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HomeMy WebLinkAbout11/12/1987CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 12, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Gouncilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Recreation Services Manager Johnson, City Planner Kelley, Assistant Administrator Lawell, and Police Chief Rivers. Mayor Branning 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 Holten, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA OCT. 22, 1987 MINUTES OCT. 29, 1987 MINUTES MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of October 22nd, 1987, as written. Ayes - 4 - Nays - 0 (Branning Abstained). MOTION: of Humphrey, seconded by Holton, approving the minutes of the special meeting of October 29th, 1987, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Edwin Holmes, APT. COMPLEX 8921 - 138th Street Court, said he would like to express concern about 140TH & C.R. 11 a 72-unit apartment complex proposed for the area of 140th Street and County Road 11. He lives near Lake Alimagnet and is concerned about the impact on it. A petition will be submitted requesting an environmental review and he would like the Council to consider it November 24, 1987. He questioned whether this is a water front lot and would be in violation of the zoning ordinance. Adjoining residents will be seeking a change in the zoning law and would like the questions of surface runoff, pollution and density addressed. A letter from Thomas Carlson, 8955 - 138th Street Court, on the same issue was also submitted. The Mayor asked what the current status of this proposal is? Mr. Kelley said the Planning Commission will be reviewing it and conducting a public hearing in December. A replat and building permit on the property are being requested. If the Council were to address this November 24th, it would be asking for an environmental assessment before the proposal has been to the Planning Commission. MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1987 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 251 establishing a 30 mile per hour speed limit on Pennock Avenue between Trunk Highway 77 and 138th Street in accorda- nce with Section 169.01 of the Highway Traffic Regulations. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving Change Order No. to the contract with Ceca Utilities for Project 85-228B, 132nd Street Utilities, in the amount of an additional $9,535.00. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, approving Change Orders No. 1 and 2 to tho contract with Albrecht Excavating, Inc., for the Eastern Athletic Complex Irrigation System, in the amounts of an additional $435.00 and $1,142.00. Ayes - 5 - Nays ~ O. MOTION of Holton, seconded by Goodwin, approving Change Order No. G- 4 to the contract with Maertens-Brenny Construction for Hayes Community Center in the amount of an additional $12,479.00. Ayes ~ 5 - Nays - O.~ MOTION of Holton, seconded by Goodwin, accepting Eastern Athletic Complex Site Grading as final and authorizing final payment to D.L.R. Construction in the amount of $35,827.54. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, granting setback variances to allow construction to within 20 feet of the front lot lines for Lots 1 through 5 and 10, Block 3, Meadowlark Glen, as recommended by the Planning Commission. Ayes - 5 ~ Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 252 waiving the requirement for development agreement and approving the final plat of Apple Valley Business Center and authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving assessment agree- ments with Thomas & Jan Kukowski, and Paul & Charlotte Roberts and assessment and construction agreements with Ann Feiner and Harry A. & Julie Myers and a construction agree- ment with Harry W. & Valerie Myers for 132nd Street improve- ments and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, authorizing reduction in the financial guarantees for: Delaney Park 3rd $8,825 to 0; Delaney Park 4th $66,000 to $20,000; Morningview Townhomes $69,366 to 0; Saddle Ridge $30,000 to $9,800; and Scottsbriar $47,200 to $4,700. Ayes - 5 - Nays - 0. RES. 1987-251 PENNOCK SPEED LIMIT CHANGE ORDER 1 PROJ, 85-228B CHANGE ORDERS ATHLETIC COMPLEX IRRIGATION CHANGE ORDER 4 HAYES COMMUNITY CENTER FINAL PAYMENT ATHLETIC COMPLEX SITE GRADING MEADOWLARK GLEN VARIANCES RES. 1987-252 FINAL PLAT A.V. BUSINESS CENTER 132ND STREET AGREEMENTS SUBDIVISION BOND REDUCTIONS CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1987 Page 3 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 253 approving specifications for 1988-89 Vehicle Towing and Impounding Services and authorizing advertising for bids to be received at 2:00 p.m. on December 1, 1987. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, authorizing settlement of crop damages resulting from storm water discharge with Frank Rechtztgel in the amount of $1,500 and Wayne Pahl in the amount of $800. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing the expenditure of up to $14,500 for the purchase of a Hurst Tool for the Fire Department. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 254 setting public hearings on 1988 On-Sale Liquor License renewal applications at 8:00 p.m. on December 10, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a temporary on-sale liquor license for the Minnesota Zoological Garden on December 16, 1987, and submitting it to Minnesota Liquor Control for approval. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving an agreement with Short-Elliot-Hendrickson, Inc., to prepare a Transportation Plan for the City at a cost not to exceed $20,300 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Goodwin, approving 1987 cigarette sale and amusement device licenses at R'Berry's, 7721 West 147th Street. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 255 authorizing overtime pay for Schedule II employees related to snow plowing operations and rescinding Resolution No. 1983-84. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated November 9, 1987. Ayes - 5 - Nays - 0.. END OF CONSENT AGENDA Mike Thomas asked if residents on Pennock, between 138th and 140th Streets, can receive progress reports on the Transportation Plan. He also asked whether the Police Department will be enforcing traffic laws for vehicles crossing the painted centerline on the street. RES. 1987-253 TAKE BIDS FOR TOWING STORM WATER CROP DAMAGE SETTLEMT FIRE DEPT. HURST TOOL RES. 1987-254 SET LIQUOR RENEWAL HEARING ZOO TEMPORARY LIQUOR LICENSE SEH TRANSPORTN. PLAN AGREEMENT R'BERRY'S LICENSES RES. 1987-255 SNOW PLOWING OVERTIME PAY HIRE PARTTIME EMPLOYEES PENNOCK TRAFFIC DISCUSSION CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1987 Page 4 Mr. Gretz said Mr. Van Wormer will be preparing a schedule on the Plan and he will discuss the matter with him. Mayor Branning said the Police Department will be asked to monitor traffic on Pennock as it has in the past. Mayor Branning called the public hearing to order at 8:17 p.m. on Pro- PUBLIC HEARING ject 87-253, Utility Connections for 12896 and 12906 Galaxie Avenue, PROJ. 87-253 and noted receipt cf the affidavit of publication of the hearing GALAXIE UTIL, notice. Mr. Gordon reviewed the engineering report and said Mr. Taylor is in the process of building and would like the connection at 12896 Galaxie. The Fenners live at 12906 Galaxte and do not want a connection now. It would be more economical to install both connections now, levy assessments for the Taylor property and defer assessments for the Fenner property similar to that being done on 132nd Street. Councilmember Savanick asked how property to the north and south on Galaxie will be served in the future? Mr. Gordon said those existing homes are closer to Galaxie and services can be run from the street. Ross Taylor asked if he could install a septic tank and use the existing well on the property? Mr. Gretz said he could, but it would probably cost more in the long run because it is anticipated that all property in the City will be assessed for utilities some day. The Mayor asked for questions or comments from the public. Mr. Taylor said he wished to proceed with the project and have it assessed as soon as possible. Mr. and Mrs. Fenner said they do not want to be included in the project. There being no further comments, the hearing was declared closed at 8:35 p.m. MOTION: of Humphrey, seconded by Savanick, ordering installation of Project 87-253, Utility Connections for 12896 and 12906 Galaxie Avenue. PROJ. 87-253 Mayor Branning asked if the Fenners wish to be included in the project? Mr. & Mrs. Fenner asked if they could discuss it further with the Engineer. The Council agreed to table this item until later in the meeting. MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of SA Addition, at the southeast quadrant of the intersection of County Road 42 and Garrett Avenue, subject to removal of the existing metal hanger, as recommended by the Planning Commission. SA ADDITION PRELIMINARY PLAT Bill Ferris, of SuperAmerica's engineering department, was present and described the proposed center island "rumble strip" to control driveway traffic. It is intended to allow transports to drive over it; yet control entrance and exit areas. The Mayor asked how traffic during rush hours will be accommodated. Roman Mueller, of SuperAmerica, said there is vehicle stacking room on Garrett Avenue in addition to their property. Vote was taken on the motion. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1987 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 256 approving a Conditional Use Permit for SuperAmerica for motor fuel sales on Lot 1, Block 1, SA Addition, based on the site plan dated October 23, 1987, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1987-256 SUPERAMERICA CONDL USE PERMIT SUPERAMERICA BUILDING PERMIT HAVEN ENTERPRISE BUILDING PERMIT MOTION: of Goodwin, seconded by Holton, authorizing issuance of a building permit for SuperAmerica on Lot 1, Block 1, SA Addition, in accordance with site plans dated 10-23-87, 10- 22-87 and 10-14-87, subject to inclusion of a driveway center island rumble strip, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for Haven Enterprises Office Building on Lot 3, Block 1, Bor-Nel Addition, as recommended by the Planning Commission. Councilmember Savanick asked for a clarification of the zoning and uses allowed. Mr. Kelley said it is zoned Limited Business and he read the permitted uses. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Gretz said an understanding had been reached on the Taylor and Fenner utility connections and they wish to proceed with installation, subject to assessments being deferred for the Fenners. Consideration of the assessments will be on the November 24, 1987 agenda. TAYLOR/FENNER UTILITIES RES. 1987-257 ORDER PROJ. 87-253 RES. 1987-258 C.O. FOR PROJ. 87-253 VENSTAR OFFICE BUILDING PERMIT MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-257 ordering installation of Project 87-253, Taylor and Fenner (12896 and 12906 Galaxie Avenue) Utility Connections. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 258 authorizing installation of Project 87-253 by change order to Project 87-281. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a building permit for VenStar Office Building on part of Lot 1, Block 4, Apple Valley Commercial Addition, and granting a variance of three percent to the maximum lot coverage requirement as recommended by the Planning Commission. Councilmember Savanick asked if there is sidewalk on the property? Mr. Kelley said there is only on the Garrett Avenue side. The Council discussed sidewalk along 147th Street as a future separate project and asked that landscaping be done to allow for sidewalk installation. Bruce Maus was present and agreed with the request. He also reviewed the composition of the exterior building materials. Vote was taken on the motion. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1987 Page 6 MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for a lumber storage building at Lampert's on Lot 3, Block 1, Apple Valley Industrial Park First Addition, as recommended by the Planning Commission. LAMPERT'S LUMBER STORAGE BUILDING Mayor Branning asked if the building could be used as screening on the property line in place of the existing fence? Mr. Kelley said there are certain setbacks required by the State Building Code. An alternative would be to acquire an easement from the other property owner to ensure nothing would be built in the required area. The representative of Lampert's said he would like to eliminate the ten-foot space between the building and fence if it can be worked out. MOTION: of Savanick, seconded by Goodwin, tabling Lampert's building permit until November 24, 1987. Ayes - 5 - Nays - O. TABLE LAMPERT'S CHRISTMAS TREE SALES PERMIT RES. 1987-259 AWARD SNOW PLOW & STREET MATERL RES. 1987-260 ELECTION JUDGES MOTION: of Holton, seconded by Goodwin, approving a Special Use Permit for Christmas Tree Sales for Bill Brabec, d/b/a Silver Bell Tree Farm, at 980 Garden View Drive, from November 20 through December 20, 1987. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 259 awarding 1987-88 Contract Snow Removal and Street Repair Materials Purchases as shown in the Street 8upervisor's memo dated November 12, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 260 appointing judges for the December 8, 1987, Special Ice Arena Bond Election. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, amending the plat of Valley Meadows and Project 87-281 by constructing Heywood Path to end in a cul de sac due to topographic problems caused by a gasline easement. Ayes - 5 - Nays - 0. VALLEY MEADOWS CUL DE SAC MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1987-261 removing parking restrictions on the east side of Hayes Road between 145th Street and County Road 42 except adjacent to Fire Station No. 1 property and rescinding Resolution No. 1976-164. Ayes - 4 - Nays - 0 (Holton Abstained). RES. 1987-261 PAJ{KING ON EAST HAYES ROAD CLAIMS & BILLS MOTION: of Humphrey, seconded by Holton, to pay the claims and bills, checks numbered 31141, 31142, 57869 through 57900, 57905 through 57974, 57976 through 57987 and 57997 through 58098, in the total amount of $4,400,268.'95. Ayes - 5 ~ Nays - O. MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:47 o'clock p.m.