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HomeMy WebLinkAbout08/23/1990CITY OF APPLE VALLEY Dakota County Minnesota August 23, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 23rd, 1990, at 9:00 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, Administrative Intern Asselanis, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, Associate Planner McMonigal, 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 Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUG. 9, 1990 MINUTES AUDIENCE DISCN. CONSENT AGENDA NORTHWESTERN STORM WATER POND AGREEMENT RES. 1990-167 STOP SIGNS ENERGY GRANT REPORT MOTION: of Savanick, seconded by Humphrey, approving the minutes of the regular meeting of August 9th, 1990, as written. Ayes - 4 - Nays - 0 (Branning Abstained). 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 Humphrey, moving Hyland Pointe Shores 2nd plat to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton seconded by Humphrey, approving the agreement with Northwestern Aggregates to construct a storm water drainage pond on its property in the southeastern corner of the City, known as Nordic Square, at a cost not to exceed $18,000 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-167 authorizing installation of stop signs on southbound Gleason Avenue at 151st Street and on westbound 151st Street at Gleason Avenue. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, receiving a report dated August 23, 1990, from Scott Hickok on the $40,056.00 grant from the State for an energy conservation program. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 1990 Page 2 MOTION: of Holton, seconded by Humphrey, receiving a report dated July 12, 1990, .from the Community Development Director on the Amphitheater in accordance with the moratorium ordinance which will expire September 1, 1990. Ayes - 5 - Nays - O. AMPHITHEATER REPORT PARK AND RIDE REPORT HIRE CARLSON DISPATCHER HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Humphrey, receiving a report dated August 1990 from Meg McMonigle on "Park and Ride" transpor- tation related issues and needs. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring Theresa M. Carlson for the fulltime position of Police Dispatcher effective August 27, 1990. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated August 24, 1990. Ayes - 5 - Nays - O. END OF CONSENT AGENDA Mr. Sheldon said he recommends the City add language to its subdivi- DEV. AGREEMENT sion agreements as a "hold harmless" clause on legal claims resulting LANGUAGE from the City's actions in plat approvals. The City has been drawn into a lawsuit between the developer and an adjoining property owner because it approved the plat and this should become standard language in future agreements. Councilmember Humphrey asked if it would also involve a financial guarantee? Mr. Sheldon said no bond is anticipated. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990q168 approving the final plat and subdivision agreement for Hyland Pointe Shores 2nd Addition, with language pro- viding a hold harmless clause for the City, and authorizing the Mayor and Clerk to sign the same. Ayes q 5 - Nays - 0. RES. 1990-168 HYLAND POINTE 2ND FINAL PLAT Mr. Melena reviewed the provisions of the "truth in taxation" law 1991 BUDGET with which the City must comply in the approving the 1991 budget and tax levy. A proposed budget must by adopted by September 1st and certified to the County. Public hearings must be held between November 15th and December 20th and the final tax levy certification must be adopted by December 28th. Information required to be published in the hearing notice will show 1990 property taxes of $7,521,215 and 1991 property taxes of $8,101,456; an increase of $580,241. Mr. Melena reviewed a summary of the budget with total revenue of $16,921,114 and expenses of $16,939,385. With the proposed budget, estimated property taxes on homes valued under $100,000 will increase slightly and will decrease on homes valued over $100,000. The estimates do not include adjustments that will result from new growth in the City. Councilmember Goodwin noted that this shift in property taxes resulted from changes the legislature made in the formula to calculate taxes on higher valued property. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 1990 Page 3 MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1990-169 approving the proposed 1991 budget, with total revenue of $16,921,114 and expenses of $16,939,385; and tax levy consisting of $6,630,969 for general purposes and $1,470,487 for debt purposes; totaling $8,101,456. RES. 1990-169 1991 BUDGET & TAX LEVY Mayor Branning noted the Council held four meetings during the week of August 13th to review the budget details and commended Staff for bringing together a balanced budget. Mr. Melena said the public hearing is scheduled for November 29, 1990, with December 13th set a continuation date, if needed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz reviewed his memo dated August 8, 1990, concerning proposed construction of a driveway to access Lots 12, 13, 14 and 15, White Oak Ridge. The circular street, shown as Eleanor Lane, was never constructed and is not proposed to be constructed. The property owner, Mrs. Petter, has asked to use excess material from the 132nd Street project, now underway, to have a driveway constructed along the east side of lot 11. The only buildable portion of the property is Lot 13. The owner of Lot 16 is opposed to the driveway construction which would abut the west side of Lot 16. WHITE OAK RIDGE DRIVEWAY Mr. Gordon said storm water now drains to Lot 11, which is a low area, for ponding. A driveway would be about three and one-half feet above the low area and cut off drainage from the east, but culverts under the driveway would allow drainage. Neither the DNR nor the Army Corps of Engineers have restrictions which would apply to this property. Ronald Dorken, 5290 W. 132nd Street, the owner of Lot 16, expressed concern that the driveway might be constructed or the street vacated without anyone being notified and questioned why it was not discussed at the improvement hearing. Water from Lots 16 through 19 drains into the ponding area. It has remained a wetland and it is home to wildlife. He asked how sewer and water would be brought to Lot 13 and whether it would need a lift station. He would prefer to have a street constructed along the alignment, rather than a driveway, and could connect his house to utilities along that side more economically. If it appears that Lot 12 is also buildable, access around the west side of the pond could serve both Lots 12 and 13. Larry Glewwe, 320 Cimarron Road, said he is Mrs. Petter's grandson and when the property was platted, Lot 11 was dry. Surrounding development has increased run- off to the area. If the property is going to be assessed for improvements as a buildable lot, they would like to construct the driveway so it can be developed. Mayor Branning said after a construction project starts, there are often modifications that need to be made and that is how the driveway question came up after the hearing. Mr. Gretz said there has been no decision on vacating the street or constructing Eleanor Drive. Mr. Gordon said the west alignment around CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 1990 Page 4 Lot 11 has not been staked. It would either have to be a public street next to Lot 12 or a shared driveway for Lots 12 and 13 and the owner of Lot 12 has not been contacted about future plane. Mayor Branning expressed concern about the City being required to issue building permits, since these are platted lots. He would like to see a plan, or alternates, as to how this area could ultimately be developed. Councilmember Goodwin said a route around the west side of the pond would be preferable rather than a driveway with culverts around the east side. Gouncilmember Savanick asked if there is a storm water drainage easement in the area? Mr. Gordon said there is an easement between Lots 9 and 12. MOTION: of Humphrey, seconded by Holton, tabling consideration of constructing a driveway in White Oak Ridge until September 1990. Ayes - 5 - Nays - O. TABLE WHITE OAK RIDGE DRIVEWAY Mayor Branning called the public hearing to order at 9:23 p.m. to con- PUBLIC HEARING sider vacating drainage and utility easements on Lots 1 and 2, Block EASEMENT 1, Carrollton Estates 5th Addition, and noted receipt of the affidavit VACATION of publication of the hearing notice. Mr. Melena said this property is being incorporated into the new Armory plat and existing easements must be vacated or shown on the new plat. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 9:25 p.m. (Councilmember Savanick was out of the room during this time.) MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-170 completing vacation of drainage and utility easements on Lots 1 and 2, Block 1, Carrollton Estates 5th Addition, and authorizing filing the documentation with Dakota County. Ayes - 4 - Nays - 0. RES. 1990-170 VACATE EASEMENTS CARROLLTON 5TH The Council received a proposed Amendment to the Development Agreement SOUTHPORT/CUB' and Assistance Agreement with Ryan Construction. Bill McHale, of Ryan TAX INCREMENT Construction, was present and said when the Southport Centre tax in- AMENDMENT crement district was established, acres were included with the hope that there would be spin-off development to help underwrite the cost of public improvements. The site now being proposed for Cub Foods is within this district. The amendment does not cause any dollars to be generated for Ryan Construction or Cub Foods. Mr. Melena noted that the agreements also did not provide any dollars for the Target development. Jim O'Meara was present and said the proposed amendment does not add any new tax increment costs, other than were previously identified, for the district. The additional development further assures the public improvement bonding for the City. No increment will go to Cub Foods, but it brings the development under the terms of the agreement as far as additional design standards required beyond those contained in City ordinances. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 1990 Page 5 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-171 approving an Amendment to the Development Agreement and Assistance Agreement with Ryan Construction for Tax Increment Financing District No. 9 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1990-171 SOUTHPORT/CUB TIF AMENDMENT Mr. O'Meara noted that since the original agreement was approved, the City has transferred the tax increment districts to the Economic Development Authority. For that reason, the amendment is being approved by the City now and will be considered by the EDA at its next meeting; September 6, 1990. Mr. Welsch reviewed the Planning Commission report on Cub Foods pro- CUB EXCAVATION posed building. An excavation/foundation permit is being requested PERMIT and when the actual exterior building elevation is available, a build- ing permit will be requested. The loading docks will be oriented toward the east. The site plan illustrates two freestanding signs and no action will be taken on the signage at this time. It was noted that the Council received a letter dated August 22, 1990, from the attorney for Apple Valley Square Partnership objecting to issuance of the permit. Pat Moen, of Super Valu representing Cub, was present and said the building plans are still being drawn, but it will be all brick. They would like to proceed with the grading and foundation work however. Councilmember Humphrey asked if there will be a connection from the sidewalk on Cedar Avenue to the interior sidewalk? Ms. Moen said pedestrians would have to cross traffic on the west side of the building, but it could be connected to the sidewalk on the front, or north side, of the building. Ms. Moen reviewed traffic circulation on the site with vehicles able to enter from Cedar and 153rd Street. They would hope the east entrance on 153rd Street can be signalized by the time the store opens. There will be a 40-foot wide drive in front of the store. Mr. Melena said the 153rd Street intersection has been wired for signals and when traffic projections meet warrants, it can be signalized. Mr. McHale said the intent is to integrate the development into the Southport design including parking lot lighting. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-172 authorizing issuance of an excavation and foundation permit for Cub Foods on Lot 1, Block 1, Apple Valley Retail Addition, with conditions as outlined, as recommended by the Planning Commission. RES. 1990-172 CUB EXCAVATION PERMIT Councilmember Humphrey asked for a brief history of the zoning on the property. Mr. Welsch said the Comprehensive Plan was changed June 22, 1989, from a combination GB/RB to RB. The zoning was also changed June 22, 1989, from a planned development designation to RB. It is consistent with what is proposed. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 1990 Page 6 Mr. Welsch reviewed the Planning Commission report on the Carrollton CARROLLTON/ Commercial Addition and Bachman's building proposal. The property BACHMAN'S northwest of County Road 42 and Pennock will be platted as one lot, for the Bachman's site, and the remainder as one outlot. A 36-foot wide private road will be constructed with a 13-foot green space on either side. He reviewed the 14 points in the resolution drafted to detail the requirements for a subdivision agreement. Councilmember Humphrey asked if the downtown street design standards would apply and about a future signal at 147th Street and County Road 42? Mr. Welsch said the design standards are guidelines and have not been put into an ordinance to allow for flexibility. This situation is one where that flexibility may be beneficial. When traffic meets warrants for a signal it will be installed. It involves a County road so there will be a lag time in getting the necessary approvals. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 173 approving the preliminary plat of Carrollton Commercial Addition, as recommended by the Planning Commission, and directing preparation of a subdivision agreement incorporat- ing the 14 conditions listed. Ayes - 5 - Nays - 0. RES. 1990-173 CARROLLTON COML. PRELIMINARY PLAT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-174 approving a conditional use permit for outdoor display, storage and sales of landscape materials for Bach- man's on what will be Lot 1, Block 1, Carrollton Commercial Addition, as recommended by the Planning Commission. RES. 1990-174 BACHMAN'S CONDL. USE PERMIT The Council reviewed the site plan and Coun¢ilmember Humphrey asked if there will be room for sidewalk along the private street? Mr. Welsch said there is; it will not be constructed unless it comes under the terms of the subdivision agreement which would pertain to all streets in the development. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. Todd Bachman and Brian Cluts, the architect, were present and showed sketches of the building elevations. A pedestrian walkway is being provided through the site. There will be sidewalk on 147th Street and on County Road 42. Councilmember Holton asked if sidewalk should be included on the south and west side of the private road? Councilmember Humphrey said it should be on both sides of the road at some point in time. David Sellergren, representing the Winkler Estate, the property owner, said there will be sidewalk on 147th Street. Space is being provided for sidewalk along the private road, but will not be installed. It is not known now how the area will layout as it develops. They will work within the downtown design guidelines as appropriate. Councilmember Humphrey said a future sidewalk will have to be paid for either by Bachman's or the developer; not the City. CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 1990 Page 7 Councilmember Holton said he would like to have the sidewalk go in along the Bachman's side of the road now. Mr. Welsch said it was not spelled out because Winkler's plans for development standards have not been completed. Mayor Branning said until it is known what will develop on the outlot, the sidewalk probably cannot be addressed. Mr. Bachman said they have made provisions for either a public or a private road and would like the flexibility to work with either option. The Council agreed that sidewalk connections should be included on the east side of the site from County Road 42 to the parking lot, as well as from 147th Street. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-175 authorizing issuance of a building permit for Bachman's on what will be Lot 1, Block 1, Carrollton Commercial Addition, with nine conditions as outlined, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1990-175 BACHMAN'S BUILDING PERMIT BACHMAN'S PRELIM. REPORT TAEKWONDO NCC ZONING USE MOTION: of Savanick, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for utility improvements to serve the Backman's site in Carrollton Commercial Addition. Ayes - 5 - Nays - 0. The Council received a memo dated August 23, 1990, from Scott Hickok concerning a zoning opinion for a Taekwondo instructional site in a Neighborhood Convenience Center zone. It is not listed as a permitted use unless the Council would deem it to be similar to those permitted. Dave Youngman, who proposes to lease the former George's Market on the northeast corner of County Road 42 and Garden View, was present to explain his proposal. Classes would be limited to 10 to 12 students. The 50-minute classes would run from 4:00 p.m. to 9:00 p.m. Day care is a permitted use in this zone and he does not believe this would be a much different use. Mr. Melena noted that the parking lot for this building does not have any kind of island system or landscaping and asked if such conditions could be stipulated? Mr. Welsch said it is a nonconforming building under the current City Code. If the use were permitted, a text amendment with specific conditions should be prepared for a public hearing before the Planning Commission. Mayor Branning said he has concerns about putting an instructional use in a neighborhood center because the potential for expansion is there. Commercial space in areas where the use is permitted is available. The Council asked Staff to review the request further and come back with a recommendation at the September 6, 1990, meeting. Mr. Me]cna reminded the Council that the ribbon cutting ceremony for Cedar Avenue will be held on August 28, 1990, at 2:00 p.m. in the church of Christ parking lot, immediately south of County Road 46. CEDAR AVENUE RIBBON CUTTING CITY OF APPLE VALLEY Dakota County, Minnesota August 23, 1990 Page 8 MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 69758, 78836 through 78954, 78963 through 79048 and 79050 through 79096, in the total amount of $3,034,842.80. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:32 o'clock p.m.