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HomeMy WebLinkAbout12/09/1982CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 9, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly (attended at 7:40 p.m.) 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 to the flag. MOTION: of Overgard, seconded by Branning, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0., APPROVE AGENDA MOTION: of Branning, seconded by Overgard, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving a model home center for U.S. Home Corporation on Lots 24 through 30, Block 1, Morning- view for two years with automatic approval on a year-to-year basis thereafter until-the project is 95 percent sold out or upon 60-day written notice by the City as recommended by the Planning Commis- sion. Ayes - 3 - Nays - 0. MORNINGVIEW MODEL NOME CENTER HOLTON CABLE TV RESIGNATION RES. 1982-150 STOP SIGNS NOV. 23, 1982 MINUTES MOTION: of Branning, seconded by Overgard, accepting the resignation of William Holton from the Cable TV Commission effective December 31, 1982, due to his election to the City Council. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- 150 authorizing the installation of stop signs on Glenda Drive at its intersection with 148th Street. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, approving the minutes of the meeting of November 23, 1982, as written. Ayes - 3 - Nays - 0. Mayor Garrison asked if anyone was present to address the Council on any AUDIENCE DISCN. item not on this agenda. Fran Doerner, 13588 Embry Way, was present to re- TEMPORARY SIGNS quest removal of temporary advertising signs at the intersections of Pilot Knob Road and Johnny Cake Ridge Road with 140th Street. John Gretz said businesses were allowed to install temporary signs due to the detours in connection with the County Road 42 and Cedar Avenue improvements. The detour for Cedar Avenue is still in effect. The Mayor said the Council would like more time to consider this and asked that the item be placed on the agenda for the meeting of December 21, 1982. Mayor Garrison called the public hearing to order at 7:36 p.m. on the ap- plications for 1983 on-sale and Sunday liquor licenses and noted receipt of the affidavits of publication of the hearing notices. Renewal applications are from Apple Bowl, Inc., d/b/a Benji's Apple Valley Bowl; Beef 'N' Brew, LIQUOR LICENSE PUBLIC HEARING CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1982 Page 2 Inc., d/b/a Beef 'N' Brew; and Cedar Valley A & W, Inc., d/b/a Greenstreets. A new application is from Pepito's Mexican Foods of Apple Valley, Inc., d/b/a Pepito's of Apple Valley, as a result of incorporation by the current licensee William Joseph Senkyr. Mayor Garrison asked if anyone was present to comment on any of these applications; there was no one. The hearing was declared closed at 7:39 p.m. MOTION: of Overgard, seconded by Branning, approving renewal of a 1983 on-sale wine license for Paul J. Anderson, Inc., d/b/a The Big Apple, at 7700 West 147th Street. Ayes - 3 - Nays - 0. BIG APPLE ON- SALE WINE LIC. John Gretz reviewed the revised plat of Morningview 6th Addition. The preliminary plat had 67 lots over the entire area. Because of soil conditions, 39 lots are proposed with 14.31 acres being dedicated as parkland. Bob Carlson, of U.S. Home Corporation, and Charles Winden were present. (Councilmember Kelly attended at this time.) The Park Committee has reviewed the proposal and agrees with accepting the land, but not giving credit for the additional parkland because it is not really needed in this location. Mr. Carlson said the cash required is $83,520 and they would like some credit against that for dedicating the 14.31 acres. Jon Gurban said $51,650 of the amount is required to pay for the 9.3 acres of park ad- jacent to Cedar Park School and he would feel more comfortable reserving about $55,000. The 14.31 acres would require some grading, etc., to be acceptable as a park and per- haps this could be negotiated along with giving credit of the remaining $28,520. Councilmember Overgard asked if this could be included in the subdivision agreement? Mr. Gretz said yes. MOTION: of Overgard, seconded by Branning, approving the revised prelim- inary plat of Morningview 6th Addition, as recommended by the Planning Commission, and directing Staff to prepare a subdivi- sion agreement including requirements and specifications for parkland credit. Ayes - 4 - Nays - 0. MORNINGVIEW 6TH REVISED PRE- LIMINARY PLAT RES. 1982-151 SET GRINNELL CT. VACATION MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982- 151 setting a public hearing to consider vacation of Grinnell Court in Morningview at 7:30 p.m. on January 13, 1983. Ayes - 4 - Nays - O. John Gretz reviewed the request for a rezoning amendment to Planned Development No. 170 to allow 171 apartment units in Academy Village rather than 104 units. Tom Heiberg was present and said he had met with neighbors in the area to try to meet their objec- tions. These were satisfied by the criteria included in the Planning Commission recom- mendation of October 20, 1982. He distributed information showing the increased tax benefit to the City of the additional 67 units. The apartments would be approximately 50 percent one-bedroom units and 50 percent two-bedroom units. Councilmember Branning said when this planned development was originally approved, extra consideration for the collector street assessments was given by allowing 104 units. He has met with Mr. Heiberg and discussed that 148 to 150 units would be more acceptable than 171 and still be financially feasible. He is also concerned about the three-story height of the proposed buildings and said a mansard-type roof would reduce the visual impact of the buildings. CITY OF APPLE VALLEY Dakota County Minnesota December 9, 1982 Page 3 MOTION: of Overgard, seconded by Kelly, approving an amendment to Academy Village Planned Development No. 170 allowing up to 171 apartment units with the criteria as recommended by the Planning Commission. ACADEMY VILLAGE APARTMENT P.D. AMENDMENT Mayor Garrison said he would also like the approval to include restricting the buildings to only one bedroom and two bedroom units. He also said residents have requested comple- tion of a pathway on the "Old Hays Road" alignment. Should this be included now? John Gretz said this path would connect to the end of 142nd Street Court and does not abut the apartment area. He and Mr. Gurban have looked at it and there is gravel along the alignment and people are using it as a path. Because it does not connect to a sidewalk, there is not really much to gain by blacktopping it. Councilmember Branning said even though this is a planned development, there would still be 171 units on seven acres and that is too high, Tom Heiberg said he could agree to removing six units from each of the three buildings to reduce the density. Councilmember Branning asked if he would consider mansard-type roofs on the buildings? Mr. Heiberg said they would prefer to stay with the gable roof as proposed. MOTION: of Overgard, seconded by Kelly, amending the above motion by allow- AMEND ACADEMY lng up to 153 units with the units being one bedroom or two bedroom, VILLAGE MOTION but no three bedroom or higher.units. Ayes - 4 - Nays - 0. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- 152 awarding the contract for various items of City insurance cov- erage for 1983 through 1986 to Pridemark, Morrisey & Associates, the low bidder, for a premium of $111,213; and liquor liability and umbrella liability coverage to Apple Valley Agency, Inc., the low bidder, for a premium of $9,765. Ayes - 4 - Nays - 0. RES. 1982-152 AWARD INSURANCE CONTRACTS The Council received a memo, dated November 29, 1982, from John Gretz on the Galaxie Avenue County Road 38 (127th Street) intersection. MOTION: of Branning, seconded by Overgard adopting Resolution No. 1982- 153 authorizing installation of a stop sign on Galaxie Avenue, southbound, at its intersection with 127th Street and installation of a street light at the same intersection. Ayes - 4 - Nays - 0. RES. 1982-153 GALAXIE STOP SIGN & ST. LIGHT The Council received amemo, dated December 6, 1982, from Jon Gurban concerning sidewalk and pathway snow plowing for 1982-83. Mayor Garrison said Councilmember Savanick had re- quested that this item be tabled and asked why? Mr. Gurban said she had wanted to con- sider revising the priorities because of road construction detours and new pathways added to the system. Mr. Gurban distributed a revised map to the Council showing the plowing priorities. Mayor Garrison said the policy appears to be the same as in past years. Mr. Asleson said the Council could approve it now so it would be effective if needed between now and the next Council meeting with the understanding that Councilmember Savanick could move to amend it at the next meeting. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1982 Page 4 MOTION: of Branning, seconded by Garrison, approving the policy and priorities for clearing snow from pathways and sidewalks for 1982-83 as shown in the memo from Jon Gurban, dated November 24, 1982, and the map received December 9, 1982. Ayes - 4 - Nays - 0. 1982-83 PATH SNOW PLOWING POLICY ORDINANCE 281 CODE PENALTIES MOTION: of Overgard, seconded by Branning, passing Ordinance No. 281 amending City Code Sec. 19-26 to read, "Any person violating sections 19-19 through 19-25 of this code shall be guilty of a petty misdemeanor and shall be punished as provided in section 1-8." and repealing Section 19-25(c). Ayes - 3 - Nays - 1 (Kelly). MOTION: of Overgard, seconded by Branning, passing Ordinance No. 282 ORDINANCE 282 amending the City Code by requiring applicants for licenses to DRAM SHOP INS. sell non-intoxicating malt liquor or 3.2 beer to furnish proof FOR 3.2 BEER of financial responsibility (dram shop insurance) before approv- LICENSES al. Ayes - 4 - Nays - 0. Mayor Garrison asked that public service groups who have previously had temporary on- sale beer licenses be advised of this requirement. MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 283 amend- ORDINANCE 283 lng City Code Sec. 6-46 to read, "Temporary political signs PLACEMENT OF shall be set back a minimum of eighteen (18) feet from the gut- POLITICAL SIGNS ter line or outside edge of the roadway and shall not be located on publicly owned property." and amending City Code Sec. 6-49 to read, "No permanent signs shall be upon or overhang the public right-of-way." Ayes - 4 - Nays - 0. The Council received a memo, dated December 6, 1982, from Mary Mueller listing proper- ties the County Board has determined will be sold for nonpayment of taxes and asking the City to classify as nonconservation lands. MOTION: of Overgard, seconded by Branning, approving the classification of nonconservation for tax forfeit sale purposes on parcels numbered 01-02100-011-79, 01-11703-040-01, 01-17000-010-00, 01- 81201-131-08 and 01-81201-132-08 and authorizing an application to the County Board for acquisition of parcel 01-17000-010-00 (Outlot A, Chateau Estates) by the City for road right-of-way purposes. Ayes - 4 - Nays - 0. 1982 TAX FOR- FEIT LAND & ACQUIRE OUTLOT A CHATEAU EST. MOTION: of Branning, seconded by Garrison, tabling consideration of re- TABLE GARBAGE fuse collection methods until the meeting of December 21, 1982, COLLECTION because not all Councilmembers are present. Ayes - 3 - Nays - 1 (Kelly). Consideration of hiring various parttime employees was removed from the agenda. The Council received a memo, dated December 8, 1982, from Richard Asle- 3:00 TO 6:00 son concerning 3:00 to 6:00 a.m. parking. Jim Sheldon said Joan Raigna A.M. PARKING has filed an appeal for a review of the decision on this matter. His office has advised that this section of the parking restrictions should not be enforced until some action is taken by the Court. A request for dismissal of the appeal has been filed. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1982 Page 5 MOTION: of Branning, seconded by Kelly, to pay the claims and bills, checks numbered 27330 through 27332, 30269 through 30339 and 30365 through 30479, in the total amount Of $1,330,386.15. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Kelly, seconded by Branning, to adjourn. Ayes - 4 - Nays - 0. The meeting adjourned at 8:52 o'clock p.m.