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HomeMy WebLinkAbout08/26/1982CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held August 26, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly and Overgard; Clerk Asleson. ABSENT: Councilmember Savanick. Mayor Garrison called the meeting to order at 7:30 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance td the flag. MOTION: of Overgard, seconded by Kelly, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- RES. 1982-102 102 authorizing the installation of a stop sign on Golding Lane INSTALL STOP at its intersection with Cortland Drive South. Ayes - 4 - Nays - 0. SIGN MOTION: of Branning, seconded by Overgard, accepting the resignation of Douglas Dahlen from the Park Committee. Ayes - 4 - Nays - 0. DAHLEN PARK COM. RESIGNATION ERICKSON PARTY PERMIT HIRE RUEBEL LIQ. SALES CLERK HIRE PARTTIME EMPLOYEES KELLEY SALARY INCREASE JULY 29, 1982 MINUTES AUG. 12, 1982 MINUTES MOTION: of Branning, seconded by Overgard, to issue a party permit to Sue Erickson, 437 Walnut Lane, on behalf of a neighborhood group, pur- suant to Sec. 14.5-3(g)(1) of the City Code to be valid on either September 4, 5, or 6, 1982. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving hiring Mark Ruebel as a parttime Liquor Sale Clerk, effective August 30, 1982, at a salary of $3.75 per hour. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving hiring Dan Schmidt as Parks Maintenance II, effective August 27, 1982, at a salary of $4.00 per hour and Krista Monson as Lifeguard/Instructor II effec- tive August 24, 1982, at a salary of $4.25 per hour. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving a salary increase to $1,802.00 per month effective August 17, 1982, for Richard Kelley. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, approving the minutes of the special meeting of July 29, 1982, as written. Ayes - 2 - Nays - 0 (Garrison and Kelly Abstained). MOTION: of Overgard, seconded by Kelly, approving the minutes of the reg- ular meeting of August 12, 1982, as written. Ayes - 3 - Nays - 0 (Branning Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1982 Page 2 Mayor Garrison asked if there was anyone in the audience who wished to address the Council at this time on any item not on the meeting agenda. There was no one present. AUDIENCE DISC Rick Kelley reviewed the proposal of Pennock Place Partners, Inc. for PENNOCK PLACE two condominium buildings to be located at the southeast quadrant of NORTH PROPOSAL 140th Street and Pennock Avenue. The developer has met with residents living north of this property and they have agreed to compromises in the plan. The northern building would be two stories and contain 28 units with M-3 zoning. The southern building would be three stories and contain 54 units with M-4 zoning. A variance Would be required f0r the extra units in the M-4 zone. Tom Heiberg repre7 senting the developer, was present to answer questions. Tom Stuebe, 13980 Granada Court, representing residents in the Timberwick area, com- mented on the residents' concerns and presented an agreement signed by the residents and the developer outlining the revised proposal. Mr. Stuebe said the residents would also like to be on record that when abutting property along 140th Street is rezoned, it be limited to M-3 also. MOTION: of Branning, seconded by Garrison, passing Ordinance No. 273 rezoning the northern portion of the Pennock Place North pro- perty to M-3 and the southern portion to M-4. ORD. NO. 273 REZONING PENNOCK NORTH Councilmember Overgard expressed concern about having to grant a variance on the M-4 portion to accomodate the extra units and asked if it could not all be rezoned to M~47 Mr. Kelley said unless it were to be a planned development, there would be nothing to restrict a future developer from increasing the size of the building on the northern portion if it had M-4 zoning. Dorothy Russell, 14224 Cedar Avenue, said her property abuts this on the east and she has talked with Mr. Heiberg and there has been no compromise as far as she is concerned. She said more attention should be given to preservation of the oak trees on the property for environmental and historical reasons. Mr. Heiberg said the garages have been re- located to preserve as many trees as possible, but some will still have to be removed. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving the preliminary plat of Pennock Place North, building permits for a 54-unit, three-story building, a 28-unit two-story building and garages, and a variance to exceed the maximum units in an M-4 zone for the 54-unit building with occupancy subject to filing of the final plat. PENNOCK PLACE NORTH PRELIM. PLAT, BLDG. PERMIT & VARIANCE Councilmember Branning questioned the two accesses on 140th Street and asked if the westernmost driveway could be eliminated with just a cul de sac on the north side of the building? Mr. Heiberg said there is not enough room in the setback for a cul de sac and it is angled to encourage right turns in only and be used for loading and unloading only. Councilmember Branning said he is still concerned about the distance from the intersection and the driveway should be signed for 10 to 15 minute parking only. Vote was taken on the motion. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1982 Page 3 MOTION: of Overgard, seconded by Branning, passing Ordinance No. 274 re- zoning Chateau Estates 4th Addition from A to R-lC as recormmended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning approving the preliminary plat of Chateau Estates 4th Addition subject to dedication of future County Road 38 and option for slope easements over Lots 1 and 2, Block 1, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORD. NO. 274 CHATEAU 4TH REZONING CHATEAU 4TH PRELIM. PLAT Rick Kelley reviewed the proposal of D. W. Investment Co. and Galaxie Park GALAXIE PARK Development Co, for two buildings to be located south of County Road 42. PROPOSAL Richard Winkler, representing the developer, was present to answer questions. Councilmember Branning said he is concerned about the request for a conditional use per- mit for outside storage and what can be done to prevent outside storage from being mis- used, Mr. Winkler said because this is a heavy commercial area and will abut an indus- trial area in the future, he will be requesting outside storage for future buildings in the plat also. John Voss, of Urban Planning, was present and said the best way for the City to contr61 the outside storage is by conditional use permit. Mr. Kelley said the City would have the ability to revoke the conditional use permit if the storage did not meet the requirements set by the City. MOTION: of Overgard, seconded by Kelly, approving the preliminary plat of GALAXIE PARK Galaxie Park as recommeded by the Planning Commission. Ayes - 4 PRELIM. PLAT - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving building permits for two GALAXIE PARK buildings in Galaxie Park as recommended by the Planning Commission. BLDG. PERMITS Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, granting a 20-foot parking setback GALAXIE PARK variance along Galaxie Avenue and a 10-foot building setbach vari- VARIANCES ance along 151st Street for the north building in Galaxie Park as illustrated on the site plan, dated July 1, 1982, and recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving a conditional use permit GALAXIE PARK for outdoor storage on all lots in Galaxie Park, subject to visual- OUTSIDE STORAGE ly opaque six-foot screening. Said permit to run for 15 years in- CONDL. USE PERMI~ itially, even if not implemented. The Council discussed additional restrictions that could be put on the permit, but did not include any at this time. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving an amendment to the Plan- ANDY'S MARKET - ned Development for Outlot C, Scott Highlands 3rd Addition to al- MOTOR FUEL SALES low motor fuel sales on the north 400 feet of the east 175 feet of AGREEMENT the lot, known as Andy's Market, 14113 Galaxie Avenue, as recommend- ed by the Planning Commission, and authorizing the Mayor and Clerk to sign the same. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1982 Page 4 Councilmember Kelly said she understands it will be necessary for a hydrant to be in- stalled in the boulevard because of the motor fuel, Keith Gordon said a water main is located in the boulevard area and a hydrant can be installed there. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, acknowledging receipt from Bonestroo, Rosene, Anderlik & Associates Inc., of a donation in the amount of $250 to be used for park purposes. Ayes - 4 - Nays - 0. BRAA PARK DONATION CEDAR STORM SEWER EASEMENT MOTION: of Overgard, seconded by Branning authorizing the purchase of a storm sewer easement of approximately 1.6 acres, related to the Cedar Avenue construction project, from Domestic Develop- ment, Inc., for $34,500. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- RES. 1982-103 103 establishing the schedule of fees to be charged at the 1982-83 Multi-Purpose Arena for the period October 15, 1982, through ARENA FEES October 15, 1983, as shown in the resolution. Councilmember Kelly asked if the groups using the Arena were aware of what the pro- posed rates were? Mr. Asleson said he believed Gary Pietig had discussed it with some of them. Vote was taken on the motion. Ayes - 4 - Nays - 0. The Council received the Attorney General's Opinion, dated October 9, 1982, requested by the City, related to the sale of wine and/or liquor at Lebanon Hills Golf Course. Jim Sheldon said this is an advisory opinion and no action is required at this time. GOLF LIQUOR ATTY. GENERAL OPINION Mayor Garrison commented on the reasons for requesting a variance for an WITHDRAW addition to his house at 7984 Lower Hamlet Court. He had contacted his VARIANCE 7948 neighbors who originally did not object to the variance, but subsequently LOWER HAMLET CT. withdrew approval and for this reason he is withdrawing his petition. Mrs. John English was present and said when they moved to their house, all houses on the cul de sac except one had been constructed. They knew what the neighborhood would look like and assumed it would stay that way and this was the reason for their ob- jection to the variance. MOTION: of Kelly, seconded by Garrison, referring the variances requested at 14149 Garrett Avenue and 12930 Hamlet Avenue to the Planning Commission to be reviewed again after the Planning Commission's special meeting on August 30, 1982. Councilmember Overgard said the purpose of the August 30th Planning Commission meeting is to review policy and requirements of all variance requests. Jim Sheldon said the purpose of variances is to accommodate hardship situations and standards should be set to define variance conditions. Councilmember Branning said if these requests are reconsidered by the Planning Commission, he would like a recommendation from it for the Council's next meeting and the Planning Commission may not be able to establish a policy on variances at one meeting. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1982 Page 4 The motion and second above withdrew. Gary Sigal was present to explain his petition for variances at 14149 Garrett VARIANCE REQUEST Avenue. One variance is to allow an accessory building of 240 square feet 14149 GARRETT rather than the 120 square permitted. The building is already constructed and he said he was not aware a variance was required. The other variance is to allow an eight-foot high fence around a proposed pool rather than the six-foot high fence permitted for privacy reasons. Mayor Garrison said variances should be considered individually and he has not had time to view the property so he would have to abstain from voting on the requests at this time. Councilmember Overgard said she is opposed to allowing accessory buildings of this large a size in the City. Councilmember Kelly said she is also opposed. Councilmember Branning asked what would happen if the request is denied? Mr. Sheldon said the building would be in violation of City Code and the City would have to proceed under either the zoning ordinance or nuisance ordinance. MOTION: of Branning, seconded by Garrison, to table consideration of the variances requested at 14149 Garrett Avenue. Ayes - 2 - Nays - 2 (Kelly and 0vergard). Motion Failed. TABLE VARIANCE FENCE VARIANCE LOT 2, BLK. 2, HERITAGE 2ND Mr. Sigal said he would temporarily withdraw his request for the variances. MOTION: of Overgard, seconded by Branning, granting a variance for Lot 2, Block 2, Heritage Hills 2nd Addition to allow a nine-foot high fence along the north property line and an eight-foot high fence along the south property line as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Councilmember Kelly left at this time (9:39 p.m.). MOTION: of Overgard, seconded by Branning, approving hiring Rosemary Suedbeck for the position of Clerk-Typist at the Sports Arena, effective September 13, 1982, at a salary of $828.00 per month. Ayes - 3 - Nays - 0. HIRE ARENA CLERK-TYPIST MOTION: of Branning, seconded by Overgard, authorizing payment for proper- ty related to widening of Cedar Avenue as awarded in condemnation proceedings First Judicial District Court File No. 92879, and payment of Court Commissioners' expenses. Ayes - 3 - Nays - 0. CEDAR AVENUE CONDEMNATION AWARDS MOHART PARTY PERMIT MOTION: of Overgard, seconded by Branning, to issue a party permit to Rozanne Mohart, 285 Pinewood Drive, for a family reunion, pursuant to Sec. 14.5-3(g)(1) of the City Code to be valid on September 12, 1982. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, to pay the claims and bills, checks numbered 27290 through 27293, 28959 through 28978, 28980 through 28994 and 29003 through 29128, in the total amount of $2,010,696.13. Ayes - 3 - Nays ~ 0. CLAIMS & BILLS CITY OF APPLE VALLEY Dakota County Minnesota August 26, 1982 Page 6 MOTION: of Branning, seconded by Overgard, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:43 o'clock p.m.