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HomeMy WebLinkAbout07/12/1990CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 12th, 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, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. 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 Humphrey, approving the agenda for tonight's meeting as amended. Ayes ~ 5 - Nays - 0. APPROVE AGENDA JUNE 28, 1990 MINUTES AUDIENCE DISCN. CONSENT AGENDA 1991 ALF AMBULANCE BUDGET MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of June 28th, 1990, as written. Ayes - 5 - Nays - 0. 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. MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 ~ Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving the 1991 ALF Ambulance budget with total revenue of $691,072.00, expenses of $696,872.00 and a City subsidy of $1.43 per capita resulting a cost of $50,050.00 to Apple Valley. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of temporary on-sale liquor licenses to the Minnesota Zoo by the Minnesota Liquor Control Commission on July 26, September 14 and October 6, 1990. Ayes - 5 -Nays - 0. ZOO TEMPORARY ON-SALE LIOUOR MOTION: of Holton, seconded by Goodwin, authorizing issuance of a party permit to the Rosemount Senior High School Class of 1975 for a picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on August 5, 1990, only. Ayes - 5 - Nays - 0. ALIMAGNET PARTY PERMIT U.S IMG. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1990 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 150 approving the final plat and subdivision agreement for Valley Way Village Eighth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1990~150 FINAL PLAT VALLEY WAY 8TH 1991 WATERSHED MANAGEMENT BUDGETS MOTION: of Holton, seconded by Goodwin, approving 1991 budgets for the Black Dog Watershed Management Organization, totaling $66,000.00 with the City's cost of $6,900.00; and for the Vermillion River Watershed Management Organization, totaling $75,500.00 with the Oity's cost of $13,990.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 151 receiving the preliminary engineering report for Project 90-357, Apple Valley Retail Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on August 9, 1990. Ayes - 5 - Nays ~ 0. RES. 1990-151 SET HEARING PROJ, 90 357 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 152 directing the City Engineer to prepare plans and specifications for Project 90-357 for consideration following the hearing on August 9, 1990. Ayes - 5 - Nays - 0. RES. 1990-152 PLANS & SPECS. PROJ. 90-357 MOTION: of Holton, seconded by Goodwin, receiving the appraisal report of Ray Connelly, dated June 26, 1990, on potential southern athletic complex property at 153rd Street, south of County Road 42 and east of Cedar Avenue, valuing it at $.75 per square foot. Ayes - 5 - Nays - 0. ATHLETIC COMPLEX PROPERTY APPRAISAL HIRE WOLF & RINGBERG DISPATCHERS MOTION: of Holton, seconded by Goodwin, approving hiring Kathleen Wolf, effective July 30, 1990, and David Ringberg, effective August 6, 1900, for the positions of fulltime Police Dispatchers. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA Mr. Kelley reviewed the Planning Commission report on a proposed HESLI REPLAT preliminary plat to subdivide Lots 6 and 7, Block 1, Farquar Lake FARQUAR LAKE Addition, into three lots. There are two homes on the property now; one of which is on a lot line. This was tabled June 28, 1990, to allow time for Councilmembers to visit the site. Mr. Kelley reviewed a map indicating the current lots which do not meet the 40,000 square-foot minimum for an R-1 zone. Two replats have previously been filed in the neighborhood. MOTION: of Goodwin, seconded by Holton, granting a variances for the replat of Lots 6 and 7, Block 1, Farquar Lake Addition (Nesli property) to the minimum area requirement for Lot 1, allowing a 34,000 square-foot lot; and to the minimum lot width requirement for Lot 3, allowing 105 feet, as recommended by the Planning Commission. HESLI REPLAT FARQUAR LAKE VARIANCES CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1990 Page 3 Councilmember Goodwin asked how the smaller lots in the subdivision came to be in an R-1 zone and if they could be built on? Mr. Kelley said the plat was filed in the 1950's and zoning at that time really did not have any standards. There was no review or approval of lot arrangement or road alignment. They can be built on if setbacks are met. They are lots of record even though they are nonconforming lots. Councilmember Humphrey said he is concerned about the implications of issuing building permits on nonconforming lots. Perhaps a rezoning should be instituted so the plat will be in conformance with what exists. This replat would then not need a variance if there could be a consensus on rezoning. He would agree to moving the lot line to accommodate the existing houses rather than creating three lots if it is not rezoned. Councilmember Savanick said she agrees with moving the lot line only and not replatting three lots. If the entire area is rezoned to R-3, families could no longer keep horses there which several families now have. Councilmember Holton said when half the lots in the area are smaller than the new lot proposed, it doesn't make sense to deny the replat. Jon Dahlin, 4899 Dominica Way, said the majority of.the neighbors are against the replatting and purchased property with the thought that there is some sanctity to a plat. There are some small lots, but it doesn't mean the area has to be changed. This could encourage more subdivisions. His lot is just over 16,000 square feet and he owns half of the adjoining lot for a total of about 24,000 square feet. Councilmember Goodwin said there is a problem because there are already a number of substandard lots in the area. If every lot were over 40,000 square feet, it would be a different situation. With the present size lots and house locations, there-is no way to make the area maintain R-1 standards. If it were rezoned to R-2 or R-3, it could open all kinds of other problems in the area. Bill Rabe, 4877 Dominica Way, said in the two previous replats, the Ford Addition went from four lots to one lot; and Briarcrest came about because the City vacated part of the road right-of-way and relinquished some outlets. The three small westernmost lots on the lake were part of the three lots across the street when the property was platted. Jerry Kistner, 4885 Dominica Way, asked how references to 20,000 square foot minimum lots applies and expressed concern about increased traffic in the area. Mr. Kelley said 20,000 square feet is the minimum lot size for sewered lakeshore lots under the shoreland overlay zoning which also applies in this area. Mayor Branning said because a majority of the existing lots are nonconforming to R- i zoning, the problem cannot be resolved simply. The request of Hesli's is a way to solve that problem and that may be the only thing that can be done a this time. The street improvements being put in are designed for a residential area and will not make traffic different from any other residential area. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1990 Page 4 Mr. Dahlin asked if the neighbors could agree not to subdivide property and record the agreements? Mr. Sheldon said the neighbors could agree to anything among themselves, but the agreements would run with the land and whoever owns the land controls what is done with it. There is always a right to change those agreements. Eugene Hesli, 4855 Dominiea Way, said 10 of the 25 lots in the subdivision are under 30,000 square feet in size now. The lot across the street from Mr. Rabe is under 40,000 square feet, but not being maintained. He commented on maintenance and appearance of his property and said he is not planning to sell the proposed third lot now, but will in the future. Bob Gjovik, 4850 Dominica Way, pointed out that the majority of the lots are not under 40,000 square feet in size; only 11 of the 25 lots are. MOTION: of Savanick, seconded by Humphrey, substituting a motion to shift the lot line between Lots 6 and 7, Block 1, Farquar Lake Addition, to accommodate the existing houses without creating a third lot. SUBSTITUTE MOTION LOT LINE SHIFT Councilmember Humphrey asked if rezoning the entire area should be considered? He does not want the City to be in the situation of allowing building permits on nonconforming lots in R-1 zones. Mayor Branning said the residents want the fewest lots they can possibly have in the area. Rezoning would not do that. It would be best to allow the neighborhood to work through to some solution to address the problem and work with the lakeshore association. Councilmember Savanick asked if building permits can be denied on the nonconforming lots or those that need fill? Mr. Sheldon said they are lots of record and if building permit applications meet all the requirements, the permits would have to be issued. Vote was taken on the substitute motion. Ayes - 2 (Humphrey and Savanick) - Nays ~ 3 (Branning, Goodwin and Holton). Motion Failed. Mr. Kelley said if the size of the western lot were increased and all three lots met the minimum 75-foot width requirement on the lakeshore, none of the lots would be 40,000 square feet. Councilmember Goodwin said he prefers having to grant a size variance for only one lot. Mayor Branning asked if the only condition of R-1 zoning the new lot would not meet is size? Mr. Kelley said yes. Vote was taken on the original motion. Ayes ~ 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Hesli Addition (replat of Lots 6 and 7, Block 1, Farquar Lake Addition), subject to all three lots connecting to City utilities when available, as recommended by the Planning Commission, and directing Staff to prepare a subdivision agreement. Ayes - 4 - Nays ~ 1 (Savanick). HESLI REPIAT PRELIMINARY PlAT CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1990 Page 5 Mr. Gretz reviewed his memo dated June 28, 1990, concerning a pedes- SCOTT HIGHLANDS trian crossing at 140th Street and Scott Highlands School. The SCHOOL CROSSING appropriate location for such a crossing is the intersection of Pilot Knob Road and 140th Street, however, the neighbors have asked for a pedestrian- activated signal at the current mid-block crossing. Mr. Tamble, a resident had also suggested an overpass. Mr. Gretz distributed copies of a letter dated July 11, 1990, from Bonestroo, Rosene, Anderlik & Associates concerning the crossing. Mr. Tamble was not present to address the Council and no action was taken. Firefighters' Relief Association pension amendment to the bylaws was removed.from the agenda. FIRE RELIEF PENSION AMENDMT. "RING ROUTE REPORT" The Council received copies of the first issue of the "Ring Route Report" newsletter. It will be a bi-monthly mailing to the downtown merchants on ring route construction progress. Mr. Melena advised the Council that any suggestions for future articles should be submitted to Jeff Weldon, the newsletter editor. The Council received a memo dated July 12, 1990, from John Gretz con- NORDIC SQUARE cerning additional storm water ponding needed in the southeastern STORM WATER POND portion of the City on the Nordic Square gravel property. Water now flowing to the area exceeds the maximum level under the current agreement. When excavation is complete, a permanent ponding area will be provided, but more ponding is needed now. They are willing to construct the pond and allow the temporary ponding at a negotiated price of $15,000.00. MOTION: of Humphrey, seconded by Goodwin, authorizing the expenditure of up to $15,000.00 for temporary storm water ponding on the Nordic Square gravel property and directing the City Attorney to prepare the necessary agreement. Ayes - 5 - Nays - 0. AUTHORIZE NORDIC SOUARE POND The Council asked to have discussion of political yard signs and INFORMAL MEETING weed/vegetation mowing ordinance at a future informal meeting. DISCUSSION ITEMS Mr. Melena advised the Council that he has completed reviews of the 1991 budget with the Department Heads. The revisions are being completed and the budget is scheduled to be delivered to the Council on August 3, 1990. MOTION: of Humphrey, seconded by Holton, setting the starting time of SET BUDGET the July 26, 1990, regular meeting at 9:00 p.m. and setting MEETINGS informal budget review meetings on August 13 and 15, 1990, at 8:00 p.m. and on August 14 and 16, 1990, at 6:00 p.m. Ayes ~ 5 - Nays - 0. The Council received notice of the Association of Metropolitan COUNCIL Municipalities meeting at the Burnsville Holiday Inn on July 24, COMMUNICATIONS 1990, at 7:30 a.m. They also received a reminder of an invitation to the Minnesota Zoo's dinosaur exhibition on July 26, 1990, at 6:30 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1990 Page 6 MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 77665 through 77783, 77793 through 77800 and 77803 through 77946, in the total amount of $15,720,778.53. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:52 o'clock p.m.