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HomeMy WebLinkAbout12/01/1988CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 1st, 1988, at 8:00 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, Personnel Director Boland, Gity Engineer Gordon, Public Works Director Gretz, City Planner Kelley, Assistant Administrator Lawell, Police Chief Rivers 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 Holton, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays ~ O. APPROVE AGENDA AUDIENCE DISCN. CONSENT AGENDA RES. 1988-218 TAKE BIDS USED WHEEL LOADER SUBDIVISION BOND REDUCTIONS 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 Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-218 approving specifications for a used articulated 150 H.P. wheel loader and advertising for bids to be received at 2:00 p.m. on January 3, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing reduction of subdivision financial guarantees as follows: Valley Way Village 7th Addition from $209,697 to $113,770; Summerfield 3rd Addition from $243,750 to $99,750; Pinecrest Townhomes from $117,200 to $68,760; Woodside Estates from $3,000 to O; Briar Oaks of Apple Valley 1st from $86,635 to 0; and Briar Oaks of Apple Valley 2nd from $348,704 to $167,704. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 1 to the contract with McNamara Contracting for Project 88-311, Eagle Ponds Street Improvements, in the amount of an additional $22,946.00 for construction of Garrett Avenue. Ayes - 5 - Nays - 0. CHANGE ORDER 1 PROJ. 88-311 GARRETT AVENUE PRELIM. REPORT GUILD AVENUE MOTION: of Holton, seconded by Humphrey, directing the Engineer to prepare a preliminary feasibility report for extension of Guild Avenue to 140th Street. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Page 2 MOTION: of Holton, seconded by Humphrey, approving a special use permit for Christmas Tree Sales for Apple Valley Super Store at 7575 West 145th Street, from November 24 through December 25, 1988. Ayes - 5 - Nays - O. CHRISTMAS TREE PERMIT SUPER STORE RES. 1988-219 EMPLOYEE RECOGNITION HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-219 establishing a service recognition program for fulltime employees based on length of service as an employee of the City. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime employees as listed in the Personnel Director's memo dated December 1, 1988. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA Mr. Welsch distributed a revised report on establishing Redevelopment REDEVELOPMENT District No. 1, Tax Increment District No. 7, within Development Dist- T.I. DISTRICT rict No. 2 of the City. This would cover, primarily, the downtown area in the northwest quadrant of the intersection of Cedar Avenue and County Road 42 and a smaller part of the northeast quadrant. It would assist in public infrastructure improvements; property acquisition, demolition and relocation; and revolving loan programs to upgrade structural, utility and facade inadequacies. Jim O'Meara, of Briggs & Morgan, representing the City in tax increment financing matters, was present and reviewed the proposed plan. A redevelopment district has an eligible life span of up to 25 years and must meet certain conditions to qualify. There is a requirement that within four years some type of publicly sponsored improvements will need to occur. Other tax increment districts in the City have been economic development districts. Mr. Welsch reviewed the estimated cost of improvements to be financed totaling $4,790,500 which is the maximum amount of assistance that would be available. Of that amount, street improvements are estimated at $1,237,500 and two major property acquisitions are estimated at over $900,000 each. Private sector investment in projects is estimated at $15,788,000. No bonds are proposed to be sold at this time; however, that may be done in the future and would require another hearing. Mayor Branning called the public hearing to order at 8:20 p.m. on the PUBLIC HEARING Development District and Tax Increment Financing District Plans and T.I. DISTRICT noted receipt of the affidavit of publication of the hearing notice. He asked for questions or comments from the Council and the public. Councilmember Holton questioned the value which will be used for the base. Mr. Welsch said the current value of the property, including existing buildings, is used as the base above which the increment on increased value can be captured. There were no further questions and the hearing was declared closed at 8:23 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Page 3 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-220 enlarging Development District No. 2, amending its development program and existing Tax Increment Financing Plans No. 1 through 6, and approving Tax Increment Financing District and Plan No. 7 as a downtown redevelopment district. RES. 1988-220 T.I. DISTRICT & PLAN NO. 7 Mr. Melena said copies of the plan were sent to both the County and School District, as required, and no comments have been received from either entity. Vote was taken on the motion. Ayes - $ - Nays - 0. Mayor Branning called the public hearing to order at 8:25 p.m. to PUBLIC HEARING consider vacating easements in Muir's Cedar Center Addition and noted EASEMENT receipt of the affidavit of publication of the hearing notice. Mr. VACATION Melena said this property was never developed and the easements were not used. To facilitate planning for a new shopping center, the property owner has requested vacating the easements. Mayor Branning asked if any easement along Cedar Avenue needs to be retained for access restriction? Mr. Gretz said the County holds a separate easement document, which will be retained, for that purpose. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:27 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-221 completing vacation of all drainage and utility easements over the plat of Muir's Cedar Center Addition and directing recording the appropriate documents with Dakota County. Ayes - 5 - Nays - 0. RES. 1988-221 MUIR'S CEDAR CENTER VACATION The Council received a memo dated December 1, 1988, from Edwin Holmes, APPLE VALLEY on behalf of the Alimagnet Defense Association, concerning building APARTMENTS permit conditions for the Apple Valley Apartments proposed by H & Z H & Z PARTNERS Partners at 140th Street and County Road 11. Mr. Holmes read the memo and said the purpose of the conditions is to ensure the structures would be of high quality. Mayor Branning said he was given a previous version of this list Tuesday and a resolution has been drafted containing 16 conditions which would place controls on the building permit. Mr. Melena read the resolution. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1988-222 authorizing issuance of building permits for two 36- unit apartment buildings for H & Z partners on Lot 1, Apple Valley Apartments, subject to the 16 conditions listed. RES. 1988-222 A.V. APARTMENTS BUILDING PERMIT Councilmember Humphrey asked if there has been any discussion on requiring plumbing for installation of washer/dryer facilities in each unit for potential condominium conversion? The developer said no there has not. Joseph Christensen, Attorney for H & Z Partners, said their initial proposal was for four buildings. They have met with the City and the neighbors, on two occasions, and redesigned the project to incorporate underground parking and the buildings are fully CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Page 4 handicapped accessible. They would agree with Condition 1, building height, if approved by the Council, but would not apply for a variance to comply. They agree with Condition' 2, even though the setbacks are in excess of that required in an M-2 zone, and will turn the building within the constraints of the site and soil borings. They would agree to 40% brick and 60% redwood siding in Condition 3. They would agree with Conditions 4, 5, 6, 7, 9, 10 and 12. Mr. Christensen questioned type of windows specified in Condition 8. They agree with Condition 11; however, they will also have trash dumpsters in the basement. On Condition 13, they will prohibit power boats but would like to have a beach area for sunbathing and swimming dock. On Condition 14, if the City will remove the requirement for brick on the ends of the buildings, they will acquire the property. They agree with Conditions 15 and 16 provided the pond is constructed so they can commence building construction in early 1989. Mr. Gordon said the pond could be constructed in late March or April of 1989. Mr. Melena noted that the building code requires sprinkler systems and handicapped accessibility and these items have not been included in the conditions. Mr. Christensen said washer and dryer hook-ups are not included and the City's ordinance does not-call for it. In fact, the SAC fees are reduced when these hook-ups are not provided. Mr. Holmes, speaking on behalf of the residents, said they are concerned that the apartments are able to be converted to condominiums and would like washer/dryer hook-ups provided. They would like some type of limit on the number of boats allowed or that can- be stored on the site. They asked for a height limitation of two stories on the buildings and believe that is important. They would like all two bedroom units to have two bathrooms. They are concerned that quality windows be provided. They asked for a limit of 50 to 55 units on the site and still feel that is what should be allowed. They would like as many mature trees on the site as possible to be retained. Steve Branlund, 8922 - 138th Street Court, said with 72 units, they are concerned about reflection from cars headlights at night and would like additional landscaping or screening for the homes on the east. Brad Blackett, 457 Reflection Road, said he understood the preliminary plat was conditioned upon a trail running from 140th Street to the park. Many people presently use an old trail from the farmstead and it may have to be paved to preserve the shoreline. He also questioned whether the City has a 40-foot easement along the lake and what it is for. Susan Holmes, 8921 - 138th Street Court, asked if the map (displayed) is to scale and whether the pond is larger than the buildings, as shown? Mr. Melena said it is to scale and is quite large. Don Romain, 405 Reflection Road, said he thought a garage was counted as a story and asked how far above street level a 35-foot building will be. He expressed concern about. the quality of the windows, size of the units, lighting glare from the parking lot and compliance with DNR regulations concerning beach development. He said construction of the pond to control siltation is a necessity. CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Page 5 Lynn Burl, 8962 - 138th Street Court, said he opposed to allowing the developer to acquire additional land if it is used in the calculations for density. He questioned what the rental price of the units will be. Candace Vegter, 8952 - 138th Street Court, asked for more explanation of the parcel of land to be acquired. She said the lakeshore is a marshy area in the location and should not be developed, but left in a natural state. She is concerned about the number of trees being provided in the landscaping. Jim Gowling, 8906 - 138th Street Court, said when the CobbleStone area was developed, the Council required dedication of park land and trails and this requirement should be imposed on this developer also. Sandra Olander, 13657 Holyoke Lane, said her house abuts the eastern part of this property and asked if the parking could be moved to the west end with additional landscaping and berming between the property and the houses on the east. John Vegter said he believes inclusion of laundry hook-ups is important. He questioned if an easement along the lake could be used to preserve the shoreline and he would like to see some restrictions on beats and docks. Don Remain said the Council should insist upon high quality units and believes the buildings should be 100 percent brick. John Miller, 13667 Holyoke Lane, said there are no other three-story buildings in the neighborhood and the setback from the east property line should be increased with good landscaping and buffering. He believes the units should have larger square footage and the interior materials should reflect the same type of quality as is trying to be achieved for the exterior. Mr. Christensen said his client is aware of the quality of the lake and is not intending an elaborate beach-type of development. There is a trail easement along the lake now and that is not being removed. They will submit window designs to the City's Building Official for approval. These are not condominium buildings, but are being constructed to nearly condo quality. They are willing to stub in supply lines for washers and dryers if they can qualify for the reduced building permit costs. The elevation of the parking lot is set below the surrounding residences and will not be as obtrusive. They will agree to move parking spaces from the east to the west end of the property. The project has been appraised at $3,800,000 and interior materials will be of property quality to be compatible with the exterior. They are willing to work on a program to reasonably limit the number of boats allowed. Mr. Gowling asked if the developer is considering putting some type of deck or dock with the 40-foot easement? Councilmember Holton asked if the developer could build a fishing pier type of dock within parkland so it would be controlled by the City and park regulations would apply? Mr. Christensen said the dock is not an issue and they would be willing to forget about building one. CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Page 6 Councilmember Savanick said she believes 700 and 850 square-foot units are very small compared with other condos. Many larger units are not selling. Mr. Christensen said these are the minimum sizes contained in the resolution, the actual units are larger. Mr. Gretz said the SAC charge requirement should be clarified. The charges are imposed by the Metropolitan Waste Control Commission and if laundry plumbing is stubbed in, they will have to pay the charges. MOTION: of Humphrey, seconded by Holton, amending the resolution by providing for gas fireplaces only in Condition 6; adding the requirement for laundry stubs to Condition 7; in Condition 11, allowing trash storage in the basement, requiring screening of any outdoor trash storage and moving parking spaces from the eastern part of the property to the west; providing that the property in Condition 14 be acquired for $1.00 and other valuable consideration; and adding Condition 17 requiring sprinkler systems and handicapped accessibility. A.V. APARTMENTS AMEND CONDITIONS Mr. Christensen said the design provides for full laundry facilities on each floor. If they lose the benefit of the SAC charge reduction, they will not stub in connections for each unit. Mayor Branntng asked that the MWCC be requested to allow payment of the fee only when actual connection are made. Vote was taken on the amendment. Ayes - 5 ~ Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mayor Branning said he had alluded to asking the City Attorney to comment on legalities involved in the approval; however, until the agreemsnts are signed, he has been advised that it would be inappropriate. The Council has addressed all of the issues brought up by the residents. They may not have been answered to the residents' satisfaction, but they have been considered. The park question has been addressed by easement without acquiring additional property and maintenance. The zoning would have permitted the buildings to be taller than was finally agreed on. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-223 approving the final plat and development agreement for Apple Valley Apartments and authorizing the Mayor and Clerk to sign the same. RES. 1988-223 A.V. APARTMENTS FINAL PLAT Councilmember Humphrey asked if the property being acquired should be included in the plat? Mr. Sheldon said the agreement will stipulate that it will be combined with the platted property for tax purposes. Councilmember Savanick asked where the pathway is and who is going to build it and when? Mr. Kelley said the agreement requires the developer to provide an easement along the southeast lot line to connect the pathways along 140th Street and in Sunset Park. CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Page 7 MOTION: of Humphrey, seconded by Savanick, amending the motion by requiring the developer to build and pave the pathways provided in the agreement. AMEND MOTION Mr. Christensen said all discussions have been that the City will build the pathway. They are paying a cash dedication to provide for this construction. Jim Gowling questioned the policy of accepting cash instead of additional parkland. Councilmember Goodwin said this recommendation has been reviewed by the Park Committee, Planning Commission and staff and it was determined that additional land was not necessary. Candace Vegter asked if people are using the paths during unauthorized hours, who is responsible for controlling the use? Mayor Branning said if the path is on City property, the City is. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Holton) (Branning Abstained). MOTION: of Holton, seconded by Goodwin, calling for a vote on ,the main motion as amended. Ayes - 5 - Nays - 0. CALL FOR VOTE A.V. APARTMENTS PRELIM. REPORT Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for construction of storm sewer, the pond and pathway at Apple Valley Apartments. Ayes - 5 - Nays - 0. Mr. Welsch said the Planning Commission is reviewing problems with MULTIPLE BLDG. zoning for multiple residential projects adjacent to single family CONSTRUCTION homes. They are in the process of updating the Comprehensive Plan STANDARDS to address these inconsistencies and this will be completed in 1989. In addition to this process, performance standards for building construction in multiple residential zones need to be updated and they would like direction from the Council as to whether to proceed. Councilmember Humphrey said these concerns were one of the reasons he suggested a moratorium on multiple residential projects. The City Attorney has advised it could not apply to any projects already proposed, but he would like to discuss whether it is needed. Mr. Melena said if update of the performance standards can be implemented soon, a moratorium would probably not be necessary. MOTION: of Holton, seconded by Savanick, directing preparation of an PREPARE BLDG. ordinance on building construction standards for multifamily ORDINANCE housing. Mr. Welsch said a public hearing on this ordinance will be scheduled before the Planning Commission on December 21, 1988. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 1, 1988 Page 8 Mr. Melena said the Engineer and Park Director have prepared prelim- ROLLING RIDGE inary cost esttmatss for construction of a north-south street through PARK STREET Tintah Park from the proposed Rolling Ridge development, west of Diamond Path Elementary School. If thc Council wishes to proceed with this street, he suggested a hearing be held on December 15, 1988. The Council concurred with scheduling it on that meeting's agenda. MOTION: of Holton, seconded by Savanick, appointing John Gretz as Acting Administrator for tho week of December 4, 1988, in the absence of the City Administrator. Ayes - 5 - Nays - 0. ~ The Council requested that appointment to fill the Planning Commission vacancy be scheduled on the December 15, 1988, agenda. MOTION: of Goodwin, seconded by Humphrsy, to pay the claims and bills, checks numbered 64969 through 65057, in the total amount of $1,795,716.94. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - O. ACTING ADMIN. PLANNING APPOINTMENT CLAIMS & BILLS The meeting was adjourned at 11:25 o'clock p.m.