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HomeMy WebLinkAbout07/23/1987CITY OFAPPLE VALLEY Dakota County, Minnesota July 23, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 23rd, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Savanick. ABSENT: Councilmember Humphrey. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Recreation Services Manager Johnson, City Planner Kelley, Assistant Administrator Lawell, Planning Assistant McMonigal, Police Chief Rivers and Park Maintenance Supervisor Wahl. 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 Goodwin, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA JULY 9, 1987 MINUTES AUDIENCE DISCN. CONSENT AGENDA FIRE RELIEF GAMBLING APP. ZOO TEMPORARY LIOUOR LICENSES FUND BALANCE INFORMATION PUBLIC OFFICIAL LIABILITY INS. RES. 1987-156 ADDITIONAL DEPOSITORIES MOTION: of Savanick, seconded by Goodwin, approving the minutes of the regular meeting of July 9th, 1987, as written. Ayes - 4 - Nays - 0. Mayor Branning said, due to threatening weather conditions, the audience discussion item would be dispensed with for this meeting. MOTION: of Holton, seconded by Savanick, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, receiving the Apple Valley Firefighters Relief Association application to the Charitable Gambling Control Board for a gambling license exemption for an event on September 19, 1987. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Savanick, approving temporary on-sale liquor licenses for the Minnesota Zoological Garden on August 27 and 29, 1987, and authorizing transmittal to the Minnesota Liquor Control Division. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, receiving information on balances in various City funds as of June 30, 1987. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, receiving the Finance Director's memo dated July 20, 1987, concerning public officials liability insurance renewal. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-156 designating Dover Group, Inc., and Valley National Bank as additional depositories for City funds. Ayes - 4 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1987 Page 2 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-157 awarding the purchase of a demonstrator Holder Model C500 4-wheel drive articulated tractor, snowblower and plow to Boyum Equipment, Inc., the low bidder, for a net price of $33,041.10 for the Park Department. Ayes - 4 - Nays - 0. RES. 1987-157 PURCHASE PARK DEPT. TRACTOR CHANGE ORDER 1 REDWOOD BUILDING CHANGE ORDER 1 HAYES ELECTRICAL CHANGE ORDER 2 HAYES MECHANICAL SETBACK VARIANCE OUTLOT A OAKS OF A.V. II RES. 1987~158 SUMMERFIELD 2ND PLAT & AGREEMENT VARIOUS BOND REDUCTIONS SET SPECIAL MEETING MOTION: of Holton, seconded by Savanick, approving Change Order No. 1 to the contract with Fullerton Lumber Company for Redwood Community Center in the amount of an additional $1,039.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving Change Order No. 1 to the electrical contract with Peoples Electric for Hayes Community Center in the amount of a $225.00 deduction. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, approving Change Order No. 2 to the mechanical contract with McGuire Mechanical for Hayes Community Center in the amount of a $150.00 deduction. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, granting a setback variance allowing construction of a single family home to within 25 feet of the lot line adjacent to Gurney Path on Outlot A, Oaks of Apple Valley II and Lot 1, Block 1, Timberwick 7th Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-158 approving the final plat and development agreement of Summerfield 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, approving reductions in subdivision financial guarantees for: Emerald Point 3rd from $92,200 to $25,000; Delaney Park 2nd from $62,000 to $37,000; and Delaney Park 4th from $115,900 to $66,000. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, setting a special meeting at 8:00 p.m. on July 30, 1987, in the conference room at the Central Maintenance Facility to consider plans for Project 87-271 and setting a hearing on Project 87-279. Ayes - 4 - Nays - O. END OF CONSENT AGENDA Mayor Branning said the developer proposing Crestview Forest Townhomes CRESTVIEW FOREST is not requesting action at this meeting. The item will be discussed TOWNHOMES and input received, but no action. Mr. Kelley reviewed the Planning DISCUSSION Commission report on the proposal for 142 townhouse units west of Garden CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1987 Page 3 View Drive and south of Palomino Drive. The Comprehensive Plan designation on the property is D-II, one to six units per acre, and M-2 zoning, six units per acre, is being requested. At the public hearing, residents expressed concerns about increased traffic, property devaluation and removal of trees. Bill Diedrich, the developer, reviewed the proposal and illustrations of the units. They are intended to be custom built townhomes in the $140,000 to $160,000 price range. The exteriors will be varied and four different models of floor plans are proposed. The main floor area is 1,200 square feet. Units with a basement and loft could be 3,000 square feet. The internal streets will be private. Councilmember Goodwin asked how far the back of the units are from the pathway on Palomino Drive? Mr. Diedrich said about 60 feet from the property line and 100 feet from the path itself. Mayor Branning said whatever happens with the proposal, the east driveway access from Palomino Drive should line up with Hunters Way as a four-way intersection. Gouncilmember Goodwin said the property is zoned R-1C and many adjoining residents had checked into the zoning before purchasing their homes and expected it to be developed as single family homes. For this reason he would have difficulty changing the zoning. Councilmember Holton agreed and said he would consider a proposal with single family homes on the east side and perimeter and townhouses on the west side. Mr. Diedrich said the property would be very difficult to market as single family because of surrounding roads. The east side is also not very wooded. John Marwede, 8733 Highwood Way, spoke representing neighboring residents and said the development will cause traffic problems at the west end of Hunters Way and safety concerns for children getting to parks. The area north of Palomino is now zoned multiple and if both of these areas develop, they would total 190 units. They have met with the developer and asked for single family along Garden View and Palomino. They have looked at the Evergreen townhomes in Woodbury, after which Mr. Diedrich said his proposal is modeled. This development is 4.2 units per acre and the opening price is $140,000. Mr. Diedrich's opening price is $90,000. Brad Griffith, 8728 Highwood Way, said the west driveway access to Palomino does not line up with Hunters Way either and may be a bigger problem than the east driveway because of its proximity to the County Road 11 / Palomino intersection. They are not opposed to a development similar to "Evergreen", however this does not have the same provisions for quality. Evergreen has single family homes backing up to townhomes. He would like to see some type of compromise with single family homes and higher quality townhomes. Councilmember Savanick said she believes there is a need for quality townhomes, but not at six units per acre. She also noted the City cannot dictate architecture. It only has control over such things as units per acre, street alignment, etc. The Mayor said a first phase area could be rezoned and that development reviewed before proceeding further. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1987 Page 4 Councilmember Savanick questioned available parking since this development has no access to public streets for additional parking. Mr. Diedrich said the internal streets will be 24 feet wide and the units will be set back 20 feet from the street. It will allowtwo cars in the driveway and parking on one side of the street. Councilmember Holton said he is concerned that such parking would limit emergency vehicle access. The Mayor said with a townhouse association regulating the streets, it could have narrower streets. If single family homes were incorporated, they would not be part of the association and driveway access on Palomino would be a concern. Art Eaton, of Vista Development, said the site does not lend itself to mixed development because of topography and surrounding roads. They tried putting a cul de sac off Garden View Drive and tried putting in a public street and there is not adequate space for this type of use. They are proposing additional landscaping to buffer the area. The problem is people believe this area will be another Cobblestone Manor and it will not. If the development is approved in phases and the first phase goes in and is not as proposed, he will make a commitment to develop the rest as single family. He asked for direction from the Council. The Mayor said the density is high and could be reduced and would like something done with a cul de sac off Garden View or Palomino. He would like some other cul de sac arrangements to reduce the amount of asphalt in the development. Mr. Diedrich asked if driveway access to Garden View would be allowed? The Mayor said it could be looked at depending on the overall plan. The Council concurred that the problems seem to be density, tree removal and buffer area along Garden View and Palomino Drives and asked for revisions to the proposal. Consideration of parking restrictions on Glazier and Garrett Avenues was removed from the agenda. Robert Rosene reviewed the engineering report for Project 87-268, OUTDOOR SWIMMING Municipal Swimming Pool Repairs and Renovations. The estimated cost POOL REPAIRS is $171,000 which is approximately half the cost of a new pool. Several items, including lighting, could be bid as alternates and postponed if necessary. City Staff could remove the existing concrete deck estimated to cost $19,200; however, this decision should be made now and not bid as an alternate. Mr. Johnson said $61,500 including engineering was budgeted for this work in 1987. If deck removal is deleted from the project, the total is $151,800. An additional $90,300 would need to be funded. Mayor Branning read the Park Coramittee's recommendation dated July 21, 1987, to proceed with the work and finance it through the General Fund. The Mayor said a project of this nature should be funded by park bond funds to the extent possible and the balance paid by park dedication funds. MOTION: of Savanick, seconded by Goodwin, directing the Engineer to prepare plans and specifications for Project 87-268, Municipal Swimming Pool Repairs and Renovations, deleting concrete deck removal and including lighting and automatic controllers as alternates with funding from park bond and park dedication funds. Ayes - 4 - Nays - 0. PROJ. 87-268 PREPARE POOL REPAIR PLANS CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1987 Page 5 MOTION: of Goodwin, seconded by Savanick, authorizing issuance of a building permit for Bonanza Restaurant on part of Lot 2, Block 1, Apple Valley Commercial Addition, and granting a variance to allow nine-foot wide parking stalls as recommended by the Planning Commission, subject to review of exterior materials by the Mayor, a Councilmember and Staff. BONANZA RESTRNT BUILDING PERMIT Mr. Kelley said the site plan has been revised to eliminate access to County Road 42 and show the parking lot revisions. Mayor Branning questioned the exterior materials. A representative of the developer said it is a white maintenance free stucco, not block. The most recent example is their restaurant in Brooklyn Park. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for an office building on Lot 3, Block 1, Bor-Nel, as recommended by the Planning Commission, subject to the exterior being brick. Ayes - 4 - Nays - 0. OFFICE BLDG. BUILDING PERMIT REVISED PERMIT ANDY'S MARKET MOTION: of Goodwin, seconded by Holton, authorizing issuance of a building permit for Andy's Market on part of Outlot C, Scott Highlands 3rd Addition, based on a revised site plan with no access to 140th Street, and granting a variance for zero lot line parking setbacks on the south and west interior lot lines. Councilmember Holton questioned the additional use on the property. The architect said the existing business will move into the new part of the building and the existing building will be remodeled and leased. He noted that the existing sign is shown on the plan and they intend to apply for a new sign on the corner. Vote was taken on the motion. Ayes ~ 4 - Nays - 0. Mr. Kelley reviewed his memo dated July 23, 1987, concerning a build- HUNTERS WOOD lng permit on Lot 9, Block 2, Hunters Wood. Mr. Gordon said he has BUILDING PERMIT talked to Mr. Nelson, the neighbor, and he does not object to the re- vised plan; however, he is distrustful that the builder will not disturb the area 20 feet from the north property line and 40 feet from the rear. The Council discussed what measures might be taken as assurance. Mr. Sheldon said based on the history of this property, the City would be in a good position to recover damages and make restoration if the work is not done as approved. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for a single family home on Lot 9, Block 2, Hunters Wood, based on the revised survey by Probe Engineering dated July 16, 1987. Ayes - 4 - Nays - 0. LOT 9, BLK 2 HUNTERS WOOD PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1987 Page 6 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 159 approving plans and specifications for Projects 87-274 and 87-275, Salem Woods and Royal Oaks Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on August 25, 1987. Ayes - 4 - Nays ~ 0. RES. 1987-159 TAKE BIDS PROJ. 87-274 & 87-275 Mayor Branning said the audience discussion item had been dispensed AUDIENCE DISCN. with at the beginning of the meeting due to adverse weather condi- CHERRY OAKS tions; however, Leer Wilson was present and wished to address the ACCESS Council. Mr. Wilson said access to his property, Cherry Oaks Estates, has not been resolved and the storm sewer and sanitary sewer being installed are not going anywhere. He asked the Council to start condemnation proceedings to acquire access through Eagle Ridge 2nd Addition. Mr. Sheldon said he understands the easements will be coming to the Council at its August 13, 1987, meeting and if this does not occur, the Council could look at cdndemnation then. The Mayor asked that a report on the status of all development involved from north of 132nd Street to the south be prepared for August 13th and this matter discussed then. The Council is not in a position to take action on condemnation at this time. MOTION: of Goodwin, seconded by Savanick, authorizing the expenditure of up to $6,700.00 from park dedication funds for installa- tion of an asphalt play court and walking trails in Palomino Park by Dakota Paving, based on its low quotation. Ayes - 4 - Nays - O. PALOMINO PARK ASPHALT WORK Mayor Branning said, in the future, when work as extensive as was done in Palomino Park is proposed, the Council should be informed of the overall plan prior to its implementation. Mr. Johnson said he would do so. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-160 authorizing City Staff to negotiate with the landowner for the purchase of approximately three acres of land at 147th and Galaxie for a governmental facility and further authorizing notification that if an agreement cannot be negotiated, the City will seek to acquire the property by eminent domain. Ayes ~ 4 - Nays - 0. RES. 1987-160 GOVERNMENT CTR. SITE ACQUISITION MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1987-161 specifying notice procedures for regular, special, informal and emergency City Council meetings in conformance with M.S. 412.191 and 471.705. Ayes ~ 4 - Nays ~ 0. RES. 1987-161 MEETING NOTICE PROCEDURES Mr. Gretz informed the Council that tho July 20, 1987, storm caused STORM WATER flooding in several areas of the City. A section of storm sewer is PROBLEMS REPORT required to drain the McNamara property at the southwest corner of Johnny Cake and 140th Street and can be installed by change order to another project. The pond on the Fischer property is flooding and backing up and causing multiple problems and solutions are still being researched. A storm sewer link is needed from CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1987 Page 7 134th Street through the County Road 38 right-of-way which can be installed in the right-of-way, but would require massive tree removal. Doug Alger, who was present, will allow access through his lot, but the storm sewer would then have to be replaced when County Road 38 is constructed. Due to the fact that it may be some time before the road is built this solution is probably more desirable. Mr. Alger said residents would prefer this alternative. MOTION: of Holton, seconded by Savanick, authorizing installation of storm sewer from the McNamara property at a cost of approxi- mately $15,000 and authorizing installation of a storm sewer link from 134th Street to the Gounty Road 38 easement, east on the easement to Lots 6 and 7, Block 2, Heritage Hills 6th Addition, to 132nd Court and along the street to the pond on Lot 10 due to emergency conditions caused by storm water. Ayes - 4 - Nays - 0. AUTHORIZE STORM SEWER WORK MOTION: of Savanick, seconded by Holton, to pay the claims and bills, checks numbered 55833 through 55946 and 55955 through 56077, in the total amount of $8,021,701.64. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Good, in, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:35 o'clock p.m.