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HomeMy WebLinkAbout10/27/1983CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 27, 1983, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: Councilmember Branning. Mayor Overgard 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 to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Savanick, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving a transient met- TRANS. MERCHANT chant license for five years for Apple Corps 4-H Club. Ayes LICENSE - 4 Nays - 0. MOTION: of Holton, seconded by Savanick, approving a 1983 tranient mer- TRANS MERCHANT chant license for LeRoy and Marlys Gage to sell Christmas Trees LICENSE at American Legion Post 1776. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving Change Order No. 1 to CHANGE ORDER 1 the contract with Northdale Construction Co. for Project 83-12, PROJ. 83-12 Meadowlark Glen Utilities, in the amount of a $6,156.00 deduction. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983- 144 receiving the preliminary engineering report on Project 83- 6, County Road 11 and 140th Street Intersection Improvements, and setting a public hearing On it at 8:00 p.m. on November 22, 1983. Ayes - 4 - Nays - 0. RES. 1983-t44 SET HEARING PROJ. 83-6 BLDG. PERMIT LOT 2, BLK 8, V.C. PARK 2ND RES. 1983-145 MIDWEST UNDER- GROUND SEWER TV INSPECTION SERVICES SPECIAL MEETING FUTURE COUNTY ROAD 38 MOTION: of Holton, seconded by Savanick, approving a building permit for an office building and the landscape plan on Lot 2, Block 8, Valley Commercial Park 2nd Addition as recommended by the Plan- ning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983- 145 authorizing the Mayor and Clerk to execute a contract with Midwest Underground, Inc., based on its low quotation, in the amount of $3,798.00 for sanitary sewer television inspection services with actual amount of the contract determined by work performed at the applicable unit prices. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, setting a special meeting at 8:00 p.m. on November 17, 1983, at the City Hall to discuss future County Road 38 construction plans with interested resi- dents and such other business as may come before the Council. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1983 Page 2 MOTION: of Holton, seconded by Savanick, approving the minutes of the OCTOBER 6, 1983 special meeting of October 6, 1983, as written. Ayes - 4 - MINUTES Nays - 0. MOTION.: of Humphrey, seconded by Savanick, approving the minutes of OCTOBER 13, 1983 the regular meeting of October 13, 1983, as written. Ayes -3 MINUTES - Nays - 0 (Overgard Abstained). Mayor Overgard asked if anyone 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. AUDIENCE DISCN Mayor Overgard reconvened the public hearing at 8:05 p.m. on the City's LOANS TO LENDERS 462c housing plan continued from October 13, 1983. Mr. Asleson re- HOUSING PLAN viewed the purpose of the plan which is to provide tax exempt finan- PUBLIC HEARING cing for construction of rental housing. The plan proposed would fol- low the guidelines of the Council's Resolution No. 1983-109, limiting it to not more than two multiple dwelling projects with a total of not more than 350 dwelling units. Marcia Cohodes, of Miller & Schroeder, was present and distributed a draft of a letter of introduction to the Metropolitan Council. The letter described the pro- cedure of submitting the housing plan first for approval. Each individual housing project would be submitted separately. Herbert Wensmann was present and said he is interested in developing one of the multiple dwelling projects with this financing. Mayor Overgard asked for any other questions or comments from the public. There were none and the hearing was closed at 8:12 p.m. The Council reviewed the Planning Commission's recommendation on the housing plan, contained in a memo from John Gretz, dated October 20, 1983. Lynne Kline, of the Planning Commission, was present and said the Commission is in favor of the concept of providing additional rental housing, but believes the tax exempt financing should be limited to a maximum of'350 dwelling units at this time. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- 146 adopting the Housing Plan, under Minnesota Statutes, Chap- ter 462C, and authorizing its submission to the Metropolitan Council. Ayes - 4 - Nays - 0. RES. 1983-146 ADOPT 462C HOUSING PLAN CEDAR AVENUE STATUS REPORT ORDINANCE 305 MINNEGASCO FRANCHISE John Gretz distributed a memo, dated October 27, 1983, on the construc- tion progress of Cedar Avenue. Opening is tentatively planned for November 23, 1983, and the final decision on the date will be made November 1st. MOTION: of Savanick, seconded by Holton, passing Ordinance No. 305, amending Appendix C of the City Code, granting Minnegasco, Inc., a nonexclusive franchise to provide gas energy in the City for a period ending June 30th, 2003. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1983 Page 3 MOTION: of Holton, Seconded by Humphrey, passing Ordinance No. 306 rezon- ORDINANCE 306 lng the property for The Oaks of Apple Valley 2nd Addition from REZONING THE R-IA to R-lC and R-2 as recommended by the Planning Commission. OAKS 2ND ADDN. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of The Oaks of Apple Valley 2nd Addition, as recommended by the Planning Commission, and directing Staff to prepare a subdivi- sion agreement for consideration. THE OAKS 2ND PRELIM. REPORT Councilmember Holton asked how long the northern cul de sac is? Keith Gordon said it is about 500 feet long. Councilmember Savanick asked how access will be provided for the strip of property remaining between this subdivision and Palomino Woods? Terry Maurer said cul de sacs can be extended on both sides of Harwell Avenue. The property owner was contacted and is apparently not interested in developing it at this time. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, directing the Engineer to pre- pare a preliminary feasibility report for public improvements to serve The Oaks of Apple Valley 2nd Addition. Ayes - 4 - Nays - O. THE OAKS 2ND PRELIM. REPORT NORDIC WOODS 5TH TO 8TH PRELIM. PLAT MOTION: of Humphrey, seconded by Holton, approving the preliminary plat of Nordic Woods 5th through 8th Additions, as recommended by the Planning Commission, and directing Staff to prepare a subdivision agreement for consideration. Councilmember Savanick questioned road access to the area. Mr. Gretz,said it will have two accesses to T.H. 77 and possibly one access to Galaxie Avenue, to the east, when that unplatted property develops. A temporary service road from Galaxie Avenue will provide access until T.H. 77 is constructed. Councilmember Holton said he objects to the long cul de sac on the north. Mr. Gretz said it is shown to end in a cul de sac on the preliminary plat, but will continue through Outlot B when it is platted. Councilmember Humphrey asked if these concerns could be addressed in the subdivision agreement? Mr. Gretz said the 5th Addition will be the first one platted and contains 22 lots. Before the'other final plats are submitted, the access through Outlot B and to Galaxie Avenue will be known. Councilmember Savanick said, as shown, only the 5th Addition preliminary plat is accept- able. She also asked what storm sewer is required. Keith Gordon said there are several large ponds in the area of the 5th Addition and storm sewer will be constructed with T.H. 77 which will connect to the Cedar Knolls pond. Before the other additions are platted, construction of the T.H. 77 storm sewer should probably be required. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Humphrey directing the Engineer to pre- pare a preliminary feasibility report for public improvements to serve Nordic Woods 5th Addition. Ayes - 4 - Nays - 0. NORDIC WOODS 5TH PRELIM. REPORT CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1983 Page 4 MOTION: of Holton, seconded by Savanick, passing Ordinance No, 307 re- zoning property in the southwest quadrant of the intersection of Galaxie Avenue and County Road 42 from PD #244 to GB as re- commended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE 307 REZONING SUNNYSIDE CHRY MOTION: of Holton, seconded by Humphrey, approving a one-lot prelimin- SUNNYSIDE CHRY. ary plat in the southwest quadrant of the intersection of Gal- PRELIM. PLAT axie Avenue and County Road 42 subject to a 40-foot half right- of-way for 151st Street as recommended by the Planning Commis- sion. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, approving a conditional use SUNNYSIDE CHRY. permit for outdoor display and sales of automobiles on property CONDITIONAL located in the southwest quadrant of the intersection of Gal- USE PERMIT axie Avenue and County Road 42 subject to prohibiting parking vehicles in any boulevard or landscaped area as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving a building permit and landscape plan for Sunnyside Chrysler on property located in the southwest quadrant of the intersection of Galaxie Ave- nue County Road 42, subject to filing the final plat before occupancy, and granting a variance allowing parking eight feet closer to 151st Street than the 15 feet stipulated in the Zon- ing Ordinance as recommended by the Planning Commission. SUNNYSIDE CHRY. BLDG. PERMIT, LANDSCAPE PLAN & PARKING VARIANCE Councilmember Humphrey questioned allowing parking next to the building and asked if the Fire Department has reviewed the need for a fire lane yet? Al Schackman, of Ryan Construction, reviewed the parking spaces proposed. Mr. Gretz said the Fire Marshal will be reviewing the building plans as part of the plan check before a building per- mit is issued. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving fees for issuance of two building permits in Lebanon Hills Regional Park for Dakota County consisting of MWCC SAC charge, road unit charge, state surcharge, water supply and storage charge and City sewer availability charge and waiving the building permit and plan check fees. Ayes - 4 - Nays - 0. LEBANON PARK BUILDING PERMIT FEES RES. 1983-147 PROJ. 83-3(2) PLANS & BIDS MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1983- 147 approving plans and specifications for Project 83-3(2), Central Sanitary Trunk Sewer Diversion, Phase 2, and authoriz- ing advertisement for bids to be received at 2:00 p.m. on November 30, 1983. Ayes - 4 - Nays - O. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1983- RES. 1983-148 148 designating future 145th Street between Johnny Cake Ridge M.S.A. STREET Road and Galaxie Avenue as a Municipal State Aid Street in the DESIGNATION City. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1983 Page 5 The Council received a report dated October 24, 1983, from Jon Gurban on 1983 and future operations of Valleywood Golf Course. The council review- ed the report with Mr. Gurban Mayor Overgard commended him on the report and improved operation of the golf course in the past year. Mr. Gurban said the proposed fee schedule contained in the report is included for in- formation only and the 1984 fee schedule will be submitted to the Council for approval in January. GOLF COURSE OPERATIONS REPORT MOTION: of Holton, seconded by Humphrey, approving the promotion of Merle Lohse to the position of Police Sergeant effective November 12, 1983, at a salary of $2,496 per month. Ayes - 4 - Nays ~ 0. PROMOTE LOHSE TO SERGEANT MOTION: of Savanick, seconded by Holton, passing Ordinance No. 308 amend- ing the City Code related to regulations on peddlers, solicitors and transient merchants in the City, registration of charitable organizations and prohibiting peddlers and solicitors from resi- dential premises between the hours of 9:00 p.m. and 9:00 a.m. Ayes - 4 - Nays - 0. MOTION:of Holton, seconded by Humphrey, approving a 1983 taxicab licen- se for Apple Valley Cab Company. Ayes - 4 - Nays - 0. ORDINANCE 308 PEDDLER, SOLI- CITOR, TRANSIENT MERCHANT REGS. APPLE VALLEY CAB LICENSE MOTION: of Holton, seconded by Savanick, approving a transient merchant TRANS. MERCHANT license for five years for Minnesota Public Interest Research LICENSE Group, Ayes - 4 ~ Nays - 0, John Gretz reviewed a request to delete sidewalks from Forest Park 2nd Ad- FOREST PARK dition. When the subdivision was approved, the City's sidewalk policy re- 2ND SIDEWALKS quired sidewalks on both sides of streets. The developer was installing the sidewalks on a lot by lot basis, as homes were constructed, to avoid damaging them during construction. Forest Park 3rd Addition was approved under the City's current sidewalk policy and are only required on both sides of 144th Street. Only three lots in the 2nd Addition have sidewalk thus far and the other residents asked that they not be installed. Under the City's current policy, sidewalks would not be required in the 2nd Addition. The developer will remove the existing sidewalks in the 2nd Addition, at his expense, rather than install the remaining sidewalks and the residents have concurred. MOTION: of Humphrey, seconded by Overgard, amending the subdivision agree- ment for Forest Park 2nd Addition by removing the requirement for installation of sidewalks subject to receipt of a letter from each property owner agreeing to the deletion of the sidewalks. Ayes - 3 - Nays - 1 (Savanick). REMOVE FOREST PARK 2ND SIDEWALKS COUNCIL TABLE NEWSLETTER CLAIMS & BILLS Councilmember Savanick said one more "Council Table" newsletter is provided in the 1983 budget and asked when it should be prepared? The Council agreed it should be prepared for distribution December 15th and all arti- cles should be submitted by November 15, 1983. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 31005, 31006, 34733 through 34816 and 34825 through 34924, in the total amount of $2,318,717.18. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1983 Page 6 MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:55 o'clock p.m.