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HomeMy WebLinkAbout04/26/1990CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 26th, 1990, at 8:00 otclock p.m. at Apple Valley City Hail. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: Public Works Director Gretz, City Clerk Muel!er, City Attorney Sheldon, Administrative Intern Asselanis, Forestry Specialist Brackee, City Engineer Gordon, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers and Assistant to Administrator Weldon. 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 as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA APRIL 12, 1990 MINUTES MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of April 12th, 1990, as written. Ayes - 4 - Nays - 0 (Branning Abstained). Mayor Branning preseted a plaque to Rodger Page recognizing his PAGE RETIREMENT retirement from the City after 20 years of service. Rodger and his wife, June, were present and the Mayor expressed the Councilfs appreciation to them. MOTION: of Savanick, seconded by Holton, proclaiming May 11, 1990, to POPPY DAY be "Poppy Day" and urging citizens to wear a poppy in PROCLAMATION appreciation for the services rendered by our nations veterans. Ayes - 5 - Nays - 0. Mayor Branning introduced Wenzel Ruhmann, of Apple Valley High School, RUSSIAN STUDENT who explained the "Connect USSR" program which resulted in five Apple EXCHANGE Valley High School students visiting Russia last year and Russian students making a visit at this time. He introduced the students who were attending the meeting MOTION: of Holton, seconded by Humphrey, proclaiming April 27 through FRIENDSHIP May 4, 1990, to be "Apple Valley-Novosibirsk Friendship Week" PROCLAMATION and welcoming the students visiting from the Soviet Union. Ayes - 5 - Nays - 0. In connection with Earth Day and environmental awareness, Councilmember Savanick read portions of a letter from her daughter, who is teaching in Prague, Czechoslovakia, describing acid rain damage and pollution problems in the country. Mayor Branning asked if any one 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 DISCN. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Page 2 MOTION of Goodwin, seconded by Holton, approving all items on the consent agenda with no exceptions. Ayes - 5 ~ Nays - O. CONSENT AGENDA ITEMS MOTION of Goodwin, seconded by Holton, adopting Resolution No. 1990- 92 approving specifications for an Ice Arena Dasher Board System and authorizing advertising for bids to be received at 2:00 p.m. on May 15, 1990. Ayes - 5 - Nays - 0. MOTION of Goodwin, seconded by Holton, adopting Resolution No. 1990- 93 approving specifications for a Porch Addition to Valley- wood Golf Course Clubhouse and authorizing advertising for bids to be received at 2:00 p.m. on May 14, 1990. Ayes - 5 - Nays - 0. MOTION of Goodwin, seconded by Holton, authorizing issuance of a temporary on-sale liquor license by the Minnesota Liquor Control Commission to the Minnesota Zoo for use on May 4, 1990. Ayes - 5 - Nays - 0. MOTION of Goodwin, seconded by Holton, receiving a memo dated April 26, 1990, from Scott Hickok concerning the Governor's Community Energy Program for which a grant application is being prepared. Ayes - 5 - Nays - 0. MOTION of Goodwin, seconded by Holton, adopting Resolution No. 1990- 94 establishing a recyclable collection reimbursement program for multi-unit housing complexes in the City and setting the reimbursement to licensed haulers at $.50 per unit, per month for targeted recyclable materials. Ayes - 5 - Nays - 0. MOTION of Goodwin, seconded by Holton, authorizing notifying the Dakota County Soil and Water Conservation District that the agreement for services with the City, which expired February 1, 1989, will not be renewed. Ayes - 5 - Nays - 0. MOTION of Goodwin, seconded by Holton, approving Traffic Signal Agreement No. 90-05 with Dakota County for County Project 23- 35, 140th Street and Cedar Avenue Signal Revisions, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Goodwin, seconded by Holton, adopting Resolution No. 1990~ 95 setting a public hearing to consider vacating drainage and utility easements on Lots 5 and 6, Block 1, Beckman's First Addition, at 8:00 p.m. on May 24, 1990. Ayes - 5 - Nays - 0. CONSENT AC~NI. RES. 1990~.92 TAKE BIDS DASHER BOARDS RES. 1990-93 TAKE BIDS VALLEYWOOD PORCI~ ZOO TEMPORARY LIQUOR ENERGY GRANT PROGRAM RES. 1990-94 MULTI-FAMILY RECYCLING NON-RENEWAL SWCD AGREEMENT SIGNAL AGREEMENT 140TH & CEDAR RES. 1990-95 SET VACATION HRG. BECKMAN AD. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Page 3 MOTION: of Goodwin, seconded by Holton, authorizing expenditure of $5,104.00 in 1990 from the Cable Television Fund to contract for Law Enforcement Television Network programming and pur- chase support equipment as described in the Park & Recreation Director's memo dated April 23, 1990. Ayes - 5 - Nays - 0. CABLE TV FUNDS FOR LETN PROMOTION ITEMS FOR SENIOR CLASS PARTIES HIRE PARTTIME EMPLOYEES TEMPORARY UTILITY CLERK NEIGHBORHOOD PARKS FOR ACTIVITIES MOTION: of Goodwin, seconded by Holton, authorizing the distribution of promotional items for the Apple Valley and Rosemount High School senior class parties as described in the Park & Recreation Director's memo dated April 20, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring the various seasonal and parttime employees as listed in the Personnel Director's memo dated April 26, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing contracting with a temporary employment agency for a temporary data entry clerk in the Utility Department at a rate not to exceed $12.00 per hour. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, authorizing the Park & Recreation Director to allow use of Longridge, Faith, Greenleaf, Greening, Duchess, Tintah, Wildwood and Moeller Parks for organized activities from May 1 to September 1, 1990, as described in his memo dated April 20, 1990. Councilmember Goodwin asked how many more teams and how many fewer fields there are this year? He said he is concerned that the City is nearing the point where it will have to limit or curtail some programs because of lack of fields. Mr. Johnson said there are six fewer soccer fields this year due to drought damage and construction. He estimated participation has increased by about 15 percent. Councilmember Savanick asked how many of the neighborhood parks, that will be used, do not have restrooms? Mr. Johnson said only two; the VAA and RAA each contribute about $1,000 toward providing chemical toilets for the season at various parks. The Council also received and reviewed the field usage schedule for the spring and summer. Vote was taken on the motion. Ayes - 5 - Nays MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-96 authorizing issuance of a building permit for Kennedy Transmission building remodeling on Lots 1, 2 and 3, Block 6, Valley Commercial Park 2nd Addition, as recommended by the Planning Commission, subject to relocation of trash dump- sters, no outdoor storage or display and all tenants' signage being brought into conformance as leases are renewed. RES. 1990-96 KENNEDY TRANSM. REMODELING PERMT CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Page 4 Councilmember Humphrey said he would like to have the existing building signs moved up to the sign band, if not replaced, as part of this permit. Bruce Kennedy, the building owner; Tim Craft, Manager; and Robert Connelly, of Kennedy Transmission, were present. Mr. Kennedy said he has contractual obligations with the tenants and cannot change the signs of Apple Valley Pool and Southside TV until their leases expire, in two and three years. There is a sprinkler system in the berm and the additional landscaping will be installed and maintained. Councilmember Humphrey asked if the garage area is air conditioned and expressed concern that the new doors, facing Cedar Avenue, might be left open in summer. Mr. Kennedy said it is not air conditioned, but the additional landscaping should substantially screen the doors. Mayor Branning expressed hope that the tenants would cooperate and it would not take three years for the signage to be corrected. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley said the land use issues in the area north of 140th Street, 138TH/140TH/ between Cedar and Pennoek Avenues, were being considered to make the CEDAR/PENNOGK Comprehensive Plan uses and zoning consistent. Recommendations were LAND USES also included as to what road accesses should be designated. He re- viewed the revised concept plan for the area prepared after discussion at the Council's informal meeting of March 29, 1990. A tentative alignment for Granada Avenue north of 138th Street has been prepared with the access at 138th Street farther east than "Greenland" as previously shown. The Council received a letter dated April 25, ~1990, from Don Erickson stating that he wanted all of his property designated as single family. The Council also received a letter dated April 24, 1990, from Barbara Hall opposing the official mapping of Granada Avenue. Mayor Branning called the public hearing to order at 9:25 p.m. on official mapping of Granada Avenue north of 138th Street and noted receipt of the affidavit of publication of the hearing notice. He asked for questions or commants from the public and the Council. PUBLIC HEARING GRANADA OFFICIAL MAPPING Councilmember Goodwtn asked if the road alignment is similar to a previous plan by Maurer Development? Mr. Kelley said it was. The survey of the street alignment will be completed by May 17, 1990. Councilmember Savanick asked if the two letters (referenced above) are part of the hearing record? Mayor Branning said they were. He asked for other comments; there were none and the hearing was declared closed at 9:28 p.m. Councilmember Savanick said she would like to wait until the survey for the road is completed, with legal descriptions, to rezone. Ross Glynn, 13349 Granada, asked to address the Council and said he is displeased that there was no neighborhood involvement in reaching a decision on the land uses. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Page 5 He was not notified of any meeting and does net support the recommendation as shown. He would support multi-family on the Schultz property and single family on the balance of the property north of 138th Street. Mayor Branning said this issue has been before the Council and Planning Commission for the last year and a half. Many of the residents have attended these meetings and were aware of them. Councilmember Goodwin concurred and said in addition to these meetings, Staff has met with the property owners many times. Mayor Branning said, until this week, he believed the Ericksons wanted multiple zoning along Cedar Avenue. He received a call this week, and the letter, advising that they now want all single family zoning. Mrs. Erickson was present and said at the last meeting her husband stated they were in favor of single family zoning. Councilmember Goodwin said the Ericksons should be aware that if all of their property is zoned single family now, they would probably not be able to rezone it to multiple. If it were zoned multiple, it could be rezoned to single family and would allow them the most flexibility. Steve Hirsch, representing Helen Schultz, was present and said the intent in wanting M-3 zoning on her property is flexibility. It could then be up to a developer to request a rezoning, if needed, for a viable project. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 97 amending the Land Use Map of the Comprehensive Plan, in the Northeast Quarter of the Southeast Quarter of Section 21, on the east side of future Granada Avenue, from "LD" to "SF" on all property north of the Schultz property. Ayes - 5 - Nays - 0. RES. 1990-97 COMP. PLAN AMEND McNAMARA/BYERS/ ERIGKSON ORDINANCE 481 REZONE McNAMARA/ BYERS/ERICKSON SCHULTZ PROPERTY P.C. HEARING REZONE DOMESTIC/ CALISTRO PROP. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 481 rezoning unplatted property in the NE Quarter of the SE Quarter of Section 21 from R-1 to R-3 and M-3A on the southeast corner (Schultz property east of Granada alignment only). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, setting a public hearing before the Planning Commission at 7:30 p.m. on May 16, 1990, to consider amending the Comprehensive Plan from "MD" to "MD", "LD" and "SF" and rezoning the Domestic/Calistro property, north of 140th Street and west of Cedar Avenue, from RCL and R-1 to R-3, R-5 and M~6B. Frank Kleckner, of Domestic Development, asked if the two properties could be handled separately if the other property owner does not agree to the rezoning? Mr. Kelley said they are being considered together because a small portion of the Domestic property is recommended to be rezoned to R-3 along with part of the Calistro property. The additional hearing is necessary because single family (R-3) zoning was not considered in the previous hearing. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Page 6 Councilmember Savanick said she believes there should be a survey of the road alignment before the hearing is held. A question was asked whether 139th Street can be constructed with access to Cedar? Mr. Kelley said there is a curb cut in the median of Cedar now and 139th Street exists on the east side of Cedar. AnneMarie and Tom Stuebe, 13980 Granada Court, thanked the Council for coming up with a compromise, but Mr. Stuebe said he is still concerned about the impact of a possible three-story apartment building if M-6 zoning is approved. Barbara Calistro, 7515 West 140th Street, questioned what is involved in the 140th and Cedar intersection reconstruction. She also expressed concern that if her property were developed as a cul de sac, with no access to 140th Street, traffic would increase on Pennock as an alternate to using Cedar Avenue. She would like the future street to go through to 140th Street. Councilmember Savanick asked to have answers from the County as to access to Cedar and when, if ever, they might close the median. Mayor Branning said the recommendation is a compromise, taking into consideration abutting zoning and the wishes of the property owners, and the Planning Commission has specific direction as to what to consider in the rezoning. Leo Dehler, representing Mrs. Calistro, said he understands the need for a hearing, but the Council cannot dictate what the Planning Commission docs. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, directing preparation of a legal description for official mapping of a street connecting 138th Street, at the Granada alignment, to Cedar Avenue, at the 139th Street alignment, and directing Staff to set a public hearing as appropriate; tentatively May 24, 1990. SURVEY ROAD FOR OFFICIAL MAP 138TH TO CEDAR Mrs. Calistro noted that the sketch of the street alignment at 139th Street shows the road entirely on her property and if it is to line up with 139th on the east side of Cedar, it will need to be moved farther north. Vote was taken on the motion. Ayes ~ 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 98 amending the Land Use Map of the Comprehensive Plan from "HD" to "MD" on Outlot A and Lot 1, Block 1, Hamlet Manor Homes (future Pennock Shores 4th Addition), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1990-98 COMP. PLAN AMEND PENNOCK SHORES 4TH ADDITION ORDINANCE 482 REZONE PENNOCK SHORES 4TH MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 482 rezontng Outlot A and Lot 1, Block 1, Hamlet Manor Homes (future Pennock Shores 4th Addition) from M-7C to M-4C as recommended by the Planning Commission. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Page 7 MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of building permits for 26 townhouses in Pennock Shores 4th Addition, as recommended by the Planning Gommission, subject to brick trim being used on the garage fronts. Ayes - 5 - Nays - 0. PENNOCK SHORES 4TH BUILDING PERMITS PENNOCK SHORES 4TH PRELIMINARY PLAT TREE PRESERVATN. ORDINANCE ORDINANCE 483 TREE PRESERV. REGULATIONS VALLEY WAY VILLAGE 8TH PRELIMINARY PLAT RES. 1990-99 VALLEY WAY 8TH BUILDING PERMIT RES. 1990-100 CERTIFY COMPLETN A V COMMONS MOTION: of Humphrey, seconded by Holton, approving the preliminary plat of Pennock Shores 4th Addition (replat of Outlot A and Lot 1, Block 1, Hamlet Manor Homes), as recommended by the Planning Commission, and directing preparation of a subdivision agreement. Ayes - 5 - Nays - 0. Ken Brackee reviewed the proposed tree preservation ordinance with the Council. Councilmember Savanick said she objects to the require- ment for a security deposit and doesn't believe the ordinance will be enforceable. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 483 amending Chapter 20 of the City Code by adding Article III to provide tree preservation regulations in the City and setting the permit fee at $25.00. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Valley Way Village 8th Addition (replat of part of Outlot I, Trans Union), as recommended by the Planning Commission, and directing preparation of a subdivision agreement. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution 1990-99 authorizing issuance of building permits for 18 townhouses in Valley Way Village 8th Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-100 certifying that the improvements specified in the Contract for Private Development with AV Development, dated June 10, 1985, for Apple Valley Commons have been completed. Ayes - 5 - Nays - 0. Jeff Weldon reported on some of the legislation enacted during the LEGISLATIVE legislative session which closed April 25, 1990. It appears the SESSION REPORT City's local government aid will be reduced by $122,000 for 1990. The permanent cut results in local government of approximately $500,000 for 1991. The tax increment financing bill provides that cities~ local government aid will be reduced by the amount that would have gone to the school district from new TIF districts, tn addition, only 25 percent the amount of excess increment can be used outside the district for any district certified after April 30th. A meeting for all elected officials with the Dakota County Legislative Delegation is scheduled for May 7, 1990, at 12:00 noon at the Burnsville Holiday Inn. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1990 Page 8 The Council noted that its next meeting is the annual Board of Review meeting on May 3, 1990, at 7:00 p.m. at Apple Valley Community Center. MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 69754, 69755, 75945 through 76088 and 76097 through 76228, in the total amount of $2,891,677.29. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 11:50 o~clock p.m. BOARD OF REVIEW MEETING CLAIMS & BILLS