Loading...
HomeMy WebLinkAbout07/05/1994CITY OF APPLE VALLEY Dakota County, Minnesota July 5, 1994 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 5, 1994, at 1:00 p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Gouncilmembers Goodwin, Humphrey, and Sterling. ABSENT: Councilmember Erickson. City staff members present were: City Attorney Sheldon, City Engineer Gordon, Community Development Director Kelley, Public Works Director Miranowski, and Deputy City Clerk Finger. Mayor Branning called the meeting to order at 1:05 p.m. The Mayor announced the agenda for the meeting would be the sale of General Obligation bonds and consideration of the Cedarwick project. Steve Mattson, of Juran and Moody, the City's financial consultant, discussed the sale of $4,465,000 General Obligation Bonds in a negotiated sale to Juran and Moody. Mr. Mattson explained that due to fluctuations in the current bond market, the negotiated sale to Juran and Moody was the City's best option. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-213 accepting the negotiated sale of $4,465,000 General Obligation Bonds of 1994 at a net interest rate of 5.714 percent, to Juran and Moody, and providing for issuance of the bonds. Ayes - 4 - Nays - 0. RES. 1994-213 AWARD SALE $4,465,000 G.O. BONDS CEDARWICK DEVELOPMENT MOTION: of Sterling, seconded by Branning, to remove from the table the Cedarwick development request which was tabled at the June 30, 1994, meeting. Councilmember Goodwin stated his understanding of the reasons to table consid- eration of the project as due to questions regarding 1) traffic counts and the effect of increased traffic in the neighborhood, and 2) zoning questions regard- ing comparable values and the City's policy of zoning single family abutting single family structures and townhouses abutting townhouses. Glen VanWormer, the City's traffic consultant, provided traffic counts on Pennock Avenue for 1994 showing 1,175 trips per day south of 138th Street and 1,570 trips per day north of 140th Street. The Cedarwtck development is expected to add approximately 80 trips per day south of 138th Street and from 20-40 trips per day north of 140th Street. These numbers are lower than those in counts taken in 1987, and well below the 3,000 trips per day the streets are designed to carry. Keith Gordon, City engineer, stated Pennock Avenue is of a typical residential street design with a 30 MPH speed limit, except for the S-curves. MOTION: by Humphrey to call the question. Vote was taken on the original motion. Ayes - 3 - Nays - 1 (Goodwtn). CITY OF APPLE VALLEY Dakota County, Minnesota July 5, 1994 Page 2 MOTION: of Humphrey, seconded by Branning, adopting Resolution No. 1994-214 approving the preliminary plat of Cedarwick Town- homes with conditions as recommended by the Planning Commis- sion and directing preparation of a subdivision agreement. RES. 1994-214 CEDARWICK TOWNHOMES PRELIM PLAT Branning stated he had received a call from the developer of this property saying a delay of consideration to July 14 would cause cancellation of the project and since the information which was not available on Thursday night was now avail- able, he saw no reason to delay acting on the petition. A resident of the area addressed the Council objecting to the meeting being held during the day and the day following a holiday. She noted that the hearing be- fore the Planning Commission had also been held following a holiday and residents came back into town to an unanticipated meeting. This meeting occurred under similar circumstances and it looks like the City is dealing in bad faith with surrounding property owners. E. Madryga, 13735 Pennock Avenue, stated his major concern with the project is the traffic. It is too fast on the S-curve portion of Pennock, traffic often crosses the center line in the area, and as a potential father, safety in the area is a concern for him. Karl Dusich, 13920 Granada Court, stated the neighborhood was looking to the Council for leadership and prevention. Traffic questions had not been answered at the previous meeting and what she wants is the best solution for everyone. Her concern was there is not enough time to be proactive, only reactive, to the situation, there was not enough input from both sides before decisions were made, and issues were not presented in a positive manner. She reiterated her desire for solution to be in everyone's best interest. Tom Phillips, 7880 Lower 139 Court, asked if the traffic counts included trips to and from school. Councilmember Goodwin stated that it appeared to him that traffic was not a prob- lem. The design capacity is for 3,000 trips from C.R. 38 to 138th Street and actual count is well below that number. Additionally, the development requires not re-zoning or variances. Councilmember Humphrey stated that traffic counts during the school year gener~ ally are lower than during the s,,mmer because people are not coming and going during the day. He also noted that the City has not control on the outlot. Those controls have to be part of the covenants for the development. Bernie Dusich, 13920 Granada Court, questioned when construction of 139th Street was anticipated and what kind of single family construction was planned for the single family lots. He objected to the "piecemeal" attention to the single fami- ly lots, siting a house that was built on 138th and Pennock that doesn't fit in with the surrounding houses. CITY OF APPLE VALLEY Dakota County, Minnesota July 5, 1994 Page 3 Councilmember Humphrey asked about the assessment for 139th Street since it is shown to be located entirely on the adjoining property. Staff responded 139th Street will be constructed when the property to the south is developed or when construction is directed by the City Council. Mayor Branning stated developments are considered as they come before the Council and until then, the City cannot take any action. Councilmember Goodwtn stated the City cannot demand a certain kind of construc- tion. The City controls zoning, but cannot say how large or how expensive a house must be. Councilmember Humphrey asked is it wasn't unfair to the south property owner to charge to whole cost of the road to that property. Keith Gordon said the cost should probably be shared by the two parcels. Councilmember Sterling asked about the depth of the single family lots and if they are wooded lots. Scott Hickok noted the depth of the lots ranges from 134' to 203' and they are wooded. MOTION: of Humphrey, seconded by Goodwin, to table reconsideration of this issue. Ayes - 2 - Nays - 2 (Branning, Sterling) Motion failed. TABLE MOTION RES. 1994-215 ISSUE BLDG PERMITS Vote was taken on the original motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-215 authorizing the City to issue building permits for the Gedarwick Townhouse development as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Scott Hickok stated that the townhouses meet the single family standards, accord- ing to State Building Code. In response to a question about upkeep of the outlot, Forest Harstad, the devel- oper, stated the buildings will be condominiums, not townhouses, therefore, all green space falls under common ownership. MOTION: of Humphrey, seconded by Goodwtn, adopting Resolution No. 1994-216 approving the site plan and conditional use permit for alternate siding material of vinyl, steel or aluminum, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1994-216 COND. USE PERMIT Scott Hickok stated that after a review'of surrounding structures, the develop- ment qualifies for alternate siding material. The developer stated that the siding to be used will be hollowback aluminum. CITY OF APPLE VALLEY Dakota County, Minnesota July 5, 1994 Page 4 MOTION: of Sterling, seconded by Goodwin, directing the City Engi- neer to prepare the preliminary report for installation of streets, utilities, and other improvements in the Cedarwick Townhomes development. Ayes - 4 - Nays - 0. PREPARE PRELIMINARY REPORT MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 2:25 p.m.