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HomeMy WebLinkAbout03/22/1990CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 22, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning, Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City Staff members present were: City Administrator Melena, Deputy City Clerk Moroni, City Attorney Sheldon, Public Works Director Gretz, Recreation Supervisor Quale, City Planner Kelley, Police Chief Rivers, Assistant to the City Administrator Weldon, Community Development Director Welsch, Finance Director Ballenger, Assistant Finance Director Eklund, Planning Intern Brinkhaus. 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. MOTION: of Holton, seconded by Goodwin, approving the agenda for tonight's meeting. Ayes - 5 - Nays - O. APPROVE AGENDA MAR. 8, 1990 MINUTES EMPLOYEE COMMENDATION AUDIENCE DISCN. MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of March 8, 1990 as written. Ayes - 5 - Nays - O. Mayor Branning presented employee Ronald D. Robb with a certificate of appreciation and awarded an engraved calculator for his outstand- ing efforts and contributions to the City of Apple Valley in the design and construction of a trailer for use at watermain breaks. 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 Holton, seconded by Humphrey, approving all items on CONSENT AGENDA the consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, approving 1990 Filling Station & Cigarette (over-the-counter) Licenses for A.C.A. Management, d/b/a Amoco, at 206 County Road #42. Ayes - 5 - Nays -'0. MOTION: of Holton, seconded by Humphrey, approving First Amendment to the Joint Powers Agreement between the City of Apple Valley and Dakota County for acquisition of Land for Public Use for the Dakota County Library and Western Service Center and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. AMOCO 1990 LICENSES GOVNMT CTR AGREEMENT AMENDMENT CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 2 MOTION: of Holton, seconded by Humphrey, approving Replacement Agreement of the Joint Powers Agreement between the City of Apple Valley and Dakota County for the Operation and Maintenance of a Public Library, Western Service Center Atrium, and Common Grounds and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving a Driveway Easement between the City of Apple Valley, and Times Square Shopping Center for part of Lot 4, Block 2, Valley Commercial Park 1st Addition. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-62 prohibiting parking on Downtown Ring Route Streets in accordance with Municipal State Aid Standards. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-63 authorizing the installation of stop signs at Hidden Meadow Road at Chaparral Drive and Sweetwater Drive at Chaparral Drive. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, authorizing staff to have an appraisal conducted of a 10 - 13 acre parcel for a recreation complex located S/E of the corner of the intersection of future 153rd Street and Galaxie Avenue in Section 34. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, directing the City Engi- neer to prepare a preliminary feasibility report to extend 153rd Street East of Galaxie Avenue. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-64, awarding the contract for Project 90-348, Wells #1 and #2 Repairs, to E.H. Renner, the low bidder, in the amount of $21,789.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-65, awarding the contract for Project 90-343, 1990 Street Maintenance and Parking Lot Project, to McNamara Construction Company, the low bidder, in the amount of $396,321.75. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-66, awarding the purchase of (1) Cab & Chassis with Dual Rear Wheels, (1) 4 X 4 Full-Size Utility Vehicle, and (1) Passenger Window Van, to Dave Thomas Valley Ford, the low bidder, in the amount of $38,279.00. Ayes - 5 - Nays - O. LIBRARY/ATRIUM MAINTENANCE AGREEMENT DRIVEWAY EASEMT VCP 1ST ADDN RES. 1990-62 NO PARKING RING ROUTE RES. 1990-63 STOP SIGNS PARK APPRAISAL 153RD & GALAXIE PRELIM. REPORT 153RD STREET RES. 1990-64 AWARD CONTRACT PROJ. 90-348 RES. 1990-65 AWARD CONTRACT PROJ. 90-343 RES. 1990-66 AWARD PURCHASE PARK VEHICLES CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 3 MOTION: of Holton, seconded by Humphrey, approving the Consultant Service Agreement with Cording-Natwick-Hilbert Architects, Inc. for architectural services on an as needed basis, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. CNH ARCHITECTS AGREEMENT RES. 1990-67 LIQUOR PROCEEDS FOR PARKS RES. 1990-68 SUPPORT 1-35W COUNCIL CHANGE ORDER 1 PROJ. 87-264 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-67, designating proceeds from liquor sales for support of parks and recreation programs. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-68, supporting the purpose and goals of the 1-35W Council. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving Change Order No. I to the contract with Albrecht Excavating, Inc. for Project 87-264, Huntington Utility Trunks, in the amount of an additional $11,550.30. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. RES. 1990-69 1990-69 establishing a policy on water and sewer bill adjust- WATER BILL ments, as described in the Public Works Director's memo ADJUSTMENT dated March 16, 1990. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving the use of unclaimed property for auction by various City departments as listed in the Police Chief's memo dated March 19, 1990. Ayes - 5 - Nays - O. USE OF UNCLAIMED PROPERTY PROMOTE NELSON LEAD DISPATCHER MOTION: of Holton, seconded by Humphrey, approving the promotion of Judith A. Nelson to the position lead dispatcher, in pay scale 4, effective March 26, 1990. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving a parental PARENTAL LEAVE leave of absence without pay for Khristine K. Strehlow STREHLOW from March 19, 1990 through May 19, 1990. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving hiring Nancy Jo Johnson, as a full-time Utility Maintenance Worker I, effective March 30, 1990. Ayes - 5 - Nays - O. HIRE JOHNSON UTILITY I HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Humphrey, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated March 22, 1990. Ayes - 5 - Nays - O. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 4 Mr. Welsch presented the request to rezone a seven acre parcel of land ULRICH FARM from its current designation of "A" to "M-6A" which would allow multi- LAND USE/ family housing of up to 12 units per acre. This item is being presented REZONING at this time in that it is one of the parcels that have conflicting land use and zoning designations. On March 24, 1990, Tom Melena and Mr. Welsch met with Roy and Irv Ulrich to discuss the options available for rezoning the site. The Ulrichs have requested that the site be designated at a high density land use on the Comprehensive Plan and that the zoning designation be that of "M-7A" which would allow up to 20 units per acre. Both "M-6A" and "M-7A" would allow for three story buildings. On February 21, 1990 the Planning Commission recom- mended a rezoning to "M-6A". Mayor Branning questioned if the Ulrichs were in attendance. They were not. No one was present to speak on this item. Mayor Branning advised that he has spoken with both of the Ulrich brothers. They have advised him that they see the "M-7A" zoning as the most advantageous to the City. Mr. Welsch responded by saying that the opportunity is always available for the Ulrich~s to come back to the Planning Commission and the City Council and request a zoning to "M-7A". At this time, the only option in rezoning is to the "M-6A" which was publicly advertised. In the future he does not foresee any problem, from the staff point of view, in 'increasing the density on this property when a specific proposal is available. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 477 rezoning the Ulrich property, north of C.R. #38 and east of C.R. #31, in Section 13, from "A" to "M-6A" as recommended by the Planning Commission. Ayes - 5 - Nays - O. ORDINANCE 477 REZONE ULRICH FARM Mr. Welsch presented the request to rezone the property located south RENDER DEV. of Trunk Highway #77 and west of Johnny Cake from "A" to "R-3" and REZONING reviewed the preliminary plat for this parcel. The parcel has direct PRELIM. PLAT access to Johnny Cake Ridge Road on the east and has a dedicated ease- ment in place for access to Finch Way on the southwest. The existing Comprehensive Plan designation is single family. The Planning Commission reviewed this request on March 7, 1990, and recommends approval of the rezoning and preliminary plat with a street configuration connecting Johnny Cake Ridge Road through to Finch Way. Sub- division is tentatively proposed to be called Falcon Ridge. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 478 rezoning the.Render Development property, west of Johnny Cake and north of Finch Way, in Section 23, from "A" to "R-3A" as recommended by the Planning Commission. ORDINANCE 478 REZONE RENDER DEVELOPMENT Council Member Holton questioned the proximity of the Church driveway to the north. Mr. Welsch explained that the Church driveway is an exit only, and the majority of the traffic from the Church occurs on Sunday. The same type of situation exists south of Grace Lutheran Church on Pennock and has not been a problem. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 5 Mr. Greg Zeno, 6105 W. 130th Street, expressed his concern over the straightness of the new street in that he feels that this will promote speeding. He asked the Council to consider combining this new street with the Church exit, thereby making a curve in the street-at the east end which would reduce the speed of the traffic. He stated this would be aesthetically desirable and there would not be a negative mix of traffic with the church. Councilmember Goodwin acknowledged a letter received from Mr. Zeno and said the City has found that curved streets do not necessarily reduce the speed of traffic. Councilmember Humphrey cited the Pennock Avenue curve as an instance of a problem, and the residents along this street feel the curve is a safety hazard. This will be a residential area, and the majority of traffic on this street will be local. Councilmember Savanick asked for clarification of the access to Finch Way. Mr. Sheldon explained that the City acquired the land for this access in the late 1970's as tax forfeited land. It was acquired on the basis of providing access when the land to the north developed. The portion of the property not used for access must be sent back to the County who will then send it back to the State for sale. If an adjoining property owner wants to purchase it at that time, they may purchase it from the State. The City may not, by law, offer the property for sale or use it for any other purpose than access. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of Render Development subject to the street alignment as shown in Alternate B as presented and recommended by the Planning Commission and directing staff to prepare a subdivi- sion agreement. Ayes - 5 - Nays - O. RENDER DEV. PRELIM. PlAT PREPARE PRELIM. ENG. REPORT MOTION: of Humphrey, seconded by Holton, directing the City Engineer to prepare a preliminary engineering report for public improvements to serve the Render Development property. Ayes - 5 - Nays - O. Mr. Kelley presented the petition of Kennedy Transmission for a building KENNEDY permit for remodeling the building on Lots 1,2,3, Block 6, Valley Comm. TRANSMISSION Park 2nd Addition. The proposal is for an interior remodeling and to REMODELING add in 2 overhead doors on the east side of the building, facing Cedar Avenue, for an automobile glass installation facility. Because a mezzanine exists on the west side of the building it is not unfeasible to install doors on the Glenda Avenue side. As part of the site plan review, the Planning Commission consulted with the City Forester regarding additional plantings for screening on the Cedar Avenue side and noted that there are two exposed trash dumpsters on the site. Regardless of action on the building permit, petitioner was advised that the City requires all trash dumpsters be kept within the building or be appropriately enclosed. The petitioner requested that they be allowed to relocate their current wood enclosure and was advised that it may be removed, but cannot be relocated. Any new enclosure must be constructed of masonry in compliance with the current City standards. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 6 The Planning Commission on March 7, 1990 recommended approval of the building permit subject to the landscaping requirements for screening. Staff also recom- mends making the permit conditional upon the construction of masonry dumpster enclosures which match the exterior of the building. Mayor Branning questioned if the petitioner was in the audience. He was not. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for remodeling the Kennedy Transmission building on Lots 1, 2, & 3, Block 6, Valley Commercial Park 2nd Addition, subject to landscape plantings as recommended by the Planning Commission. KENNEDY TRANSMISSION BLDG. PERMIT Councilmember Holton asked if a bond could be required to guarantee the installa- tion of the plantings and construction of the dumpster. Mr. Kelley advised that under City Ordinance it could be required by the Council. The dumpster enclosure is required regardless and it would be a misdemeanor if they do not comply. Councilmember Humphrey inquired about constructing a permanent masonry wall as a method of screening. Mr. Kelley said that this type of screening was not discussed by the Planning Commission. He further stated that this type of screening has been used to screen vehicles, but not necessarily overhead doors. Councilmember Humphrey addressed the issue current building signs as well as temporary mobile signs which are stored and used on the property. He feels the property is not in conformance with the current sign code. MOTION: of Humphrey, seconded by Savanick, amending the motion by making the building permit authorization subject to the recommendations of the Planning Commission with proper trash enclosures, and submittal of a formal sign plan for the building. AMEND MOTION Councilmember Savanick..questioned if all the uses in the building are currently in compliance, and what the zoned uses of the building are. Mr. Kelley replied that all of the current uses are appropriate for the designated "General Business" zone. Mayor Branning stated that the addition of overhead doors would not improve the buildings appearance. Councilmember Humphrey asked if allowingthese doors would be a variance to past policies and ordinance of the City restricting overhead doors from facing a major road. Mr. Kelley replied that the Ordinance addresses loading bays. These doors would not be considered loading bays. Mayor Branning said he disagrees with approving a building permit for a building that is currently not in conformance with the City's code for signage and storage. Vote taken on the amendment. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, tabling the Motion as TABLE MOTION amended, for two weeks. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 7 Mr. Gretz presented an update on the design of 132nd Street in the WHITE OAK White Oak Ridge Addition, Project 89-311. The principal design RIDGE STREET problem has been on the west end of the cul-de-sac where an existing ALIGNMENT driveway has a 20% grade, which leads down to a 12% grade. As an example, Butte Avenue which we close every winter is an 18% grade. After extensive review, it has been determined that a normal diameter cul-de-sac is impossible. As a result, staff is proposing a hammerhead design at the end of the street. This design results in alternate means for snow'removal, but is the safest for the property owners. This proposal deviates from past City policy, and the Council should review it for their approval. MOTION: of Humphrey, seconded by Holton, approving the final street 132ND CUL-DE design for Proj. 89-311, White Oak Ridge street and utility SAC DESIGN improvements, with a "hammerhead" cul-de-sac. Councilmember Savanick questioned if any of the driveways are paved or are the property owners planning on paving. Mr. Freuchtl said the property with the steepest grade is partially paved with concrete and the balance is gravel. The property owner has indicated that this proposal is acceptable to him. Councilmember Goodwin asked how long the cul-de-sac is. Mr. Freuchtl responded that the street length is 2200 feet from Pilot Knob Road. Councilmember Savanick asked if a street connection will be allowed for the Petter property to the north. Mayor Branning advised that when the Greenleaf Additions were platted the City did not allow for access to pick up the Nelson property. Councilmember Savanick inquired if there is a current outlot to Eveleth. Mr. Gretz replied "Yes" it exists in the Greenleaf plat but not in White Oak Ridge. It would need to be condemned or acquired and would most likely be resisted. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. RES. 1990-70 1990-70 authorizing acquisition, by condemnation if necessary CONDEMN FOR of property for street right-of-way purposes for Proj. 89-331 132ND STREET as shown on Exhibit A. Councilmember Savanick questioned what is to become of the existing right-of-way that is not utilized. Mr. Sheldon said the City will acquire the new right-of-way and then dependent on how the property was originally acquired, dispose of the existing right-of-way. Vote was taken on the motion. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 8 Mr. Welsch said the Council reviewed land uses on the property MCNAMARA/BYERS located west of Cedar and north of 138th Street at its informal SCHULTZ/ERICKSON meeting of March 15th. Currently, the property is designated "LD" LAND USE in the Comprehensive Plan with a zoning of "R-1A". In an effort to achieve consistency between the "LD" and "R-1A" designations, the Planning Commission recommended that the "LD" and "R-1A" designation be changed on the west side of the proposed future spine road, to "SF" and "R-3", and to leave the "LD" designation in place on the east side of the spine road to Cedar Avenue but change the zoning from "R-1A" to "M-1A", "M-2A" or "M-3A". With the designation of "M-1A", as a low density zoning option, single family dwellings would still be allowed. Mr. Welsch then addressed the number of households, population, and traffic counts, given the differ- ent multi-family and single family options. MOTION: of Savanick, seconded by Holton, to change the Comprehensive COMP PLAN Plan designation from "LD" to "SF" for the entire area west SF DESIGNATION of Cedar and north of 138th Street. Councilmember Goodwin asked what the original staff recommendation was, the reasons for those recommendations, and if any changes were made by the Planning Commission. Mr. Welsch said this site was a major concern because of the public meetings that had been held with the neighbors on the Pennock Avenue traffic issue. Many residents feel this site is best suited for single family development and were most concerned with the amount of traffic generated and placed onto Pennock Avenue and the surround- ing neighboring streets. The best way to minimize the amount of new traffic was to reduce the density as much as possible, which would have been single family. The other alternative was to allow the property owners the flexibility of either duplexes or single family on the property adjacent to Cedar Avenue. Staff was concerned, and is still concerned, about the marketability of the property adjacent to the freeway. With a one lot depth of multi-family or single-family along the east side of the property this would be achieved. The Planning Commission asked Staff to do a highway corridor study and work with property owners along Cedar to provide for better sound proofing, improved visual screening, and better site planning. When this issue was reviewed, those conditions in a project required that the density be slightly higher in order to provide the funds to meet those requirements. Staff then determined that a zoning designation of "M-3A" would be more appropriate for the land adjacent to Cedar. With the higher density of up to 6 units per acre, more money could be spent by the developer for those improvements. Councilmember Humphrey asked how many "R-1A" neighborhoods are built in Apple Valley at this time. Mr. Kelley replied "two"; Chateau Estates and the Woods Addition accounting for approximately 40 lots total. Councilmember Savanick said the current property owners have expressed a concern over the lack of a park in this area. Is it feasible to put a park not in the suggested areas along Pennock Avenue, but along Cedar instead? The Park Committee suggested that the areas along Pennock Avenue would be the most accessible and centrally located to all residents. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 9 Councilmember Savanick asked if a park along Cedar would be acceptable to the homeowners?. She feels that the park along Pennock has been a detriment to the development of the property. Mr. Welsch said he was not at the meeting with the Park Committee and did not know if any residents were present. He stated that another issue brought up by developers was reluctance to face homes onto Pennock Avenue. Mr. Maurer, who was the developer of Oaks IV project in this area, expressed that he has had difficulty selling homes fronting Pennock Avenue in Oaks II. The Oaks IV project has since been pulled by the developer. Councilmember Humphrey asked what type of park has been discussed for this area. Mr. Welsch said that this park would be a 3-5 acre passive park only. There would not be lighted ballfields or anything of that nature. Mayor Branning indicated that he is not in favor of removing trees in order to make room for a park. In the past, the city has taken cash-in-lieu of land for parks in this area, and there is no alternative for this property. He feels there is no suitable location for a park. Councilmember Goodwin asked what uses are in a neighborhood park. Mr. Welsch indicated that it primarily consists of benches, trails, picnic areas, playground equipment, tennis courts. All of these are low impact, unorganized play areas. Councilmember Goodwin noted that the pond is an area that will never be built upon or around. Would it make sense to have some sort of passive park around this pond, realizing it is not centrally located, but might be of some use. Mr. Welsch noted that Staff is looking for a recommendation from the Council as to what their desire is for a park in this area.- Mayor Branning asked what the situation is on the "LD" piece of property in Hall- wood Highlands. Mr. Welsch indicated that the Halls are undecided as to what they want to do with their property. The Halls had indicated that the "LD" piece of property was to blame for the slow selling problems in their development. By the end of the Cedar Avenue corridor study, the Halls stated that they would like to retain the flexibility of the "LD" designation. Mayor Branning asked if the Halls site became single family, would Staff's recom- mendation to have the remaining property along Cedar "LD" continue. Mr. Welsch advised that Staff would not change their recommendation. Mayor Branning opened the discussion to the floor for quest!ons. Mr. Ross Glynn, 13349 Granada Avenue, presented the Council with a petition from the homeowners in Hallwood Highlands objecting to any type of "multi-family" desig- nation in the Comprehensive Plan or Zoning. The adjoining neighbors want single family and the Council should respond to its citizens. Mary M. Phillips, 7880 W. Lower 139th Street Court, asked how many trees would be cut for a park versus developing the land into multi-family dwellings. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 10 William B. King, 13475 Guild Avenue, understands Staff's desire to have consistency in the Land Use Plan and Zoning, but should be concerned about the consistency of what is currently existing on the land and providing a consistent quality of housing in the area. Mr. Michael Thomas, 13875 Pennock Avenue, questioned where the spine road will go south of 138th Street. He is very concerned about traffic. Would the traffic from the spine road go into Pennock or would the spine road continue into the Calistro property? He also feels that a park would be nice adjacent to Cedar Avenue. Mr. Lowell Kegley, 7790 139th Court W., questioned the validity of traffic count study on Pennock between 138th Street and 140th Street. Mr. Harold Proskey, 13492 Granada Avenue, lives on Lot 16, in Hallwood Highlands. His home backs into the ponding area. He feels that the area around the pond is not conducive to development of housing. Mary K. Erickson, 13660 Pennock Avenue, would like positive action taken by the Council on the park issue. This has been a significant problem with developers of their property. The Ericksons are requesting the Council to determine if there must be a park or if cash-in-lieu would be more appropriate. Mayor Branning explained the process for park development. At this time, a park has not been designated for this area. The Park Committee makes recommendations to the Council; in an advisory capacity only. It is the Council's final decision. At this time, the decision has not been made as to whether there is going to be a park on this property. Donald Erickson, 13660 Pennock Avenue, stated that the park issue has been the major .stumbling block in the development of the properties, individually and collectively. Developers, who have come to the City with proposals to develop this property, have been told that the City wants specific land for a park and that this in excess of 10%. Because of these problems, the issue never reaches the Council for their decision. Mrs Erickson, asked for further explanation of the "Official Mapping" process for the spine road. Mr. Welsch said because there are four property owners, the City feels that the "official mapping" of the road is for the benefit of all the parties involved. When development occurs, the street is already designated and there would be no confusion of where to build or not. Helen Schultz, 13784 Greenland Avenue, asked if she would be compensated for the land surveyed for the "Official Mapping" of the spine road? Mayor Branning explained the benefit, compensation and assessment policies of the City. Brendon Lee, 7720 133rd Street W., asked for an explanation of the importance of connecting neighborhoods. Mr. Welsch explained that one of the main reasons for connecting neighborhoods is for safety reasons; to allow emergency vehicles access from more than one route. Another reason is to allow homeowners more than one route so as not to have all traffic on one street. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 11 At this time there were no more questions from the public. Mayor Branning recessed the meeting for a break at 10:10 p.m. The Council reconvened at 10:35 p.m. Mayor Branning addressed the public at this time and indicated that the Council will address only two issues tonight, that being the Comprehensive Plan designa- tion and the Official Mapping of the road. With that, the discussion was opened to the Council. Councilmember Holton agreed that when you move into a home and you have checked into the zoning and found that it is single family you expect it to remain single family and he is in agreement that the whole area should remain single family. Councilmember Humphrey addressed the question of consistency. The issues are being resolved at this time so that no future questions of consistency may be raised. He does not want future homeowners to find out a zoning designation on a piece of property, and then after they buy the property, have a situation occur where the zoning around them changes. The property in question has always been designated "LD". The question at this time is not to increase the density, but to decrease it. At the present time multi-density homes exist in the area. If the Council changes the entire area to "SF" existing homes will be in not be in conformance. Once an area is "SF", the odds of raising that density are almost nil. Councilmember Savanick said if the motion for "SF" designation for the entire area passes, she would like to rezone "R-3A" to avoid any more conflicts. Councilmember Goodwin asked if the Council would consider keeping multi-family in lower S/E corner adjacent to the existing multi-family designated land, with a possible park location adjacent to the pond area? This would buffer existing single family from the multi and allow for multi along Cedar and adjacent to the existing multi. Councilmember Humphrey explained that there is more market flexibility and realism in leaving the property along Cedar as low density. The Council can be more selec- tive with a low density project in the materials and value than with single family. Mayor Branning discussed the Comprehensive Plan and the Park System within that plan. The plan states that someplace in this property there should be a park. He reiterated that he does not see this area being served by a park. A passive area would not usefully serve this area. If a developer brought a proposal to the Council that was feasible with a park, he would not object, but would not push for a park. It is important to keep the flexibility available to have a park and not rule against one formally. Mayor Braining said that single family makes sense and he is fully in favor of changing the Comprehensive Plan to single family. However, he has a concern of would anyone present at this meeting would buy their home, that they currently have, on a lot abutting Cedar Avenue. He personally would not. He is concerned about designating the land single family with no alternatives. Once the Council locks land into single family, the odds are that it will never change. There is CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 12 the possibility there could be low value single family homes adjacent to Cedar. and that would not necessarily be desirable. It is nice to think about single family, but you have very little control over the value of construction that designation. What would be better, single family with low value homes or high value multi-density homes? Councilmember Savanick stated that the problem is lack of a frontage road. Putting in the spine road dumps all multi-family traffic into a single family area. It is OK if there are a few empty lots along Cedar Avenue and the balance is occupied by high value single family homes. The public is more concerned about higher density than a road such as Cedar. Councilmember Holton said that traffic is the main issue. He does not want to dump additional cars onto Pennock Avenue. Mayor Branning again stated that he is in favor of single family, but wants everyone to take into consideration that this land may be locked into being undevelopable with a total single family designation. Mayor Branning questioned what if the designation for "SF" was to extend onto the east side of the spine road for a number of feet. Councilmember Savanick stated that access for the multi traffic would be needed. Perhaps a situation like in Hunters Woods, with deeper lots adjacent to Cedar, would be a solution. Vote was taken on the motion. Ayes - 3 (Branning, Savanick, Holton) Nays - 2 (Humphrey, Goodwin) - MOTION FAILED MOTION: of Goodwin, seconded by Humphrey, to send the request back REFER TO to staff for further review. STAFF Councilmember Goodwin stated he does not want to rush into a decision. If it takes another two weeks or three months, we want to ultimately make the right decision. The additional time is not going to make a difference. Discussion continued relative to traffic counts, marketability of upper bracket homes at this time, and responsibility of Council to current property owners. Vote was taken on the motion. Ayes - 2 (Humphrey, Goodwin) Nays - 3 (Holton, Savanick, Branning) MOTION FAILED MOTION: of Humphrey, seconded by Holton, changing the Comprehensive Plan designation from "LD" to "SF" for the portion of the property on the west side of the proposed spine road north of 138th Street. AMEND USES WEST WEST OF ROAD Councilmember Holton, said he would like to include property east of the spine road and north of the currently zoned multi-family in Oaks II on 138th Street in the motion. Mayor Branning said only the property on the west side of the road is being addressed now. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 13 Vote was taken on the motion. Ayes - 4 (Branning, Holton, Goodwin, Humphrey) ~ Nays - 0 - Abstained - 1 {Savanick) Councilmember Holton asked if a motion is necessary to direct staff to review the property on the east side of the spine road. Mayor Branning advised that a motion is not necessary. MOTION: of Humphrey, seconded by Goodwin, directing the preparation SURVEY FOR of a legal description for official mapping of the spine OFFICIAL MAP road alignment north of 138th Street, connecting to Granada Avenue. Councilmember Savanick asked the opinion of the property owners of the proposed alignment. Don Erickson and Helen Schultz responded that they have no problem with the proposed alignment. Mrs. Erickson asked if the road must be "Officially Mapped". Mayor Branning said it will also be used to provide a boundary for rezoning. Vote was taken on the motion. Ayes - 4 (Branning, Holton, Goodwin, Humphrey) - Nays - 0 - Abstained - I (Savanick) MOTION: of Savanick, seconded by Humphrey, approving the agenda for the informal meeting of March 29, 1990 as presented. Ayes - 4 - Nays- 0 - Abstained - 1 (Holton). SET MEETINGS Councilmember Holton was out of the room at this time. Mayor Branning advised that he will be out of town for the April 12, 1990 regular meeting and the April 19, 1990 work session. Councilmember Holton advised that he will be unable to attend the work session on April 5, 1990. The Council received a Resolution from Dakota County setting a public hearing for the proposed Dakota County Designation Ordinance which is part of the County's Solid Waste Ordinance. It will be March 27, 1990 at 9:00 a.m. There was no discussion of this item. COUNTY SOLID WASTE ORD. HEARING ADMIN. LEAVE GOLF FEES LTR. City Administrator Melena advised the Council that he will be on vacation from April 21, to May 2, 1990. The Administrator reviewed a letter from a'citizen in regard to fees charged at Valleywood. The Council previously received a copy of this letter as well as a memorandum from Parks Director Johnson addressing the citizens complaints. There were no questions from the Council. Councilmember Savanick reviewed a complaint from the residents of WATER BILL 8681 144th Street Court. In the winter of 1989, they paid an exorbi- ADJUSTMENT tantly high water bill. The Utility Department has checked the meter and monitored their water use for the past year. She recommends an adjustment of their bill because the water usage for the past year has been within normal expectations. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 1990 Page 14 MOTION: of Savanick, seconded by Goodwin, to approving an adjust- 8681 144TH ST CT ment of the utility bill at 8681 144th Street Court for BILL ADJUSTMENT the winter quarter of 1989, to-reflect an amount equal to the charges for the winter quarter of 1990. Ayes - 5 - Nays - O. The Administrator advised the Council that the Bonanza Restaurant water water meter has been reading incorrectly and a significant amount of water has not been billed. A meeting is scheduled for Friday, March 23rd with a representative from Bonanza to discuss the problem. Council will be kept advised of the situation. BONANZA WATER BILL CLAIMS & BILLS MOTION: of Savanick, seconded by Goodwin, to pay the claims and bills, checks numbered 75223 through 75348 and 75357 through 75482, in the total amount of $2,184,952.14. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 11:55 o'clock p.m.