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HomeMy WebLinkAbout08/22/1991CITY OF APPLE VALLEY Dakota County, Minneseta August 22, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 22nd, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Cook, City Planner Kelley, Building Official Miranowski, Sports Arena Manager Pietig, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton 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 led by Jason Christenson of Boy Scout Troop 205. MOTION: of Humphrey, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 ~ Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA AUG. 8, 1991 MINUTES RES. 1991~184 A.V. VILLA BOND FUND TRANSFER BRC ELECTION EQUIPMENT MNTC AGREEMENT Mayor Holton asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Goodwin, seconded by Erickson, adding release of Wildwood Ponds bond and police officer assistance for IAGP to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Erickson, approving the minutes of the regular meeting of August 8th, 1991, as written. Ayes - 4 ~ Nays - 0 (Humphrey Abstained). MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-184 approving transfer of $50,000 from the City Reserve Fund to the Project Reserve Fund for Minnesota Housing Development Revenue Refunding Bonds, series 1988 (Apple Valley Villa Project) subject to reimbursement to the City for legal expenses associated with the trans- action. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a Maintenance Agreement with Business Records Corporation for optical scan voting equipment for 1992-1993 at a total cost of $6,890.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1991 Page 2 MOTION: of Goodwin, seconded by Erickson, approving the appraisal of Roger Rohrer dated July 5, 1991, for a drainage easement over the Fischer property south of County Road 42 and authorizing payment $46,600.00 allowing the City to take possession of the property under the condemnation proceedings. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving the Five-Year Storm Water Drainage Easement and Option to Renew for Five Years with Michael and Elaine McNamara for property south of County Road 42 with annual payments of $4,000.00, subject to adjustments based on the Minneapolis area CPI; authorizing the Mayor and Clerk to sign the same; and authorizing payment of the 1991 installment of $4,000.00. deduction. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, amending the agreement with Severson, Wilcox & Sheldon for legal services by approving revised fees effective January 1, 1992, as contained in the letter dated July 31, 1991. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving participation in the League of Minnesota Cities Municipal Amicus Program and authorizing payment of annual dues as described in the City Attorney's letter dated July 31, 1991. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving an amendment to the Joint Powers Agreement with the City of Eagan for the Police Outdoor Firearms Training Facility and authorizing the Mayor and Clerk to sign the same, Ayes 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving the Rules for Operation of the Apple Valley-Eagan Firearms Training Facility. Ayes - 5 ~ Nays - 0. MOTION: of Goodwin, seconded by Erickson, granting a setback variance to allow a new home to be built 35 feet from the side lot line on Lot 4, Block 3, Eagle Pond 1st Addition (7024 Upper 136th Street) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a temporary no parking zone, in connection with a golf tournament on August 25, 1991, for the area one block south of County Road 38 on Dover Drive, Dorchester Trail and Dorchester Court. Ayes - 5 - Nays - 0. APPRAISAL & PAYMENT FISCHER DRAIN- AGE EASEMENT McNAMARA STORM DRAINAGE AGREEMENT CITY ATTORNEY FEE INCREASE LMC MUNICIPAL AMICUS PROGRAM FIRING RANGE J.P. AGREEMSNT FIRING RANGE OPER. RULES VARIANCE LOT 4, BLK 3, EAGLE POND TEMPORARY NO PARKING, GOLF TOURNAMENT CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1991 Page 3 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-185 awarding the contract for Project 91-370, Apple Ponds 3rd Addition Utility Improvements, to CECA Utilities, the low bidder, in the amount of $293,010.40. Ayes - 5 - Nays - 0. RES. 1991-185 AWARD CONTRACT PROJ. 91-370 RES. 1991-186 D.A.R.E. DONATIONS WILDWOOD POND BOND RELEASE POLICE IACP ASSISTANCE MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-186 accepting, with thanks, the donation of $565.00 for the Police D.A.R.E. Program from the individuals and companies listed in Exhibit A. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, authorizing release of the subdivision financial guarantee for Wildwood Ponds from $15,000.00 to 0. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, authorizing the Police Chief to reassign up to three Police Officers to assist the City of Minneapolis during the IACP (International Chiefs of Police) conference October 5 to 10, 1991. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:10 p.m. to PUBLIC HEARING consider Project 91-372, Pilot Knob Estates 7th Addition Utility PROJ. 91-372 Improvements, and noted receipt of the affidavit of publication of P.K. EST. 7TH the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated August 1, 1991. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:12 p.m. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-187 ordering installation of Project 91-372, Pilot Knob Estates 7th Addition Utility Improvements. Ayes - 5 - Nays - 0. RES. 1991-187 ORDER PROJ. 91-372 RES. 1991-188 TAKE BIDS PRO3. 91-372 & 91-374 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-188 combining Project 91-372 with Project 91-374, Embassy Estates 2nd Addition Utility Improvements; approv- ing plans and specifications therefore; and authorizing advertising for bids to be received at 2:00 p.m. on September 19, 1991. Ayes - 5 ~ Nays - O. Mayor Holton called the public hearing to order at 8:13 p.m. to PUBLIC HEARING consider vacating easements on Lots 1 and 2, Block 1, Bor-Nel, and EASEMENT noted receipt of the affidavit of publication of the hearing notice. VACATION Mr. Kelley reviewed his memo dated August 22, 1991, and explained that the Super Store complex is constructed on these two lots and the building CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1991 Page 4 owner and mortgage holder have requested the action. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:14 p.m. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1991-189 completing vacation of easements on Lots 1 and 2, Block 1, Bor-Nel, and directing recording of the documents with Dakota County. Ayes - 5 - Nays - O. RES. 1991-189 VACATE EASEMTS BOR-NEL MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 518 amending City Code Section 1-23 by setting the fee for business sign permits at $75.00 for a 40 square foot sign plus $1.00 for each square foot in excess of 40. Ayes - 5 - Nays - 0. ORDINANCE 518 AMEND SIGN PERMIT FEES Mr. Welsch reviewed the Planning Commission report on the applica- tion of Cub Foods for a conditional use permit to erect a major anchor sign. The proposed sign is 35 feet high and the maximum height permitted is 33 feet. The Planning Commission recommended approval of a sign no more than 33 feet high. CUB FOODS MAJOR ANCHOR SIGN CUP MOTION: of Goodwin, Jeconded by Erickson, adopting Resolution No. RES. 1991-1! 1991-190 approving a Conditional Use Permit for a major CUB SIGN anchor center sign, with a maximum height of 33 feet, for CONDITIONAL Cub Foods/Super Valu Stores on Lot 1, Block 1, Apple USE PERMIT Valley Retail Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on the application WATERPARK of Hartford Investments for a rental townhome proposal at the south- TOWN-HOMES east corner of County Road 11 and 140th Street. This is a substitute PROPOSAL proposal for a previously approved plat with apartment buildings. He reviewed the site plan for Waterpark Townhomes, six six-unit and one four-unit buildings containing a total of 40 units. The Planning Commission recommended approval with the pathway along the southeast side of the property, from 140th Street to Sunset Park, deleted. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-191 authorizing issuance of a building permit for the 40-unit Waterpark Townhomes, at the southeast corner of County Road 11 and 140th Street, without a pathway along the southeast side of the property, as recommended by the Planning Commission, and removing the words "attempt to" from paragraph 8 of the draft resolution. RES. 1991-191 WATERPARK BUILDING PERMIT Councilmember Erickson asked how Cobblestone Manor residents can access the park? Mr. Kelley showed the location of an existing pathway from Holyoke Lane and a pathway connection that will be constructed from the area of County Road 11 and 140th Street, along the lakeshore, to the park. CITY OF APPLE VALLEY Dakota County, Minneseta August 22, 1991 Page 5 Mayor Holton asked what the setbacks of the proposed units and pathway are on the southeast side? Mr. Kelley said the units are set back 65 feet from the lot line and the pathway is on the developer's property. The City has a 20- foot area between this property and the single family homes which was previously designated'for a pathway. The units on this side would be 85 feet from the back lot lines of the single family homes. Jack Brandt and Brian Lubben, of Hartford Investments, were present. Mr. Brandt commented on adjustments made to the proposal to meet neighborhood wishes. They believe park access will be adequate without this additional pathway. They will complete the pathway along the lakeshore from its existing point to County Road 11/140th Street. Councilmember Goodwin asked if there is another park in the area? Mr. Kelley said no. The 20-foot strip is part of the outlot for Sunset Park and could be used for access without constructing a pathway. Councilmember Sterling asked why a path was mot previously installed? Mr. Kelley said there is such a change in topography that it was not practical to construct it until this property developed. Mayor Holtom asked why vinyl siding is being used on the units? Mr. Brandt said Bor-Son Construction will be doing the work and recommended the siding because of the quality and warranty. Councilmember Sterling asked about garage space. Mr. Brandt said about two- thirds of the units will have double garages and the rest will have single garages. Each of the units will have fireplaces and laundry facilities. Don Romain, 405 Reflection Road, commented on the trail system and said he believes access along the lakeshore is most desirable. A path on the southeast side of the property from 140th Street would be duplication of the sidewalk/ path on Holyoke Lane. He asked whether the appearance of the back side of the units could be enhanced. Because of the elevation, only the roofline will be visible from 140th Street. Mr. Lubben said they worked with Ed Holmes on the design and added shutters on the rear windows and doubled the amount of windows on the ground level. Trim details were added as well as additional landscaping. John Miller, 13667 Holyoke Lane, said the additional pathway is redundant and obtrusive to the backyards of the existing homes. Cobblestone Manor residents walk along the sidewalk and use the existing pathway now. There are a series of willows and immature maple trees on the 20-foot strip which they would like to remain. Any pathway connecting to 140th Street would have a steep slope. Chuck Hanson, 13657 Holyoke Lane, said the topography at 140th Street is a three to one slope and would be too steep for a path. They are concerned about the security of their.homes with foot traffic on both sides. It would allow too much access to their property and he expressed concerned about the safety of his children. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1991 Page 6 Lynn Bury, 8962 - 138th Street Court, commented on the developer installing play equipment if there is a need for better park access. MOTION: of Humphrey, seconded by Goodwin, amending the motion by requiring the developer to provide a pathway easement along the southeast end of the property and escrow funds for the cost of pathway construction for up to one year following completion of the project. AMEND MOTION PATHWAY CONST, ESCROW Doug Hill, 8943 - 138th Street Court, asked that the language in paragraph 8 of the draft resolution, concerning a requirement to mitigate phosphorus loading of Lake Alimagnet, be'strengthened to require meeting standards in the hydrolo- gist's report yet to be received. Mr. Kelley said that report will be more general, on the Lake as a whole, and not be specific to the pond contained on this property. Councilmember Humphrey asked what the status is of controls, such as fertilizer usage, car washing, etc., around the area of Lac Lavon? Mr. Kelley said an educational process is being used to inform residents about the effects of these activities on the lake rather than an ordinance. The report on Alimagnet will probably recommend these kinds of efforts for that watershed also. Vote was taken on the amendment. Ayes - 5 ~ Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving an extension of the final plat approval for Apple Valley Apartments (Waterpark Townhomes property) until January 1, 1992, subject to preparation of a revised subdivision agreement. Ayes - 5 - Nays - 0. EXTEND PLAT APPROVAL A.V. APARTMENTS Mr. Romain said when the Wood Park area in Burnsville was being developed, debris and silt ran into Lake Alimagnet and caused problems. Are arrangements being made to protect the Lake from erosion during construction and from filling in the pond? Mr. Gordon said they will be required to install silt fences and take other measures, but if there is excessive rainfall, there will be some erosion into the Lake. The pond has a submerged outlet so any debris floating in it should stay there and not flow into the Lake. MOTION: of Goodwin, seconded by Sterling, authorizing acquisition of surplus right-of-way for County Road 11 from Dakota County for the purpose of including it in the final plat of Waterpark Townhomes. Ayes - 5 - Nays - 0. ACQUIRE CR 11 SURPLUS RIGHT-OF-WAY.. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1991-192 receiving the preliminary engineering report on Project 90-351, Waterpark Townhomes Utility Improvements, and setting a public hearing on it at 8:00 p.m. on September 12, 1991. Ayes - 5 ~ Nays - 0. RES. 1991-195 SET HEARING PROJ. 90-351 CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1991 Page 7 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-193 approving the 1992 City Budget with revenue of $18,406,439 and expenditures of $18,336,273; adopting a proposed total tax levy, collectible in 1992, of $8,561,491; and setting a public hearing on it at 8:00 p.m. on November 21, 1991. Ayes - 5 - Nays - 0. RES. 1991-193 1992 BUDGET & TAX LEVY The Council received a memo dated August 21, 1991, from Mr. Welsch GIS COMPUTER concerning the purchase of computer equipment for a Geographic UPGRADE Information System (GIS) workstation. The Council discussed whether the hardware could be purchased at better pricing than the quotations shown in the memo. The Council concurred that Councilmembers Erickson and Humphrey should work with Mr. Welsch on additional quotations. MOTION: of Goodwin, seconded by Sterling, approving Change Orders to the contract with Fendler Construction for Liquor Store No. 2 Interior Remodeling as follows: No. G-2, add $213.00 and No. G-3, add $2,505.00. Ayes - 5 - Nays - O. CHANGE ORDERS LIQ. STORE 2 REMODELING Mr. Welsch advised the Council that Ryan Construction and Wendy's are WENDY'S DRIVE working on a redesign of the parking lot and drive through lane in THRU DESIGN Southport Centre to make it more efficient. They will pay the cost of any realignment. The Council concurred they should work with Staff on the proposal. Mr. Melena advised the Council that Shamrock Animal Hospital would like to acquire the First Federal Building and move it to vacant pro- perty north of County Road 42 and east of Garrett Avenue. Information on moving costs is being prepared and will be sent to them. 1ST FEDERAL BUILDING SKIPPER'S LEASE OPTION KARATE SCHOOL LOCATION Mr. Melena advised the Council that Skipper's has verbally accepted the 120-day option to acquire the lease on the site for $5,000.00. When a written confirmation is received, it will be presented to the Council for consideration. Mr. Melena advised the Council that National Karate School has not signed an offer on the old liquor store building. Instead it will be signing an option on the space in Granada Center being vacated by The Printing Center relocation. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-194 requesting Dakota County to designate new County Road 38/State Trunk Highway 77 alignment as "Valleywood Drive" from County Road 11 to the Rosemount Border. Ayes - 5 - Nays - O. RES. 1991-194 VALLEYWOOD DRIVE REOUEST MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check register dated August 14, 1991, in the amount of $1,947,456.08; and check register dated August 21, 1991, in the amount of $2,496,391.91. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:58 o'clock p.m.