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HomeMy WebLinkAbout07/18/1991CITY OF APPLE VALLEY Dakota County, Minnesota July 18, 1991 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 18th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Muetler, City Attorney Sheldon, City Attorney Dougherty, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Associate Planner McMonigal, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:14 p.m. He stated the purpose of the meeting is to consider an application from Mathias Fischer for an excavation permit on property at the northeast corner of 140th Street and Galaxie Avenue. Mr. Welsch reviewed the request, as described in his memo dated July 16, 1991. A total of 750,000 cubic yards of material will be moved; 250,000 cubic yards of it will be removed from the site. The request is revised from what was presented July 11, 1991, and includes grading on the Snyder property (Lot 7, Block 7, Greenleaf 1st Addition) but not the Thorne property. This excavation permit is separate from grading in connection with the plat which has been reviewed by the Planning Commission. It is excavation prior to the platting process and the excavation permit would expire December 31, 1991, and would be superseded by grading allowed as part of the platting process when it is approved. Mayor Holton asked if there isn't usually a preliminary plat before an excavating permit is considered. Since the Planning Commission has reviewed the plat, it should be considered instead. Mr. Welsch said that is generally the procedure, but the Subdivision Section of the Code allows excavation permits as a possible procedure. Councilmember Erickson asked how the material being removed will be used? Jerry Brill, representing Mr. Fischer, was present and said it will be moved to the existing sand and gravel operation, to the east, and combined with that material. Mr. Welsch noted that the eastern portion of the property, adjoining the sand and gravel operation, is not zoned R-3. Councilmember Erickson questioned conflict with the zoning ordinance, which requires commercial sand and gravel operations to be in sand and gravel zones, and whether this would allow anyone to buy property, under the guise of development, and mine gravel. CITY OF APPLE VALLEY Dakota County, Minnesota July 18, 1991 Page 2 Councilmember Humphrey said it is common, in development, to remove excess material; black dirt, fill, etc., and replace it. What's there is there, and must be disposed of in some manner to match surrounding grades. Mr. Sheldon said the City has generally treated plat applications and the necessary grading as part of the development process. Huntington is a recent example. The contractor used a "borrow pit" for road base material on other projects and refilled the area. Councilmember Goodwin asked what the City's rights are if the permit is approved and the conditions are not complied with? Mr. Sheldon said there is a financial guarantee requirement and a $100,000 bond is proposed. It would be expected that the City could collect on it to complete the restoration if needed. If $100,000 does not cover the cost, the Gity would sue for the balance. Mayor Holton the neighborhood's concerns are that the excavation will not be completed in a timely manner and will be extended for another year. Mr. Fischer told him that only 150,000 cubic yards of material can be removed by December 31, 1991. Mr. Brill said that's removing under the excavation permit. They plan to have the property finish graded and completed by December 31, 1992. If they do not complete it, the City would have legal remedies. Mayor Holton said he questions whether it's mining or development. The preliminary plat should be approved and allow the grades to go to that level only. Mining has not then been allowed and it is true development. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-159 approving the preliminary plat of Fischer's First Addition, located at the northeast corner of 140th Street and Galaxie Avenue, with conditions as recommended by the Planning Commission, and directing preparation of a subdivision agreement. RES. 1991-159 FISCHER'S 1ST ADDITION PRELIM. PLAT Mr. Sheldon noted that preliminary plat approval is valid for a two-year period and the Council may want to discuss the grading and staging plan separately. Mr. Brill said if they will not be allowed to grade below the grades shown on the plat, they will not agree. The revised plan raised the grade of the road by about 10 feet and eliminates the need for a retaining wall on the Snyder property. The Council reviewed the 10 conditions listed in the draft resolution and noted that number 6, concerning removal of sidewalk on Fairlawn and Franchise Avenues, could be addressed in the subdivision agreement when the final plat is considered. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 18, 1991 Page 3 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-160 authorizing issuance of an excavation permit to Mathias Fischer, om property being platted as Fischer's First Addition, with 15 conditions as listed, including allowing excavation no deeper than 10 feet below the grades shown on the preliminary plat and, at a maximum, no lower than the elevation of 140th Street on the eastern portion of the property. RES. 1991-160 FISCHER'S 1ST EXCAVATION PERMIT The Council reviewed the conditions listed and clarified that phase one consists of Lots 27 to 41, on the eastern portion of the property. The property will be restored to finish grades by December 31, 1992, and a vegetative cover reestablished by June 15, 1993. Compliance with PtA standards for noise and dust control is required. No earthmoving will be allowed when constant wind velocity exceeds 30 miles per hour and a measurement gauge will be installed at the Central Maintenance Facility. A $250,000 financial guarantee (performance bond) is required. Mayor Holton said he still has a philosophical problem with whether it is mining or development. Councilmember Coodwin said it can be compared to what any other developer of homes would do; how much excavation is needed to get to the final grade and for installation of utilities. Councilmember Humphrey said an agreement, with a financial guarantee, has been drafted and it should not be a problem to allow them to proceed. The grades on the property need to be changed to develop it. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:30 o'clock p.m.