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HomeMy WebLinkAbout01/23/1986CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 23rd, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; City Administrator Asleson and City Clerk Mueller. ABSENT: None. 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 Goodwin, seconded by Holton, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Savanick, approving allfitems on the con- CONSENT AGENDA send agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving Change Order No. 3 to the contract with Balco Building Systems, Inc., for the Equipment Storage Building in the amount of a $60,890.00 de- duction allowing the City to purchase the metal building directly from Butler Manufacturing. Ayes - 5 - Nays - 0. CHANGE ORDER EQUIP. STORAGE BUILDING CABLE TV RATE INCREASE BEER LICENSE THE CLUB FINAL PAYMENT PROJ. 85-234 HIRE PARTTIME EMPLOYEES MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Savanick, receiving notice that Metro Cable, Inc., will increase its basic cable television rates by five percent effective February 1, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving an On-Sale 3.2 Beer License for 1986 for Valley Courts & Fitness Center, Inc., d/b/a The Club at 7600 West 147th Street, and accepting its affidavit for exemption from insurance requirements. Ayes - 5 - Nays - 0. MOTION: .of Holton, seconded by Savanick, accepting Project 85-234, a Portable Electric Generator, as final from Interstate Degroit Diesel Atlison, Inc., and authorizing final payment on the contract in the amount of $23,012.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring the parttime employees as listed in the memo from the City Administrator dated January 7, 1986. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meetings of December 30, 1985, and January 9, 1986, and the special meeting of January 13, 1986, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1986 Page 2 Mr. Asleson reported that informal discussions with AFSCME employees have been held during the past week. A mediation session is scheduled for 1:00 p.m. January 24, 1986, and there will be nothing further to report until after that. AFSCME UPDATE John Gretz reviewed the Planning Commission report dated January 23, 1986, concerning the proposed Pennock Shores development. It complies with the Comprehensive Plan and the developer is connecting the driveways of the fourplex units on Pennock Avenue so vehicles will be able to turn around. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 356 rezoning Lot 8, Block 1, Bor-Nel, from "LB" to "M-4" and Lots 6 through 12, Block 8, Valley Commercial Park 2nd Addition, from "LB" to "M-3" as recommended by the Planning Commission. ORDINANCE 356 REZONE PENNOCK SHORES Councilmember Holton said he is concerned about the number of accesses onto Pennock and asked if any could be combined. Mr. Gretz said Pennock is a neigh- borhood collector street at that point and direct access is permitted. There are four buildings proposed along Pennock with eight driveways, but the drive- ways will provide space for vehicles to turn around so they are not backing out into traffic. Mayor Branning asked if a cul de sac had been considered for the development? Bill Diedrich, the developer, was present and said a cul de sac would not be feasible because of the topography. Mr. Gretz said a storm water pond is needed in the area and this appears to be the best layout. Mr. Gretz said the future "Glenda Court" shown on the plans may not be a cul de sac, but may be a through street connecting to Cedar Avenue. Councilmember Goodwin said people buying the units should be made aware of that possibility and perhaps the cul de sac should not be shown on plans. Councilmember Holton said the driveway of the unit facing this street should be moved so it does not line up with the future street and look like an intersecting street. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of Pennock Shores, subject to installation of the future street connecting with Glenda Drive concurrent with final ap- proval of Phase II, as recommended by the Planning Commission, and directing Staff to prepare a development agreement. Ayes - 5 - Nays - 0. PRELIMINARY PLAT PENNOCK SHORES BLDG. PERMITS PENNOCK SHORES VARIANCE 13149 HERITAGE MOTION: of Savanick, seconded by Humphrey, authorizing issuance of building permits for the fourplexes in Phase I of Pennock Shores in accordance with the elevations and landscape plan shown, subject to filing the final plat, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a variance to allow construction to nine feet from the side lot line for a screened porch at 13149 Heritage Way as petitioned. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1986 Page 3 Councilmember Holton noted the Planning Commission recommended denial of the variance because it did not believe a hardship was involved and he asked if the porch could be moved to stay within the required setback? The petitioner was present and said if it were moved, a window in the house would have to be removed. The builder was to have allowed for the porch when the house was built, but did not. The house next door is 45 feet from this house at the rear corners so the variance of one foot should not cause a problem. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting variances for Lots 3, 4 and 5, Block 1, Timberwick 7th Addition, to allow construc- tion of structures to within 20 feet of the front lot lines due to the topography, said variances to run until January 1, 1990, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. VARIANCES LOTS 3, 4 & 5 BLK 1., ~.W. 7TH_ The Council received Mr. Gretz's memo dated January 17, 1986, concerning review of the sign ordinance by the Planning Commission. Councilmember Savanick asked if the Council should review it and give direction to the Planning Commission be- fore referring it to them? Mr. Gretz said the intent would be for the Planning Commission to have input from the business community during its review and the Council could be included in disucssions. MOTION: of Holton, seconded by Goodwin, referring the sign ordinance to the Planning Commission for review with input from the City's business community, and a discussion with the Council at an in- formal meeting during the review process, and forward a recommendation on revision of the ordinance to the Council. Ayes - 5 - Nays - 0. REFER SIGN ORDINANCE TO PLANNING COM. RES. 1986-10 PLANS & BIDS PROJ. 86-243 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986-10 approving plans and specifications for Project 86-243, 1986 Street Maintenance Project, and authorizing advertisement for bids to be received at 2:00 p.m. on February 25, 1986. Ayes - 5 - Nays - 0. Jim Sheldon reviewed a proposed agreement with Earl Wheaton to provide an ease- ment for a sanitary sewer force main across his property, between The Oaks of Apple Valley III development and 140th Street. It does provide that the City will relocate the main if it unreasonably interferes with development of the Wheaton property in the future. Keith Gordon said the easement is needed and even if relocation is required in the future, the cost will be less than construc- ting the force main around the Wheaton property. MOTION: of Goodwin, seconded by Humphrey, approving the agreement with Earl and Jacquelyn Wheaton for a sanitary sewer main easement on property in the South Half of the Southeast Quarter of Sec- tion 24, providing for payment by the City of $8,700.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. WHEATON EASE- MENT AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1986 Page 4 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1986- 1i setting a public hearing at 8:00 p.m. on February 13, 1986, on the application of B.J.S., Inc., d/b/a R. Berry's, for an on-sale and Sunday liquor license at 7721 West 147th Street. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving a 1986 mobile home park permit for Hirsch-Newman Company, operating Cedar Knolls Mobile Home Park. Ayes - 5 - Nays - 0. The Council received the League of Minnesota Cities 1986 Proposed City Policies and Priorities. The policies will be adopted at the League's annual legislative conference February 5, 1986. The Council reviewed the policies and had no comments or suggested changes in the priorities at this time. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 12 authorizing Councilmember Savanick to purchase promotional materials, in an amount not to exceed $300, to be distributed by the Mayor and Council. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 46847 through 46893, 46903 through 46923, 46925 through 46973 and 46975 through 47010, and authorizing a check for Wheaton storm sewer easement of $8,700.00 for a total approval of $2,670,362.73. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:10 o'clock p.m. RES. 1986-11 LIQUOR LICENSE HEARING R. BERRYS CEDAR KNOLLS 1986 PERMIT LMC 1986 POLICIES RES. 1986-12 PURCHASE PROMO- TIONAL MATERIAL CLAIMS & BILLS