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HomeMy WebLinkAbout02/09/1989CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 9th, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Holton and Savanick. ABSENT: Councilmembers Goodwin and Humphrey. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Associate Planner Hickok, Park & Recreation Director Johnson, City Planner Kelley, Building Official Miranowski, Planning Intern Plummer and Police Chief Rivers. Mayor Branning called the meeting to order at 8:05 p.m. He noted the death, on February 7, 1989, of John Natwick, former Lebanon Town Board Chairman. MOTION: of Savanick, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - O. APPROVE AGENDA AUDIENCE DISCN MID-WINTER FEST ACTIVITIES RES. 1989-21 PROCLAIM MID-WINTER FEST CONSENT AGENDA RES. 1989-22 PURCHASE SINGLE AXLE CAB CHASSIS RES. 1989-23 PURCHASE DUMP BODIES & PLOWS Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Holton, seconded by Savanick, approving activities scheduled for the 1989 Mid-Winter Fest, as described in Randy Quale's memo dated February 3, 1989; including a community dance, hot air balloon lift offs and snowmobiles in Alimagnet Park in conjunction with an ice fishing contest. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1989-21 proclaiming February 11 and 12, 1989, to be "Apple Valley Mid-Winter Fest '89" and urging all citizens to participate in the celebration. Ayes - 3 - Nays - O. MOTION: of Holton, seconded by Savanick, removing resolutions of denial on rezoning and consideration of condemnation to the regular agenda and approving all remaining items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-22 awarding the purchase of two Single Axle Cab Chassis to Boyer Trucks, the low bidder, in the net amount of $43,564.00. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-23 awarding the purchase of two Dump Bodies and Snow Plow Equipment to Midland Equipment Company, the low bidder, in the amount of $36,744.00. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1989 Page 2 MOTION: of Holton, seconded by Savanick, approving renewal of a gambling license for Apple Valley American Legion Post 1776, at 14521 Granada Drive, by the Minnesota Charitable Gambling Control Board and waiving the 60-day waiting period. Ayes - 3 - Nays - O. LEGION GAMBLING LICENSE RENEWAL CITY/COUNTY AGREEMENT CEDAR AVENUE CITY/COUNTY SIGNAL AGREEMENT CEDAR & 160TH PREPARE RING ROUTE PLANS RES. 1989-24 FINAL PLAT DIAMOND PATH 12 HUNTINGTON 2ND GRADING PERMIT HIRE PARTTIME EMPLOYEE MOTION: of Holton, seconded by Savanick, approving an agreement with Dakota County for County Project No. 23-24, Reconstruction of Cedar Avenue Between Whitney Drive and 160th Street, and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving an agreement with Dakota County for installation of a traffic signal at the intersection of Cedar Avenue and 160th Street, County Project 23-31, and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Savanick, directing the City Engineer to begin preparation of plans and specifications for con- struction of the "Downtown Ring Route", 147th Street-Pennock Avenue-153rd Street-Galaxie Avenue. Ayes - 3 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-24 approving the final plat and development agreement for Diamond Path 12th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving a grading permit · for part of Huntington 2nd Addition, located south of Diamond Path to be called Radcliff Townhomes, subject to a financial guarantee of $500 per acre and restricting crossing of heavy equipment on Diamond Path to one location, which surface must be replaced upon completion of grading. Ayes - 3 - Nays - O. MOTION: of Holton, seconded by Savanick, approving hiring the parttime employee listed in the Personnel Director's memo dated February 9, 1989. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA The Council received a letter dated February 7, 1989, from Gerald 138TH & CEDAR Duffy, representing Domestic Realty and Art Eaton with regard to a REZONING rezoning petition at 138th Street and Cedar Avenue. Councilmember Holton asked if the Council should proceed with a finding of denial, as directed January 12, 1989, in light of the letter requesting withdrawal and the court decision on another zoning matter? CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1989 Page 3 Mr. Sheldon said the action the Council took on January 12, 1989, effected denial of the rezoning and the finding of fact, now being considered, states the reasons for the denial. Acting on it would not prevent further discussion concerning the 1966 agreement requested in Mr. Duffy's letter. This rezoning petition was different from the one involved in the court decision in that it was not in compliance with the Comprehensive Plan and no development proposal was submitted with the rezoning. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1989-25 making a finding of fact and denying the rezoning petition, from RCL to M-3, on property located at the southwest corner of 138th Street and Cedar Avenue. Ayes - 3 - Nays - 0. RES. 1989-25 DENY REZONING 138TH & CEDAR Mr. Sheldon reviewed the circumstances related to acquisition of Out- GEORGIA DRIVE lot A, Feiner Addition, for extension of Georgia Drive. Councilmember EXTENSION Holton said he thought the City had an option to acquire the pro- perty and did not need to condemn. Mr. Sheldon said the option was executed by joint owners of the property. One owner executed a deed to the City, but the other owner is not available. Acquisition would require transfer by both owners. In addition, the owner who executed the deed is now disputing the legality of it. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-26 authorizing acquisition of Outlet A, Feiner 1st Addition, necessary for Georgia Drive extension, by negotiation, court order and/or condemnation. Ayes - 3 - Nays - 0. RES. 1989-26 ACQUIRE FEINER 1ST, OUTLET A STREET LIGHTING Councilmember Savanick said she is concerned about street lighting on County Roads and asked for clarification on what will be included with the Cedar Avenue reconstruction project. Mayor Branning called the public hearing to order at 8:25 p.m. to PUBLIC HEARING consider vacating a sanitary sewer easement in Apple Valley East VACATE EASEMENT and noted receipt of the affidavit of publication of the hearing A.V. EAST notice. Mr. Kelley said the easement was obtained before the area was platted. The easement was incorporated into the plat either as street right-of-way or common lot line easements. The original easement also contained errors such that it is complicating title work on the lots. It is recommended the old easement be vacated. There were no questions or comments and the hearing was declared closed at 8:27 p.m. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-27 completing vacation of the sanitary sewer and temporary construction easements, recorded as Document No. 43§462, in Apple Valley East and directing the Clerk to file the Notice of Completion. Ayes - 3 - Nays - 0. RES. 1989-27 COMPLETE VACATN. A. V. EAST PUBLIC HEARING ROLLING RIDGE STREET ACCESS Mayor Branning called the public hearing to order at 8:28 p.m. to consider amending the City's official map for a street alignment and park property and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley said the street alignment is requested CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1989 Page 4 for an additional access to Diamond Path Road for the northern area of Rolling Ridge, located west of Diamond Path School. By "officially mapping" the area, building permits could not be issued in conflict with the City's future acquisition of the property. Bruce Granos, 14362 Ebony Lane, asked when the street will be constructed? Mr. Kelley said when the School District vacates its offices and the property is developed. Mr. Melena said the City asked to have the street moved farther north so it could be constructed before the building is removed, but the School District would not agree. Mayor Branning asked what the timing is oh Rolling Ridge? Mr. Kelley said the approximately 40 acres will be platted at one time and is expected to be built over a period of two to three years. Mr. Granos said this plan does not satisfy the concerns of the citizens about additional traffic through other neighborhoods. Mayor Branning said the Council was concerned about providing another access also, but it is not possible. This is the only other alternative. Couneilmember Holton asked if the statistic of 10 vehicle trips per day is correct for a newer neighborhood? Mr. Kelley said it is an average and in a neighborhood with younger families there may be fewer trips. There Were no further questions and the hearing was declared closed at 8:37 p.m. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 432 amending City Code Sections 17-5 and 17-6 providing for the adoption of an official map to identify land needed for future public uses and prohibiting building on such land. Ayes ~ 3 - Nays - 0. ORDINANCE 432 OFFICIAL MAP ADOPTION ORDINANCE 433 AMEND MAP ACCESS TO ROLLING RIDGE MOTION: of Holton, seconded by Savanick, passing Ordinance No. 433 amending the official map of the City by incorporating into the map the survey, attached, of the area generally located west of Diamond Path Road at the 143rd Street alignment. Ayes - 3 - Nays - O. Bruce Maus, of Venstar Corporation, was present and reviewed plans VENSTAR for an office-warehouse facility on 149th Street, east of Johnny Cake OFFICE-WAREHOUSE Ridge Road. He said half of the building is leased and showed a sample of the precast exterior material which will be used on three sides. The back will be painted rib panel. Mr. Melena noted the project is being proposed without any request for assistance, tax increment financing, etc., from the City. The Council questioned the screening and appearance of the back of the building. Mr. Maus explained the landscaping and screening by the angle of the building to the west. MOTION: of Holton, seconded by Savanick, authorizing issuance of a building permit for Venstar 15 on Lot 3, Block 1, North Star Industrial Park, for an office-warehouse facility as recommended by the Planning Commission. Ayes - 3 - Nays - O. VENSTAR OFFICE-WAREHOUSE BUILDING PERMIT CITY OFAPPLE VALLEY Dakota County, Minnesota February 9, 1989 Page 5 Mr. Kelley reviewed a memo dated February 9, 1989, requesting a rul- CREMATORY USE lng on whether a crematory facility for small house pets would be INDUSTRIAL ZONE deemed a permitted conditional use in a General Industrial Zone under City Code Section A1-42(d)(6). An inquiry was made as to whether it would be allowed, but no formal application has been made. The Council referred it back to Staff for a report when appropriate. MOTION: of Holton, seconded by Savanick, authorizing the expenditure of up to $65,000 from the capital projects and equipment fund for special park improvements as requested in the Park Director's memo dated February 6, 1989. Ayes - 3 - Nays - O. APPROVE 1989 PARK PURCHASES Mr. Melena said a court decision has been received in the St. Croix CLOSE MEETING Development/Wellington Management, Palomino Ridge Townhouse, rezoning PALOMINO RIDGE matter and it is suggested the Council close the meeting to review LITIGATION it with the City Attorney. Mr. Sheldon said the Council is permitted to close the meeting, under attorney-client privilege, to discuss threatened or pending litigation. It may not take action while the meeting it closed nor discuss the issue outside of the closed session. The meeting was recessed at 9:05 p.m. and Mayor Branning, Councilmembers Holton and Savanick, Mr. Melena and Attorneys Jim Sheldon and Terry Durkin adjourned to a closed session in the conference room. The meeting reconvened in the Council Chambers at 9:50 p.m. In addition to those who had been in the closed session, City Clerk Mueller, City Planner Kelley and Building Official Miranowski were present. No members of the press were in attendance. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-28 directing the City Attorney to appeal the February 7, 1989, District Court decision in the matter of St. Croix Development/Wellington Management rezoning issue related to Palomino Ridge Townhouses. Ayes - 3 - Nays - 0. RES. 1989-28 APPEAL PALOMINO RIDGE DECISION BURNSVILLE 1-35W MEETING The Council received an invitation from the City of Burnsville to attend a meeting on February 15, 1989, to develop an "I-35W Crises Council" to address the 1-35W reconstruction issue. Mayor Branning and Councilmember Savanick will attend with Mr. Melena. Mr. Melena distributed copies of a letter from the Minnesota Depart- 140TH STREET ment of Transportation dated January 19, 1989, concerning speed limit SPEED LIMITS designations on 140th Street between County Road 11 and County Road 33. No change from the existing speed limit was authorized and there is no action necessary by the Council. Mayor Branning asked Staff to find out inconsistencies in speed limits on streets between Apple Valley and surrounding communities and what appeal process can be taken on Mn/DOT decisions. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1989 Page 6 MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 66269 through 66289, 66291 through 66392 and 66394 through 66409, in the total amount of $3,365,837 64. Ayes - 3 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 10:03 o'clock p.m.