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HomeMy WebLinkAbout09/11/1986CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 11, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 8:11 P.m~). ABSENT: None. City staff members present were: City Administrator Asleson, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Community Development Director Gretz, 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 Holton, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA RES. 1986-187 SPECIAL ASSbiT. DIVISIONS SKYDIVING PERMIT VALLEYWOOD RES. 1986-188 GALAXIE PARK 2ND FINAL PLAT FINAL PAYMENT PROJ. 84-8 FINAL PAYMENT PROJ. 86-243 MOTION: of Holton, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-187 approving special assessment divisions: 16590 - Apple Valley Commercial 2nd Addition; 16636 - Carrollton Estates 2nd Addition; 16653 - Menards; 16663 - Eastern Ath- letic Complex Property; and 16676 - Valley Way Village 4th Addition. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving a permit for a skydiving display at Valleywood Golf Course on September 21, 1986, pursuant to City Code Section 14.5-3(s) as requested by the Parks & Recreation Director. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-188 approving the final plat and development agreement for Galaxie Park Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 84-8, Lac Lavon Shores 1st Addition Improvements, as final and author- izing final payment on the contract with Encon Utilities in the amount of $14,359.47. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 86-243, 1986 Street Maintenance Program, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $15,538.41. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1986 Page 2 MOTION: of Holton, seconded by Humphrey, accepting Project 86-252, Carrollton Estates 2nd Addition Trunk Improvements, as final and authorizing final payment on the contract with Richard Knutson, Inc., in the amount of $49,436.56. Ayes - 4 - Nays FINAL PAYMENT PROJ. 86-252 END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of August 28th, 1986, as written. Ayes - 4 - Nays - O. AUG. 28, 1986 MINUTES AUDIENCE DISCN. Mayor Branning asked if anyone was present at this time to address the Council on any item not on this meeting's agenda. There was no one present to speak. Bill Walker, representing Kids-~N-Kinship, was present to request a proclamation for Kinship week in the City. He described the activities of the volunteer organization which is a friendship program for children needing stable adult companionship. MOTION: of Goodwin, seconded by Holton, proclaiming September 21st to 28th, 1986, as Kinship Week in the community and urging citizens to acquaint themselves with the principals and objectives of Kids-~N-Kinship. Ayes - 4 - Nays - O. PROCLAIM KINSHIP WEEK Mayor Branning called the public hearing to order at 8:10 p.m. to PUBLIC HEARING consider vacating easements in Blocks 13 and 14 of Morningview 2nd MORNINGVIEW 2ND Addition and noted receipt of the affidavit of publication of the EASEMENT hearing notice. Mr. Gretz said the vacation was requested to allow VACATION construction of porches connecting the townhouses and garages on eight units. The utilities in the easements are being relocated. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:11 p.m. (Councilmember Savanick attended during this time.) MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-189 approving vacation of certain drainage and utility easements in Blocks 13 and 14 of Morningview 2nd Addition. Ayes - 5 - Nays - O. RES. 1986-189 M.V. 2ND EASE- MENT VACATION Mayor Branning called the public hearing to order at 8:12 p.m. on PUBLIC HEARING Project 86-257, Fischer Storm Pond Construction, and noted receipt PROJ. 86-257 of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the engineering report describing construction of the pond on the 12-acre site the City owns at 147th Street and Galaxie Avenue. Approximately 160 acres of the Fischer Sand Aggregate property in the area will be assessed for the project. Construc- tion is planned for November and December. Councilmember Savanick asked why the pond is proposed to have a square rather than round shape? Mr. Gordon said it will be a holding pond in the industrial area and generally not visible to the public. The square shape will maximize its capacity. No topsoil will be spread on the area in an attempt to increase seepage and side slopes will have a CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1986 Page 3 four to one ratio. The Mayor asked for questions from the Council and the public. There were none and the hearing was declared closed at 8:15 pom. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-190 ordering installation of Project 86-257, Fischer Storm Sewer Pond Construction. Ayes - 5 - Nays - 0. RES. 1986-190 ORDER PROJECT 86-257 RES. 1986-191 PLANS & SPECS. PROJ. 86-257 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 191 directing the Engineer to prepare plans and specifica- tions for of Project 86-257. Ayes - 5 - Nays - 0. The Council received a petition from residents requesting review of 140TH & CEDAR land use portion of the City's Comprehensive Plan for the area of LAND USE REVIEW 140th Street and Cedar Avenue, particularly the southwest quadrant. PETITION Mr. Gretz said review and update of the Comprehensive Plan for the entire City is being budgeted for 1987 so he believes this request is being addressed. A review of the central business district is now in process and the entire plan will take many months to complete. Jerry Pritchett, 7780 - 139th Court, representing the neighborhood, said they would like the Comprehensive Plan reconsidered and public hearings held on it. They are opposed to business uses on the southwest corner of 140th and Cedar and would request postponing any decision on development of it until the Comprehensive Plan has been reviewed. He said he understands the petition for "Cedar Plaza" was withdrawn from this meeting, but what will happen if the petitioner requests action on it? Mayor Branning said it will not have to go before the Planning Commission again, but will have to be heard at a Council meeting. Mr. Pritchett and Mr. Stuebe will be notified when this occurs. Mr. Gretz said the request was withdravrn by the petitioner who will have to contact the City and request it be heard. Unless this request is made prior to June of 1987, the petition will expire. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a building permit for a two-story office building on Lot 1, Block 2, Hamlet I, as recommended by the Planning Commission. BLDG. PERMIT LOT 1, BLOCK 2, HAMLET I The Council received the Planning Commission report. Councilmember Humphrey asked how the moratorium on commercial buildings applies? Mr. Kelley said this area, at 142nd Street and Cedar Avenue, is not included in the central business district study area. The lot is zoned Limited Business and the building permit application meets performance standards. The Council discussed action required on this request. Mr. Sheldon said this differs from the "Cedar Plaza" petition because the land is already zoned and platted for this use. If the City does not approve a building permit, the petitioner could obtain a writ of mandamus from the court requiring the permit to be issued. Vote was taken on the motion. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for an addition on Lots 3 and 4, Block 3, Valley Commercial Park 2nd Addition, subject to including a mansard roof, and granting a variance for a 60.5~foot front parking dimension, as recommended by the Planning Commission. BLDG. PERMIT LOTS 3 & 4, BLK 3, VALLEY COMML. PARK 2ND CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1986 Page 4 The Council discussed the uses allowed in the General Business zone. Mr. Kelley said they are proposing to replat Lots 3, 4 and 5, into two lots. Half of Lot 4 will be combined with Lot 3 for this building and the other half with Lot 5 for an expansion of the car wash. Councilmember Humphrey asked how the moratorium applies in this case? Mr. Kelley said this is in the study area, but it is an expansion of an existing building and the same materials will be used for construction. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1986-192 receiving a request for traffic signals at the in- tersection of County Roads 40 and 31 and requesting the Dakota County Board to authorize a study for signal warrants at this intersection and also County Road 40 and Galaxie Avenue. RES. 1986-192 TRAFFIC SIGNAL STUDY C.R. 40 & 31 - GALAXIE Mr. Gretz said the signal at County Roads 40 and 31 is in the County Capital Improvement Program for 1989; however, a study may show that the time schedule should be moved up. Councilmember Holton said this intersection may be safer without signals because it is now a four-way stop which may be adequate until County Road 31 is improved. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, granting setback variances to allow construction to within 20 feet of the front lot lines on Lots 5, 6, 7, 8, 9 and 10, Block 3, Meadowlark Glen, as recommended by the Planning Commission. FRONT VARIANCES MEADOWLARK GLEN Councilmember Humphrey said he believes the number of lots along Diamond Path should have been reduced when the area was platted, as suggested by the Council, and variances would not be necessary; therefore he is opposed to the variances. Curt Laughinghouse, representing the developer, was present and described the request. Because of the dis- tance from the front lot lines to the pond, variances would be required even if the lots were wider. The lots will require fill and it is more economical to fill and grade the lots at the same time rather than individually. A variance is not needed for Lot 5 and he is requesting only an excavation permit for that lot. The Council discussed the ponding area and expressed concern about infringing on it by allowing the filling. Councilmember Nolton said he does not believe the setback should be reduced along Diamond Path because it is a collector street. Councilmember Humphrey said whether or not the variances are approved, the proposed excavation work on the lots on the south side of Diamond Path should be discussed with owners of the neighboring lots before the Council considers the request. MOTION: of Holton, seconded by Humphrey, tabling consideration of Meadowlark Glen variances and excavation permit until September 25, 1986. Ayes - 4 - Nays - 1 (Savanick). TABLE MOTION CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1986 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 193 approving construction plans for Apple Valley Commons - Phase II and Resolution No. 1986-194 approving construction plans for Apple Valley Business Center as required by the respective development agreements. Ayes - 5 - Nays - 0. RES. 1986-193 RES. 1986-194 COMMONS II & A.V.B.C. PLANS FAMILY PLUS GAMBLING LICENSE MOTION: of Goodwin, seconded by Humphrey, receiving the application of Family Plus, Inc., to the Minnesota Charitable Gambling Control Board for a Class B Gambling License at Georgets Market, 207 County Road 42. It was noted that this is the first such application for a location at a convenience store in the City. The Mayor asked that the Council be apprised of any problems with any gambling licenses in the City. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Savanick Abstained). MOTION: of Holton, seconded by Savanick, authorizing issuance of Apple Valley's final subsidy payment to Divine Redeemer Hos- pital for 1985 Ambulance Service in the amount of $6,684.99. DIVINE REDEEMER AMBULANCE FINAL SUBSIDY Mr. Lawell said the Cities of Apple Valley, Lakeville and Farmington have negotiated this final payment, as described in his memo dated September 2, 1986 It is intended that the checks from all three cities will be mailed together. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Coodwin, appointing Scott D. Raf- ferty and A. Michael Young to the Cable Television Committee for terms expiring March 1~ 1987. Ayes - 5 - Nays - 0. CABLE TV COM. APPOINTMENTS Police Chief Rivers said fall soccer has started at Cedar Park School STATUS REPORT again. On September 6, 1986, vehicles were parked on both sides of NEWELL DRIVE Newell Drive, but the Police Department did not receive any complaints. PARKING The Fire Marshal has advised that a fire trunk would be able to get through the street even with vehicles parked on both sides. No action is required at this time and the situation will continue to be monitored. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-195 awarding the contract for Project 86-256, Scotts~ briar 2nd Addition Improvements, to Lake Area Utility Contracting, the low bidder, in the amount of $339,380.00. Ayes - 5 - Nays - 0. RES. 1986-195 AWARD CONTRACT PROJ. 86-256 RES. .1986-196 AWARD CONTRACT PROJ. 86-258 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 196 awarding the contract for Project 86-258, Morningview Street Improvements, to Alexander Construction, the low bidder, for the base bid in the amount of $61,832.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1986 Page 6 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 197 awarding the contract for Project 86-247, Timberwick 8th Addition Improvements, to Lake Area Utility Contracting, the low bidder, in the amount of $66,728.00. Ayes ~ 5 ~ Nays - 0. MOTION: of Holton, seconded by Branning, setting informal meetings for the purpose of reviewing the 1987 budget at 7:30 p.m. on Tuesday, September 16, 1986, and Thursday, September 18, 1986. Ayes - 5 - Nays - 0. Councilmember Goodwin said two applications have been received for appointment to the Park Committee. He will have a recommendation for the Council at its meeting of September 25, 1986. MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 31117, 31118, 50485 through 50553, 50563 through 50600 and 50607 through 50729, in the total amount of $3,792,579.49. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:54 o'clock p.m. RES. 1986-197 AWARD CONTRACT PROJ. 86-247 SET BUDGET RE- VIEW MEETINGS PARK COMMITTEE APPOINTMENTS CLAIMS & BILLS