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HomeMy WebLinkAbout07/11/1991CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 11th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin (attended at 8:08 p.m.), Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton 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 Humphrey, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA The Mayor asked if any one was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Richard Ruth, PETITION FOR 14030 - 140th Court, presented a copy of a petition, for information COUNTY ROAD 38 purposes, from residents in the area of 140th Street, supporting com- pletion of County Road 38 between Cedar and County Road 11. Mr. Ruth said the petition will be presented to the County Board at its meeting on July 23, 1991. (Councilmember Goodwin attended at this time.) Councilmember Humphrey, as a member of the public, informed the Council SPECIAL that during the International Special Olympics being held in the Twin OLYMPICS Cities, Apple Valley is hosting the athletes from Venezuela. He pre- sented "Cheer Team" T-shirts to the Council and encouraged them to wear the shirts and attend the events. Brian Bates, 12610 Edinborough Circle, commented on the speed bumps 126TH STREET/ installed on 126th Street/Diamond Path and expressed concern about DIAMOND PATH slowing emergency vehicle access to their area. He asked the Council SPEED BUMPS to eliminate them or reduce the number and said he understands it will be discussed at the July 25th meeting. The Mayor thanked him for his input, but no action was being considered at this time. Earl Vraa, developer if Hearthstone, expressed appreciation to the TREE PRESERVA- Council for the assistance City Staff has given him during the devel- TION ENFORCEMT opment process. He also said he has been having problems with some of HEARTHSTONE the building contractors and would appreciate stricter enforcement of the tree preservation ordinance. He will be in contact with the City Forester for assistance. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1991 Page 2 MOTION: of Goodwin, seconded by Humphrey, amending the speed limit study request to include all of Galaxie Avenue and approv- ing all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of June 20th, 1991, with a correction of the vote on a motion on page 8. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey adopting Resolution No. 1991-144 accepting, with thanks, the donation of a 1981 Toyota from Julia E. Banta to the Fire Department for use in training drills. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving extension of the preliminary plat approval for Galles Addition for one year, until October 26, 1991. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, approving a letter of modification to the First-Time Homebuyer Program allowing the Minnesota Housing Finance Agency to administratively increase the maximum housing price from $97,650 to $97,840. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, granting a setback vari- ance for a house addition at 8465 West 142nd Street (Lot 13, Block 1, Timberwick 1st Addition) to allow construc- tion to within 19.5 feet of the rear lot line, as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving an amendment to the Contract with Dakota County for Solid Waste Abatement to accept reimbursement of $4,995.00 for 100 compost bins and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-145 awarding the contract for Liquor Store No. 2 Interior Remodeling to Fendler Construction, the low bidder, in the amount of $52,110.00 and approving Change Order G-l, adding $1,043.00, for a revised total contract of $53,153.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, receiving and approving the ALF Ambulance 1992 budget with Apple Valley's subsidy of $33,474.00. Ayes - 5 - Nays - O. CONSENT AGENDA JULY 20, 1991 MINUTES RES. 1991-144 FIRE DONATION GALLES ADDN. PRELIM. PlAT MODIFY FIRST- TIME MOMEBUYER PROGRAM VARIANCE LOT 13, BLK 1 TIMBERWICK 1ST AMEND COUNTY SOLID WASTE J.P. AGREEMENT RES. 1991-145 AWARD CONTRAGT LIQ 2 INTERIOR REMODELING 1992 ALF BUDGET CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1991 Page 3 MOTION: of Goodwin, seconded by Humphrey, authorizing expenditure of $5,000, as part of Project 89-321, for installation of curbing for Big Apple Mall/Permock Plaza; and expenditure of $8,000, as part of Project 91-363, for alley overlay between 147th and 149th Streets. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-146 requesting the Minnesota Commissioner of Highways to have speed limit studies conducted on: Galaxie Avenue from 157th Street to Eagan; Johnny Cake Ridge Road from CR 42 to Eagan; and 140th Street from CR 33 to CR 11. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the Black Dog Water Management Commission 1992 Budget with Apple Valley's contribution of $5,094.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving an application to the Small Business Administration Natural Resources Development Program for a boulevard tree planting program grant of $5,000 with matching funds from the Utility Department of $15,000. Ayes - 5 - Nays.- 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 2 to the contact with McNamara Contracting for Project 90-350, Falcon Ridge Improvements, in the amount of an additional $1,867.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with Imperial Developers for Project 91-366, Police Outdoor Firing Range, in the amount of an additional $3;175.70. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 2 to the contract with Imperial Developers for Project 91-366, Police Outdoor Firing Range, extending the completion date to July 15, 1991. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Project 90- 350, Falcon Ridge Improvements, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $9,609.98. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving a 1991 Precious Metal Dealer License for Christian L. Grubb at Apple Valley Jewelers, 14810 Granada Avenue. Ayes - 5 - Nays - 0. RING ROUTE COMPLETION BIG APPLE MALL RES. 1991-146 REQUEST SPEED LIMIT STUDIES 1992 BLACK DOG WMO BUDGET FORESTATION GRANT APP. CHANGE ORDER 2 PROJ. 90-350 CHANGE ORDER 1 PROJ. 91-366 CHANGE ORDER 2 PROJ. 91-366 FINAL PAYMENT PROJ. 90-350 PRECIOUS METAL DEALER LICENSE CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1991 Page 4 MOTION: of Goodwin, seconded by Humphrey, approving issuance of temporary on-sale liquor licenses by Minnesota Liquor Control for the Minnesota Zoological Garden on August 14 and 21 and October 10, 12, 19 and 26, 1991. Ayes - 5 - Nays - 0. ZOO TEMPORARY LIO. LICENSES MOTION: of Goodwin, seconded by Humphrey, approving promotion of Patrick Gordon to the position of Technical Specialist Utilities effective July 12, 1991. Ayes - 5 - Nays - 0. PROMOTE GORDON TECH. SPEC. MOTION: of Goodwin, seconded by Humphrey, approving hiring Linda L. Mullen for the position of fulltime Maintenance I Meter Reader, effective July 11, 1991, at an annual salary of $18,720. Ayes - 5 ~ Nays - 0. HIRE MULLEN METER READER HIRE SEASONAL EMPLOYEE MOTION: of Goodwin, seconded by Humphrey, approving hiring the seasonal employee as listed in the Personnel Director's memo of July 11, 1991. Ayes - 5 - Nays - O. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:14 p.m. on 1991 PUBLIC HEARI} Special Assessment Rolls 297 (Hearthstone) and 298 (Traffic Signal ASSESSMENTS at 153rd and Target/Cub) and noted receipt of the affidavit of publi- 297 & 298 cation of the hearing notice. The City Clerk reviewed the Assessment Rolls and advised the Council that corrections were recommended; reducing Roll 297 by $713.00, for a revised amount of $368,745.00 and increasing Roll 298 by $382.00, for a revised amount of $93,891.00. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:15 p.m. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-147 approving 1991 Special Assessment Rolls No. 297 and 298, totaling $462,636.00, and certifying them to the County Auditor for collection with property taxes beginning in 1992. Ayes - 5 ~ Nays - 0. RES. 1991-147 APPROVE ASSMT. 297 & 298 Mr. Kelley reviewed the Planning Commission report on the proposed PILOT KNOB Pilot Knob Estates 7th Addition, located east of Pilot Knob Road ESTATES 7TH between Essex Avenue and 144th Street. The site was originally ADDITION planned for apartments, but 152 units of townhouses in 13 buildings are now proposed. He reviewed options for access to Embry Path and "Option 3", with the access farthest south, is recommended. Variances to the density and for setbacks are also recommended. The Fire Marshal suggested turn-arounds be provided for emergency vehicles at the ends of those driveways which are not looped. This is not included in the report and if they are included would reduce the amount of green space. CITY OF APPLE VALLEY Dakota County, Mirmesota July 11, 1991 Page 5 Mayor Holton asked if the turn-arounds are needed for snow removal? Mr. Kelley said these will be 24-foot wide private streets and usually four-wheel drive pickups are used which do not need the turn-arounds. One concern, where these turn-arounds are seldom used by vehicles, it that they become parking areas. He reviewed the common parking areas provided in the development. Councilmember Humphrey asked if boats, trailers, etc., will be allowed to be parked in the common areas? Elaine Wensmann, the developer, was present and said the townhouse association regulations prohibit those kinds of vehicles and allow cars only. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-148 approving the preliminary plat of Pilot Knob Estates 7th Addition, as recommended by the Planning Commission, and revised as shown on "Map 3" without turn- arounds, and directing preparation of a subdivision agreement with variance for a density of 11.2 units per acre. Ayes - 5 - Nays - 0. RES. 1991-148 PILOT KNOB ESTATES 7TH PRELIM. PLAT MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-149 authorizing issuance of building permits for Pilot Knob Estates 7th Addition, as recommended by the Planning Commission, and granting setback variances consistent with "C" category zoning. Ayes - 5 - Hays - 0. RES. 1991-149 PILOT KNOB ESTATES 7TH BLDG. PERMITS PRELIM. REPORT PILOT KNOB ESTATES 7TH MOTION: of Sterling, seconded by Goodwin, directing the Engineer to prepare a preliminary feasibility report for improve- ments to serve Pilot Knob Estates 7th Addition. Ayes - 5 - Nays - 0. Mr. Wetsch reviewed the Planning Commission report on expanded motor PAUL'S UNION fuel sales and car wash facilities at Paul's Union 76 located at the 76 MOTOR FUEL northwest corner of 147th Street and Cedar Avenue. Variances for & CAR WASH CUP the pump island canopy and reduction of green space for additional parking are requested and would facilitate movement of vehicles on the site. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-150 approving a conditional use permit for expanded car wash operations and motor fuel and propane sales for Paul's Union 76 on part of Lot 4, Block 3, Valley Commercial Park 1st Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1991-150 PAUL'S UNION 76 MOTOR FUEL & CAR WASH CUP RES. 1991-151 PAUL'S UNION 76 BLDG PERMIT & VARIANCES MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-151 authorizing issuance of a building permit for Paul's Union 76 remodeling on part of Lot 4, Block 3, Valley Commercial Park 1st Addition, and granting setback variances for the canopy and parking as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1991 Page 6 Consideration of an ordinance amending accessory storage building maintenance standards was tabled until July 25, 1991. ACCESSORY BLDG STANDARDS Mr. Welsch reviewed a proposed ordinance which would limits the amount of time residents or their guests can live in a recreational vehicle. It was originally reviewed by the Urban Affairs Committee and the Planning Commission has conducted the necessary public hearing. HOUSEKEEPING IN R.V.'S MOTION: of Erickson, seconded by Goodwin, passing an ordinance amending City Code Sections Al-3 and Al-61 by restricting temporary housekeeping in recreational vehicles and trailers to not more than 15 days per calendar year. ORDINANCE ON HOUSEKEEPING IN R.V,'S Councilmember Sterling asked if this prohibits longer term temporary occupancy in a situation where a house is being repaired due to fire damage, for example? Mr. Welsch said that is allowed and covered in a different section of the Code. The Council asked to review the other conditions in the Code before acting on this amendment. MOTION: of Humphrey, seconded by Sterling, tabling consideration TABLE of an ordinance concerning occupancy of recreational ORDINANCE vehicles until July 25, 1991. Ayes - 5 - Nays - 0. Mr. Melena reviewed the memo dated July 8, 1991, concerning sale of FIRST FEDERAL the old First Federal Savings & Loan building owned by the City. BLDG RELOCA%N Since moving it to the golf course was not completed this past winter; and it may not be usable for a warminghouse, senior center or bus shelter; a veterinarian is interested in purchasing it for an office building. MOTION: of Humphrey, seconded by Goodwin, authorizing Staff to negotiate with interested buyers for the sale of the old First Federal Savings & Loan building, restricting its relocation to the northeast quadrant of the intersection of County Road 42 and Cedar Avenue, as described in the memo dated July 8, 1991. NEGOTIATE SALE OLD FIRST FEDERAL BLDG, Councilmember Erickson asked how the value would be determined? Mr, Melena said, at a minimum, it would have to cover the cost of demolishing and removing the building. Vote was taken on the motion. Ayes - 5 - Nays - O, The Council received the Court of Appeals opinion on the Apple Valley A.V. SQUARE Square lawsuit upholding the lower Court's decision in favor of the LAWSUIT City. The matter related to zoning and tax increment financing for the Southport Centre project. Mr. Sheldon advised that Apple Valley Square has until August 1, 1991, to petition for Supreme Court review or the matter will be closed. CITY OF APPLE VALLEY Dakota County, Minnesota JuLy 11, 1991 Page 7 Mr. Melena reviewed the memo dated July 11, 1991, concerning Apple Ponds 3rd Addition on which the preliminary plat was approved May 23, 1991. The developer now believes it will be able to accomplish the underground utility line installation along Galaxie Avenue and is ready to proceed. APPLE PONDS 3RD ADDITION RES. 1991-152 APPLE POND 3RD FINAL PLAT RES. 1991-153 APPLE POND 3RD PLAT WAIVER RES. 1991-154 APPLE POND 3RD ORDER IMPROVE. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-152 approving the final plat and subdivision agreement for Apple Ponds 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-153 approving a temporary waiver of platting for Apple Ponds 3rd Addition to allow transfer of title to the property, on a metes and bounds description basis, prior to filing the final plat. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-154 ordering installation of Project 91-370, Apple Ponds 3rd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-155 directing the City Engineer to prepare plans and specifications for Project 91-370. Ayes - 5 - Nays - 0. RES. 1991-153 APPLE POND 3RD PLANS & SPECS. Mr. Kelley reviewed his memo dated July 11, 1991, concerning an amend- WHITNEY PINES merit to the regulatory agreement for Whitney Pines Apartments which AMENDMENT would allow the owner to operate as a limited dividend entity. Since the project was originally financed with tax exempt 462C mortgage revenue bonds, City approval is required for this modification. MOTION: of Humphrey, seconded by Goodwin, approving the First Amendment to Regulatory Agreement for Whitney Pines Apartments, related to limited dividend entity operation, and authorizing the Mayor and Clerk to sign the same, subject to receipt of formal consent from the bond trustee and FNMA, and approval by the City Attorney. Ayes - 5 - Nays ~ O. WHITNEY PINES REGULATORY AGREEMENT AMENDMENT Jerry Brill, representing Fischer Sand & Aggregate, submitted a formal FISCHER/ application, to the Mayor, for an excavation permit on property located ADELMANN in the northeast corner of 140th Street and Galaxie Avenue. Mr. Brill EXCAVATION said there is a difference of opinion as to whether they need the PERMIT permit, but rather than force the issue, they are trying to fit into City ordinances. A preliminary plat, on the property, has been submitted and is before the Planning Commission. Because time is important, they want to proceed with excavation. They have talked about constructing a golf course on property to the east and intend to put it in as part of the final plan. Some of the course could be on this property which would require a change to the preliminary plat. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1991 Page 8 Mr. Brill said the application states they have agreement from Richard and Ramona Snyder and Tom and Call Thorne to excavate on their property. They do not have an agreement with the Snyders, but they have signed easements from the Thornes, However, he asked the Council for contingent approval at this time so the excavation can proceed. Mayor Holton said he and Councilmember Humphrey have each had conversations with Mr. Brill but the other Councilmembers are not aware of the request. Several versions of the application have been sent back and forth and this version was just presented this afternoon. Councilmember Erickson questioned approving something he has not seen yet and Councilmember Sterling agreed it was unfair for Mr. Brill to make such a request. Mayor Holton said the request would need further review with Staff. Mr. Melena said Staff received a fax of the draft application on Tuesday and received the application on the City form by fax today. Staff has some concerns with the application including the fact that not all of the signatures are on the application. The Mayor said he would also like the Planning Commission to review and comment on the application; which could be done at its July 17th meeting along with the preliminary plat. The Council could then hold a special meeting on July 18th to consider the application. Mr. Brill asked what information the Council would like? Councilmember Humphrey said dates on the Snyder property grading and easement agreement, The Mayor said limits of grading on the Snyder property are not shown; marking of mature trees and some assurances that the tree line separating the residential area will be kept until the last possible moment; dust control measure; and bond information. MOTION: of Humphrey, seconded by Sterling, receiving the Fischer application for an excavation permit on property at the northeast corner of 140th Street and Galaxie Avenue; referring it to the Planning Commission for review and comment on July 17, 1991; and setting a special meeting at 8:00 p.m. on July 18, 1991, to consider it subject to pe- titioner working with Staff to address the issues raised. SET SPECIAL MEETING ON EXCAVATION PERMIT Councilmember Sterling asked that the Council receive information on the application to review prior to the meeting, Mr. Brill agreed that all information would be submitted to the City no later than 4:30 p.m, on July 16, 1991, so it can be delivered to the Planning Commission and Council. Councilmember Erickson noted that if it is not received by that time he would not be willing to consider it on July 18th. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 11, 1991 Page 9 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-156 designating Councilmember Humphrey as liaison to the Apple Valley Chamber of Commerce Economic Development Committee. Ayes - 5 - Nays - 0. RES. 1991-156 CHAMBER ECON. DEV. LIAISON Councilmember Sterling asked the Council to consider installation of T.H. 77 a portion of pathway along the north side of T.H. 77; the approxi- PATHWAY mately 550 feet between Galaxie Avenue and Foliage Avenue; to provide access to the park this year. This was discussed at the June 20th meeting for inclusion in the 1992 budget. MOTION: of Humphrey, seconded by Goodwin, authorizing installation of pathway along the north side of T.H. 77, between Galaxie and Foliage Avenues, with funding from the street overlay project, and directing preparation of a change order for installation of the pathway this year. Ayes - 5 - Nays - 0. INSTALL PART OF T.H. 77 PATHWAY AIRPORT SITE Councilmember Erickson asked that the Council discuss the airport siting issue at the July 18, 1991, meeting. Mayor Holton noted that the outdoor siren warning system was used USE OF SIREN July 4th to announce a reminder about the parade route change. He WARNING SYSTEM was informed by individuals living near the sirens that this was not a good idea and the noise level was unacceptable. Councilmember Erickson said that since Dakota County uses the sirens for thunderstorm warnings, over use for non-emergency purposes could lead to the sirens being ignored by residents. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-157 establishing a policy that the City's outdoor siren warning system be activated for emergency purposes only. Ayes - 5 - Nays - 0. MOTION:of Sterling, seconded by Goodwin, adopting Resolution No. 1991-158 commending the 4th of July Committee and Parks & Recreation Department Staff for their work on the 1991 celebration and parade. Ayes - 5 - Nays - 0. RES. 1991-157 SIREN USE POLICY RES. 1991-1584 COMMEND JULY 4TH COMMITTEE MUD MANIA CLAIMS & BILLS Randy Johnson distributed a brochure on the 7th Annual "Mud Mania" being held July 20, 199t, at Scott Park. He also invited the Council- members to participate in a volleyball challenge match at 7:00 p.m. MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check register dated June 26, 1991, totaling $1,862,210.51; check register dated July 3, 1991, totaling $1,477,703.36; and check register dated July 10, 1991, totaling $4,221,054.75. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:01 o'clock p.m.