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HomeMy WebLinkAbout07/28/1988CITY OF APPLE VALLEY Dakota County, Minnesota JulY 28, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 28th, 1988, at 8:00 o'clock p.m. at City Hall. · PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: Assistant Administrator Lawell, City Clerk Mueller, City Attorney Sheldon, Police Lieutenant Erickson, City Engineer Gordon, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley 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 Savanick, seconded by Humphrey, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving the minutes of the JULY 14, 1988 meeting July 14th, 1988, as written. Ayes - 5 - Nays ~ 0. MINUTES Mayor Branning asked if any one was present to address the Council at AUDIENCE DISGN. this time on any item not on this meeting's agenda. Dr. Albert Hoff, PILOT KNOB/ 12969 Diamond Path, said during the week of July 20th there were three DIAMOND PATH serious accidents at the intersection of Diamond Path and Pilot Knob INTERSECTION Road. The roads have 50 mile per hour speed limits and few people realize it is a four-way intersection. The old three-way intersection sign is still in place and there is construction equipment along the road contributing to poor visibility. Play equipment has been installed in the park on Diamond Path now and children are going to be crossing the road more often. Lt. Erickson said he and Mr. Gretz will be meeting with the County Highway Engineer tomorrow to see what steps can be taken until the road is improved in 1990. Dr. Hoff asked if the area could be taken on as a special "accident reduction area" as is done in some cities? Lt. Erickson said they could discuss this with the County. Councilmember Savanick asked that reducing the speed also be discussed and the turn lane area onto Dorchester Trail from Pilot Knob be reviewed. Scott Nelson, representing Valley Athletic Association, presented a check to the Mayor for $3,000 for the purchase of an athletic field line painter. The Council thanked the organization for the donation. V.A.A. DONATION CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, adding tabling of Palomino Ridge Townhomes until August 25, 1988, and adoption .of the Capital Improvements Program to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 2 CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-114 awarding a contract for Project 88-284, Water Treatment Plant Utilities, to Richard Knutson, Inc., the low bidder, in the amount of $806,078.53. Ayes - 5 -Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-115 awarding a contract for Project 88-298, Huntington 2nd Addition Trunk Utilities, to Austin Keller Construction, the low bidder, in the amount of $174,665.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 4 to the contract with CECA Utilities for Project 85-228B, 132nd Street Utilities, in the amount of an additional $1,840.00. Ayes - 5 -Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with Braun Turf Farms for the Eastern Athletic Complex Seeding and Sodding in the amount of an additional $4,500.00. Ayes ~ 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, accepting Project 87-275, Royal Oaks and Salem Woods Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $2,670.56. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 85~228B, 132nd Street Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $1,747.03. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, accepting Redwood Community Center Remodeling as final and authorizing final payment on the contract with Fullerton Lumber Company in the amount of $1,930.68. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-116 receiving the preliminary engineering report for Project 88-300, Zoo Water Main, and setting a public hearing on it at 8:00 p.m. on August 25, 1988. Ayes - 5 ~ Nays ~ 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No.. 1988-117 receiving the preliminary engineering report for Project 88-305, East Valley Plaza Water Main, and setting a public hearing on it at 8:00 p.m. on August 25, 1988. Ayes - 5 - Nays - O. RES. 1988-114 AWARD CONTRACT PROJ. 88-284 RES. 1988-115 AWARD CONTRACT PROJ. 88-298 CHANGE ORDER 4 PROJ. 85-228B CHANGE ORDER 2 ATHLETIC COMPLEX SEEDING/SODDING FINAL PAYMENT PROJ. 87-275 FINAL PAYMENT PROJ. 85-228B FINAL PAYMENT REDWOOD BLDG. RES. 1988-116 SET HEARING PROJ. 88-300 RES. 1988-117 SET HEARING PROJ. 88-305 CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 3 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-118 receiving the preliminary engineering report for Project 88-306, Eagle Ponds Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on August 25, 1988. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing reduction in subdivision financial guarantees for Pinecrest Townhomes from $163,800 to $117,200 and for Carrollton Estates 4th Addition from $322,000 to $96,493.75. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing payment of $500.00 for acquisition of surplus Mn/DOT right-of-way property along Cedar Avenue, south of 127th Street, for access to the City's sanitary sewer lift station. Ayes ~ 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving payment of $675.00 for crop damage easements, through the 1989 growing season, to Michael McNamara related to Project 88-284, Water Treatment Plant Utilities. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing prepayment, to Mn/DOT, of an additional $14,.774.35 for the City's share of County Road 42 Reconstruction costs, now totaling $82,724.36. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, granting frontyard setback variances to allow construction to within 20 feet of the front lot lines on Lots 7, 13, 14 and 15, Block 1; and Lots 1 and 3, Block 2; Cherry Oak Estates, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, granting setback variances to allow construction to within three feet at the front and two feet at the rear of the side lot line and to within 24 feet of the front lot line on Lot 7, Block 4, Apple Valley 4th Addition, (912 Oriole Drive) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a building permit for two portable classrooms at Scott High- lands Middle School/Highland Elementary School, as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-119 making a negative declaration on the need for an environmental impact statement for the Huntington 2nd Addition development. Ayes - 5 - Nays - 0. RES. 1988-118 SET HEARING PROJ. 88-306 SUBDIVISION BOND REDUCTIONS ACQUIRE MN/DOT SURPLUS R-O-W McNAMARA CROP DAMAGES PROJ. 88-284 C.R. 42 COST PREPAYMENT CHERRY OAKS FRONTYARD VARIANCES 912 ORIOLE DR. VARIANCE PORTABLE CLASSROOMS BUILDING PERMIT RES. 1988-119 HUNTINGTON 2ND NEGATIVE EIS CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 4 MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a grading permit for the condominium portion of the Huntington 2nd Addition development, subject to posting of a $500 per acre bond. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-120 approving the document entitled "ENVIRONMENTAL IMPACT STATEMENT SCOPING DECISION - Consolidated End Use Concept for Sand & Gravel Operations South of County Road 42" as the formal "scoping" decision to be used to identify the issues to be addressed in the Environmental Impact Statement for the Consolidated End Use Concept. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-121 authorizing City Staff to make application and take necessary actions for the City to enter into the National Flood Insurance Program. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-122 finding that a City-owned sound stage structure has no monetary value to the City and permitting its usage by Star Cablevision, Inc. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Coodwin, approving renewal of public officials liability insurance'with National Casualty Company effective August 11, 1988, at an annual premium of $9,050.00. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving the purchase of office landscape/work stations for the Police Department from Facility Systems, Inc., under State of Minnesota contract, in the amount of $40,219.86. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving a letter dated July 22, 1988, from Dennis Welsch to First Federal Savings & Loan advising them of appraisals on property in Apple Valley Commercial Addition and requesting a response by August 5, 1988. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving transfer of Jackie Hipple from the position of Accounting Clerk to Fire Department Secretary effective August 1, 1988. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated July 28, 1988. Ayes - 5 ~ Nays - O. HUNTINGTON 2ND GRADING PERMIT RES. 1988-120 E.I.S. FOR GRAVEL ISSUES SOUTH OF CR 42 RES. 1988-121 APPLY TO FLOOD INS. PROGRAM RES. 1988-122 DISPOSE OF SOUND STAGE RENEW PUB. OFF. LIABILITY INS. PURCHASE POLICE WORK STATIONS FIRST FEDERAL APPRAISALS HIPPLE TRF. TO FIRE SECRETARY HIRE PARTTIME EMPLOYEES CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 5 MOTION: of Humphrey, seconded by Goodwin, tabling the petition for rezoning and platting of proposed Palomino Ridge Townhomes until August 25, 1988, to allow the developer to meet with surrounding residents about their objections to the proposal. Ayes - 5 - Nays - O. TABLE PALOMINO RIDGE T.H. RES. 1988-123 5-YEAR CAPITAL IMP. PROGRAM MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-123 approving the 1988 through 1993 Five-Year Capital Improvements Program for the City totaling $20,458,820. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Lawell reviewed a proposed resolution authorizing issuance of A.V. VILLA refunding revenue bonds for Apple Valley Villa. Bond counsel, Sue REFINANCING Van Dyk, special tax counsel, Bob Barolak, and the developer, Harry. Lemieux, were present to answer questions. Mr. Sheldon said the only change in the procedures from that discussed at the June 28th, 1988, public hearing is that the bond proceeds cannot be used immediately to purchase a letter of credit and will be temporarily placed for up to 60 days. The bonds will be payable solely by the letter of credit and will not be a general obligation of the City. Councilmember Humphrey asked is operating proceeds are being placed in some type of trust arrangement. Mr. Barolak said the proceeds will be in a pool of money held by the bond trustee. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 124 authorizing the sale and issuance of housing mortgage refunding revenue bonds (Lemieux Partnership II Project) Series 1988, of the City and authorizing the execution of necessary documents. Ayes - 5 ~ Nays - 0. RES. 1988~124 APPROVE A.V. VILLA BONDS Mr. Kelley reviewed the Planning Commission report on East Valley F~ST VALLEY Plaza, proposed at the southeast corner of 140th Street and Pilot PLAZA PROPOSAL Knob Road. The northern part of the site is zoned RB and rezoning to RB is requested on approximately five acres adjacent to Pilot Knob Road. The balance of the property would retain agriculture zoning until it develops. The first phase is a 30,000 square foot retail convenience center with a conditional use permit for motor fuel sales. The developer would like a restaurant on the lot directly south of the convenience center. Dick Dreher, the developer, Lyle McLaughlin, the contractor, and Jeremy Mayberg, the architect were present and reviewed the proposal. Mr. Dreher said his company intends to own the proposed building which is similar to the center at the intersection of County Roads 11 and 42 in Burnsville. Details of the development plans on the remaining property will depend on market conditions, but they would like to have it developed within five years. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 6 MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 420 rezoning Parcel No. 01-02500-012-25 (part of proposed East Valley Plaza) from "A" Agriculture to "RB" Retail Business as recommended by the Planning Commission. ORDINANCE 420 REZONE EAST VALLEY PLAZA Councilmember Holton asked what design is used for the curve on 141st Street and what distance the gas pumps are from the driveway? Mr. Gordon said the curve is designed for 30 miles per hour. Mr. Mayberg said the gas pumps will be double island pumps and the end of the island is approximately 35 feet from the property line. Councilmember Savanick expressed concern about chopping up the site and leaving unplanned lots. Mr. Dreher said they are not prepared with plans on the eastern property and would like to take more time and look at potential uses. Councilmember Humphrey asked if a fast food restaurant is permitted in an RB zone? Mr. Kelley said yes it is. Mr. Dreher said the proposed Lot 2~ Block 1 is not leased yet, but it would be the next property developed. MOTION: of Humphrey, seconded by Goodwin, amending the above motion by rezoning only the portion of the property included in Lot 1, Block 1 to RB and retaining A zoning on the balance. AMEND PROPOSED REZONING Councilmdmber Holton said he would prefer to see all the property rezoned and the building location adjusted for better use of the site including access points and straightening the curve in 141st Street. Pat Hallisey, of Blue Circle Investment, owner of Highland Center on Pilot Knob Road, expressed concerned about the entire plan and rezoning. When he was proposing to develop, he was told he could not have access from 140th Street so he chose the property along Pilot Knob and got access from the County. He was required to build 141st Street along his property and was told it would connect to Essex Avenue in the future. Cross easements were required over his property and the City/PDQ property for interconnection of the parking lots. These easements will now be terminated and would be a problem for his business. Vote was taken on the amendment. Ayes - 3 - Nays - 2 (Holton and Savanick). Councilmember Savanick said she would like to see planned development zoning on the property and believes the road access should be addressed before rezoning is considered. Mr. Dreher said he is under a time constraint and if a planned development were required they would not be able to begin construction this fall. Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of East Valley Plaza, as recommended by the Planning Commission, except construction of 141st Street would not be required at this time, but access points at 140th and 141st Streets would be shown. EAST VALLEY PLAZA PRELIMINARY PLAT CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 7 MOTION: of Holton, seconded by Humphrey, amending the above motion by platting Lot 1, Block 1 as submitted; the balance of the property as an outlot, except for road accesses; and provid- ing the City with an option for undefined easements for road purposes over the property. AMEND MOTION PRELIMINARY PLAT Councilmember Savanick said she believes it would be a mistake to allow the shopping center without having the road constructed. Mr. Dreher said they would agree to constructing the road next year when they have proceeded farther with planning on the balance of the property.' They have discussed extending 141st Street east to Essex, but would like to be sure of uses on the surrounding property before doing so. Mr. Hallisey said he built and paid for his portion of 141st Street and would not be willing to pay for other unnecessary roads. Mr. Dreher said they have already agreed to pay for 141st Street and other internal roads.. He would also agree to combining the lots and straightening the building. MOTION: of Holton, seconded by Savanick, tabling consideration of the preliminary plat until the zoning issue has been resolved. Ayes - 5 - Nays - 0. TABLE PLAT ORDINANCE 420 REZONE EAST VALLEY PLAZA BRING BACK PRELIMINARY PLAT MOTION: of Holton, seconded by Savanick, readopting Ordinance No. 420 rezoning the property to be included in Lot 1, Block 1, East Valley Plaza from "A" Agriculture to "RB" Retail Business. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, bring the motion and amendment on East Valley Plaza preliminary plat back from the table. Ayes - 5 - Nays - 0. Vote was taken on the amendment. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Savanick, seconded by Holton, amending the motion by com- bining Lots 1 and 2, Block 1 as one lot on the plat. Ayes - 5 - Nays - O. AMEND MOTION PRELIMINARY PLAT Vote was taken on the main motion as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-125 granting a conditional use permit for motor fuel sales on Lot 1, Block 1, East Valley Plaza, as recommended by the Planning Commission. RES. 1988-125 CONDITIONAL USE PERMIT AMEND MOTION CONDL. USE MOTION: of Savanick, seconded by Branning, amending the motion by requiring the gas pumps to be moved south to avoid congestion at the driveway access. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 8 MOTION: of Holton, seconded by Savanick, authorizing issuance of a building permit for East Valley Plaza subject to redesign of the south end of the building to allow more distance between the edge of the right-of-way for Pilot Knob Road and the building, with occupancy of the building subject to filing the final plat. EAST VALLEY PLAZA BUILDING PERMIT Mr. Hallisey asked when cross easements on his property will be addressed and referred to the three conditions which require removal of the easements. Mr. Sheldon said the City has an interest in maintaining the. access,'but it is an issue staff will have to address. The Mayor noted that this approval includes requiring the back of the building to look as good as the front and shielding rooftop equipment. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Kelley reviewed his memos dated July 28, 1988, concerning a. Com- prehensive. Plan amendment and rezoning for Garrollton Estates 5th Addition. Many residents of the Carrollton area were present and asked to comment on maps they were shown for the proposed development. CARROLLTON ESTATES 5TH DISCUSSION Steve Zaudtke, 14613 Guthrie, said they believe the zoning of Carrollton was misrepresented because maps the builders showed them showed the multi-family area on the east side of Guthrie. They are asking the Council not to approve the rezoning until some agreement is reached with the developer on the situation. Mark Ceminsky, 14625 Hallmark, said there many young children in the area and he is concerned about traffic increasing on Guthrie due to commercial development. Mark Patridge, 8172 Upper 146th Street, said they did not know about the proposed rezoning and were not informed of the public hearing. The map he had seen represented the area differently. Mark Larson, 7971 Lower 147th Street, said all five builders in the area had maps that did not show the townhouses where they are now being built. Debbie Mercer, 14626 Hallmark, said other areas of the City have parks where children do not have to cross busy streets to get to them. A park was shown on the map along Pennock Avenue and they purchased their lot based on that. Mow they have learned this area is zoned limited business. Kevin Stephenson, 14748 Hallmark, said he is a first time homebuyer. The builder told him he was not aware of any townhouses when he purchased it and the lot price was not any different from other lots. Lisa Dahlberg, 7819 Upper 145th Court, said she has three children and what they thought was a park will be limited business. She expressed concern about the aesthetics of having a business area next to residential. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 9 Tom Havnen, 8111 Upper 145th Street, said they are only two blocks from any convenience they need and there doesnt need to be another shopping center in their development. Anne Larson, 14669 Harrington Place, said she has been hearing a contemptuous attitude toward their neighborhood. Because it is considered moderate housing, they will just have to put up with an armory, etc. Charles Quinn, 7970 West 146th Street, said he is concerned about traffic on Guthrie and on Hayes when the armory is built. Jeannie Midtdahl, 14659 Harrington Place, said there is no stop light or crossing for young children to cross Hayes Road to the park. Carol Berg, 8073 Upper 145th Street, said they are concerned about parks. This is the only area surrounded by busy streets that does not have a neighborhood park. Dan Spector, 8153 Upper 145th Street, said three-way stop signs should be put in at the entrance to Hayes Park. Sharie Stookey, 14716 Hallmark Drive, said they were told the quadhomes would be on the east side of 147th Street and she does not want this issue dropped. Don Hereau, 14556 Hayes Road, said last fall sidewalk was put in by the City and destroyed part of his yard. He questioned whether the remaining sidewalk would be done this fall. Cindy Tighe, 14625 Guthrie Avenue, said no one received notice of the public hearing because it was only sent to property owners within 350 feet of the property. In a new development, a larger area should be notified. Brian Zenisek, 14601 Guthrie Avenue, said he is concerned about the lack of a park and asked whether the area can be replanned to correct the problem. Bob Houghtaling, 7879 Upper 145th Street, asked if the City Codes cover a developer illegally handing out maps different from the City zoning map? Mr. Ceminsky said he was told nothing in the area would be built with a value of under $80,000. The quadhomes are now being listed at $60,000 and he is concerned it bring down the value of the area. Mrs. Mercer asked if there is a possibility of not approving the zoning so a park could still be built. Mr. Zaudtke said the only thing built so far is one quadhome. Could the plan go back to the map they were given? Erling Vinge, 8050 Upper 145th Street, asked if they could get an injunction to stop construction? CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 10 Mr. Patridge said he moved here from north Minneapolis. He looked at a plan that showed multiple housing buffering the commercial area and bought based on that. He is concerned about lowering the property values. Alan Bachman, 14610 Hallmark Drive, said if the map included in the memo to the Council is the approved one, why is the pond on Pennock .different than shown on it? Other residents also asked what kind of lighting pollution they might get from the shopping center; and if approval of the rezoning is being considered tonight, why are the lots and utilities already in part of the area? Another resident said she could not come to City Hall, but called and talked to the Planner who confirmed everything that was on the map she was given and it was wrong. The Mayor said the questions will be answered and he asked Mr. Sheldon to comment on those that he could at this time. Mr. Sheldon said the 350-foot area for giving mailed. notice of public hearings is provided in state law and that is what the City follows. Everyone here tonight said they got incorrect maps from their builders, but no one said they got one from the City. The City does not have an ordinance policing what builders tell people and most cities dont. Enforcement of such an ordinance would be so difficult that the City would almost become a third party in every real estate closing. An injunction or temporary restraining order is issued by district court. In order to obtain one, it would have to be proved that the builder was building where it is not permitted; that the person requesting it has a vested interest in the property; that irreparable harm was being suffered and a bond would have to be posted. The residents may have an action for fraud or misrepresentation against the builder they contracted with, but they would have to contact their own lawyer. Councilmember Goodwin said misrepresentation by builders, developers and realtors has been one of the most persistent problems over the years and no one has been able to do anything about it, here or in other cities. Councilmembers Holton and Humphrey concurred. Councilmember Savanick said she doesn't believe anything can be done about the quadhomes. The only area left is along County Road 42 and perhaps part of it could be considered to be purchased for a park. Mayor Branning said park issues for the area were discussed including the fact that the High School and Hayes Park are nearby. The City has not included any more tot lots in developments for some time. Larger, more maintainable, parks are being developed instead. Dick Winkler, the developer, was present and said he was told by some residents last week that they were getting bad maps from builders in Garrollton. The map they showed him was prepared by his engineer in January of 1985 and was the first proposal for the area. It was changed six times after that, but some builders distributed it. All builders were given correct maps. He brought in a map which was hanging in Butler's model home. The builders said they are not distributing the maps now. Mayor Branning said City Staff will look at the issues that have been raised and try to answer those that can be addressed. They will look into what can be done to make sure proper information is distributed and whether the road can be moved. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 11 MOTION: of Holton, seconded by Savanick, tabling consideration of items concerning Carrollton Estates 5th Addition until August 25, 1988. Ayes - 5 - Nays - O. TABLE CARROLLTON 5TH ORDINANCE 421 REZONE FENNER/ BROWN PROPERTY BROWN/FENNER PRELIMINARY PLAT MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 421 rezoning part of the Southeast Quarter of Section 15 (Fenner and Brown Property, at 12906 and 12936 Galaxie Avenue) from R-iA to R-lC as recommended by the Planning Commission. Ayes ~ 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Brown and Fenner Plat as recommended by the Planning Commission and directing preparation of a development agreement. Mr. Kelley said the existing Brown home (new Lot 3) will be allowed to use the current driveway to Galaxie Avenue until such time as the property is sold. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on Eagle Ponds. EAGLE PONDS Concern was expressed by surrounding residents about connecting DEVELOPMENT Garrett Avenue to 136th Street. That connection is not proposed as part of this plat, but a location for future connection is shown. Alternate accesses to property to the north are shown. Property adjacent to Galaxie Avenue would be developed as phase two and a decision as to which access to the north would be used can be made at that time. The Mayor said some type of access to Galaxie should be made with this plat; either connection with Garrett Avenue or a direct connection to Galaxie Avenue. Mr. Welsch said surrounding residents were told that another public hearing would be held before a decision on connection of Garrett Avenue is made. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Eagle Ponds, as recommended by the Planning Commis- sion, subject to including a road connection either to Garrett Avenue or to Galaxie Avenue with the first phase and directing preparation of a development agreement. EAGLE PONDS PRELIMINARY PLAT Bill Coady, the developer, was present and said he would have to confer with Joe Sweet, the property owner, on the street connection. He said Mr. Sweet cooperated with the City in providing utility easements last year and requiring the road connection with the first phase would be a hardship. There would probably only be five or six homes occupied by the time the second phase is developed. The Mayor said he believes it would be advantageous for the City to have Garrett Avenue extended even if the City were to dedicate the part of the outlot west of the street connection to the abutting property owners. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1988 Page 12 MOTION: of Savanick, seconded by Goodwin, authorizing submitting a Comprehensive Plan amendment, from D-III Residential to Limited Business, for Biewald First Addition (14618 Cedar Avenue) to the Metropolitan Council as recon~ended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-126 approving plans and specifications for Project 88- 297, The Woods Additions Utility & Street Improvements, and advertising for bids to be received at 2:00 p.m. on August 19, 1988. Ayes - 5 - Nays - O. BIEWALD COMP. PLAN AMENDMENT RES. 1988-126 TAKE BIDS PROJ. 88-297 Mr. Gretz reported that recent graphs of water usage have shown REPORT ON WATER dramatic increases in water consumption at 7:00 p.m. each day when CONSUMPTION lawn watering begins. Demand has been averaging 7 to 10 million gallons of water per day and the pumps have been ablo to keep up. Mr. Johnson said park trees are being watered approximately once a week and a second shift, working from 4:00 to 8:00 pm., started this week. The Mayor asked that a press rolease be prepared reminding residents to water trees and shrubs during the drought. MOTION: of Humphrey, seconded by Savanick, establishing a no parking area for approximately 250 feet on the east side of 137th Street, north of its intersection with 140th Street, in the vicinity of tho high school.. 137TH STREET NO PARKING TABLE MOTION CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, tabling the foregoing motion until August 25, 1988. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, cheoks numbered 62357 through 62463, 62473 through 62573, 62575 through 62579 and 62581 through 62630, in the total amount of $11,238,595.25. Ayes - 5 ~ Nays - O. MOTION: of Savanick, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 1:28 o~clock a.m. This meeting was preceded by a joint informal meeting at 6:00 p.m. with the Parks and Recreation Committee at City Hall.