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HomeMy WebLinkAbout04/25/1985CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 25th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Administrator Asleson and City Clerk Mueller. ABSENT: None. 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 Humphrey, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, adding conditional use permits for horse boarding and motor fuel sales, a building permit for an office/warehouse, submittal of environmental assessment work- sheets and setting a public hearing on Project 85-222 to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving a Conditional Use Permit for Grant Beyl and Robert Thelen to conduct a commercial horse boarding operation for a maximum of 15 horses at 13045 Johnny Cake Ridge Road for a period of ten years as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CONDL. USE HORSE BOARDING CONDL. USE MOTOR FUEL SALE: BLDG. PERMIT LOT 5, BLK 4, V.C. PARK 2ND SUBMIT EAW'S LAC LAVON & SCOTTSBRIAR RES. 1985-79 SET HEARING PROJ. 85-222 MOTION: of Goodwin, seconded by Humphrey, approving a Conditional Use Permit for P.D.Q. Stores of Minnesota for motor fuel sales at 14265 Essex Avenue according to the site plan dated February 16, 1985, for a period of 15 years as recommended by the Plan- ning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit to Domestic Development for an office warehouse on Lot 5, Block 4, Valley Commercial Park 2nd Addition, as re- commended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting the Environmental Assessment Worksheets for Lac Lavon Shores and Scottsbriar and authorizing their submittal to the Environmental Quality Board and affected governmental agencies. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 79 receiving the preliminary engineering report on Project 85- 222, Carrollton Estates Trunk Storm Sewer and Utilities, and setting a public hearing on it at 8:00 p.m. on May 23, 1985. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 80 awarding the contract for Project 85-223, Deep Well No. to E. H. Rennet & Sons, the low bidder, in the amount of $88,450.00. Ayes - 5 - Nays - 0. 1985- RES. 1985-80 11, AWARD CONTRACT PROJ. 85-223 CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1985 Page 2 MOTION: of Goodwin, seconded by Humphrey, receiving notice of opportu- nity to comment on School District 196's amendment to its Land Use Capital Improvement Program, prepared pursuant to the Metropolitan Land Planning Act. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, receiving the Apple Valley Cable Television Committee's 1984 Annual Report. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, granting a setback variance for Lot 9, Block 1, Diamond Path Addition, to allow construc- tion to within three feet nine inches of the northeasterly side lot line for a garage addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 81 ordering installation of stop signs on Fireside Drive at Mclntosh Drive, on Foliage at 133rd Street and on Ferris at 134th Street. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 82 requesting Mn/DOT to perform engineering and traffic analy- sis studies on Pennock Avenue, from 138th Street to the north end of Pennock, for the purpose of determining its speed limit. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 83 approving the final plat of Carrollwood Village Eighth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Savanick, approving the minutes of the regular meeting of March 28th, 1985, as written. Ayes - 3 - Nays - 0 (Branning and Humphrey Abstained). MOTION: of Savanick, seconded by Humphrey, approving the minutes of the regular meeting of April llth, 1985, as written. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the minutes of the special meeting of April 18th, 1985, as written. Ayes - 5 - Nays - 0. 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. Mark Eaves was present for the completion of his Eagle Scout project. He has constructed five wood duck houses and donated them to the City to be placed in various parks. The Council acknowledged and thanked him for the donation. I.S.D. 196 CAPITAL IMP. PROGRAM CABLE TV ANNUAL REPORT SETBACK VARIANCE RES. 1985-81 INSTALL STOP SIGNS RES. 1985-82 PENNOCK AVE. SPEED SURVEY RES. 1985-83 FINAL PLAT C.W. VILL. 8TH MARCH 28, 1985 MINUTES APRIL 11, 1985 MINUTES APRIL 18, 1985 MINUTES AUDIENCE DISCN. EAGLE SCOUT DONATION CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1985 Page 3 Boy Scout Troop 204, with their leader, Mark Gjerde, were in attendance as part of their work toward a merit badge in citizenship. Mayor Branning read the various proclamations for upcoming activities. MOTION: of Holton, seconded by Goodwin, proclaiming the week of May 5th, 1985, as Bike Safety Week; the week of May 12th, 1985, as Police Week; the week of May 5th as Small Business Week; and adopting Resolution No. 1985-84 proclaiming the week of April 22nd, 1985, as Volunteer Recognition Week. Ayes - 5 - Nays - 0. PROCLAMATIONS Mayor Branning called the public hearing to order at 8:19 p.m. and noted PUBLIC HEARING receipt of the affidavit of publication of the hearing notice on Project PROJ. 85-229 85-229, construction of 142nd Street from Pilot Knob to Johnny Cake Ridge 142ND STREET Road. Keith Gordon reviewed the engineering report, dated March 20, 1985, and noted sidewalk will be constructed on the north side of 142nd Street with this project. Sidewalk on the south side of the street will be constructed by the de- veloper of Scottsbriar. Councilmember Savanick asked if there would be a problem with part of the sidewalk being installed later? Mr. Gretz said this has been done in other areas without problems. Mr. Gordon said previous sidewalk problems were with wooded lots, but not with this type of development. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:22 p.m. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- RES. 1985-85 85 ordering installation of Project 85-229, 142nd Street between ORDER PROJ. Pilot Knob and Johnny Cake Ridge Roads. Ayes - 5 - Nays - 0. 85-229 Consideration of the plans and spedifications for Project 85-229 was tabled until May 9, 1985, because they are not yet complete. Mayor Branning called the public hearing to order at 8:23 p.m. and noted receipt of the affidavit of publication of the hearing notice on Project 84-23, Revised, Trunk Highway 77 Related Improvements. Mr. Gordon review- ed the engineering report dated March 21, 1985. The City's project would consist of constructing a storm sewer lift station, force main and gravity lines to provide an outlet to a pond in the Cedar Knolls area. Mn/DOT will construct storm sewer and utility crossings related to Trunk Highway 77. A member of Scout Troop 204 asked what happens to salamanders and other creatures when a pond is pumped? PUBLIC HEARING PROJ. 84-23 T.H. 77 RELATED IMPROVEMENTS Mr. Gordon said there is a screen on the pump, but some of them get through it and are either killed or pumped on to the next pond. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:28 p.m. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1985- 86 ordering installation of Project 84-23, Revised, Trunk Highway 77 Related Improvements. Ayes - 5 - Nays - 0. RES. 1985-86 ORDER PROJ. 84-23,~ REVISED_ MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985-87 directing the Engineer to prepare plans and specifications for Part One of Project 84-23, Revised, Cedar Knolls Lift Station and Storm Sewer. Ayes - 5 - Nays - 0. RES. 1985-87 PROJ. 84-23 PLANS & SPECS. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1985 Page 4 MOTION: of Humphrey, seconded by Goodwin, authorizing the expenditure "OLD TOWN HALL" of $60.00 toward the purchase of a brass plaque to be placed PLAQUE in the "Old Town Hall" building at Dakota City with the Histor- ical Committee paying the balance of the cost as requested by the Committee in a memo dated April 9, 1985. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, tabling consideration of a Conditional Use Permit for Dick Smith Motors until May 9, 1985. Ayes - 2 (Holton and Savanick) - Nays - 3 (Branning, Goodwin and Humphrey) Motion Failed. TABLE SMITH CONDL. USE CONDL. USE SMITH MOTORS MOTION: of Humphrey, seconded by Goodwin, approving a Conditional Use Permit for Dick Smith Motors on Lots 6 and 7, Block 6, Valley Commercial Park 2nd Addition for outdoor sales and storage of motor vehicles in a "used car" operation according to the site plan dated March 27, 1985, for a 15-year period, as recommended by the Planning Commission. Councilmember Goodwin asked for information about the building on the property. Mr. Gretz said Smith Motors originally requested a sign for a used car dealership on the property. He was advised that a conditional use permit is required for such a use and subject to it being approved, a sign permit could then be applied for. During this time, a building was moved onto the property without a building permit. Smith Motors was advised, by letter, that it must apply for a building permit, however, the building, as it exists, is not in conformance with the building code. Action on a sign permit or building permit cannot be taken until a conditional use permit is approved. Councilmember Holton asked if there could be a pylon sign without a building and if the building has been used by Smith Motors? Mr. Gretz said after a conditional use permit has been approved, there could be a pylon sign. He visited tho site at 4:00 p.m. today and the building was being used at that time. Dick Smith was present and said he understood parking lot improvements and lighting were necessary for the conditional use permit, which he is doing. There was a mis- understanding about the building, but he has not used it for two days. Councilmember Savanick asked if the building will be brought up to code? Mr. Smith said yes it would. Mr. Gretz said he has advised Mr. Smith that if a building per- mit is not applied for tomorrow and the building is still being used, the Attorney would be asked to file a complaint. The permit application must contain plans~for bringing the building up to code and it must be reviewed by the Planning Commission and approved by the City Council. Mr. Sheldon said any work done by Smith Motors on the building prior to approval of the building permit would be at its own risk. Councilmember Holton said he is concerned about businesses that proceed contrary to City ordinances and asked what would be grounds for denial of a conditional use permit and what conditions could be placed on it. Mr. Sheldon said he would have to research these questions. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Holton). CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1985 Page 5 Councilmember Savanick asked why the building doesn't meet code? Mr. Gretz re- viewed the items including energy regulations and handicapped requirements. Mr. Smith said he will meet every requirement as soon as fill and blacktop are in place. Mr. Gretz again reviewed the steps required in obtaining a building permit. Council- member Savanick asked if he could work on the building before approval. Mr. Sheldon said any improvements are at his own risk. Mr. Gretz said he cannot occupy the building until a certificate of occupancy is issued, after final inspection. MOTION: of Holton, seconded by Goodwin, approving three off-site direc- tional signs for the Cobblestone Manor development with removal of the signs within one week after County Road 11 is open to traffic, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COBBLESTONE OFF-SITE SIGNS CARROLLWOOD 6TH BLDG. PERMITS RES. 1985-88 FINAL PLAT PILOT KNOB 4TH MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of build- ing permits for a 51-unit apartment building and 19 townhouse units on Lots 1, 3 and 4, Block 1, Carrollwood Village 6th Ad- dition, subject to further reivew of a detailed landscaping plan to be submitted with the permit applications, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1985- 88 approving the final plat and development agreement for Pilot Knob Estates Fourth Addition and authorizing the Mayor and Clerk to sign the same. Councilmember Holton asked why park dedication is shown at $9,000 per acre in this agreement and not at $12,000 per acre? Mr. Gretz said when_the preliminary plat was approved, $9,000 was the rate. Future agreements will be at $12,000 or market value. The Council discussed whether it should be increased for this plat and agreed it should remain at $9,000 per acre, however this is not necessarily a precedent for other plats. Vote was taken on the motion. Ayes - 5 - Nays - 0. Consideration of a development agreement for Apple Valley Commons was tabled until May 9, 1985. MOTION: of Holton, seconded byGoodwin, adopting Resolution No. 1985-89 approving plans and specifications for Project 85-231, Storm Sewer Improvements on Pilot Knob Road, and authorizing advertise- ment for bids to be received at 2:00 p.m. on May 20, 1985. Ayes - 5 - Nays - 0. RES. 1985-89 TAKE BIDS PROJ. 85-231 RES.-1985-90 TAKE BIDS FIRE TRUCK MOD. COUNTY LANDFILL ALTERNATIVES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985-90 approving specifications for Fire Truck Modifications and auth- orizing advertisement for bids to be received at 2:00 p.m. on May 13, 1985. Ayes - 5 - Nays - 0. Mr. Gretz said Dakota County will be collecting 25¢ per cubic yard of solid waste at landfills and intends to make the funds available to cities in a matching grant program. Projects such as curbside recycling, CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1985 Page 6 composting, etc., would be eligible for grants. The County is asking for comments on the program and if it is implemented, cities would have until June 28, 1985, to apply for a grant. The Council discussed the possibility of cities competing against each other for the funds with small projects that have very little impact on the landfill problem. The Council agreed Staff should send a letter to the County encouraging it to use the funds on a county-wide project rather than a grant program. The Council received a memo from George Ballenger dated April 25, 1985, concern- ing umbrella liability insurance. Based on quotations received, he would recommend accepting $3,000,000 of coverage at this time. He will continue to watch the markets for the possibility of increasing the coverage to $10,000,000 at a rea- sonable cost. MOTION: of Savanick, seconded by Goodwin, accepting $3,000,000 umbrella UMBRELLA,LIAB. . liability insurance with Integrity Insurance Company effective INSURANCE April 25, 1985, at a premium of $10,500. Ayes - 5 - Nays - 0. Mr. Gretz said when Cedar Avenue was completed, Mn/DOT was requested to 127TH STREET review the speed limit on Palomino Drive between County Road 11 and SPEED LIMIT Cedar Avenue. Mn/DOT included i27th Street between Cedar Avenue and Galaxie Avenue in the study and the speed limit in that area was reduced to 35 miles per hour. It has been questioned whether that is too low and if it should be reconsidered. The Council discussed it and agreed it should not be reconsi- dered now though after Galaxie Avenue, Trunk Highway 77 and 35E are open for traffic, it might be appropriate. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 91 designating, as Municipal State Aid streets, No. 106 Flag- staff Avenue from 140th to 150th Street; No. 108 Pennock Lane from 145th to 150th Street; and No. 111 145th Street from Pennock Lane to Cedar Avenue. Ayes - 5 - Nays - 0. RES. 1985-91 M.S.A. STREET DESIGNATIONS HIRE PARTTIME EMPLOYEES MOTION: of Goodwin, seconded by Humphrey, approving hiring the parttime employees as listed in the memo from the City Administrator dated April 25, 1985. Ayes - 5 - Nays - 0. Mr. Gretz presented a revised map of Carrollton Estates, prepared by the CARROLLTON developed based on the Council discussion of April 18, 1985. It shows EST. UPDATE a retail site at County Road 42 and Pennock, bordered by a collector street, with the multiple dwelling site on the northwest side of the collector street. The Institutional site north of the Fire Station has been changed to single family. A library site, park and pond are along County Road 42, east of the Fire Station. If a library is not developed in five years, the site would revert to multiple dwelling use. The pond along Pennock has been reconfigured and retail uses abut Pennock. The map was received yesterday and has not been thoroughly reviewed yet. The Planning Commission will be reviewing it May 1, 1985. Mr. Ourban said he would suggest three lots north of the Fire Station be added to the library/park site in exchange for some interior lots. Councilmember Holton said he is concerned about the five-year option on the library site and would prefer it remain park rather than reverting to multiple dwellings. CI~f OF APPLE VALLEY Dakota County, Minnesota April 25, 1985 Page 7 Mayor Branning said his opinion is that if there is not a library on the site, the City does not need a park in that location and multiple would be preferable. Arleigh Thorberg asked what the acreage for retail business is shown as now? Mr. Gretz said about 38 acres and the library site is about 14 acres. Mayor Branning said the Council is looking for a shopping center/mall type development in the retail area and not small lots. Councilmember Savanick asked if the farm building site is part of the library/park site, who will be responsible for removing the buildings or can they be used for something? Mr. Gretz said this has not been discussed and will have to be addressed in the development agreement. Mr. Asleson said this development will be scheduled for further Council considera- tion at its May 23, 1985, meeting. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 31085, 42534 through 42570 and 42572 through 42605, in the total amount of $1,903,110.83. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:30 o'clock p.m.