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HomeMy WebLinkAbout06/30/1994CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 30th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning (attended until 8:20 p.m.); Councilmembers Goodwin, Humphrey, and Sterling. ABSENT: Councilmember Erickson. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Police Captain Erickson, Administrative Intern Grawe, Associate Planner Hickok, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski and Sports Arena Manager Pietig. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Humphrey, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Steve Mattson, of Juran & Moody, the City's fiscal consultant, dis- ENDERES TOOLS tributed a cash flow analysis of $330,000 General Obligation Taxable TIF BONDS Tax Increment Bonds proposed in connection with the Enderes Tools pro- ject. Juran & Moody is offering to purchase the bonds for a net interest rate of 7.926 percent. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-197 accepting the offer of Juran 6, Moody, Inc., to purchase the $330,000 Taxable General Obligation Tax Increment Bonds of 1994, at a net interest rate of 7.926 percent, and providing for issuance of the bonds. Ayes - 4 - Nays - 0. RES. 1994-197 SELL $330,000 TIF BONDS IMPROVEMENT BOND SALE SET SPECIAL MEETING Mr. Mattson said he had originally recommended setting a sale date of July 26, 1994, for the Gity's $4,480,000 G.O. Improvement bonds. Due to market changes, he recommends moving the sale up to July 5, 1994, to save interest costs. MOTION: of Humphrey, seconded by Goodwtn, setting a special meeting for July 5, 1994, at 1:00 p.m. for the purpose of consider- ing the sale of $4,480,000 G.O. Improvement Bonds of 1994. Ayes - 4 - Nays - 0. Mr. Kelley reviewed the Planning Commission's recommendation on the PANNEKOEKEN revised proposal for Pannekoeken Restaurant located on the southeast RESTAURANT corner of County Road 42 and Gleason Path. The revision is requested PROPOSAL because a multi-tenant building is now proposed for the site. It will still have the same 176-seat restaurant and space for a 1,350 square foot gift shop, but two tenant spaces of 1,750 square feet each are being added. CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 2 MOTION: of Sterling, seconded by Goodwin, passing Ordinance No. 578 amending Sections A9-1 and A9-5 of Appendix A of the City Code to allow a free-standing building in Zone 1 of Planned Development No. 244 to contain accessory tenant space and to establish standards for free-standing signs as recommended by the Planning Commission. ORDINANCE 578 PLANNED DEV. TENANT SPACE Mayor Branning asked for clarification of the sign allowed. Mr. Kelley said the sign shown in the report is not the sign that will be allowed. It will be a ground structure. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-198 authorizing issuance of a building permit for Pannekoeken Restaurant, including tenant space, on Outlot A, Southport 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1994-198 PANNEKOEKEN RESTAURANT BLDG, PERMIT Mayor Branning reminded everyone of the 4th of July celebration this 25TH ANNIVMR. weekend and the associated 25th Anniversary activities. He encour- ~ JULY aged everyone to attend and participate. (The meeting was recessed at 8:20 p.m., during which time Mayor Branning left. The meeting reconvened at 8:27 p.m. with Acting Mayor Sterling presiding.) Acting Mayor Sterling 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, MOTION: of Humphrey, seconded by Goodwin, adding a recycling grant application to the consent agenda, moving building permit authorization for the American Legion to the regular agenda, and approving all items then on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwtn, approving the minutes of the regular meeting of June 16th, 1994, as written. Ayes 3 - Nays - O. JUNE 16, 1994 MINUTES RES. 1994-199 FIRE DEPT. DONATION MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-199 accepting, with thanks, the donation of a vehicle by Robert E. Campion for use by the Fire Department for training. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-200 accepting, with thanks, the donation of a vehicle by Matthew J. Erb for use by the Fire Department for training. Ayes - 3 - Nays - 0. RES. 1994- FIRE DEPT. DONATION CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, approving the revised Joint Powers Agreement for the Minnesota Valley Transit Authority (MVTA), including increasing the size of the Board to nine members, and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. . REVISED MVTA J.P. AGREFi~ENT of Humphrey, seconded by Goodwin, approving the disposition and sale of the City's old telephone equipment as described in the City Clerk's memo dated June 27, 1994. Ayes - 3 - Nays - 0. PHONE EQUIP. DISPOSITION PARK DED. FUND EXPENDITURE RES. 1994-201 BOSTON CHICKEN BLDG, PERMIT COMMONS SIGN VARIANCES RES. 1994-202 PROJ. 94-446 PLANS & SPECS, of Humphrey, seconded by Goodwin, authorizing the expenditure of up to $20,000 from the Park Dedication Fund, for ball field maintenance, as described in the Parks & Recreation Director's memo dated June 27, 1994. Ayes - 3 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-201 authorizing issuance of a building permit to Boston Chicken for remodeling the building on Lot 1, Block 2, Apple Valley Square 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. of Humphrey, seconded by Goodwin, granting a setback variance to allow placement of signs to within nine feet of the lot line for Commons I and to within six feet of the lot line for Commons II office buildings, as recommended by the Planning Commission. Ayes - 3 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-202 directing the City Engineer to prepare plans and specifications for Project 94-446, Foxmoore II Utility Improvements. Ayes - 3 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1994-203 1994-203 directing the City Engineer to prepare plans-~nd -P~RO3/ 94-457-- specifications for Project 94-457, Middle School No. 6 PLANS & SPECS. Utility and Street Improvements. Ayes - 3 - Nays - O. of Humphrey, seconded by Goodwtn, approving Traffic Signal Agreement No. 94-06 with Dakota County for installation of a traffic signal at County Road 42 and Johnny Cake Ridge Road and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. SIGNAL AGREEMT C.R. 42 & JOHNNY CARE RES. 1994-204 COUNTY BIKE TRAIL SIGNING. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-204 supporting Dakota County's application for an I.S.T.E.A. Grant for bike trail informational signing. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 4 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-205 rescinding all previous parking restrictions along Guthrie Avenue between 140th and 145th Streets. Ayes - 3 - Nays - O. RES. 1994-205 RESCIND PARKNG GUTHRIE AVE, MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-206 establishing "no parking" zones from September 1st to June 15th, 7:00 a.m. to 3:00 p.m., Monday to Friday; on Guthrie Avenue, Guthrie Way, Lower Guthrie Court and Upper Guthris Court. Ayes - 3 - Nays - 0. RES. 1994-206 NEW GUTHRIE PARKING RESTRICTIONS MOTION: of Humphrey, seconded by Goodwin, receiving a reminder that the City Administrator will be on vacation from July 3rd to 8th, 1994, as indicated in his memo dated June 21, 1994. Ayes - 3 - Nays - 0. CITY ADMIN. VACATION MOTION: of Humphrey, seconded by Goodwin, approving an Agreement with Janna King Economic Development Services, as described in the proposal dated June 14, 1994, and authorizing the M~yor and Clerk to sign the same. Ayes - 3 - Nays - 0. JANNA KING ECONOMIC DEV. AGREEMENT MOTION: of Humphrey, seconded by Goodwin, approving an Agreement with Personnel Decisions, Inc., to provide assessment services for Police Officer Recruitment, as described in the proposal dated May 6, 1994, and authorizing the Mayor and Clerk to sign the sams. Ayes - 3 - Nays - O. PERSONNEL DECISIONS AGREEMENT MOTION: of Humphrey, seconded by Goodwin, approving reclassification of the Associate Planner position from classification 10 to 9, as described in the Personnel Report dated June 30, 1994. Ayes - 3 - Nays - 0. ASSOC. pLANNER CLASSIFICATION MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-207 approving submission of a special 1994 Community Landfill Abatement Special A~sfstance Grant Application in the amount of $799.50 to recover sales tax paid on recycling bins. Ayes - 3 - Nays - 0. RES. 1994-207 1994 RECYCLING GRANT APP, END OF CONSENT AGENDA Councilmember Goedwin asked for clarification of the building materials on the American Legion's addition and if they would recon- sider and add more brick? Mr. Htckok said it is an addition for storage purposes and does not modify more than 50 percent of the exterior which would require meeting current requirements. AMERICAN LEGION BLDG PERMIT Councilmember Humphrey said he is a neighbor to the building and will abstain from voting on the building permit. CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 5 Dick Watland, 19910 Judicial Road, Lakeville, Legion Post Commander; said the space will be used for storage by other nonprofit groups. They do not have excess profits to put into the building addition. They have made $60,000 worth of improvements and have more to do. The building will be paid for by the end of the year and could look at other improvements then. Counctlmember Humphrey asked if the footings will support brick in the future? Mr. Watland said he believes they will. MOTION: of Goodwtn, seconded by Sterling, adopting Resolution No. 1994-208 authorizing issuance of a building permit for an addition to American Legion Post 1776 building, on Lots 13 and 14, Block 2, Valley Commercial Park 2nd Addition, as recommended by the Planning Commission. Ayes - 2 - Nays - 0 (Humphrey Abstained). RES. 1994-208 AM. LEGION BLDG. PERMIT Mr. Kelley reviewed the memo concerning consideration of a pathway ALIMAGNET requirement for the Alimagnet Landing subdivision. The site has been LANDING reviewed and the area it would serve evaluated~ It has been deter- PROPOSAL mined it does not provide any type of continuous walking loop and should be eliminated. An increase in the cash in lieu of land park dedication requirement would be appropriate. MOTION: of Goodwin, seconded by Humphrey, deleting the requirement ALIMAGNET for construction of an eight-foot wide bituminous pathway LANDING PATH along the lakeshore in the Alimagnet Landing subdivision. Brad Blackett, 457 Reflection Road, said he is in favor of installing the pathway. If this easement is lost, there would not be a possibility of pathways around Lake Alimagnet and connecting to Reflection Road. He commented on previous commitments to a pathway when apartments were proposed. He asked about access to a dike on the west side of the property and whether the City will maintain it so it has control ~f the lake level. He also commented on the existence of uncapped wells on the property. Councilmember Humphrey asked about the location of uncapped wells? Mr. Miranowskt said he is not aware that there were wells on the site. He has not received information from the County yet that a permit has been requested to cap them. If there are wells, the developer is required to take care of them. Mr. Kelley noted the location of the existing path providing access to the park from Holyoke Lane. He said the City will have a drainage easement over the backs of the lots to control the storm pond. Shoreland zoning prohibits clear cutting vegetation along the lakeshore. Councilmember Goodwin asked how this could be enforced? Mr. Kelley said it is in the zoning ordinance, but specific information may have to be made available to homeowners. Robert Speed, of RCS Associates, the developer, said they are aware of lakeshore requirements and have no intention of changing the shoreline or dike, but will do some cleanup. In preliminary grading, they have done down as far as 26 feet on some lots, to remove bad soil, and did not encounter any wells. CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 6 Vote was taken on the motion. Ayes 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-209 approving the final plat and subdivision agreement for Alimagnet Landing, with cash of $18,440.00 in lieu of land for park dedication, and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. RES. 1994-209 ALIMAGNET LNDG FINAL PLAT Acting Mayor Sterling called the hearing to order at 9:05 p.m. to PUBLIC HEARING consider vacating a pathway easement along the west side of Alimagnet PATHWAY EASMT. Landing and noted receipt of the affidavit of publication of the hear- VACATION ing notice. Mr. Kelley reviewed the location of the easement and said the Department of Natural Resources has reviewed the site and has no objection to the vacation. The Acting Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 9:06 p.m. Mr. Gretz said the City Attorney advises that completion of vacation of an easement requires approval by a 4/5 majority vote of the Council. Completion of the vacation will be scheduled for consideration at the next meeting when all members will be present. Mr. Hickok reviewed the proposed Cedarwick development, located at CEDARWICK the southwest corner of 138th Street and Cedar Avenue. The request PROPOSAL is consistent with the zoning; two single family lots, six duplex units and 42 townhomes. The original proposal provided for 48 percent green space and it has been revised to 60 percent green space. The developer has revised the building plans to comply with the 50 percent brick requirement. Glen Van Wormer, the City's traffic consultant, was present to review his report, dated June 9, 1994, on the traffic impact of the proposed development. It shows Cedarwick would generate 392 trips per day and full development of the property to the south would add 315 trips per day. Cedarwick would add about 100 trips per day on Pennock north of 138th Street and 120 trips south of 138th Street. All the statistics were generated using the assumption that 139th Street would not be connected to Cedar Avenue. Councilmember Goodwin asked what the traffic counts were on Pennock Avenue. Mr. Hickok said Pennock showed about 2,500 trips per day before Guild Avenue and County Road 38 opened. Traffic is much less, but he did not have information on current counts. Councilmember Goodwtn asked what is proposed for 139th Street? Mr. Gretz said the County advised that it will not approve an access to Cedar until the median at 139th Street is closed. It would then allow only right turns in and out from both east and west 139th Street to Cedar. Acting Mayor Sterling asked how many cars per day use the intersection now? Mr. Hickok said he did not have that number and the County has said it up to the City to initiate closing the median. CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 7 Councilmember Humphrey asked if the connection of 139th Street to Cedar could be constructed now and assessments en the property to the south deferred until it develops? Mr. Gretz said it could be done, but the right-of-way would still have to be acquired. Acting Mayor Sterling asked if the two single family lots proposed are appropri- ate and what type of homes will be built? Forest Harstad, the developer, said what the market will bear is the type of home that will be built. He would prefer a duplex on those two lots, but the neighborhood prefers single family. Gerald Ross, 7740 - 139th Court, said his home is opposite these two lots with a $200,000 value. These would have homes in the $80,000 range. Mr. Harstad commented on the duplex and townhome sizes and said they expect the interior units to sell for $90,000 and the outside units for $10,000 to $15,000 more. Kari Dusich, 13920 Granada Court, commented on conflicting information and said there is still an issue with 139th Street. She questioned the traffic study data and safety issues especially with traffic on Pennock between 138th and 140th Streets. She questioned the compatibility of the development with the neighborhood and suggested a park would be the best use. She also expressed concerned about future development of the Calistro property to the south. Councilmember Goodwin said he agrees traffic on Pennock is a concern and he would like to know what the existing traffic counts are. Alice Thomas,' 13960 Granada Court, said she has spoken with Mrs. Calistro and she does not want 139th Street constructed on her property. They want to keep the two single family lots shown and not an additional duplex. Bernie Dusich, 13920 Granada Court, said the proposal should not be considered before a determination on 139th Street is mads. He questioned emergency vehicle access without 139th Street. Jim Mahan, 7890 Lower 138th Court, said he doesn't understand the urgeg~y to act on the request when the Council does not have all the information on traffic.~ The 139th Street issue should be resolyed first. A resident of Pennock Avenue asked to have the traffic study include the Pennock Avenue area north of 138th Street. MOTION: of Humphrey, seconded by Goodwln, directing the City Engineer to prepare a preliminary report on completion of 139th Street west of Cedar, to connect between 138th Street and Cedar Avenue, including traffic implications on the Cedar/139th intersection by closing the median, and traffic count information on Pennock Avenue. PRELIM. REPORT 139TH STREET WEST OF CEDAR Dallas Karl, 13985 Granada Court, said any traffic study should include an understanding the more traffic will back up more vehicles at the four-way stop on 140th and Pennock. CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 8 JoAnn Shook, 13845 Pennock Avenue, expressed concern that closing the median on Cedar at 139th Street will force all the traffic onto 138th Street. Chris Conroy, 7735 - 139th Court, said there are school bus stops on Pennock. If traffic counts are taken now, the data will not accurately reflect the school bus traffic. Mr. Van Wormer said past counts would give some indication of school affects which could be estimated. Vote was taken on the motion. Ayes - 3 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, tabling consideration of the proposed Cedarwick development until results of the traffic study on Pennock Avenue are available, July 14, 1994. Ayes - 3 - Nays - 0. TABLE CEDARWICK Robert Russek, of Bonestroo, Rosene, Anderlik & Associates, reviewed ICE ARENA plans for the second sheet of olympic size ice to be constructed ADDITION adjacent to the existing arena at Apple Valley High School. Acting Mayor Sterling asked what will happen if the bids come in higher than budgeted? Mr. Gretz said bids will be received before bonds are issued. If the bids are higher than anticipated, other methods of funding will have to be considered. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-210 approving plans and specifications for the Ice Arena Addition at Apple Valley High School and authorizing advertising for bids to be received at 2:00 p.m. on August 10, 1994. Ayes - 3 - Nays - O. RES. 1994-210 TAKE BIDS ARENA ADDITION Mr. Kelley reviewed the Planning Commission recommendation on the COMP. PLAN Comprehensive Plan Amendment adding a Master Electrical Transmission UTILITY CHAP. System Plan to the Utility Chapter. Among other provisions, it allows for an overhead electric transmission corridor along Johnny Cake Ridge Road from County Road 42 to 140th Street. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-211 submitting an Amendment to the Comprehensive Plan adding a Master Elecrical Transmission System Plan to the Utility Chapter to the Metropolitan Council as recommended by the Planning Commission. RES. 1994-211 UTILITY CHAP. PLAN AMENDMEN% Dave Ericksmoen, representing North Star Concrete and Venstar, was present and said they only begage aware of the proposal a month ago and would like a little more time to resp6nd. A substation is proposed for their property and they would like more information on possible health hazards and potential restriction of property use by the overhead lines. They believe the substation could be workable on the site, but it might need to be moved farther west from Johnny Cake Ridge Road. CITY OF APPLE VALLEY Dakota County, Minnesota June 30, 1994 Page 9 Will Call, of Cooperative Power, was present and said they have recently talked with Mr. Ericksmoen about the concerns and believe they can continue to meet and resolve the issues. Vote was taken on the motion. Ayes - 3 - Nays - 0. Mr. Kelley reviewed the Planning Commission recommendation on the pro- EASTVIEW PARK proposed Comprehensive Plan Amendment for the MeNamara property at EXPANSION 140th Street and Johnny Cake Ridge Road. The property was purchased by the City for athletic field and park purposes and a portion of the northeast corner of the site could be used for an electric substation. MOTION: of Goodwtn, seconded by Humphrey, adopting Resolution No. 1994-212 submitting an Amendment to the Land Use Map of the Comprehensive Plan by changing the use on property south of 140th Street and west of Johnny Cake Ridge Road from MD, LI and LB to PK as recommended by the Planning Commission. Ayes - 3 - Nays - 0. RES. 1994-212 ATHLETIC FIELD COMP. PLAN AMENDMENT Councilmember Humphrey commented on the status of the Police Chief POLICE CHIEF recruitment process outlined in the Personnel Director's memo dated RECRUITMENT June 30, 1994. He noted candidates will be meeting with the Police Department on July 14th, 1994. He asked that it be made clear that this is for candidates to get a feel for the Department and not be interviewed by other employees. MOTION: of Humphrey, seconded by Goodwin, adding Tim Ramacher, Mounds View Police Chief; to the Police Chief candidate screening committee which will then also include Joy Rikala, U of M Police Chief; Robert Lutz, Bloomington Police Chief, Mike Molenda; John Gretz; and Lynn Boland. Ayes - 3 - Nays - 0. POLICE CHIEF SCREENING COMMITTEE CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, check registers dated June 23, 1994, in the amount of $432,001.63; and June 30, 1994, in the amount of $1,093,719.43. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 11:48 o'clock p.m.