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HomeMy WebLinkAbout04/10/1986CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 10th, 1986, at 8:00 oclock 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 Savanick, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays ~ 0. APPROVE AGENDA MOTION: of Humphrey, seconded by Goodwin, approving all items on the CONSENT AGENDA consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by goodwin, approving a 1986 firearms range permit at the northwest corner of Pilot Knob Road and 160th Street for use in conjunction with firearms safety courses. Ayes ~ 5 - Nays - 0. FIREARMS RANGE PERMIT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-54 awarding the contract for Project 86-249, Deep Well No. 4 Pump Repair, to E. H. Renner & Sons, the low bidder, in the amount of $11,785.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-55 awarding the contract for Street Sweeping and Traffic Marking Services to Mike McPhillips and AAA Striping Services, respectively, the low bidders under the Joint Powers Agreement for such services. Ayes - 5 - Nays - O. MOTION; of Humphrey, seconded by Goodwin, directing the Engineer to prepare a preliminary feasibility report for Project 86- 253, Lac Lavon Shores 3rd Addition Improvements. Ayes - 5 Nays - 0. RES. 1986~54 PROJ. 86-249 BID AWARD RES. 1986-55 ST. SWEEP & TRAFFIC MARK BID AWARD PRELIM. REPORT LAC LAVON 3RD IMPROVEMENTS CHANGE ORDER 4 HIRE PARTTIME EMPLOYEES MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 4 to the contract with Balco Building Systems for the Vehicle and Equipment Storage Building in the amount of a $4,925.00 deduct. Ayes - 5 - Nays - 0. MOTION; of Humphrey, seconded by Goodwin, approving hiring the parttime employees as listed in the memo from the City Administrator dated April 4, 1986. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota APRIL 10, 1986 Page 2 MOTION: of Holton, seconded by Goodwin, approving the minutes of the meeting of March 27th, 1986, as written. Ayes - 5 - Nays - 0. MARCH 27, 1986 MINUTES AUDIENCE DISCN. 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. Bill Peterson, of the Dakota County Assessor's Office, was present to review recommended tax abatements with the Council. MOTION: of Savanick, seconded by Holton, approving tax abatements for parcels numbered 01-56606-130-01 and 01-11711-230~05 as recommended by the Dakota County Assessor. Ayes - 5 - Nays - O. TAX ABATEMENTS Barb Pilot, District Representative for the American Cancer Society for Dakota and Washington Counties, was present and described the "Jail and Bail" fund raiser they are proposing. Volunteer off-duty police officers are used to pick up people at work or at home. They will need two volunteer officers per hour. The event is planned for May 8 9 and 10, 1986, at Apple Valley Square. The Council received the Police Chief's memo dated April 10, 1986, concerning this matter and liability exposure. Ms. Pilot said the American Cancer Society has insurance for its volunteers for this purpose and all participants would be considered volunteers. MOTION: of Holton, seconded by Savanick, authorizing voluntary participation, to the extent reasonably possible, by City officials in the Cancer Society "Jail and Bail" fund raiser on May 8, 9 and 10, 1986. Ayes - 5 - Nays - 0. JAIL & BAIL FUND RAISER David Carroll, of Sunshine Construction, was present and described LAC LAVON DAY the ceremony being planned for May 11, 1986, in connection with pre- PROCLAMATION sentation of the deed for the property under Lac Lavon to the City. It will include tree plantings, being coordinated by the Citys Forestry Department, horse carriage rides, the zoomobile and hot air balloon races. The Mayor read a proclamation, proclaiming May 11, 1986, as Lac Lavon Day. Other representatives of Sunshine Construction present were John Hankinson, Jeannie Johnson and Pat Lindquist. John Gretz reviewed his memo dated April 7, 1986, concerning the annual permit for Eaton Mobile Home Park. He has been working with the new park owner and progress is being made on resolving the problems. For this reason, a two-week extension to complete the necessary item is requested. Don Rank, of the Eaton Park Homeowners Association, was present and said they are working with the new owner who is cooperative in cleaning up the park. They are concerned about removal of a trailer that is unsafe and would like it removed by the weekend. The previous owners have not yet removed some heavy construction equipment also. Other members of the Association present were Dave Harvey, Harry Kennedy, Mike Brouillette and Connie Pooli. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1986 Page 3 Ray Williams, representing Astleford Construction, the new owner, said they would appreciate a two-week extension on the permit. The application for a Health Department Certificate has just been received and they are in the process of completing it. Mr. Williams also said the unsafe trailer is supposed to be moved by the previous owner. He would like to have the City cite it as being in violation of building codes which might help its being removed. MOTION: of Humphrey, seconded by Goodwin, granting a two-week extension to the time limit set in Resolution No. 1986-7 for Eaton Mobile Home Park to complete items necessary for obtaining an annual permit from the City. Ayes - 5 - Nayes - 0. EATON PARK PERMIT EXTNSN. RES. 1986-56 CONDL USE PERMIT MERMAID CARWASH MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986-56 granting a conditional use permit for motor fuel sales for a 10-year period on Lots 5, 6, 7 and 8, Block 5, Valley Commercial Park 2nd Addition, and authorizing issuance of a building permit on the property for Mermaid Car Wash subject to setbacks and an additional driveway access to Glenda Drive at such time as Lot 8 is built upon as recommended by the Planning Commission. Mr. Gretz reviewed the Planning Commissionts recommendation. Raymond Berg and Steven Smith, the petitioners, were present and described their proposal and answered questions. Vote was taken on the motion. Ayes - 5 - Nays - 0. Senator Darril Wegscheid was present and commented on the Local Gov- ernment Aid legislation and thanked everyone who called the conferees about this legislation. SEN. WEGSCHEID Mayor Branning asked Jim Sheldon to give the Council information concerning its powers on a rezoning request in Apple Valley Industrial Park. Mr. Sheldon said the area is designated Limited Industrial in the Comprehensive Plan. The present zoning is 1-2 and a rezoning to I-1 is requested. State Law provides that if the Comprehensive Plan shows a use and that zoning is requested, the Council is obligated to rezone the property unless there is a significant reason to deny it. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 358 rezoning the area contained in the preliminary plat of Apple Valley Industrial Park Second Addition Replat from I-2 to I-1 as recommended by the Planning Commission. ORDINANCE 358 REZONE A.V. IND. PARK 2ND REPLAT Mr. Gretz reviewed the Planning Commission's recommendation and said it took action to recommend approval the same night as the public hearing because building permits for two of the lots had been previously authorized and a third permit was being requested. The rezoning would allow smaller lots. Councilmember Humphrey said because the Planning Commission's policy is not to act the same night as the hearing to allow full consideration of items, this should be returned to the Planning Commission. CITY OF APPLE VALLEY Daketa County, Minnesota April 10, 1986 Page 4 Jan Smith, of Apple Valley Medical Center, was present and said her concern is what buildings that might be built across the street from the clinic will look like. She also asked if it is known what would be built there? Mr. Gretz said nothing is proposed for Lot 1 at this time. MOTION: of Humphrey, seconded by Holton, tabling consideration of this rezoning for two weeks. Ayes - 2 (Holton and Humphrey) - Nays (Branning, Goodwin and Savanick). Motion Failed. TABLE REZONING Councilmember Humphrey said the permit for Hoffman Kitchens was approved several weeks ago and holding it for two more weeks should not make any difference. Councilmember Goodwin said he was at the Planning Commission meeting when this was considered and it was felt it was appropriate to make an exception and act on the request. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1986-57 approving the preliminary and final plats of Apple Valley Industrial Park Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 - Nays - 0. RES. 1986-57 A.V. IND. PARK FINAL PLAT BLDG. PERMIT LOT 3, BLK 1, A.V. IND. PARK 2ND REPLAT MOTION: of Holton, seconded by Savanick, authorizing issuance of a building permit for an office/storage facility on Lot 3, Block 1, Apple Valley Industrial Park Second Addition Replat as recommended by the Planning Commission. Mr. Gretz said the Planning Commission was originally informed that a variance was needed, but the loading dock area is 104 feet from the front lot line and no variance is required. Doug Groen, the petitioner, was present and reviewed the building plans. There will be two bay doors on the warehouse area. The office area will have brick facia with a mansard roof for 40 feet along the front. Councilmember Humphrey said he has seen what happens to metal buildings after a time and believes it is a mistake to allow them. Mayor Branning said the City would like to encourage more concrete or brick buildings in the industrial park areas. Councilmember Savanick asked what the difference is between metal buildings and metal siding? Mr. Gretz said metal buildings include metal framework and are designated Class 4 in the Building Code. Councilmember Goodwin asked if there is anything the City can do about putting controls on types of buildings because this discussion continues to come up? Mr. Gretz said it cannot be controlled by the Building Code, but would come under standards for aesthetics in a specific zoning district. Mr. Sheldon said he will look into drafting an ordinance of this type for the Council to consider. Roll call vote was taken on the motion: Goodwin - Aye, Holton - Nay, Branning - Aye, Savanick - Aye, Humphrey - Nay. Motion Passed. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1986 Page 5 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1986-58 approving the final plat and development agreement for Valley Way Village Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1986-58 VALLEY VILLAGE 3RD FINAL PLAT RES. 1986-59 PILOT KNOB 5TH FINAL PLAT NEWCOMB SPECIAL USE PERMIT RES. 1986-60 PROJ. 86-238 SET HEARING RES. 1986-61 PROJ. 86-246 PLANS & BIDS RES. 1986-62 PROJ. 86-245 PLANS & BIDS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-59 approving the final plat and development agreement for Pilot Knob Estates Fifth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a special use permit for Donald E. Newcomb to sell nursery stock and shade trees on the northwest corner of the intersection of Galaxie Avenue and County Road 42 from May 15 to December 15, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-60 receiving the preliminary engineering report on Project 86-238, Garden View Drive South Extension, and setting a public hearing on it at 8:00 p.m. on May 8th, 1986. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-61 approving plans and specifications for Project 86- 246, Castlewood Manor Improvements, and authorizing advertisement for bids to be received at 2:00 p.m. on May 13, 1986. Ayes - 4 - Nays - 1 (Holton). MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1986-62 approving plans and specifications for Project 86- 245, 151st Street and Foliage Improvements, and authorizing advertisement for bids to be received at 2:00 p.m. on May 13, 1986. Ayes - 5 - Nays - 0. Councilmember Humphrey left the table at this time and sat in the audience. MOTION: of Goodwin, seconded by Branning, adopting the draft resolution, dated April 10, 1986, titled Signs at 7570 147th Street, authorizing issuance of individual business sign permits at that address, subject to other requirements of the sign code, and any business identified on the existing pylon sign shall not be entitled to a business sign. SIGNS AT 7570 147TH STREET TABLE MOTION MOTION: of Holton, seconded by Savanick, tabling consideration of this motion. Ayes - 4 - Nays - 0. Councilmember Humphrey returned to the Council table. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1986 Page 6 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986-63 approving a temporary waiver of platting to allow the deed for the property in the Padlock Mini-Storage site, part of the NW 1/4 of the NE 1/4 of Section 34, to be filed with the Dakota County Recorder prior to the final plat being prepared. Ayes - 5 - Nays - 0. RES. 1986-63 PLAT WAIVER PADLOCK PROPERTY The Council received a letter dated April 10, 1986, from William Stjern, Athletic Director of Scott Highlands Middle School, requesting use of Moeller Park for practice fields on weekdays, between 3:30 and 4:30 p.m., from April 15 to May 22, 1986. Mr. Gurban said he understands Apple Valley High School will also be submitting a request to use certain fields and he would recommend allowing such use. This use would be during the week and should not interfere with other uses. MOTION: of Savanick, seconded by Goodwin, authorizing Scott MOELLER PARK Highlands Middle School teams to use Moeller Park for FOR PRACTICES practice on weekdays, from 3:30 to 4:30 p.m., from April 15 to May 22, 1986. Ayes ~ 5 - Nays - O. Councilmember Goodwin asked what the schedule is for recruitment to COUNCIL ITEMS fill the new staff positions? Mr. Asleson said the positions have been advertised and the closing dates for accepting applications for the Personnel Director and Planning Assistant positions are April 15, 1986, and April 18, 1986, respectively. Councilmember Humphrey said he will be reviewing applications for the Planning Commission vacancy and make a recommendation on an appointment at the April 24, 1986, meeting. Mayor Branning said he received a letter and article about Police Officer Mike Pritzlaff from Don Westerhausen commending Mike for his volunteer service at Scott Highlands Middle School. He also received copies of letters sent to Tom Wahl, Terry Schultz, Gary Pietig and Jon Gurban by the Apple Valley Hockey Association thanking them for their work during the 1985-86 hockey season. Mayor Branning said he received information about a seminar on "Developing Downtowns" and asked Mr. Gretz and Mr. Asleson to look into attending. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 47957 through 48027 and 48037 through 48150, in the total amount of $3,374,948.04. Ayes - 5 - Nays - O. CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:33 o~clock p.m.