HomeMy WebLinkAbout09/14/1995CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Minutes of the meeting of the City Council of Apple Valley, Dakota County,
Minnesota, held September 14th, 1995, at 8:00 o'clock p.m., at Apple Valley
City Hall.
PRESENT~ Mayor Branning; Councilmembers Erickson, Goodwin, and Humphrey.
ABSENT: Gouncilmember Sterling
City staff members present were: City Administrator Gretz, City Clerk Mueller,
City Attorney Sheldon, City Engineer Gordon, Finance Director gallenger,
Personnel Director Boland, Administrative Intern Grawe, Parks & Recreation
Director Johnson, Community Development Director Kelley, Assistant Planner
Lovelace, Public Works Director Miranowski, and Police Chief Willow.
Mayor Branning called the meeting to order at 8:00 p.m. The Couneilmembers and
everyone in attendance took part in the pledge of allegiance to the flag.
MOTION:
tonight's meeting as amended. Ayes - 4 - Nays - 0.
Mayor Branning asked if anyone was present to address the Council at
this time on any item not on this meeting's agenda. Sharon White,
Chair of the Ring-Around-The-Arts Festival, invited everyone to attend
the Festival this weekend. She thanked the Council for its support and
invited them to present the Children's Arts Awards at 2:00 p.m. Saturday.
of Erickson, seconded by Humphrey, approving the agenda for APPROVE AGENDA
AUDIENCE DISC.
RING-AROUND
THE- ARTS
MOTION: of Humphrey, seconded by Goodwin, approving all items on the
consent agenda with no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA
AUG. 17, 1995
MINUTES
AUG. 24, 1995
MINUTES
RES. 1995-211
LAMPERT'S FIRE
DEPT. DONATION
RES. 1995-212
PETTER LOT
DONATION
CONSENT AGENDA ITEMS
MOTION:
of Humphrey, seconded by Goodwin, approving the minutes of
the regular meeting of August 17th, 1995, as written.
Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving the minutes of
the special meeting of August 24th, 1995, as written.
Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-211 accepting, with thanks, the donation of a door,
valued at $97.50, from Lampert's for use by the Fire
Department. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-212 accepting, with thanks, the donation of Lot 11,
White Oak Ridge, valued at $12,000, from Eleanor Petter.
Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 2
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-213 accepting, with thanks, the donation of $1,100 from
Apple Valley American Legion Post 1776 towards the
~i sponsorship of youth baseball. Ayes - 4 - Nays - O.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-214 approving American Legion Auxiliary Unit 1776's
application for exemption from lawful gambling license for
an event on October 6, 1995, and waiving any waiting period
for State Gambling Board approval. Ayes - 4 - Nays ~ 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-215 approving ARC Suburban's application for exemption
from lawful gambling license for an event on November 18,
1995, and waiving any waiting period for State Gambling
Board approval. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving issuance of an
on-sale 3.2 beer license to Apple Valley American Legion
Auxiliary for use at Fire Station No. 1 on September 16,
1995. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-216 approving submission of the 1996 landfill abatement
funding application to Dakota County for a grant of $27,708.
Ayes - 4 - Nays - 0.
MOTION:
of Htmphrey, seconded by Goodwin, adopting Resolution No.
1995-217 approving a subdivision grading permit for
Williamsburg 3rd Addition as recommended by the City
Engineer. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-218 approving the final plat and subdivision agreement
for Cedar Isle Estates 3rd Addition and authorizing the
Mayor and Clerk to sign the same. Ayes - 4 - Nays - O.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-219 prohibiting parking on County Road 46 (160th
Street) between Cedar Avenue and Pilot Knob Road. Ayes
4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-220 prohibiting parking along the north side of 144th
Street from Diamond Path Road to the west boundary of School
District 196's property. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-221 authorizing the off-system expenditure of $90,000
of Municipal State Aid Funds for traffic signal construction
on Cedar Avenue at 155th Street. Ayes - 4 - Nays - 0.
RES. 1995-213
LEGION BASE-
BALL DONATION
RES. 1995-214
AUXILIARY
GAMB. EXEMPT,
RES. 1995-215
ARC SUBURBAN
GAMB. EXEMPT,
AUXILIARY
~EER LICENSE
RES. 1995-216
RECYCLE GRANT
RES. 1995-217
WMSBURG 3RD
GRADING PERMIT
RES. 1995-218
CEDAR ISLE 3RD
FINAL PLAT
RES. 1995-219
C.R. 46 NO
PARKING
RES. 1995-220
144TH STREET
NO PARKING.
RES.
OFF-SYSTEMMSA
155TH & CEDAR
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 3
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-222 authorizing the off-system expenditure of $5,000 of
Municipal State Aid Funds for traffic signal construction on
Pilot Knob Road at County Road 38. Ayes - 4 ~ Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-223 authorizing the off-system expenditure of $75,000
of Municipal State Aid Funds for County Road 31 (Pilot Knob
Road) construction. Ayes ~ 4 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No,
1995-224 approving plans and specifications for Project 95-
474, Hyland Pointe Townhomes Utility Improvements, and
authorizing advertising for receipt of bids on September 25,
1995, at 10:00 a.m. Ayes - 4 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-225 approving plans and specifications for Project 95-
491, Hunters Wood 3rd & 4th Addition Utility Improvements,
and authorizing advertising for receipt of bids on October
5, 1995, at 2:00 p.m. Ayes - 4 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-226 approving plans and specifications for Project 95-
499, Williamsburg 3rd Addition Utility Improvements, and
authorizing advertising for receipt of bids on September 25,
1995, at 10:00 a.m. Ayes - 4 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-227 approving for a Dump Body and Snow Plow Equipment
for Street Maintenance and authorizing advertising for
receipt of bids on October 3, 1995, at 2:00 p.m. Ayes - 4
Nays - 0.
of Humphrey seconded by Goodwin, adopting Resolution No.
1995-228 accepting a Drainage and Utility Easement from
Nordic Square Limited Partnership for Project 95-426,
Central Trunk Sewer Interceptor. Ayes - 4 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-229 accepting a Temporary Construction Easement from
Ferdinand and Rita Cook for Project 95-426, Central Trunk
Sewer Interceptor, and authorizing payment of $2,250.00 for
the easement. Ayes - 4 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-230 accepting a Drainage and Utility Easement from
Rosemount Development Company for Project 95-426, Central
Trunk Sewer Interceptor, and authorizing payment of
$24,573.00 for the easement. Ayes - 4 - Nays - 0.
RES. 1995-222
OFF-SYSTEMMSA
PILOT KNOB/38
RES. 1995-223
OFF-SYSTEMMSA
PILOT KNOB
RES. 1995-224
PROJ. 95-474
TAKE BIDS
RES. 1995-225
PROJ. 95-491
TAKE BIDS
RES. 1995-226
PROJ. 95-499
rAKE BIDS
RES. 1995-227
PLOW EQUIPMENT
TAKE BIDS
RES. 1995-228
NORDIC SEWER
EASEMENT
RES. 1995-229
COOK SEWER
EASEMENT
RES. 1995-230
ROSEMOUNT DEV.
SEWER EASF2iENT
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 4
MOTION: of Humphrey seconded by Goodwin; adopting Resolution No.
1995~231 accepting a Drainage and Utility Easement from
Arnold and Delta Hoeppner for Project 95-426, Central Trunk
~.Sewer Interceptor, and authorizing payment of $75,000 for
the easement. Ayes - 4 - Nays - O.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-232 awarding the contract, subject to conditions, for
Project 95-426, Central Trunk Sewer Interceptor, to Arcon
Construction, the low bidder, in the amount of
$1,564,571.21. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving Change Order No.
5 to the contract with Arcon Construction for Project 94-
452, Industrial Area/147th Street Improvements, in the
amount of an additional $8,421.96. Ayes - 4 - Nays ~ 0.
MOTION:
of Humphrey, seconded by Goodwin, approving Change Order No.
3 to the contract with Ryan Contracting for Project 94-457,
Middle School No. 6 Improvements, in the amount of an
additional $8,692.23. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving Change Order No~
3 to the contract with Weber Electric, Inc., for Hayes Park
Arena in the amount of an additional $5,365.00. Ayes - 4 -
Nays - O.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-233 awarding contracts for parts of Hayes Park Arena
Bid Package No. 3 to O'Keefe, Inc., for $9,574.00; and to
St. Paul Linoleum & Carpet Co., for $27,828.00; the
respective low bidders. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, accepting Project 94-427,
Waterford Village Improvements, as final and authorizing
final payment on the contract with S. J. Louis Construction
in the amount of $72,271.72. Ayes - 4 - Nays - O.
MOTION:
of Humphrey, seconded by Goodwin, accepting Project 94-452,
Industrial Area/147th Street Improvements, as final and
authorizing final payment on the contract with Arcon Cons-
truction in the amount of $29,287.96. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, accepting Project 94-457,
Middle School No. 6 Improvements, as final and authorizing
final payment on the contract with Ryan Contracting in the
amount of $8,998.93. Ayes - 4 - Nays - 0.
RES. 1995-231
HOEPPNER SEWER
EASEMENT
RES, 1995-232
PROJ. 95-426
AWARD CONTRACT
CHANGE ORDER 5
PROJ, 94-4~2..
CHANGE ORDER 3
PROJ, 94-457
HAYES ARENA
CHANGE ORDER
RES. 1995-233
AWARD ARENA
CONTRACTS
FINAL PAYMENT
PROJ. 94-427
FINAL PAYMENT'
PROJ. 94-452
FINAL PAYMENT
PROJ. 94-457
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 5
MOTION: of Humphrey, seconded by Goodwin, accepting Project 94-
464/470, Nordic Woods 17th/Williamsburg 2nd Improvements,
final and authorizing final payment on the centraet with
.L. Schield Construction in the amount of $42,559.51. Ayes -
4 - Nays - 0.
MOTION:
as
MOTION:
of Humphrey, seconded by Goodwin, approving reduction of
subdivision financial guarantees for: Cedarwick, from
$89,700.00 to $55,000.00; Diamond Path Townhomes, from
$109,675.00 to $52,050.00; and Pilot Hill, from $5,749.21 to
$700.00. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-235 ordering installation of stop signs on: Gibralter
Terrace at Pennock Avenue; and on Emmet Place at 132nd
Street. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, appointing the firm of
Kern, DeWenter, Viere, Ltd., to conduct the 1995 City audit
as described by the Finance Director in his memo dated
September 11, 1995. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving renewal of the
Meter Reading Service Agreement with RMR Services, Inc., for
1996 and authorizing the Mayor and Clerk to sign the same.
Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving renewal of the
contract with Midwest Professional Services, for 1996, to
provide employee assistance program services as described in
the Human Resources Director's memo dated September 14,
1995. Ayes - 4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving renewal of
employee group health insurance coverage through the LOGIS
Health Insurance Group for 1996, as described in the Human
Resources Director's memo dated September 14, 1995. Ayes -
4 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwiu, approving hiring Donald G.
Johnson for the full-time position of Maintenance Worker as
listed in the Personnel Report dated September 14, 1995.
Ayes ~ 4 - Nays - 0.
of Humphrey, seconded by Goodwin, approving hiring Peter
Matos for the position of Police Officer as listed in the
Personnel Report dated September 14, 1995. Ayes - 4 -
Nays - 0.
FINAL PAYMENT
PROJECTS
94-464/470
SUBDIVISIONS
BOND REDUCTION
RES. 1995-235
INSTALL
STOP SIGNS
APPOINT 1995
AUDITORS
RENEW METER
READING
AGREEMENT
RENEW EMPLOYEE
ASSISTANCE
PROGRAM
RENEW LOGIS
GROUP HEALTH
INSURANCE
HIRE JOHNSON
MAINTENANCE
HIRE MATOS
POLICE OFFICER
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 6
MOTION: of Humphrey, seconded by Goodwin, approving hiring the part-
time and seasonal employees as listed in the Personnel
Report and Addendum Report, both dated September 14, 1995.
· ~~.Ayes ~ 4 - Nays - 0.
HIRE SEASONAL
EMPLOYEES
END OF CONSENT AGENDA
Police Chief Willow introduced Jon Holle, Peter Matos and Jason POLICE OATHS
Weishaar who have been hired as new police officers for the City. OF OFFICE
Two of them have been hired as replacements to fill vacant positions
and one is a new position; the result of a Federal grant. The City Clerk then
administered the oath of office to the officers.
Mr. Gretz summarized the proposed 1996 budget and tax levy which the 1996 BUDGET
Council has reviewed at informal meetings. He noted that the City & TAX LEVY
receives about $360,000 in local government aid and $2,500,000 in
homestead and agricultural aid. The budget was prepared with the assumption that
there would be no changes in these funds.
MOTION:
of Goodwin, seconded by Humphrey, adopting Resolution No.
1995-234 adopting the proposed 1996 budget, with revenues of
$22,858,913 and expenditures of $22,493,183; and proposed
1995 tax levy, collectible in 1996, of $7,573,887.
RES. 1995-234
1996 BUDGET
& TAX LEVY
Councilmember Erickson said he is disappointed that a flat tax levy could not be
maintained, but the increase is minimal and he understands the need for it.
Councilmember Goodwin noted that the City's tax levy was held steady for six
years and that is about as long as it could be done. Councilmember Humphrey said
it is still a very tight budget and he supports it.
Mayor Branning commented that Councilmember Sterling indicated she would support
the budget as presented. He thanked staff for their work and said he had
expressed concern that the solid repair and replacement program that has been
sstablished not be jeopardized. He was assured that would not be the case.
Vote was taken on the motion. Ayes - 4 - Nays - 0.
MOTION: of Ertckson, seconded by Humphrey, setting the required SET BUDGET
public hearing on the 1996 budget at 7:00 p.m. on December HEARING
5, 1995, with continuation to December 13, 1995, at 7:00
p.m. if necessary. Ayes - 4 - Nays - 0.
Mayor Branning called the public hearing to order, at 8:20 p.m., to PUBLIC HEARING
consider Project 95-484, Cherry Oak Estates 3rd Addition Utility & PROJ. 95-484
Street Improvemsnts, and noted receipt of the affidavit of publication
of the hearing notice. Mr. Gordon reviewed the preliminary engineering report
dated August 8, 1995. The Mayor asked for questions or comments from the
Council and the audience. There were none and the hearing was declared closed
at 8:21 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 7
MOTION: of Erickson, seconded by Humphrey, adopting Resolution No.
1995-236 ordering installation of Project 95-484, Cherry Oak
Estates 3rd Addition Utility and Street Improvements.
.LAyes - 4 ~ Nays - 0.
RES. 1995-236
ORDER PROJECT
95-484
MOTION:
of Goodwin, seconded by Humphrey, adopting Resolution No.
1995-237 approving plans and specifications for Project 95-
484, Cherry Oak Estates 3rd Addition Improvements, and
authorizing advertising for receipt of bids, at 10:00 a.m.,
on September 25, 1995. Ayes - 4 - Nays - 0.
RES. 1995-237
PROJ. 95-484
TAKE BIDS
Mr. Gretz described proposed turn lane improvements at 147th Street 147TH & CEDAR
and Cedar Avenue which would necessitate removing the building on Lot IMPROVEMENTS
2, Block 1, Apple Valley Office Addition. The Lindgren Estate, which
owns the property north of this lot and would gain access to 147th Street, has
agreed to accept assessments for the access construction. The.seller of Lot 2
now disagrees with the sales price of the property and believes it should be
$250,000. For that reason actions relating to the project will have to be tabled
until September 28, 1995.
MOTION:
of Erickson, seconded by Goodwin, approving the Agreement
with the Estate of Robert C. Lindgren to accept special
assessments, on property known as Minnehaha Falls Nursery
site, resulting from Project 95-492, 147th Street & Cedar
Avenue Intersection Improvements, and authorizing the Mayor
and Clerk to sign the same. Ayes - 4 - Nays - 0.
LINDGREN
ASSESSMENT
AGREEMENT
Mayor Branning called the public hearing to order, at 8:25 p.m. to PUBLIC HEARING
consider Project 95-492, 147th Street & Cedar Avenue Intersection PROJ. 95-492
Improvements, and noted receipt of the affidavit of publication of
the hearing notice. He stated that because property acquisition related to the
project has not been completed, the hearing would be continued until September
28, 1995.
MOTION: of Erickson, seconded by Humphrey, continuing the hearing CONTINUE
and actions related to Project 95-492 until September 28, HEARING
1995. Ayes - 4 - Nays - 0.
Mayor Branning called the public hearing to order, at 8:27 p.m., to PUBLIC HEARING
p.m., to consider Project 95-495, Cedar Isle Estates 3rd Addition PROJ. 95-495
Utility and Street Improvements, and noted receipt of the affidavit
of publication of the hearing notice. Mr. Gordon reviewed the preliminary
engineering report dated August 1, 1995. The Mayor asked for questions or
comments from the Council and the audience. There were none and the hearing was
declared closed at 8:28 p.m.
MOTION:
of Erickson, seconded by Goodwin, adopting Resolution No.
1995-238 ordering installation of Project 95-495, Cedar Isle
Estates 3rd Addition Improvements. Ayes - 4 - Nays - 0.
RES. 1995-238
ORDER PROJECT
95-495
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 8
MOTION: of Erickson, seconded by Goodwin, adopting Resolution No.
1995-239 approving prepare plans and specifications for
Project 95-495, Cedar Isle Estates 3rd Addition Improve-
f_.ments, and directing installation by Change Order No. 1 to
Project 95-488, Cedar Isle Estates 2nd Addition Improve-
ments, in the amount of $36,902.81. Ayes - 4 - Nays - 0.
RES. 1995-239
PROJ. 95-495
& CHANGE ORDER
PROJ. 95-488
Mr. Lovelace reviewed the Planning Commission report on the request of WHITE OAK RDC.
Pulte Homes to use part of the unconstructed portion of Eleanor Drive LOT ACCESS
and construct a driveway access to Lots 13, 14 and 15, Block 1, WHite
Oak Ridge. Mr. Sheldon said the issue is not whether to allow the use, it is a
public road right-of-way. No variance situation is involved. The issue is
whether the City should construct the road to its residential street standards or
allow Pulte Homes to construct a smaller street on the right-of-way for access to
three existing lots. An Agreement with Pulta Homes covering maintenance and
construction issues has been prepared for consideration.
MOTION:
of Erickson, seconded by Humphrey, adopting Resolution No.
1995-240 approving the Agreement Relating to Private
Driveway with Pulte Homes of Minnesota, authorizing use of a
portion of unconstructed street right-of-way for a driveway
to Lots 13, 14 and 15, Block 1, White Oak Ridge; and
authorizing the Mayor and Clerk to sign the same.
RES. 1995-240
PULTE HOMES
DRIVEWAY
AGREEMENT
Councilmember Goodwin asked about access to Lot 12. Mr. Sheldon said the private
driveway would extend up to that lot and that property owner would have to
request use. The right-of-way extends around the other side of the pond (or Lot
11) so it does have access from that side.
Gary Grant, of Pulte Homes, said he understands the owner of Lot 9 would have to
grant an easement to Lot 12 because it would not be feasible to construct an
access on the right-of-way on that side of the pond due to the amount of fill
needed. Both lots are under the same ownership so it would not be a problem. He
showed an aerial photo of the site with the access superimposed and said Lot 12
could be allowed to tie into it.
Ron Dorken, 5290 West 132nd Street, said he is the owne? of Lot 16 and commented
on information he previously supplied to the Planning Commission with copies to
the Council. He said he believes his rights are being infringed upon by allowing
a private driveway. He agrees with the City's right to build a street, but it
should not allow an other use. If this is approved, he will get an injunction to
stop construction. He objects to the private road and allowing a corporation to
make money on selling three lots.
Councilmember Goodwin asked about reference to the Army Corp of Engineers report
and wetland questions. Mr. Miranowski said it was the Dakota County Soil and
Water Conservation District's report. It indicated the most environmentally
preferable alternative was not to build anything, but acknowledges the impact can
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 9
be mitigated. The Wetland Conservation Act has options that allow mitigation, on
a two to one basis, when there is encroachment on a wetland. Pulte Homes will be
doing the mitigation and has filed a plan to do so.
Mayor Branning said the question before the Council is to what standard 200 feet
of road will be built. It will be public up to Lot 15 and a private driveway
from there on.
Vote was taken on the motion. Ayes - 4 - Nays - 0.
Gyndy Dorken asked if Pulte Homes would delay beginning construction for five
days to allow them time to file an injunction?
MOTION:
of Goodwin seconded by Branning, making the Agreement with
Pulte Homes effective in five days. Ayes - 2 (Branning and
Goodwin) - Nays - 2 (Erickson and Humphrey). Motion Failed.
bATE OF PULTE
AGREEMENT
DEER RUN
DEVELOPMENT
Mr. Lovelace reviewed the Planning Commission report on the proposed
Deer Run development located on the east side of Safari Pass at 121st
Street. A front setback variance is requested for Lots 1, 2, and 3
due to the 100-foot right-of-way for Safari Pass and to save trees.
MOTION:
of Erickson, seconded by Goodwin, passing Ordinance No. 605
rezoning the proposed Deer Run subdivision, in Section 15,
from "R-l" to "R-2" as recommended by the Planning Commis-
sion. Ayes - 4 - Nays - 0.
ORDINANCE 605
DEER RUN
REZONING
MOTION:
of Goodwin, seconded by Humphrey, adopting Resolution No.
1995-241 approving the preliminary plat of Deer Run and
directing preparation of a subdivision agreement, with
conditions, as recommended by the Planning Commission. Ayes
- 4 - Nays - O.
RES. 1995-241
DEER RUN
PRELIM. PLAT
VARIANCES
DEER RUN
PRELIM. REPORT
DEER RUN
MOTION:
of Goodwin, seconded by Erickson, granting frontyard setback
variances to allow the construction of houses to within 15
feet of the lot lines on Lots 1, 2 and 3, Block 1, Deer Run,
as recommended by the Planning Commission. Ayes - 4 -
Nays - 0.
MOTION:
of Erickson, seconded by Humphrey, directing the City
Engineer to prepare a preliminary engineering feasibility
report for improvements to serve the proposed Deer Run
subdivision. Ayes - 4 - Nays - 0.
Mr. Lovelace gave the first reading of a proposed ordinance amending
Retail Business "RB" zoning standards. It would make rental shops a
permitted use and allow outdoor storage by conditional use permit.
The ordinance was initiated by Dakota Rental's request to relocate to
the northeast corner of 146th Street and Pennock Avenue.
ORDINANCE
AMENDING
RB ZONING
FIRST READING
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 1995
Page 10
Ron Chapman, of Dakota Rental, was present and explained the need to move his
business because there is no room for expansion on his current site. He
described the truck rental part of his business, which requires some outside
storage.~.and showed a sketch of a proposed building. A limited number of trucks
would be parked along the east and north side of the lot where they would be
screened. No trucks would be parked on the street.
The Gouncil reviewed a zoning map of the downtown area and expressed concern that
changing RB zoning standards and allowing outdoor storage might cause problems in
other locations. Counctlmember Humphrey said he would prefer rezoning the site
at 146th and Pennock to GB rather than amending RB uses.
Mayor Branning said he is still concerned about outdoor truck storage and asked
Staff to review and report on appropriate uses in the area at the next meeting.
MOTION:
of Erickson, seconded by Humphrey, adopting Resolution No.
1995~242 awarding the contract for Project 95-473, High
School No. 4 Improvements, to S. J. Louis Construction,
Inc., the low bidder, in the amount of $455,020.00. Ayes
4 - Nays - 0.
RES. 1995~242
AWARD CONTRACT
PROJ, 95-473
CANCEL
MVTA TRANSIT
FACILITY
CLAIMS & BILLR
MOTION: of Erickson, seconded by Humphrey, canceling the informal
meeting of September 21, 1995. Ayes - 4 - Nays - 0.
Mayor Branning noted that the grand opening of the MVTA Burnsville
transit facility was held earlier this evening. A public open house
will be held September 16, 1995.
MOTION:
of Humphrey, seconded by Erickson, to pay the claims and
bills, check registers dated August 23, 1995, in the amount
of $553,728.30; August 31, 1995, in the amount of
$174,770.20; September 7, 1995, in the amount of
$3,461,978.15; and September 14, 1995, in the amount of
$6,563,868.38. Ayes - 4 - Nays - 0.
MOTION: of Erickson, seconded Humphrey, to adjourn. Ayes ~ 4 - Nays - 0.
The meeting was adjourned at 9:58 o'clock p.m.