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HomeMy WebLinkAbout10/24/1991CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 24th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Gouncilmembers 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 Erickson, Public Works Director Gretz, City Planner Kelley, 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. MOTION: of Humphrey, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. RED RIBBON ACTIVITIES PROCLAIM CHEMICAL HEALTH WEEK CONSENT AGENDA OCT. 10, 1991 MINUTES PROCLAIM TOM LONDGREN DAY 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. Police Captain Erickson read a proclamation in support of activities sponsored by the Minnesota Chemical Health Week and MADD's Project Red Ribbon and asked for Council endorsement of the proclamation. MOTION: of Sterling, seconded by Erickson, proclaiming November 8- 15, 1991, as Minnesota Chemical Health Week in the City and encouraging citizens to participate in alcohol and drug abuse prevention efforts. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adding a determination on a parking variance at 14625 Hallmark Drive to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Erickson, approving the minutes of the regular meeting of October 10th, 1991, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Humphrey, seconded by Erickson, proclaiming October 26, 1991, as Thomas G. Londgren Recognition Day and thanking him for his years of dedicated volunteer service to the youth of Apple Valley. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1991 Page 2 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-220 accepting, with thanks, the donation of $610.00 for use by the Police Department D.A.R.E. Program from the businesses and organizations listed in Exhibit A. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-221 approving specifications for contract vehicle towing and impounding services for 1992-1993 and advertising for bids to be received at 2:00 p.m. on November 19, 1991. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Erickson, approving issuance of a 1991 license for over-the-counter cigarette sales for Walgreen's at 153rd Street and Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving the application of Ann E. Feiner, 7294 West 132nd Street, for Senior Citizen deferral of payment of Special Assessment Rolls 247 and 281, relevied as 299, on parcel number 01-02200-070~29. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, authorizing reduction or release of the subdivision financial guarantees for: Hunt- ington/Hunters Ridge from $100,000.00 to 0; Timberwick 9th Addition from $8,207.20 to $5,250.000; and Lac Lavon Shores 2nd Addition from $4,747.36 to 0. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving Change Order No. 2 to the contract with McNamara Contracting for Project 91-363, 1991 Street Maintenance Program, in the amount of an additional $11,967.36, for Granada alley work. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving Change Order No. 3 to the contract with McNamara Contracting for Project 91-363, 1991.Street Maintenance Program, in the amount of an additional $33,033.00, for Liquor Store No. 2/PDQ Parking Lot. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving Change Orders No. 5 and 6 to the contract with Fendler Construction for Liquor Store No. 2 Interior Remodeling in the amounts of an additional $1,290.00 and $1,214.00, respectively. Ayes - 5 - Nays - O. RES. 1991-220 D.A.R.E. DONATION RES. 1991~221 TAKE BIDS TOWING & IMP, WALGREEN'S CIGARETTE LIC. FEINEK SR. CITIZEN ASSMT. DEFERRAL SUBDIVISION BOND REDUCE CHANGE ORDER 2 PROJ. 91-363 CHANGE ORDER 3 PROJ. 91-363 CHANGE ORDERS 5 & 6 LIQ. 2 REMODELING CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1991 Page 3 MOTION: of Humphrey, seconded by Erickson, accepting the contract with McNamara Contracting for Project 90-356, 140th & Galaxie Intersection Reconstruction and Traffic Signal, as final and authorizing final payment in the amount of $22,091.26. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 90-356 1ST FEDERAL BLDG. MOVE SETTLEMENT ALIMAGNET STUDY PUBLIC MEETING RENEW FIRE DISABILITY INSURANCE MOTION: of Humphrey, seconded by Erickson, authorizing payment of $6,000.00 as final settlement with Dale Movers, for work done to date, for moving the Old First Federal Savings & Loan Building. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, receiving notice of the informational meeting on the Alimagnet Diagnostic/Feasi- bility Study, set at 7:00 p.m. on October 30, 1991, at Burnsvilte City Hall, for residents on the lake. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving renewal of disability insurance coverage for volunteer firefighters through Hartford (premium of $663.75) and the Volunteer Firemen's Benefit Association (premium of $192.00) effective November 1, 1991. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving hiring Gerald L. Woltjer for the position of Assistant Manager at Liquor Store No. 1 effective October 27, 1991, at a starting salary of $21,250.00. Ayes - 5 - Nays - 0. HIRE WOLTJER ASST. LIQ. MGR MOTION: of Humphrey, seconded by Erickson, approving hiring the seasonal employees as listed in the Personnel Director's memo dated October 24, 1991. Ayes - 5 - Nays - 0. HIRE SEASONAL EMPLOYEES REMOVE TRUCK PARKING 14625 HALLMARK DR. MOTION: of Humphrey, seconded by Erickson, making a determination that the request of Mark Ceminsky, 14625 Hallmark Drive, (Lot 13, Block 3, Carrollton Estates 2nd) to park a semi tractor at his residence is not a variance, but a commercial use and must.be removed within 90 days as described in the Community Development Director's memo dated October 23, 1991. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:10 p.m. to con- PUBLIC HEARING sider 1991 Special Assessment Rolls 300 to 309, for improvements; and ASSMT. ROLLS 310, for delinquent utilities; and noted receipt of the affidavit of publication of the hearing notices. Morton Lent, 2019 Utah Avenue South, St. Louis Park, was present and objected to assessment of delinquent utility charges on rental property he owns (Lots 11 and 12, Block 3, Academy Village). He said he was never informed of the delinquency or he would have done something about it. The tenants have since moved and he does not believe it is fair to assess the charges to the property. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1991 Page 4 The Mayor asked why water was left on so long and not shut off? Mr. Ballenger said the Academy Village quadhomes have only one outside shutoff for the four units. Ail the units would be penalized by having water shut off. In Mr. Lent's case, he was notified of the delinquency by certified mail and telephone in August of 1990. The Council received copies of information provided to Mr. Lent. Mr. Ballenger said Mr. Lent has not contacted the City for final bills when his tenants move. Currently, one of his tenants moved and the City was only notified because the new renter called and advised the City. Mr, Lent said he was only informed of past delinquencies after the bill was $545.00 and the tenant had moved out of state. He has never had a problem with tenants being delinquent with rent on his properties. Mr. Sheldon said the dispute is on fairness over who should pay for water used. Mr. Lent is a commercial enterprise, operating for 11 years, and has the responsibility to pay for water usage provided by the citizens of the City. The Mayor questioned why Mr. Lent would have had three delinquent tenants in his two units recently and other units did not have the same problem. Councilmember Erickson asked if the landlord doesn't require a deposit to cover these items? Councilmember Humphrey asked what the City's policy is on delinquent bills? Mr. Ballenger said, if there is a single shutoff, the water is turned off after six months. In this case, it could not be turned off. Councilmember Goodwin asked how long the bill was delinquent before the owner was notified? Mr. Ballenger said it was about 12 months because the Utility Department had been working with the tenant who made some partial payments and promised to pay. He is working with the City Attorney in preparing an ordinance to require that utilities only be billed to property owners, not renters. It should be completed by January 1st and prevent similar situations from happening. MOTION: of Humphrey, seconded by Goodwin, reducing the delinquent REDUCE LENT utility assessment on Lots 11 and 12, Block 3, Academy ASSESSMENT Village by 50 percent. Mr. Lent restated his objection, saying he was never notified of the delinquencies while they were accruing. He only received notice after they had accrued. Councilmember Goodwin said he concurs with the reduction because of the length of time before the landlord was notified. Vote was taken on the motion. Ayes ~ 3 - Nays - 2 (Holton and Sterling) Marvin Schumann, 8711 West 160th Street, was present and said he objects to Assessment Roll 304 being levied to his property because it does not benefit from the improvements. A letter dated October 24, 1991, stating the objection was received. He also questioned the Garden View Drive assessment, including storm sewer, on his property. Mr. Gordon said the storm sewer was done as part of the street construction. Mayor Holton asked if Mr. Schumann understood that this assessment is being levied with payment deferred for up to 15 years? Mr. Schumann said he did. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1991 Page 5 The Mayor asked for other questions or comments; there were none. He noted that letters of objection to Assessment Roll 310 were received from Jackson Sanford, 15948 Granada Avenue; Kathy Krause, 8765 Highwood Way; Joanie Ahrens, 13749 Heywood Court; and Lee Edwards, 8065 West 159th Street. The hearing was declared closed at 8:40 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-222 adopting 1991 Special Assessment Roils No. 300 through 309, originally totaling $1,460,029.00, with corrections on Rolls No. 300 and 301 for a corrected total of $1,460,057.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-223 adopting 1991 Special Assessment Roll No. 310, originally totaling $5,424.78, with prepayments of $250.78 and deletions of $23.50 on 15880 Griffon Path, $11.44 on 15948 Granada Avenue, $409.18 on 8356 West 144th Street and $56.18 on 8320 West 144th.Street, for a corrected total of $4,673.68. Ayes - 5 - Nays - 0. RES. 1991-222 ASSMT. ROLLS 300 TO 309 RES. 1991-223 ASSMT. 310 DEL. UTILITIES SOUTHPORT SIGN VARIANCE AND CODE MODIFICATIONS MOTION: of Humphrey, seconded by Goodwin, granting a variance to allow a maximum of three building signs, per tenant, applicable to buildings with three or more finished exterior walls with street exposure, on Lots 2, 3, 4 and 5, Block 1, Southport Centre, subject to preparation of a master sign plan for the property, as recommended by the Planning Commission; and directing Staff to prepare an ordinance amendment to allow additional signs on buildings with more than two "finished" exterior walls. Councilmember Sterling expressed concern that signs on all four sides of buildings could be confusing. Mr. Welsch showed the effects of the variance on building signage. Since the City Code and Downtown Design Standards now require buildings to have finished facades on all sides, the City Code needs to be modified to address signage on these buildings. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Sterling). Mr. Kelley reviewed the Planning Commission report on Valley Meadows VALLEY MEADOWS Replat, located east of Garden View Drive at Heywood Path. The put- REPLAT pose of the replat is to change the lots from an attached single family design to a row townhouse configuration. Lots 1 to 8 are not included and will be addressed separately in a future plan. The two duplex lots (25 and 26) are being deleted from the plat because of concern about adding driveway accesses on Garden View Drive. A revised plan, with two units, has been prepared for Lots 14 to 17, on the northeast corner of the site. It would require a setback variance from the north property line. There are also several internal setback variances necessary due to the site constraints imposed by two pipeline easements. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1991 Page 6 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-224 approving the preliminary plat of Valley Meadows Replat Addition, excluding Lots 1 to 8, 25 and 26, as recommended by the Planning Commission; approving two units on Lot 17 and a setback variance from the north property line; and directing preparation of a subdivision agreement. Ayes - 5 - Nays - 0. RES. 1991-224 VALLEY MEADOWS REPLAT ADDN. PRELIM. PLAT Bill Diedrich, the developer, was present and said the duplex units proposed on Lot 25 and 26 are similar to the twinhome on the lot adjacent to it and he would like to have them considered. Mayor Holton suggested that they be looked at along with the future plan for Lots 1 to 8. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-225 authorizing issuance of building permits for townhomes in Valley Meadows Replat Addition and attaching conditions thereto, as recommended by the Planning Commission, including allowing construction of model homes on Lots 4, 5 and 6 prior to final plat approval. Ayes - 5 - Nays - 0. RES. 1991-225 VALLEY MEADOWS REPLAT BLDG. PERMITS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-226 authorizing the transfer of duties of review of the property assessments from the Local Board of Review of the City to the Dakota County Board of Equalization effective January 1, 1992, pursuant to Minnesota Statutes Chapter 274. Ayes - 5 - Nays - 0. RES.1991-226 TRANSFER BOARD OF REVIEW TO COUNTY ORDINANCE 522 IMPOUNDMENT & DISPOSITION OF ANIMALS ORDINANCE 523 HOBBY KENNEL PERMITS MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 522 amending Chapter 5 of the City Code by adding new language regarding animal bites and rabies control; notice and disposition procedures for impounded untagged dogs; attack- ing and biting animals; granting City Council authority to order destruction or other disposition of certain animals and defines procedural requirements of the Council in such actions. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 523 amending Chapter 5 of the City Code by adding new language requiring permits for hobby kennels, in residential areas, for keeping more than three and not more than six adult dogs, each weighing less than twenty pounds, and prescribing standards therefor. Ayes - 5 - Nays - O. The Council received a memo dated October 18, 1991, concerning a ROAD UTILITY meeting with legislators set for 2:00 p.m. on October 29, 1991, at LEGISLATION Burnsville City Hall. Mr. Gretz said the purpose of the meeting is to support legislation which would allow cities Co establish a road (transporta- tion) utility similar to the storm sewer and street light utilities. He said he will be attending and encouraged Councilmembers to attend also. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 1991 Page 7 MOTION: of Goodwin, seconded by Humphrey, authorizing contracting with The Meeting Point Conference Center for the 1992 goal setting session on January 9 and 10, 1992, at a cost not to exceed $2,500.00 for 28 participants. Ayes - 5 - Nays - O. GOAL SETTING LOCATION CUB BUILDING SCREENING CUB SCREENING & PAINTING Mr. Kelley reviewed a proposal for screening the units on top of the Cub Foods building. It was recommended the screening wall be con- structed around a portion of the west and south sides and the rooftop mechanical units and vents be painted. MOTION: of Humphrey, seconded by Goodwin, approving the plan for screening the top of the Cub Foods building with construc- tion of a partial screening wall on the west and south sides and painting as recommended by Staff. Ayes - 5 - Nays - 0. The Council received recommendations for 1992 Legislative Policy from AMM POLICIES the standing committees and Board of Directors of the Association of Metropolitan Municipalities and asked for further discussion at an informal meeting. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, check register dated October 16, 1991, in the amount of $1,357,853.71; and check register dated October 23, 1991, in the amount of $1,490,750.29. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:10 o'clock p.m.