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HomeMy WebLinkAbout03/09/1989CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 9th, 1989, at 8:00 oclock 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, Personnel Director Boland, Police Captain Erickson, Associate Planner Hickok, City Planner Kelley, Assistant Administrator Lawell, Building Official Miranowski, Fire Chief Tuthill and Planning & Development Director Welsch. Mayor Branning called the meeting to order at 8:05 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 FEB. 23, 1989 MINUTES MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of February 23rd, 1989, as written. Ayes - 5 - Nays - 0. 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. Dan Greeley, NUISANCE VEHICLE 8105 West 129th Street, said his neighbor appears to be running an auto sales and reclamation businems on his lot. He has complained about this before and nothing has changed. He showed pictures of the property and asked if some action can be taken. Mayor Branning said he was aware of the situation and it had been referred to the attorney. Mr. Sheldon said he has recently given the Council background infor- mation on this problem. Mr. Melena said a draft ordinance could be prepared, from this information, for review at the next meeting. The Council concurred. Mayor Branning introduced Leonard and Helen Zirk, 921 Beacon Lane, and MAYOR'S AWARD presented the "Mayor's Award" to them. On the morning of February 19, MR. & MRS. ZIRK 1989, they were driving past a house at 984 Cortland Drive and saw smoke. They stopped, woke the family and contacted the Fire Department. The Council expressed appreciation for their willingness to help others in the community. MOTION: of Holton, seconded by Savanick, adding a traffic signal agreement to the consent agenda, removing Housing Revenue Bond Application and agreements with Scout Troops to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 1989 Page 2 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-42 approving the final plat and development agreement for Morningview 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-43 approving the final plat and development agreement for Shannons Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, accepting Projects 87-272, Shadow Estates, and 87-269, Fosters Addition, as final and authorizing final payment on the contract with Albrecht Excavating in the amount of $2,572.50. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, accepting Project 87-264, Huntington Trunk Improvements, as final and authorizing final payment on the contract with Albrecht Excavating in the amount of $11,057.98. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-44 receiving the preliminary engineering report on Pro- ject 89-325, Acorn Hill Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. April 13, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-45 approving an agreement with Dakota County for Federal Aid Funds on the Cedar Avenue Reconstruction project and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-46 approving Dakota County plans for Cedar Avenue Reconstruction from 153rd Street to 160th Street. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-47 supporting legislation which would continue transfer of Motor Vehicle Excise Tax to the State Highway User Distribution Fund. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-48 supporting legislation which would eliminate the rebate requirement for excess police pension aid by cities and counties. Ayes ~ 5 - Nays - O. MOTION: of Holton, seconded by Savanick, approving an agreement with Donna Solomonson for right-of-way for Georgia Drive, Project 88-267, and authorizing payment of $9,500.00 for the property. Ayes - 5 - Nays - O. RES. 1989-42 FINAL PLAT MORNINGVIEW 5TH RES. 1989-43 FINAL PLAT SHANNON'S ADDN. FINAL PAYMENT PROJ. 87-272 & 87-269 FINAL PAYMENT PROJ. 87-264 RES. 1989-44 SET HEARING PROJ, 89-325 RES. 1989-45 CEDAR FEDERAL AID AGREEMENT RES. 1989-46 CEDAR PLANS RES. 1989-47 MOTOR VEHICLE TAX USAGE RES. 1989-48 EXCESS PENSION AID REBATE SOLOMONSON GEORGIA DRIVE RIGHT-OF-WAY CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 1989 Page 3 MOTION: of Holton, seconded by Savanick, approving a dance permit, subject to two police officers being present, temporary on- sale liquor license and temporary on-sale 3.2 beer license for Apple Valley Hockey Association on April 1, 1989, at Apple Valley Community Center. Ayes - 5 - Nays - 0. HOCKEY ASSN. DANCE, BEER & LIOUOR LICENSES RES. 1989-49 ADDL. DEPOSITORY CHAMBER OF COMMERCE EXP. CHANGE ORDER 3 PROJ. 85-236 RES. 1989-50 PLAT WAIVER GALAXIE PARK 3RD HIRE PARTTIME EMPLOYEES SIGNAL AGREEMENT PILOT KNOB & 160TH STREET HRA LETTER PALOMINO EAST APARTMENTS MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-49 amending Resolution No. 1989-4 by designating Bear, Stearns & Company as an additional depository for City funds. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, authorizing expenditures, requested by the Apple Valley Chamber of Commerce, of $3,000.00 for participation in printing the annual brochure and $280.00 per month for printing and mailing it's newsletter. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving Change Order No. 3 to the contract with Lovering Associates, Inc., for Project 85-236, Water Treatment Plant, in the amount of an additional $8,333.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-50 granting a temporary waiver of platting for Galaxie Park 3rd Addition property. Ayes - 5 - Nays ~ O. MOTION: of Holton, seconded by Savanick, approving hiring the parttime and seasonal employees listed in the Personnel Directorfs memo dated March 9, 1989. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, approving an agreement with Dakota County and the City of Lakeville for a temporary signal at the intersection of Pilot Knob Road and 160th Street and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, authorizing sending a letter to the Dakota County HRA on the Housing Revenue Bond Application for Palomino East Apartments stating the City has no comment at this time because approval of the project has lapsed. Ayes - 5 - Nays - 0. Mayor Branning noted that members of Boy Scout Troop 205 were in at- BOY SCOUTS/ tendance. He read several letters they had given to him concerning RECYCLING recycling. Mr. Lawell said, at this time, five different troops have agreed to distribute household recycling containers throughout the City. They will begin on March 18th and should be finished by March 27th. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 1989 Page 4 MOTION: of Holton, seconded by Savanick, approving agreements with Boy Scout Troops 227, 290, 204, 293 and 499 to distribute household recycling containers to residences in the City for a fee of $.50 each and authorizing the Mayor and Clerk to sign the same~ Ayes - 5 - Nay~ - O. SCOUT RECYCLING CONTAINER AGREEMENTS Mr. Malena reviewed revised assessments and fees for Apple Valley PROJ. 89-316 Apartments (Water Park Apartments) at 140th Street and County Road APPLE VALLEY 11. The developer has agreed subject to the City specially assessing APARTMENTS increased SAC charges, due to providing laundry hook-ups, the developer constructing pathways, trunk storm sewer charges calculated on an area of 8.29 acres and spreading the assessments over a term of 15 years. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-51 ordering installation of Project 89-316, Apple Valley Apartments Storm Sewer, with the conditions and revisions as agreed to in the letter from Joseph Christensen dated March 7, 1989, and amending the development agreement to provide for these changes. Ayes - 5 - Nays - 0. RES. 1989-51 ORDER PROJ. 89-316 RES. 1989-52 PLANS & SPECS. PROJ. 89-316 EAGLE RIDGE 3RD PRELIMINARY PLAT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-52 directing the City Engineer to prepare plans and specifications for Project 89-316. Ayes - 5 - Nays ~ O. MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Eagle Ridge 3rd Addition, located south of Greenleaf Elementary School, including variances, as recommended by the Planning Commission, and directing preparation of a development agreement. Mayor Branning asked if all three existing houses on the property will remain and if the curve in the northern street (135th Street) can be reduced? The developer said they intend to improve the exteriors of the houses, to make them blend in with new houses, and resell them. The curve in 135th Street results from the location of the existing house on the north side. Mr. Melena said the western end of the street could be brought farther south to reduce the curve. MOTION: of Savanick, seconded by Holton, amending the motion by requiring sidewalk on both sides of 135th Street, in addition to Garrett Avenue, and straightening the curve in 135th Street. AMEND MOTION 135TH SIDEWALKS & CURVE The developer said 135th Street is in a later phase of the development; intended to start in 1990 and be completed in 1991. Could they meet with the School and explore the possibility of their path sxtending to the property instead of additional sidewalks? The Council said if they should decide to move a house, they could come back for an amendment. Councilmember Humphrey said he would like to see the road straightened, but he does not see the need for sidewalk on 135th Street. Vote was taken on the amendment. Ayes - 4 - Nays - 1 (Humphrey) CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 1989 Page 5 Vote was taken on the motion as amended. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, directing the City Engineer to prepare a preliminary feasibility report for Eagle Ridge 3rd Addition Utility and Street Improvements. Ayes - 5 - Nays - O. EAGLE RIDGE 3RD PRELIM. REPORT A.V. THEATER SIGN VARIANCE DENIAL MOTION: of Holton, seconded by Goodwin, denying a request from Apple Valley Theater for a sign variance to allow sequentially flashing lights around the marque panels as recommended by the Planning Commission. Mr. Kelley noted the City Code allows the lights to be on, but they may not flash. Councilmember Savanick said there are problems with other readerboard signs in the City that also flash or blink and the Code should be enforced. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 53 approving plans and specifications for Project 88-313, Rolling Ridge Utility and Street Improvements, and advertis- ing for bids to be received at 2:00 p.m. on April 7, 1989. RES. 1989-53 TAKE BIDS PROJ. 88-313 Councilmember Savanick questioned the locations of pathways and whether they would accommodate emergency vehicle access. Mr. Gordon reviewed them. Councilmember Savanick questioned a means to allow emergency vehicle access, but not other vehicles. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, passing Ordinance No. 437 amending Chapter 1 of the City Code by adding Section 1-12 providing for City Council designation of employees and officers authorized to issue citations. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1989-54 designating the specific employees and officers authorized to issue citations as provided by City Code Section 1-12. Ayes - 5 - Nays - 0. ORDINANCE 437 AUTHORITY TO ISSUE CITATIONS RES. 1989-54 DESIGNATE ENFOR- CEMENT AUTHORITY The Council received and reviewed a memo dated February 9, 1989, from Scott Hickok outlining the procedure by which staff will gain compliance in Code applications and keep concerned parties informed. Mr. Melena reviewed the a memo dated March 9, 1989, from Scott Hickok A.V. BUSINESS concerning uses in Apple Valley Business Center (Linvill Buildings). CENTER USES This area is under Planned Development No. 409 which defines the mix of general, retail and limited business uses allowed. Mr. Welsch said issues which have arisen include determining which category a tenant is, how the space that tenant uses is calculated and how changes in tenants will be monitored unless a permit is required. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 1989 Page 6 Mr. Welsch said the current mix of tenant uses is consistent with the code. The Council reviewed different combinations of potential uses which could occur and concurred this should be scheduled on a work session for further discussion. Mr. Welsch reviewed his memo dated March 6, 1989, concerning shore- SHORELAND land development issues. In connection with future gravel reclamation DEVELOPMENT areas, three alternatives for open space and parks were prepared. The ISSUES Council adopted Alternative 1 (park along all shorelands and a road system separating park from private land ownership) on February 23, 1989. Jerry Duffy, representing gravel operators, was present and asked to comment on the policy. He said discussions of a man-made lake in an end use plan, for the area south of County Road 42, came up as a way to provide storm water ponding and additional gravel excavation. The City is now requesting a l00-acre lake in addition to park and ponding requirements. They believe this is too large of a dedication requirement and they will not agree to a lake if that is required. This would take 35 percent of the area as opposed to 15 percent required otherwise. Because several operators are involved and they do not need a lake to remove gravel, they will not agree to the proposal. They could agree to Alternative 3 with some compromise (parks isolated from each other along the shorelina, but connected by a parkway road system set back from the lake to allow for private lakeshore property). Mr. Melena said there is some confusion about the number of acres involved and understood it was 1,400 acres. Mr. Dully said the property under consideration, without the Nordic Square operation, is closer to 1,000 acres. Mr. Welsch said the lake area was to be considered as part of the park/open space, estimated at a total of 200 to 210 acres. Mayor Branning said if a lake is going to be developed, he will not make a decision to allow residential around it now. It will be 20 or 30 years before that happens and the option to maintain the park/open space should be there. Councilmember Holton concurred. Mr. Duffy said his clients do not need a lake to mine gravel and could develop without it. Mr. Melena asked if there would be a problem with designating 100 to 150 acres in one area on the end use plan for the City's total dedication and let the City develop it? John Shardlow said he is preparing the end use plan for the operators. The EIS is based on 1,211.57 acres, total, with 47 acres of right-of-way. Ten percent would be 116 acres and 15 percent is 174.56 acres. The lake is currently proposed as 177 acres and there has been talk of dedicating an additional 10 percent of usable land around the lake. If they can work with 15 percent total, that would be different. Mr. Melena said the City is not designing the lake and a 177-acre lake is not the City's decision. CITY OF APPLE VALLEY Dakota County, Minnesota March 9, 1989 Page 7 Mr. Duffy said 77 acres of the lake are already in the Nordic Square proposal. The 1,211 acres includes the Nordic operation. They are willing to talk as long as they are not bound to 100 percent of the lake being publicly owned. Mr. Welsch said the Planning Commission discussed issuing a moratorium on gravel permit applications until the overall revised gravel ordinance is completed. Mr. Melena suggested that parameters should be established before any action is taken on a moratorium. Mr. Sheldon said any application for gravel mining south of County Road 42 would require a Comprehensive Plan amendment. This would be a significant issue for the Council and involve some time to review. Bob Erickson, Rick Carlson and Virginia Sterling, of the Planning Commission were present. Mr. Erickson said the Planning Commission passed this resolution because the City is in the middle of several updates and reviews. It does not want to see an application come in now which would throw in a monkey wrench and create an argument over which ordinance applies. Mr. Carlson concurred that the concern is which ordinance would apply; the current one or the new one. If there are some safeguards built-in, whats wrong with a moratorium? Mr. Sheldon said there would probably be an argument over which ordinance applies, but any Comprehensive Plan change should not be approved until the ordinance is completed. It is unlikely that a court would overturn the City's action in that case. Mr. Melena said staff believes there are controls in place for the City and has been working with the gravel operators, however, some clarification on direction is needed; possibly further discussion at an informal meeting. Mr. Duffy concurred there has been movement on both sides and said they would continue working with staff. Councilmember Holton said he concurs with the Planning Commission recommendation to institute a moratorium until a new gravel excavation ordinance is completed. MOTION: of Savanick, seconded by Humphrey, directing staff to investigate whether a moratorium on acceptance of sand and gravel mining applications is recommended and report back to the Council by April 13, 1989. Ayes - 4 ~ Nays - 0 (Holton Abstained). INVESTIGATE SAND & GRAVEL MORATORIUM SET INFORMAL MEETINGS CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, setting informal meetings at City Hall on March 23, 1989, following the regular meeting and on March 30, 1989, at 6:00 p.m. Ayes - 5 - Nays ~ 0. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 66667 through 66691, 66693 through 66700, 66705 through 66798, 66809 through 66872, 66874 and 66876 through 66892, in the total amount of $2,645,978.68. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:00 o'clock p.m.