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HomeMy WebLinkAbout02/23/1989CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 23rd, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin (attended at 8:05 p.m.), Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Project Engineer Aune, Personnel Director Boland, City Planner Kelley, Assistant Administrator Lawell, Street Superintendent Ling, Building Official Miranowski, Police Chief Rivers, Fire Chief Tuthill and Planning & 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 Humphrey, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA FEB. 2, 1989 MINUTES FEB. 9, 1989 MINUTES MOTION: of Savanick, seconded by Holton, approving the minutes of the special meeting of February 2nd, 1989, as written. Ayes - 3 - Nays~- 0 (Humphrey Abstained). MOTION: of Holton, seconded by Savanick, approving the minutes of the regular meeting of February 9th, 1989, as written. Ayes - 3 - Nays - 0 (Humphrey Abstained). Councilmember Goodwin attended at this time. Mayor Branning asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. There was no one present to speak. Mayor Branning noted that members of both a Boy Scout and Girl Scout Troop were present to observe the meeting. MOTION: of Humphrey, seconded by Goodwin, adding transfer of an employee to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA RES. 1989-29 TAKE BIDS TRACTOR & LOADER RES. 1989-30 TAKE BIDS PROJ. 88-295 CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-29 approving specifications for a Four-Wheel Drive Industrial Tractor with Loader and authorizing advertising for bids to be received at 2:00 p.m. on March 14, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-30 approving specifications for Project 88-295, Pump and Motor Conversions for Eight Wells, and authorizing advertis- ing for bids to be received at 2:00 p.m. on March 17, 1989. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-31 establishing a land use policy to preserve shoreland public open space adjacent to manmade lakes as part of the public park and open space dedication required. Ayes - 5 - Nays -0. MOTION: of Humphrey, seconded by Goodwin, granting a grading permit for the Rolling Ridge subdivision. Ayes - 5- Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-32 approving the final plat and development agreement for Broner Woods and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-33 approving a special use permit for "Bobs Plants to Go" at Menards from April 1, 1989, through July 1, 1989. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, granting a setback variance to allow construction to within three feet of the rear lot line for a swimming pool on Lot 15, Block 5, Farquar Hills (13647 ~Elkwood Drive), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a 1989 Joint Powers Agreement for the South Metro Task Force, with Dakota County and the Cities of Burnsville, Eagan and Lakeville, and authorizing the Mayor and Clerk to sign the same. Ayes 5 Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to .the contract with Keys Well Drilling for Project 88-303, Deep Well No. 14, in the amount of an additional $1,630.00. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-34, establishing 1989 Council and Staff Goals resulting from the January 27, 1989, goal setting session. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving hiring the parttime employees listed in the Personnel Director's memo dated February 23, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the promotional transfer of Elaine Hammonds to the fulltime position of Police Dispatcher. Ayes 5 - Nays - 0. RES. 1989-31 SHORELAND PUBLIC LAND POLICY GRADING PERMIT ROLLING RIDGE RES. 1989-32 FINAL PLAT BRONER WOODS RES. 1989-33 SPECIAL USE BOB~S PLANTS SETBACK VARIANCE 13647 ELKWOOD SOUTH METRO J.P. AGREEMENT CHANGE ORDER 1 PROJ. 88-303 RES. 1989-34 1989 GOALS HIRE PARTTIME EMPLOYEES HAMMONDS TRANSF. TO DISPATCHER END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 3 Mayor Branning called the public.hearing to order at 8:08 p.m. on PUBLIC HEARING Project 88-313, Rolling Ridge Utility and Street Improvements, and PROJ. 88-313 noted receipt of the affidavit of publication of the hearing notice. ROLLING RIDGE Mr. Gordon reviewed the preliminary engineering report. The improve- ments are proposed to be constructed to allow for a future street connection to Diamond Path at approximately the 143rd Street alignmentl Councilmember Savanick asked where sidewalks and street lights will be installed? Mr. Gordon said both sides of 144th Street will have sidewalks and one side of Drake Drive will have a sidewalk. Mr. Kelley said street lights are not part of these improvements, but put in by the developer. They are put in at intersections, the ends of cul de sacs and at approximately 300-foot intervals along streets. Councilmember Savanick asked that lighting be extended all the way along 144th Street to the school. There were no further questions and the hearing was declared closed at 8:15 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 35 ordering installation of Project 88-313, Rolling Ridge Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1989-35 ORDER PROJ. 88-313 RES. 1989-36 PREPARE PLANS PROJ. 88-313 PUBLIC HEARING PROJ. 89-317 134TH STREET MOTION: of Holton seconded by Goodwin, adopting Resolution No. 1989- 36 directing the City Engineer to prepare plans and specifications for Project 88-313. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:16 p.m. on Project 89-317, 134th Street Improvements in Knottywoods, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report and noted this is one of three gravel roads remaining in the City. Utilities have been previously installed in this area, unlike the other two areas. Mr. Ling distributed infor- mation on the annual cost of maintaining gravel roads. Mr. Gordon noted that based on these costs, the cost of improving the street would be paid back in about 12 years. The logs abutting the street are proposed to be assessed, including the City because it uses the street for access to its lift station. If Lot 25 were to take access from 134th Street rather than Pilot Knob Road, it should be included in the assessments. Wilton Anderson, 5441 West 134th Street, asked for clarification on the proposed assessments; he understood the cost was to be divided by five. Mr. Gordon said, after reviewing the lots, there are six separate tax parcels which abut the street. Including the City as one share of the cost, he would recommend dividing the cost by seven. Another option would be to assess the cost based on front footage. Richard Matykiewicz, 5444 West 134th Street, asked why snow plowing costs more for a gravel road? Mr. Ling said in spring and fall, when the ground is not frozen, the plows will push the gravel off the road and it then has to be replaced. If the blade were raised, it would not do an acceptable job of plowing. There are also usually frost boils in the road which have to be repaired every year. The proposed improvements would also correct water run-off problems. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 4 Mr. Anderson said he has lived there 27 years and the maintenance done by City employees has been good. There have been some problems when the City has used outside contractors not familiar with the street. He looks at the street as an extension of their driveways and does not want it improved. Robert Goering, 5491 West 134th Street, questioned maintenance costs and said the City could pay the cost of blacktopping if it wants to use the street. Mr. Gordon said the cost of maintaining a gravel road, over and above maintenance on a black- top street, is estimated at $3.98 per foot or $1,751.00 per year for this street. The total cost for all three gravel roads is estimated at $21,320.00 per year. Mr. Matykiewicz submitted a letter, dated February 21, 1989, signed by the property owners, opposing assessment to-them for the cost of ths improvements. Councilmember Savanick asked if the full $21,000 would be saved if all the gravel roads wero paved? Mr. Ling said there is still some maintenance on a paved street including seal coating about once every seven years. The life of a paved street is estimated at 20 years and the costs are much reduced. Councilmember Savanick asked if senior Citizen deferment of special assessments is available? Mr. Melena said the ordinance allows persons aged 65 or over, at the time the assessment is levied, to defer payment on homestead property. Mr. Anderson sail he would not want the road paved even if the City paid the cost. Mr. Goering said they not only want to keep it gravel, they would like the name changed back to Knottywoods Lane. Mr. Melena said one option the City has is to vacate the right-of-way, keep an easement for access to its lift station, and give the road back to the residents to maintain. Councilmember Goodwin said he is concerned that everyone else in the City is helping pay the additional cost of maintaining this street for very few residents. Other lots have.paid for their paved streets, but the general taxes are paying for this maintenance. Councilmember Holton concurred that City policy has been for everyone to pay a fair share of the cost of services. Councilmember Savanick asked if this road gives access to any other property, should the other gravel roads be addressed at this time and what about a City deferment? Mr. Gordon said the property west of it is already developed and does not use this access. Mr. Melena said the City can only defer assessments on unimproved property. Mayor Branning said the purpose of this hearing is to determins whether there is a need for the road and whether it should be put in. The assessment question is a separate issue. The first time improvements were considered for the Woods area, it would have cost $7,000 to $8,000 per lot. Now they are being installed at a cost of $13,000 per lot. Eventually these improvements will have to be made. Mr. Matykiewicz asked if there is a time table on when utilities will be installed in the other areas with gravel roads and could this street wait and be done then? Mr. Gordon said there is no schedule for the other areas. Because 134th Street only requires surfacing, there is no reason to tie it to the other areas. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 5 Mr. Goering said 132nd Street, on the north side of Long Lake, should be more of a concern to the City because of sewer problems, etc. Mayor Branning said when the costs of maintenance become equal to replacement, the Council has asked Staff to inform them of it. This has been brought to the Council now and it has to make the decision. Mr. Anderson said they did not object to installing sewer and water in 1975 and some consideration should be given for that. There were no further questions or comments and the hearing was declared closed at 8:50 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 37 ordering installation of Project 89-317, 134th Street Improvements in Knottywoods. RES. 1989-37 ORDER PROJ. 89-317, 134TH ST Councilmember Savanick asked if the extra cost of maintenance could be assessed to the property owners every year like Lakeville does and should this be tabled, for two weeks, for more discussion? Mr. Melena said Lakeville obtained special legislation to allow it do that. Councilmember Humphrey asked if any of the property owners are eligible for "over 65" deferment and if the unimproved lots could have assessments deferred? There is no one over 65 years of age. Mr. Sheldon said the maximum term of an assessment can be 30 years.~ If the assessment term is 15 years, it could be deferred for up to 15 years on the unimproved lots. Mr. Anderson said he is opposed to the paving. The proposed seven-way cost sharing would require him to pay the biggest share because he owns three tax parcels. He believes the original five-way cost sharing should be used. Councilmember Goodwin said he understands the policy of providing equal services to everyone, but if the gravel road is costing more, could some maintenance be cut back? Mr. Ling said it would always require replacement of some gravel each year. Councilmember Savanick said she will not support this project because all of the property owners are opposed to it. Until there is a uniform policy on improving the other gravel roads, she will not support it. She asked when Pilot Knob Road will be upgraded and if the cost will be assessed? Mr. Gordon said it is not in the five-year County CIP at this time. Policy has been not to assess County road improvements on residential property. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). Mayor Branning asked for a recommendation on assessing the costs. Mr. Gordon said he recommends splitting the cost equally seven ways (one share for each of the six tax paccels and one share for the City) with deferral available for the two undeveloped lots. Mr. Anderson asked how his neighbors feel about this? Mr. Goering said he is against the road entirely. Mr. Matykiewicz said he would prefer this. Mayor Branning said the majority of the residential lots in the City has been assessed on a per lot basis and he believes this is the fairest. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 6 Mr. Goering asked if Mr. Matykiewicz's other lot (Lot 25) will have access to Pilot Knob Road? Mr. Gordon said it does not have access to 134th Street, but Pilot Knob access has to be determined by the County. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 38 directing the City Engineer to prepare plans and specifi- cations for Project 89-317. Ayes - 4 - Nays - 1 (Savanick). RES. 1989-38 PLANS & SPECS. PROJ. 89-317 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-39 ordering installation of Project 89-315, Guild Avenue Extension to 140th Street. RES. 1989-39 ORDER PROJ. 89-315, GUILD Mayor Branning said he does not want this project to be a precedent; where the City is putting in utilities and streets without a development proposal approved. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Branning). MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-40 directing the City Engineer to prepare plans and specifications for Project 89-315, with the additional cul de sac, as requested by the property owner. Ayes - 4 - Nays - 1 (Branning). RES. 1989-40 PLANS & SPECS. PROJ, 89-315 MOTION: of Holton, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report on Project 89- 224, Construction of 153rd Street for 300 feet East of Cedar Avenue. 153RD STREET PRELIM. REPORT Councilmember Holton asked if the street should be straight? Mr. Gordon said the developers would prefer the layout shown on the sketch. Mayor Branning said any curve in the street should be far enough away from Cedar Avenue so it is not apparent when traffic turns onto 153rd. He would like assurance that what is designed will not be a mistake and will have the gentlest curve possible. Mr. Gordon said this street will be 52 feet wide, not like 147th Street. with a textured median. He was intending that the curve be designed for 45 m.p.h., but it could be shown with an optional 50 m.p.h, curve for the Council to consider. Vote was taken on the motion. Ayes - 5 - Nays - O. Mayor Branning noted that consideration of a conditional use permit DICK'S MOBIL for Dick's Valley Mobil was removed from the agenda at the request of CONDITIONAL USE the petitioner. The petitioner will be submitting a different proposal. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 434 ORDINANCE 434 rezoning the property known as Gangl's Estates (west of REZONE Galaxie at 130th Street) from R-lA to R-lC as recommended by GANGL'S ESTATES the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 7 MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Gangl's Estates (west of Galaxie at 130th Street) and directing preparation of a development agreement, as recomme- nded by the Planning Commission. Ayes - 5 - Nays - 0. GANGL'S ESTATES PRELIMINARY PLAT ORDINANCE 435 REZONE ACORN HILL MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 435 rezoning the property known as Acorn Hill (west of Galaxie and north of 130th Street) from R-IA to R-lC as recommended by the Planning Commission. Councilmember Savanick asked if a path could be constructed along Galaxie Avenue at this time, instead of escrowing funds, to Greenleaf School? Mr. Kelley said until the remaining property between 132nd and 127th Streets develops, the construction would be quite difficult and more costly. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Acorn Hill (west of Galaxie and north of 130th) and directing preparation of a development agreement as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. ACORN HILL PRELIMINARY PLAT ACORN HILL ENG. REPORT MOTION: of Holton, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Acorn Hill. Ayes - 5 - Nays ~ 0. Mr. Kelley reviewed the Planning Commission recommendation on a pro- UNITED/CENTEL posed preliminary plat and building permit for an office/warehouse OFFICE/WAREHOUSE south of 151st Street and east of Galaxie Avenue. The facility will be constructed as a service center building for Centel. The street is constructed along the property; however, the City Attorney is attempting to resolve the easement for 151st Street. Dale Glowa, of United Properties, the developer, was present and described the outdoor storage area. A variance for a graveled area is requested because heavy spools and trucks will be stored there. It will be surrounded by an eight-foot high cyclone fence with weaving in it for screening. The issue of the street easement is a major problem because Centel needs to occupy the building by September 1st. If the City is unsuccessful in getting the easement, they would like assurance it will proceed with condemnation. The Council questioned whether weaving should be used in the fence and its maintenance. It was suggested screening similar to Menardts, evergreen trees or vines be used. Mr. Glowa said he would look at these alternatives, but felt evergreen trees would be too expensive. Mayor Branning reviewed the building materials. Mr. Melena asked if brick accent could be used on the building? Mr. Glowa said economics would preclude that because they are on a very tight budget. They will use color impregnated scored and split faced concrete block; not painted block as stated in the report. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 8 MOTION: of Goodwin, seconded by Holton, approving a one-lot preliminary plat, located south of 151st Street and east of Galaxie Avenue, (Galaxie Park 3rd Addition) and directing preparation of a development agreement, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GALAXIE PARK 3RD UNITED/CENTEL PRELIMINARY PLAT UNITED/CENTEL BUILDING PERMIT & VARIANCE MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for United/Centet, south of 151st Street, and granting a variance to allow outdoor storage on a gravel surface with 1 1/2 rock at a depth of two to three inches, as recommended by the Planning Commission, subject to screening acceptable to the City. Ayes - 5 - Nays - O. Mr. Kelley reviewed a proposed ordinance revising performance stand- PERFORMANCE ards which pertain to multiple residential, commercial, industrial STANDARDS and institutional zones. He noted these are intended to be interim standards until an inventory of existing uses in these categories is completed. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 436 amending Appendix A of the City Code by creating additional performance standards for building and landscape materials and permitted and conditional uses in multiple, commercial, industrial and institutional zones as drafted with a further definition of natural and manufactured wood products, a requirement for underground or attached garages for multiple residential and conditions under which metal roofs are permitted. Ayes - 5 - Nays - 0. ORDINANCE 436 INTERIM ZONING PERFORMANCE STANDARDS As part of applying these standards, Mr. Welsch asked for clarifica- RING ROUTE tion on what is to be included in and adjacent to the downtown ring DEFINITION route. The Council agreed it is all property abutting both sides and within the area bounded by 147th Street, Pennock Avenue, 153rd Street and Galaxie Avenue. MOTION: of Humphrey, seconded by Savanick, authorizing City Staff to finalize negotiations for leasing a site for Liquor Store No. 1 in Apple Valley Center, as detailed in the City Administra- tor's memo dated February 17, 1989, including working with the consultant, a traffic engineer, architectural firm and interior designer. NEGOTIATE LIQUOR STORE LEASE Councilmember Goodwin asked who would pay for improvements to the property? Mr. Melena said the City would pay for interior improvements, estimated at $250,000. The shopping center owner would pay for exterior improvements. Councilmember Goodwin said he believes a permanent location for the store should be tied down and he does not agree with an interim move. Councilmember Humphrey said he believes, realistically, the store would be there for 10 years. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Goodwin). CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1989 Page 9 MOTION: of Humphrey, seconded by Branning, appointing Howard Weldon to fill a vacancy on the Planning Commission for a term expiring March 1, 1992. APPOINT WELDON PLANNING COM. TABLE - FAILED MOTION: of Savanick, seconded by Holton, tabling the item for two weeks. Ayes - 2 (Holton and Savanick) - Nays - 3 (Branning, Goodwin and Humphrey). Motion Failed. Vote was taken on the original motion. (Savanick Abstained). Ayes - 3 - Nays - 1 (Holton) MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1989-41 reappointing Virginia Sterling to the Planning Commission for a term expiring March 1, 1992, and reappointing all current members of the Cable TV, Historical, Parks and Recreation and Urban Affairs Committees for terms expiring March 1, 1991. Ayes - 5 - Nays - 0. RES. 1989-41 APPOINT STERLING & COMMITTEES Mr. Lawell reviewed the current time schedule on the recycling pro- RECYCLING UPDATE gram. A letter from the Mayor and a brochure will be mailed to residents the week of March 6th. The program is set to begin March 27th. Bins will be delivered to homes March 18th and 19th. A troop of Boy Scouts will be doing distri- bution in the area east of Johnny Cake Ridge Road. Another troop has expressed interest and he will be talking with them. The Council received a memo dated February 23, 1989, from Fire Chief FIRE REPORT Tuthill concerning a house fire on February 19, 1989, at 984 Cortland Drive South. He suggested the Council may want to consider special recognition for the individuals who reported the fire and warned the family. MOTION: of Holton, seconded by Goodwin, authorizing presentation of the "Mayors Award" to Leonard and Helen Zirk for their efforts in reporting a house fire on February 19, 1989. Ayes - 5 - Nays - 0. MAYOR'S AWARD CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 66419 through 66476, 6678 through 66484, 66486 through 66545 and 66555 through 66658, in the total amount of $2,765,997.32. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:48 o~clock p.m.