CITY OF APPLE VALLEY

Dakota County, Minnesota

November 14, 1996

Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 14th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall.

ABSENT: None.

City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow.

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.

Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. No one was present to speak.

CONSENT AGENDA ITEMS

END OF CONSENT AGENDA

Police Chief Willow introduced Monica Bogner to the Council. She is joining the City as a Crime Prevention Specialist effective November 18th.

Police Chief Willow introduced Jeffrey McCormick to the Council. He is joining the City as a new Police Officer effective November 15th. City Clerk Mueller then administered the oath of office to Officer McCormick.

Steve Mattson, of Juran & Moody, the City’s financial consultant, reviewed the bids received today for the sale of $4,535,000 of improvement bonds. There were nine bidders and he recommended awarding the sale to the low bidder, First Bank.

Mr. Mattson reviewed the bids received today for the sale of $370,000 of equipment certificates. There were two bidders and he recommended awarding the sale to the low bidder, First Bank.

Mayor Branning called the public hearing to order, at 8:12 p.m., to consider vacating part of 132nd Street in White Oak Ridge and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed purpose of the proposed vacation as described in the Community Development Director’s memo dated November 8, 1996. When 132nd Street was reconstructed in White Oak Ridge, the intersection with Pilot Knob Road was moved farther north. Part of the old right-of-way is no longer needed and can be vacated. Both Dakota Electric Association and Minnegasco have asked to preserve easements for utilities located in the right-of-way. Action should not be taken to complete the vacation until the description is redrafted.

The Mayor asked for questions or comments from the Council and the public. Susan Brown, 5200 - 132nd Street, said they own both Lot 25 and Outlot A which will be affected by the vacation. When they applied to refinance their house, located on Lot 25, they found they did not own the new driveway. She asked the Council to approve the vacation. There were no other comments and the hearing was declared closed at 8:16 p.m.

Ms. Bodmer reviewed the Planning Commission recommendation on phase two of Valley Oaks Townhomes located on the west side of Pennock Avenue at 128th Street. It is for 10 townhouse units. The preliminary plat for 36 units on the east side of Pennock was approved October 10, 1996. All units meet the 30-foot setback required and no variances are needed. The Council received the Community Development Director’s memo dated November 13, 1996, concerning a petition from residents of Eaton Mobile Home Park requesting an Environmental Assessment Worksheet (EAW) and reduction in the number of townhomes.

Councilmember Erickson asked what triggers an EAW process? Ms. Bodmer said the State sets the guidelines and for a City the size of Apple Valley, an EAW is not required for a development of fewer than 40 units.

Councilmember Sterling asked if there will be porches on the rear of the building and how much slope there will be. Bill Diedrich, the developer, said there will not be porches, but privacy fences between the units and kitchen areas will be bumped out. The height of the slope ranges from 4 to 13 feet. There will be no grading on the north end of the property to retain trees and an easement will be provided for Saddle Ridge to put up a sign.

Jerry Steinert, resident of Eaton Park, asked if parking and crime issues have been addressed? He said the Park has been maintaining the hill area and objects to the proposed development.

Bill Milon, 7840 West 128th Street, said this is not just a development of 10 units; it should be considered as the entire 46 units. He expressed concern about emergency access to Eaton Park if the west side is developed. He is opposed to a conditional use permit for vinyl siding and believes the development is too dense. He asked about a rumor that these will be rental units. Mr. Diedrich said these will be owner occupied units. A sample of the siding was given to residents of Saddle Ridge and they did not object.

Vicki Lair, resident of Eaton Park, referred to photographs of the site submitted with her letter of November 13, 1996, and asked which trees will be saved? Mr. Diedrich reviewed them with her.

Kelly Gruett, resident of Eaton Park, expressed concern about drainage, the hole where excavation is being done, trees being removed, and density.

Phil Schlotfeldt, 7609 West 128th Street, asked where the sidewalk on Pennock will go and said he believes the development is too dense and he is opposed to vinyl siding. Mr. Diedrich said sidewalk on the west side of Pennock will remain where it is. New sidewalk is being installed along the east side of Pennock.

Pat Therrien, resident of Eaton Park, expressed concern about the Park being taken over for other development and losing her home and about traffic on Pennock Avenue.

Colleen Arndt, Eaton Park Manager, commented that the Park owner unsuccessfully tried to negotiate purchase of the land on the west side and asked the Council to be concerned about the future of the Park.

Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Goodwin).

Vote was taken on the motion. Ayes 4 - Nays - 1 (Goodwin).

Mayor Branning called the public hearing to order, at 9:37 p.m., to consider Project 96-443, Valley Oaks Townhomes Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 15, 1996. Mayor Branning asked if there is a problem with having both phases of the development in one project? Mr. Gordon said the west side could be deleted if it does not proceed. The Mayor asked for questions or comments from the Council and the public. There were none and , at 9:40 p.m., the hearing was continued to November 26, 1996.

Mr. Lovelace reviewed the Planning Commission recommendation on Valley Pines Townhomes located at the northeast corner of County Road 42 and Embry Path.

Vote was taken on the motion. Ayes - 4 - Nay - 0 (Branning Abstained).

Mr. Lovelace reviewed the Planning Commission recommendation on Fischer Market Place located north of County Road 42 and east of Galaxie Avenue. The 124-acre site is being converted from a sand and gravel operation to proposed mixed commercial, office and office warehouse uses. Mr. Gretz noted that authorization to distribute the Environmental Assessment Worksheet (EAW) was removed from the agenda because some details have not been completed.

Kurt Proud, of Williams Pipeline Company, was present and said they will have comments on the siting of 147th Street and Foliage Avenue and will want to discuss those issues when they are being considered.

Vote was taken on the motion. Ayes - 5 - Nays - 0.

Mayor Branning reported on a regional Mayors’ meeting, Dakota League of Governments meeting and Metro East meeting he attended this week.

Mayor Branning read a prepared statement thanking the citizens for the opportunity to serve on the Council and expressing appreciation to the voters for electing him to a position on the Dakota County Board. He commented on negative campaign tactics and stated he will strive to set high ethical standards.

MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0.

The meeting was adjourned at 10:25 o’clock p.m.