleased with this development except for the townhomes located on the west side of Pennock Avenue. Mayor Branning asked to see a rendering of the development which depicte the brick facing. Wally Johnson stated the rendering before the Council was new and redesigned to accommodate the two-car garages but that it still has over 50 percent brick. Mayor Branning asked for clarification as to whether or not the two ends of the units with their sides facing Pennock were entirely brick. Mr. Voss stated the current design only calls for brick half way up. Councilmember Humphrey asked if the developer would consider assuming a portion of the eastern side of Lot 33, Saddle Ridge, for purposes of landscaping, considering it is an oversized lot, and maintain it, with subsequent replatting so it can stay with the townhouse development~ MOTION: of Sterling, seconded by Erickson, adopting Resolution No. RES. 1994-94 1994-94 approving the preliminary plat of Palomino Oaks and PALOMINO OAKS directing preparation of a subdivision agreement. PRELIM. PLAT Couneilmember Erickson asked if the relocation of the driveway was considered part of the preliminary plat? Mr. Voss said it would be a site plan consideration. MOTION: of Humphrey, seconded by Sterling, amending the foregoing motion by extending the north-south line of the westerly piece of property north to 128th Street; and that the property next to Pennock Avenue, with the exact dimensions to be determined by the City Attorney and City staff, be dedicated by scenic easement and held and maintained by the owner with the rest of the Valley Oaks property. AMEND PALOMINO OAKS PRELIM. PLAT CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 5 Mayor Branning asked the developer for comments regarding the division of Lot 33, Saddle Ridge, for purposes of a scenic easement. Mr. Eaton stated he would agree to that which was being discussed. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Councilmember Goodwtn asked if the developer considered not building townhomes on the west side Pennock Avenue? Mr. Gretz indicated this was discussed with the developer but it was determined not to be acceptable due to the costs involved. Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Goodwin). Mr. Gretz reviewed the revised site plan and proposed changes. He indicated staff would be happy to work with a representative of the Saddle Ridge neighborhood on the landscaping plan as they have requested. Mayor Branntng asked to continue discussion of brick facing on the two townhouse units with sides facing Pennock Avenue. The Council reviewed drawings presented by Mr. Johnson. Mayor Branning questioned whether the sides of those two units could be entirely bricked to the roof line. Mr. Johnson said they could brick the western side of those two units. Councilmember Erickson suggested the combination of steel siding with the brick may be more aesthetically pleasing. MOTION: of Branning, seconded by Sterling, requiring the west end of the two units, in Valley Oaks Townhomes, with sides facing Pennock Avenue be entirely brick to the roof line. VATJ.~Y OAKS BRICK EXTERIOR Councilmember Erickson asked the residents of Saddle Ridge if they would like the end of these two units bricked? Mr. Phillips indicated he would. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Sterling, adopting Resolution No. 1994-95 the approving the revised site plan and authorizing issuance of a building permit for 52 units, known as Valley Oaks Townhomes, in Palomino Oaks, with conditions. Ayes - 4 - Nays - 1 (Goodwtn). RES. 1994-95 VALLEY OAKS BLDG. PERMIT MOTION: of Humphrey, seconded by Erickson, directing the City Engineer to prepare a preliminary engineering report for Palomino Oaks. Ayes - 4 - Nays - 1 (Goodwin). PALOMINO OAKS PRELIM. REPORT CUB FOODS CONDITIONAL USE PERMIT Mr. Hickok reviewed Cub Food's proposed conditional use permit for a four-season garden center on the west end of the building; an area originally designed for wholesale produce pickup. Mr. Htckok ex- plained that, if approved, all future outdoor sales on the site would be confined to this area. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 6 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1994-96 approving a conditional use permit for a four-season outdoor garden sales area for Cub Foods, on Lot 1, Block 1, Apple Valley Retail Addition, with conditions, as recom- mended by the Planning Commission. RES. 1994-96 CUB FOODS OUT- DOOR SALES CUP Mayor Branning asked for details on the fencing material to be-used. Craig Streich, of Cub Foods, indicated SuperValu is currently_taking bids on wrought iron fencing. They have already_been in contact with the City staff on the color of paint to match the Ring Route. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelly reviewed the Planning Commission recommendation on a con- ditional use permit for alternate exterior building materials in the Waterford Village development. Dale Runkle, of Joe Miller Homes, introduced Hamid Kashani, of Habitat Architecture, the architect who described the design and plans for exterior building materials. WATERFORD VILLAGE BLDG. MATERIALS Councilmember Humphrey asked if three-car garages can be added to some units? Mr. Kashani said the development was not designed for three-car garages. Mayor Branning asked what kind of roofing material would be used? Mr. Kashani indicated they will' use Timberline shingles. Councilmember Humphrey stated he previously expressed concern regarding roofing material, but use of the Timberline product helped eliminate his concern. Mayor Branning inquired as to the use of brick and asked if brick could be incorporated along the side of garages? Mr. Kashani indicated the style of the development is Cape Cod/New England and does not use a lot of brick. He said he would prefer a wainscot application, but would consider the Mayor's request. Councilmember Sterling inquired if aluminum or steel siding would be preferred over vinyl siding. Mr. Kashani responded that this vinyl product has a 50-year warranty and described its advantages. Councilmember Sterling asked how long buildings with this product have been around? Mr. Kashani said approximately 10 years because that is the age of this product. Mr. Oretz said the Planning Commission is currently considering changing the ordinance to include high grade vinyl siding. - MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994 -97 approving the conditional use permit for Waterford Village allowing for alternate exterior building materials as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-q7 WATERFORD VILLAGE CONDL. USE PERMIT AVSUR ACRE~l DEVELOPMEN~ Mr. Hickok reviewed the Planning Commission recommendation on the Avsur Acres development located west of Pennock Avenue and north of 133rd Street. The applicant is asking for a four-lot subdivision CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 7 and rezoning from R-1 to R-3. The recommendation includes a stipulation that Glenhaven Avenue be installed at the end of 36 months, upon further subdivision of the outlots, or when a building permit for a new residence is submitted. MOTION: of Humphrey, seconded by Sterling, passing Ordinance No. 570 rezoning Avsur Acres from R-1 (large lot single family) to R-3 (single family) as recommended by the Planning Commission. ORDINANCE 570 AVSUR ACRES REZONING Councilmember Humphrey expressed concern with rezoning the property based on a condition. He asked if the 36-month term was tied to a subdivision agreement versus the rezoning request? Mr. Hickok said yes, the rezoning is separate from the platting. Mayor Branntng asked the request is for R-3 rezoning? Mr. Hickok said the owner would not need to come back to the Council for future subdivision. These are typical R-3 lots similar to those north, south, and west of the property. Councilmember Sterling asked how the rezontng would affect the rest of the property, other than the two outlots. Mr. Hickok said that although the property appears adequate for further subdivision, the vegetation and grade make it difficult to install a road. This is an unusual condition and it is recommended that access easement from Pennock Avenue through the center of the property be provided in the platting process. Vote was taken on the motion. Ayes - 5 - Nays = 0. MOTION: of Goodwin, seconded by Erickson, adopting a resolution AVSUR ACRES approving the Avsur Acres preliminary plat, with conditions, PRELIM. PLAT as recommended by the Planning Commission. Councilmember Goodwin asked why the wait of three years or more to complete the road? Mr. Hickok stated the owner and future owner did not want a road, but agreed to the compromise. The Council could act to order the improvement at 36 months. Mr. Gretz said there is also a condition which states that either outlot cannot be built upon unless replatted, the road would then be installed. Mayor Branning asked about the utilities for this property. Mr. Gordon said the sanitary sewer, water, and storm sewer will be served from the north and are at the edge of the property. Councilmember Humphrey asked about a subdivision agreement outlining the 36-month term for the road. Mr. Hickok said, as part of the final plat, a subdivision agreement will be prepared outlining the 36-month agreement for the road, the 15- year assessment, and other items. Mayor Branntng asked for clarification of the subdivision. Mr. Hickok said the two homes were being subdivided and two outlots platted. Mayor Branning expressed concern with subdividing a lot without access to a public street. Mr. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 8 Hickok said a driveway easement is proposed to serve the southern lot. The Planning Commission and staff felt that describing an easement which follows the contours and existing driveway would be conducive to the site. The owners have been asked to identify that easement as part of the final plat. Mr. Gretz said that although this type of situation has not occurred in the past, it may occasionally occur now as the City is left with slivers of property which are landlocked such as this one. Mayor Branning said the property looks like it could be subdivided into several contoured lots with a cul de sac. Mr. Hickok responded that it has only a 165 foot north-south dimension. Using a standard right-of-way and a cul de sac at the end, the lots would be small and grading for the road would remove many of the trees making the lots less desirable. Councilmember Humphrey asked the City Attorney to explain what is necessary to exchange Outlot A and B. Mr. Sheldon said the lots can be exchanged but cannot be developed or built upon until they are replatted into lots and blocks. Mayor Branning asked if the two existing homes were being taxed as one tax parcel. Mr. Kelly said they are considered one tax parcel. MOTION: of Humphrey, seconded by Goodwin, to take a five minute recess. Ayes - 5 - Nays - 0. gECESS The Council recessed at 9:35 p.m. and reconvened at 9:47 p.m. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of the Avsur Acres preliminary plat until April 14, 1994. Ayes - 5 - Nays 0. TABLE MOTION RES. 1994-98 SPORTS ARENA DONATION MOTION: of Goodwin, seconded by Branning, adopting Resolution No. 1994-98 accepting, with thanks, the donation of $100,000.00 from the Apple Valley Hockey Association for use toward the new sports arena, Mr. Pietig presented the Council with a mock check for $100,000 representing the donation made on behalf of the Apple Valley Hockey Association. Mr. Pietig said the money has been donated to the City of Apple Valley to help offset the cost for the new sports arena. Mayor Branning thanked the Apple Valley Hockey Association for their hard work. Vote was taken on the motion. Ayes - 5 - Nays - O. Mayor Branning reminded the Council of the Planning Commission ap- pointments/reappointments and asked them to come prepared to make recommendations at the next Council meeting. PLANNING COM. APPOINTMENT Mayor Branning recapped the League of Minnesota Cities 1994 Legislative LMC Conference which several of the councilmembers attended and stressed the importance of the Council to keep up with current legislation. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 1994 Page 9 Councilmember Goodwin expressed concern with Senate File 2421 regard- MOBILE HOME ing enforcement of regulations on mobile home parks and the fact that PARK LEGISLAT. one of our own legislators helped introduce the bill. Councilmember Erickson said he would like specifics on what the bill was trying to fix. Mr. Gretz said the reason being given for the bill is to prevent municipalities from legislating mobile home parks out of existence. Councilmember Goodwln asked staff to find out the exact date the bill was introduced. Councilmember Goodwin said he would like a proposal on the next COMMISSION/ Council agenda for members of the Planning Commission, Urban Affairs COMMITTEE Committee, and their immediate families to receive some sort of BENEFITS benefit to thank them for the hours of volunteer work they provide the City. He suggested it could be recreation related, such as free ice skating, tennis, and golfing privileges. Mayor Branning directed staff to outline a proposal of possible benefits and potential volunteer groups. MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated March 10, 1994, in the amount of $400,896.96; and March 24, 1994, in the amount of $3,318,990.02. Ayes - 5 - Nays - 0. CLAIMS & BILL~ MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:20 o'clock p.m.