Loading...
HomeMy WebLinkAbout05/24/1984CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 24th, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey (attended at 8:07 p.m.) and Savanick (attended at 8:40 p.m.); Clerk Asleson. ABSENT: None. Mayor Branning called the meeting to order at 8:04 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Goodwin, approving the agenda for to- night's meeting as amended and tabling consideration of the building use policy to be discussed June 7, 1984. Ayes - 3 - Nays - 0. APPROVE AGENDA CONSENT AGENDA CHANGE ORDER 2 PROJ. 83-12(1) M.L. GLEN MOTION: of Holton, seconded by Goodwin, removing variance requests in Meadowlark Glen from the consent agenda and approving all remain- ing items on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract with Northdale Construction for Project 83-12(1), Meadowlark Glen Utilities, in the amount of an additional $52,734.47 for Meadowlark Glen 2nd Utilities. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984-81 RES. 1984-81 approving division of special assessments for Hamlet Manor Homes, ASSESSMENT Briarcrest First Addition, Southport First Addition, Carrollwood DIVISIONS gillage Sixth Addition and Lot 2, Block 1, Carrollwood Village Sixth Condominium Units. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving an agreement with Canteen Company to furnish vending machines at Valley Middle Park and Hayes Community Center for concessions with a 10 per- cent commission paid to the City and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a 1984 firearms range permit on Dakota County property at 160th Street and Pilot Knob Road for use related to firearms safety courses, pursuant to City Code Sec. 14-22(c). Ayes - 3 - Nays - 0. CANTEEN PARK VENDING MACH. AGREEMENT FIREARMS RBiNGE PERMIT RES. 1984-82 AWARD CONTRACT PROJ. 84-1 HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984-82 awarding the contract for Project 84-1, 1984 Street Maintenance Program, to Valley Paving, the iow bidder, in the amount of $178,320.00. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the memo from the City Administrator dated May 21, 1984. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1984 Page 2 MOTION: of Goodwin, seconded by Holton, approving the minutes of the MAY 10, 1984 meeting of May 10th, 1984, as written. Ayes - 2 - Nays - 0 MINUTES (Branning Abstained). Councilmember Humphrey attended at this time. Mayor Branning asked if anyone was present to address the Council at this AUDIENCE DISCN. time on any item not on this meeting's agenda. There was no one present to speak. Rick Kelley reviewed the Planning Commission report dated May 18, 1984, on a petition for a building permit for an approximately 70-unit apartment building and a variance for parking lot setback. If approved, the developer has indicated it will be request- ing tax exempt mortgage revenue bonding to finance the project. MOTION: of Goodwin, seconded by Holton, authorizing issuance of a build- WHITNEY PINES ing permit for an approximately 70-unit apartment building at BLDJ PERMIT the southwest corner of Whitney and Whitney and granting a & VARIANCE parking lot setback to 12 feet from east-west Whitney Drive subject to filing a registered land survey prior to occupancy of the building as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Rick Kelley reviewed the Planning Commission report dated May 21, 1984, on a petition for a building permit for a bank/office building on the southwest corner of County Road 42 and Garrett Avenue. The permit would require a variance to the Planned Development Agreement to allow construction to commence prior to construction of a shopping center. Utilities would have to be extended to the property. Keith Gordon said a lift station is under construction about one-fourth mile to the east and would require sanitary sewer extension from that point. Water is available to the site. A preliminary engineering report can be prepared and presented at the same time a preliminary plat for this property is considered. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a COMMUNITY building permit for Community State Bank at the southwest corner STATE BANK of County Road 42 and Garrett Avenue and granting a variance BLDG. PERMIT to allow construction prior to construction of a shopping cen- & VARIANCE ter subject to installation of municipal utilities and filing a final plat prior to occupancy of the building as recommended by the Planning Commission. Ayes - 4 - Nays - 0. The Council received a draft resolution related to noise barriers along CEDAR AVENUE Cedar Avenue. Councilmember Humphrey said he, Mr. Asteson, Mr. Kelley, NOISE BARRIERS the MnDOT District 9 Engineer and three residents met prior to tonight's meeting to diseuss the problem. Mr. Asleson said the discussion resulted in the belief that noise walls were intended to be constructed at three locations along Cedar Avenue. Noise standards are not being violated at this time as far as can be determined, but the MnDOT Engineer will be reviewing the information and try to determine what can be done. The Council will receive a further report by its June 28th, 1984, meeting and the item was tabled until that meeting. Consideration of building use policy amendments was tabled for further discussion at informal meeting on June 7, 1984. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1984 Page 3 MOTION: of Holton, seconded by Goodwin, approving the procedures for a volunteer acknowledgement and recognition program as outlined in the memo from Jon Gurban dated May 21, 1984, consisting of a letter from the Mayor, certificate, City pin, plaque and wine and cheese reception scheduled for Spring of 1985 and included in the 1985 budget. Ayes - 4 - Nays - 0. VOLUNTEER ACKNOWLEDGEMENT & RECOGNITION The Council received letters from the Metropolitan Council dated May 16, 1984, related to appointment of a Chair for the Metropolitan Waste Control Commission and dated May 1, 1984, concerning appointment to the new Regional Transit Board. Mayor Branning asked if there were any comments on these letters; there were none. MOTION: of Holton, seconded by Goodwin, receiving letters from the Metro- politan Council dated May 16th and May 1st, 1984, as described above, for information purposes. Ayes - 4 - Nays - 0. RECEIVE MET COUNCIL LETTERS Mayor Branning said he believes Councilmember Savanick is interested in input on the Regional Transit Board appointment and, if so, this could be discussed at a later date. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984-83 RES. 1984-83 amending Liquor License No. 1053, as approved by Resolution No. AMEND GREEN- 1983-169, for Cedar Valley, Inc., d/b/a Apple Valley Greenstreets, STREETS LIQUOR at 7543 West 147th Street, to include the outdoor sidewalk cafe LICENSE as part of the licensed premises. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a special use permit, pursuant to City Code Sec. A1-23, for outdoor sales of fresh shrimp by Edward J. Green, Jr., d/b/a Fresh Is Best, at the Spur Station, 220 County Road 42, from May through October, 1984. Ayes - 4 - Nays - 0. SPECIAL USE PERMIT FRESH IS BEST The Council received the Planning Commission report dated May 21, 1984, on a petition for setback variances for nine lots in Meadowlark Glen. Councilmember Holton said he would prefer to consider individual variances on each lot rather than a blanket variance. (Councilmember Savanick attended at this time.) Councilmember Holton asked if the variances were being requested because of drainage problems? Keith Gordon said no, for esthetic reasons; without the variances exten- sive fill will be required and many of the trees and natural features around the pond will be disturbed. Councilmember Humphrey asked if a scenic easement over this area should be required? Mr. Gordon said there already is a drainage easement over this area on which no one can build. MOTION: of Holton, seconded by Goodwin, granting setback variances to allow erection of structures to within 20 feet of the street right-of-way on Lots 1 through 4, Block 3, Meadowlark Glen, to expire after five years if not utilized as recommended by the Planning Commission, and to consider variance requests on Lots 7 through 11 on a case by case basis in the future. MEADOWLARK GLEN SETBACK VARIANCES The Council discussed the desirability of preserving as many trees on the lots as possible. A representative of the developer was present and said when the plat was CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1984 Page 4 engineered, they were not aware Diamond Path Road would have a 66-foot wide right-of- way and the streets were located based on topography. He said they would be willing to submit individual variance requests on the lots. Councilmember Humphrey said the developer had been asked to replat some of lots 7 through 10 because they are very narrow and probably should have only been three lots. The developer is opposed to this and for this reason he will vote against the motion. Mayor Branning said the size of the lots was discussed during the platting process and the developer said houses could be built without variances. Councilmember Goodwin asked what the Planning Commission's discussion on this was? Mr. Kelley said exten- sive fill would be required in the backyards without a variance and be less desirable because of removal of trees so the Planning Commission agreed to the variances. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Humphrey). Mayor Branning said he had received information that the City of Boston will be welcoming the M.S. 1500 bike ride participants from Apple Valley upon their arrival June 14, 1984. He will be sending a plaque with them to present to the City of Boston from Apple Valley. MAYOR'S CORRESPONDENCE CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 31042, 37611 through 37699, 37709 through 37743 and 37746 through 37814, in the total amount of $2,521,007.50. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:04 o'clock p.m.