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HomeMy WebLinkAbout09/22/1977CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 22nd, 1977, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Conncilmembers Fitzsimmons, Hayes, Holton and Savanick; Clerk Asleson ABSENT: None. Mayor Branning called the meeting to order at 7:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Fitzsimmons, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Fitzsimmons, seconded by Hayes, .approving the minutes of SEPT. 8, 1977 September 8th, 3977, as written. Ayes- 5 - Nays , 0. MINUTES Mayor Branning called the public hearing to order on the 1978 Budget at 7:06 p.m. and noted the affidavit of publication of the meeting notice was received. Mayor Branning asked for comments from the Council and Staff. Mr. Asleson commented on the regulations requiring this hearing to receive public input on the use of Revenue Sharing Funds. Jim Nelson asked if this hearing pertains only. to Revenue Sharing Funds or to all of the budget? Mr. Asleson said all of it. Mr. Nelson asked to have the items read comparing 1977 to 1978. Mr. Asleson reviewed the expenditure items. The Mayor asked for any other questions !or comments from the public. Therebeing none, the hearing was declared closed at 7:15 p.m. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. 1977- RES. 1977-192 192 authorizing advertisement for bids on the sale of $2,030,000 SET BOND SALE General Obligation Improvement Bonds of 1977 to be received . October 13th, 1977, at 7:00 p.m. The Council reviewed the items included in the proposed bo~d. issue, all of which a're publicimprovements and are being specially assessed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Tim Menning presented the proposed plat of Apple Valley Industrial Park for Ray Fischer. It is east of Galaxie Avenue at about the 145th Street alignment. Councilmember Fitzsimmons asked why the plat is proposed on this part of Mr. Fischer's property? Mr. Fischer said they are still excavating on other parts of it and the gasline goes through his property also. The gasline is scheduled to ~be moved next year, but now it does not interfere with the portion he proposes to plat. Councilmember Holton questioned the alignment of 145th Street. Mr. Rosene said there is a water main in that area and off setting 145th Street on the east side from the alignment on the west side will force traffic to turn on Galaxie and discourage through traffic on the residential portion. Councilmember Savanick asked about the future use of the balance of the property. Mr. Menning said the property is zoned Industrial, but specific uses will dePend on future economic needs. Councilmember Hayes said he would like to see an overall end use plan for the property. Mr. Fischer said one was prepared about three years ago and the City has a copy. Mayor Branning commented on this and said discussions were held and an agreement was drafted and approved by the City, but Fischer has never executed it. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1977 Page 2 Mr. Menning said a 25-foot by 300-foot strip along the north edge of the proposed plat is zoned agricultural and they will be applying for a rezoning on this portion. Council- member Hayes asked what the width of 145th Street will be? It will have a 60-foot right- of-way. John Voss said in an industrial area, no parking would be permitted on the streets and a 34-foot roadway should be wide enough. Councilmember Savanick asked for an explanation of a planned development versus a subdivision. John Voss said a planned development is used where uses are mixed and does not really apply here. MOTION: of Holton, seconded by Savanicki approving the preliminary plat A,V. IND. PARK of Apple Valley Industrial Park 1st and 2nd Additions as PRELIM. PLAT recommended by the Planning Commission. . Councilmember Hayes asked Jim Sheldon if he had an answer to the question raised at the Planning Commission meeting? Mr. Sheldon said the zoning is proper and the plat does meet the subdivision regulations. Councilmember Holton said he does not believe any agreement under the sand and gravel ordinance applies here because this property has not been excavated. John Payne 14412 Gannon Way, presented a petition signed by residents, requesting the Council to consider various items in approving this plat. The Council discussed the petition and its applicability to the ordinance. MOTION: of Savanick, seconded by Holton, amending the above motion by LOT 3 stating only Lot 3 of Apple Valleytndustrial Park 1st Addition GALAXIE ACCESS will have direct access to Galaxie Avenue. Ayes - 5 - Nays - 0. Vote was taken on the original motion as amended. Ayes - 4 - Nays - 1 (Hayes). Mike Corby, of Lampert Yards, showed the landscaping, building and parking areas of their plan for Lot 3 of Apple Valley Industrial Park 1st Addition. It includes two accesses to Galaxie Avenue from the parking lot. Councilmember Holton commented that the Zoning Ordinance requires a 60-foot setback for parking from the road right-of-way and this plan does not show that. Mr. Corby said they were informed of that and will comply with the Ordinance. Councilmember Fitzsimmons asked about fencing and the building material. Mr. Corby said the warehouse will be metal and painted a cedar color; a fence will enclose the lot. MOTION: of Hayes seconded by Holton, approving abuilding permit for LAMPERT BLDG. Lampert Yards on Lot 3 of Apple Valley Industrial Park 1st PERMIT Addition conforming to the building codes and City Ordinances and approving the fencing with barbed wire on top, as recommended by the Planning Commission. Councilmember Holton said he wanted it noted the Council may review the setback regulations in the future to sea if the present footage is really necessary. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving a conditional use LAMPERT CONDL. permit for outside storage for Lampert Yards, as recommended USE PERMIT by thePlanning Commission. Councilmember Fitzsimmons asked what would be stored outside? Mr. Corby said pallets of block and brick would be outside and lumber and roofing would be outside only until it is put away in the warehouse. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1977 Page 3 Vote was taken en the motion. Ayes - 4 - Nays - I (Fitzsizunons). MOTION: of Holton, seconded by Hayes, requiring Lampert Yards to furnish LANDSCAPE a performance bond, letter of creditor cash in the amount of GUARANTEE $1,000.00 to guarantee landscaping on Lot 3. Ayes - 4 - Nays - 1 (Savanick). Councilmember Savanick noted she voted no because she believes other methods than a financial guarantee could be used to insure the landscaping is completed. MOTION: of Savanick, NO SECOND granting a variance for Lampert Yards of a 36-foot setback from the Galaxie Avenueright-of-way forparking. Motion failed for lack of a second. Tim Menning presented the layout of Anderson Body Shop on Lot 2 of Apple Valley Industrial Park 1st Addition which will have access from 145th Street. Landscaping and storage of vehicles to be repaired were discussed. They will have chain link fencing around the lot and are requesting approval of barbed wire on top of it. MOTION: of Holton, seconded by Hayes, requiring Anderson Body Shop to BODY SHOP furnish a $500 performance bond, letter of credit or cash to CONDL. USE guarantee the landscapingand approving a conditional use PERMIT permit for it on Lot 2 of Apple Valley Industrial Park 1st Addition as recommended by the Planning Cormmission except omitting the wording in No. 1, and will not be an auto Salvage yard or an impounding area. Jim Jacobsen, 14494 Gannon Way, commented he believes landscaping guarantees are needed in commercial areas to prevent another 7-11 situation on Galaxie Avenue. Vote was taken on the motion. Ayes '-5 - Nays - MOTION: of Holton, seconded by Hayes, approving a building permit for BODY SHOP Anderson Body Shop including the fence with barbed wire on top BLDG. PERMIT as recommended by the Planning Commission. Ayes - 5 , Nays. 0.. The Council noted that all approvalsof conditional use permits and building permits were subject to approval of the final plat of Apple Valley Industrial Park ist Addition. Jim Sheldon said he reviewed the preliminary plat request for Apple Valley Offices, Inc., since the last meeting and he believes it should be handled under Ordinance No. 9, Subdivisiong. This says when a building permit is applied for on a lot which will have to be divided, division of the lot can be applled for at the same time. MOTION: of Holton, seconded by Hayes, stating when a building permit is A.V. OFFICE applied for on the western portion of Lot 1 of Block 3 of Apple CONSIDERATION Valley Commercial Addition, division of the lot will be considered. Charles Johnson, Attorney for the petitioner, said they have already gone through the steps for platting and the Planning Commission has recommended conditional preliminary plat approval. Glen Galles said if they followed the above recommendations, they would have to spend money to, have detailed plans prepared with no guarantee the lot division would be approved. If the Council would approve the Planning Commission's conditional approval, they might be willing to spend money to have plans drawn. Steve Dahlseth also commented on building costs. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1977 Page 4 Vote was taken on the motion.. Ayes - 1 - Nays - 3 (Branning Hayes, and Savanick), (Fitzsimmons abstained).. MOTION: of Holton, seconded by Fitzsimmons, approving the preliminary A.V. OFFICE plat of Apple Valley Office Addition for nine months with the PRELIM. PLAT condition that the final plat shall not be approved for record- ing until a building permit for an office building of not less than 2,400 square feet and meeting all City Building and Zoning Ordinances is approved by the Council for that plat. The Council discussed the fact that if the lot were divided, the frontage along Cedar Avenue will be less than the 100 feet required in the subdivision ordinance. Vote was taken on the motion. Ayes - 2 - Nays - 2 (Hayes and Savanick) (Fitzsimmons Abstained) Glen Galles commented on the time spent on this property over the past two years and the Council's relationship with the business community. Councilmember Fitzsimmons. asked Mr. Asleson to explain platting and waiver of platting relating to legal descriptions, which he did. Charles Johnson said if the Council's only objection is the lot footage along Cedar Avenue, he does not believe it applies since the original lot was platted with that same footage. He asked the City Attorney for a ruling on this and whether they could still apply for a building permit under the provisions of Ordinance No. 9. MOTION: of Fitzsimmons, seconded by Holton, to continue tonight's CONTINUE MEETING meeting beyond the adjournment time Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Fitzsfmmons approving the preliminary A.V~ OFFICE plat of Apple Valley Office Addition for nine months with PRELIM. PLAT the condition that the final plat shall not be approved for recording until a building permit for an office building of not less than 2,400 square feet and meeting all City Building and Zoning Ordinances is approved by the Council for that plat except the plat will not have to meet the 100~foot requirement along Cedar Avenue. Ayes - 3 - Nays - 2 (Hayes and Savanick). Doug Sole, of the Dakota County Housing and Redevelopment Authority reviewed its present program, of rent assistance, for low and moderate income families in effect since 1975. A new program they are proposing is to buy housing units, make necessary improvements to the property and lease the units to low and moderate income families. The HRA is asking the City to approve the Cooperation Agreement and identify the specific level, of need for the community if the City wishes to participate in the program. HRA is authorized to acquire 70 housing units in Dakota County. The Mayor questioned the proposed location of the housing units in the City. Mr. Sole said paragraph 10 of the Agreement gives the City that control, but the City can establish other criteria if it desires. John Voss suggested this be addressed at the Joint Council- Planning Commission meeting of September 29th, Mr. Sole said this program also has a new construction approach to it. This is not proposed mow, but could be something the Council might want to consider in its planning. MOTION: of Savanick, seconded by Fitzsimmons, accepting the County's HRA proposal for low and moderate families' housing and indicating the City's concurrence with the concept proposed. Ayes - 5 - Nays - 0. COUNTY HRA PROPOSAL CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1977 Page 5 John Gretz reviewed the Agreement for Wildwood 6th Addition containing 14 townhouse units. MOTION: of Hayes, seconded by Holt0n, approving the Development .Agree- WILDWOOD 6TH ment for Wildwood 6th Addition and final plat and authorizing AGREEMENT the Mayor and City Clerk to sign .the same. Ayes - 5. ? Nays- 0. consideration of the Amended Planned Deveiopment Agreement for Carrollwo0d village and the Development Agreement for Carrollwood Village 3rd Addition was tabled. MOTION: of Holton, seconded by Savanick, adopting Resoluti0n No 19777 RES. 1977-193 193 receiving the Engineer, s preliminary report for Project · pRoJ. 77-9 77-9, Carrollwood Village 3rd Addition Improvement s, and HEARING setting a public hearing on it for, October 27th, 1977, at 8:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Holton, Seconded by Hayes, adopting Resolution No. 1.977-194 ~ RES. 1977-194 directing the Engineer tO prepare Plans and specifications for PROJ. 77-9 Project 77-9 utilities. Ayes - 5 - Nays - 0. PLANS & SPECS John Gretz said the Planning Commission and Eldon Hugelen have reviewed the revised landscapeplan for Joe Graeve Motors,, Inc. and recommend approval, Councilmember Savanick asked whether the house located south of She Joe Graeve Motors building will remain and if the company can be asked not to park large trucks there? John Gretz said the house is on a different lot, but believes it is owned by the Joe Graeve Motors, and will remain for the present time. He said he will ask them to move the trucks. MOTION: of Savanick, seconded by Fitzsimmons, approving, the revised GRAEVE MOTORS landscape plan for Joe Graeves Motors, Inc, as recommended -.LANDSCAPING by the Planning Commission. Ayes - 5 - Nays - 0. Bor Nel Propertiesis requesting a waiver, of plattingto construct a-chiropractic clinic on half of Lot 1 of Block 8 of Valley Commercial Park 2nd Addition. The request is because a mortgage will be placed on half Of the lot, and.the other half will be purchased on a contract for deed by the same. party. MOTION: of Hayes, approving a waiver of platting for Lot 1 Of Block 8 of Valley Commercial Park and Addition,as recommended-by the Planning Commission subject toeMisting assessments being paid and the petitioner paying the administrativecost of dividing the assessments. Motion was withdrawn. MOTION: of Hayes,seconded by Holton, approving a waiver of, platting on PLAT WAIVER Lot 1 of Block 8, of Valley Commercial, park 2n Addition as , V.C. PARK 2ND recommended by the Planning Commission subject to receiving. an executed letter of agreement between the parties, the same as the one for Bermel Smaby in Apple Commercial Addition, Ayes - 5 . Nays O. MOTION: of Savanick, seconded by Hayes, granting a setback variance IANCE of 25 feet from the front and rear lot lines for,a house on: MEADOWS 6TH Lot 8 of Block 1 of Palomino Lakeside Meadows 6th Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1977 Page 6 MOTION: of Holton, seconded by Savanick, approving Change Order No. 1 CHANGE ORDER to Project' 76-20(1) of an additional $3,500 to repair depres- PROJ.i 76-20(1) sions in Garden View Drive, between County Road 42 and Westview, to be paid from the General Fund. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Hayes, approving Change Order No. 4 CHANGE ORDER 4 to Project 74-65 of an additional $2,746.66 for Johnny Cake PROJ. 74-65 Ridge Road. AYeS - 5 - Nays - 0. MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution RES. 1977-195 No. 1977-195 receiving the Engineer's preliminary report ~PROJ. 77-10 for Project 77-10i TimberwickU4th Addition Improvements, HEARING and setting a public hearingon it for 0dtober 27th,'1977, at 8:15 p.m. Ayes - 5 - Nays ~ 0. MOTION: of Hayes, seconded by Holton, approving tax abatements for TAX ABATEMENTS parcels 01-32400-010-00, 01-324001020-00 and 01-44401-020-00 as recommended by the Dakota county Assessors Office. Ayes - 5 - Nays - 0. The Council discussed holding a:public meeting, probably before Nogember 15th, concerning street lighting. Staff was requested to make a recommendation on how the meeting should be conducted and the methods of street light installation and cost. The Council also discussed whether this should be a Dakota Electric project or a City Project. The Engineer said it can be handled eithr way and the City could take bids on the project. MOTION: of Savanick, NO SECOND, adopting Resolution No. 1977- urging citizens of the City to turn on their front house lights evenings because decorative gas lights must be turned off after September 30, 1977. Motion failed for lack of a second. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977- 196 supporting City of Babbitt ResolutiOn No. 77-16 concerning the Boundary Waters CanOe Area and'supportingCongressman Oberstar's multiple use concept, and directing copies tO be sent to our Legislators. Ayes - 3 -Nays - 2 (FitzSimmOns and Savanick). RES. 1977-196 BOUNDARY WATERS CANOEAREA RES. 1977-197 STOP SIGN RES. 1977-198 GOLF COURSE RATES MOTION: of Holton, seconded by Fitzsimmons, adopting ResOlution No. 1977-197 authOrizing installation of a stop Sign oh 137th Street at Garden View Drive. Ayes L 5 - Nays'~ 0/ MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-198 approving a reduction in the Lebanon Hills Golf Course rates for the fall season as recommended by the Staffl Ayes~- 5 - Nays - 0. MOTION: of Hayes, seconded by Holtoni approving a temporary on-sale 3.2 beer license for American Legion Post 1776 at Westview on .- October 8th, 1977. Ayes - 5 - Nays - 0. 3.2 BEER LICENSE Consideration of the annual reviews for Richard Asleson, Michael Bassett, and John Gretz was tabled. MOTION: of Holton,seconded by Hayes adopting Resolution No. 1977-199 approving the specifications for a telephone system for the City Hall and authorizing advertisement for bids to be received October llth, 1977, at 2:00 p.m. RESOLUTION 1977- 199 TELEPHONE SYS. SPECS & BIDS CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1977 Page 7 Councilmember Savanick asked if a consultant on commaunications should be contacted before taking bids on this system? Fred Prom said he has already reviewed this with Central Telephone Company and several,private companies. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Hayes, seconded by Holton, approving the final plat of Palomino Lakeside Meadows 6th Addition Replat and authorizing the Mayor and City Council to sign it. Ayes - 5 - Nays - 0. MEADOWS 6TH REPLAT RES. 1977-200 ASSMT. DIVISIONS TEMP. ICE ARENA EMPLOYEES CLAIMS & BILLS MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-200 approving various assessment divisions, as listed. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Hayes, approving hiring six temporary employees for one week at the Ice Arena at the rate of $2.75 to $3.00, as recommended by the Staff. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Hayes, to pay the claims and bills, checks numbered 3931, 3933 through 3940, 3943 through 3944, 6025 through 6118 and 6120 through 6141, in the total amount of $249,460.41. Ayes - 4 - Nays - 0 (Holton Abstained). MOTION: of Fitzsimmons, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:12 o'clock a.m.