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HomeMy WebLinkAbout05/24/1990CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 24th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Humphrey. ABSENT: Councilmember Savanick. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, Administrative Intern Asselanis, Personnel Director Boland, City Engineer Gordon, Public Works Director Gretz, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. 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 Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Police Chief Rivers reviewed his memo dated May 17, 1990, concerning YELLOW RIBBON Project Lifesaver 1990. The purpose of the campaign is to remind PROJ. LIFESAVER drivers to be especially cautious during the Memorial Day Weekend. Yellow ribbons are available, free, at the Police Department for drivers and he distributed ribbons to the Council and audience. Mayor Branning asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Sheila HISDAHL RING Hisdahl, 815 Fireside Drive, asked if boulevard trees being removed ROUTE TREES for Ring Route construction on Pennock can be moved to backyards. Mr. Gretz said if trees on the City's right-of-way have to be moved, they can be put where a homeowner wants them. Trees on private property will not be moved. Ms. Hisdahl said a tree was moved for a City employee who lives along Pennock. Mr. Gretz said he would find out the circumstances and advise her. Ms. Hisdahl questioned an article in the City newsletter concerning prohibiting car washing in driveways as a method of reducing lake pollution and asked where cars could be washed. Mr. Melena said this is part of an ordinance being discussed by the Urban Affairs Committee which would affect lakeshore property; not the entire City. However, comments such as this are good input for their discussion and he would pass the information along to them. MOTION: of Holton, seconded by Goodwin, moving Biewald First Addition plat approval to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA RES. 1990-119 AWARD CONTRACT DASHER BOARD SYS CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 119 awarding the contract for a Steel Frame Dasher Board System at the Sports Arena to Holmsten Ice Rinks, Inc, the low bidder, in the total amount of $92,840.00 including Alternates A and B. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1990 Page 2 MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1990- 120 awarding a contract for Project 90-346, Eagle Hills 3rd Utility and Street Improvements, to CECA Utilities, the low bidder, in the amount of $123,041.85. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 121 awarding a contract for Project 89-341, Hearthstone Utility and Street Improvements, to CECA Utilities, the low bidder, in the amount of $221,007.85. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving an application for a one-day off-site gambling event by Apple Valley American Legion Post 1776 Auxiliary to conduct bingo at Hayes Field on July 4, 1990, and waiving the 60-day waiting for Minnesota Gambling Board Approval. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a setback variance to allow a replacement sign to be located nine feet from the right-of-way of 147th Street on Lot 1, Block 1, Apple Valley Office Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a setback variance to allow construction of a porch addition to within 26 feet of the rear lot line on Lot 13, Block 1, Salem Woods (7190 131st Circle) as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, appointing John Gretz as the City's delegate to select a Commissioner for the Vermillion Watershed Management Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 122 approving plans and specifications for Project 89-331, White Oak Ridge Utility and Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 21, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 123 receiving the preliminary engineering report on Project 90-354, SuperAmerica Streetscape Improvements, and setting a public hearing on it at 8:00 p.m. on June 28, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 3 to the contract with McNamara Contracting for Project 90-343, 1990 Street Maintenance, in the amount of a $2,832.50 deduction. Ayes - 4 - Nays - 0. RES. 1990.-.] 20 AWARD CONTRACT PRO J, 90 3466 RES. 1990..121 AWARD CONTRACT PROJ. 89 341 LEGION AUXILIARI' 4TH OF JULY BINGO PERMIT SIGN VARIANCE A.V. PROF BLDG SETBACK VARAIANCE 7190 - 131ST CIR GRETZ VERMILLION WMO DELEGATE RES. 1990-122 TAKE BIDS PROJ. 89-331 RES. 1990-].23 SET HEARING PROJ. 90-354 CHANGE ORDER 3 PROJ. 90-343 CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1990 Page 3 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 124 establishing a temporary no parking zone on the south side of 132nd Street along the rear lot line of 6945 - 133rd Court for the period May 25 through June 18, 1990. Ayes - 4 - Nays - 0. RES. 1990-124 TEMPORARY NO PARKING 132ND ST SUBDIVISION BOND REDUCTIONS STATUS REPORT 13636 ELKWOOD DR ANDERSON PARENTAL LEAVE HIRE PARTTIME EMPLOYEES AUSTING BUILDING INSP. AGREEMENT MOTION: of Holton, seconded by Goodwin, approving reduction of subdivision financial guarantees as follows: Huntington 3rd from $230,786.50 to $57,236.50; Huntington 4th from $300,040.00 to $72,073.00; and Acorn Hill from $2,456.00 to zero. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving the memo dated May 18, 1990, from the City Attorney concerning a status report on hazardous building demolition at 13636 Elkwood Drive. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a parental leave of absence for Beverly Anderson from approximately August 2 through November 28, 1990. Ayes - 4 ~ NayS - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the various seasonal and parttime employees as listed in the Personnel Directors memo dated May 24, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving an Agreement for Independent Contractor Services with Brian J. Austing for building inspection services and authorizing execution of the same. Ayes - 4 - Nays - O. END OF CONSENT AGENDA Mr. Kelley said when the preliminary plat for Biewald Addition was BIEWALD PLAT approved, on September 22, 1988, it provided a 75-foot half right-of- CEDAR AVENUE way for Cedar Avenue, as the County required. The County Plat RIGHT-OF-WAY Committee is now asking for a 100-foot half right-of-way. The road is already constructed within the right-of-way and he recommends asking for a variance from the County as was done for the Southport Centre plat. MOTION: of Humphrey, seconded by Coodwin, adopting Resolution No. 1990-125 approving the final plat and subdivision agreement for Biewald First Addition and authorizing the Mayor and Clerk to sign the same and requesting a variance from the Dakota County Plat Committee to allow a 75-foot half right- of-way for Cedar Avenue on the plat. RES. 1990-125 FINAL PLAT & VARIANCE REQUEST BIEWALD 1ST ADDN Mayor Branning asked Staff to find out why the County is requesting a wider right-of-way and where it will be needed. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1990 Page 4 Mayor Branning called the public hearing to order at 8:15 p.m. on of- PUBLIC HEARING ficial mapping of Granada Avenue between 138th and 140th Streets and MAPPING GRANADA noted receipt of the affidavit of publication of the hearing notice. 138TH TO 140TH Mr. Kelley reviewed his memo dated May 24, 1990, and the location of the proposed alignment which would connect to Cedar Avenue at the 139th Street alignment. He noted that the connection to 139th Street would be entirely on Mrs. Calistro's property in order to align with 139th Street on the east side of Cedar. The survey of the alignment has not been completed so the Council could not take action at this meeting. A question was asked if the connection to 140th Street or cul de sac is part of the mapping. Mr. Kelley said it is not included; the only part being mapped is a connection at 138th Street curving to connect to Cedar at 139th Street. Annemarie Stuebe, 13980 Granada Court, asked about the plan, shown a few weeks ago, with the cul de sac separating single family and multiple areas. Mr. Kelley said that was prepared to show land uses and how an internal road could work. The Calistro property is two separate parcels and each could be zoned a different use. Councilmember Holton said he would favor mapping the road going south to 140th Street. Mayor Branning said there are too many unknowns as to a 140th Street connection or cul de sac. The connection to Cedar can be designated and the rezoning completed. Whenever the property develops, a plan would have to be prepared within those parameters for consideration. Councilmember Goodwin said some type of internal road will be necessary in order to develop the property, but a connection to 140th Street would be too hazardous and would not change the traffic on Pennock. Mrs. Stuebe asked if left turns will be allowed at 139th and Cedar? Mayor Branning said there is a cut in the median now which would permit turns. There being no further questions, the hearing was continued to June 7, 1990, at 8:00 p.m. MOTION: of Holton, seconded by Goodwin, authorizing application for title to the tax forfeit property described as Lots 5 and 6, Block 7, The Oaks of Apple Valley II, for roadway purposes as recommended in Mr. Kelley's memo dated May 24, 1990. Ayes - 4 - Nays - O. ACQUIRE LOTS 5 & 6, BLK7. OAKS OF A.V. II Mayor Branning called the public hearing to order at 8:28 p.m. to PUBLIC HEARING consider vacating easements on Lots 5 and 6, Block 1, Beckman's First VACATE EASEMENTS Addition, and noted receipt of the affidavit of publication of the BECKMAN'S FIRST hearing notice. Mr. Kelley said these two lots are being replatted as Beckman's Second Addition. The existing easements are no longer appropriate and new easements will be provided with the new plat. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 8:30 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1990 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 126 completing vacation of all easements on Lots 5 and 6, Block 1, Beckman's First Addition, and directing the City Clerk to file the Notice of Completion with Dakota County. Ayes - 4 - Nays - 0. RES. 1990-126 COMPLETE VACTN. BECKMAN'S FIRST Mr. Welsch reviewed his memo dated May 21, 1990, concerning design TARGET-GREATLAND of a permanent sign proposed by Target-Greatland. The 15-foot by MONUMENT SIGN 24-foot sign described in his memo would meet the sign ordinance. They are now proposing a 41-foot high sign. There will also be a 12-foot by 48- foot sign on the building. A variance request will be coming in for the June 7th meeting. He showed photos with such a sign in comparison to existing signs. The clock tower planned on the Phase II building is 30 to 32 feet high. The Council discussed various options under which large signs might be allowed, such as correlating them to the size of the building. Mayor Branning suggested the "apples" from the City logo be incorporated into the sign. Mr. Melena noted that Southdale Shopping Center is a massive building, but it does not have pylon signs. Mr. Welsch said he will draft an amendment to the sign ordinance for the Council to review at its informal meeting on May 31, 1990. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-127 amending the Comprehensive Plan Land Use designation from "MD" to "MD" and "LD" on the unplatted Coady property, in Section 22, locatod east of Cedar Avenue, between T.H. 77 and 132nd Street, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1990-127 COADY PROPERTY COMP. PLAN AMENDMENT ORDINAMCE 485 REZONE COADY SOUTH PROPERTY ORDINANCE 486 AMEND FIRE DEPT. REGULATIONS MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 485 rezoning the unplatted Coady property, in Section 22, located east of Cedar Avenue, between T.H. 77 and 132nd Street, from "R-i" to "M-4A" and "M-3A" as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 486 amending City Code Sections 10-13 and 10-14 by deleting obsolete and incompatible provisions related to the organi- zation of the Fire Department and receiving the revised Fire Department Rules and Regulations approved by the Department on February 11, 1990. Ayes - 4 - Nays - 0. Mr. Welsch advised the Council that revisions to the Gravel E.I.S., GRAVEL STATUS as directed, are being prepared by Fischer's consultants. They are REPORT reviewing the items on which revisions were requested and putting a price tag on the cost of doing each revision. He met with them on May 21st and they or~]iminarily broached the subject of the City participating in the cost of providing the additional storm water information. The Council asked for further discussion at its informal meeting on May 31, 1990. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1990 Page 6 Mr. Welsch advised that on May 18th the Mayor, Councilmember Holton, Mr. Fischer, Mr. Duffy and he met to discuss excavation at the north edge of the Shakopee mining site north of 140th Street. The excavation had not encroached on other property at that time. Fischer should be completing excavations there in three to four months and will find a better way to notify adjacent property owners of what is happening. MOTION: of Holton, seconded by Goodwin, setting an informal City SET INFORMAL Council meeting at 6:00 p.m. on May 31, 1990, at City Hall. MEETING Ayes - 4 ~ Nays - 0. Mr. Melena said he received a request from the County Administrator COUNTY PROJECTS to meet with Staff on various concerns including rights-of-way for UPDATE Galaxie Avenue and County Road 38, soil replacement on the Government Center site and the Cityts siren location. The County was reminded that they need right-of-way from the City for County Road 31 and the right-of-way is no longer an issue. The siren will be moved to the southeast corner of Galaxie and County Road 42. They are still making arrangements to replace the fill at the Government Center site. Mayor Branning said the Park Director and he will be meeting at the Government Center site on May 25, 1990, for further discussion on the atrium interior design. MOTION: of Holton, seconded by Hnmphrey, to pay the claims and bills, checks numbered 69756 and 76695 through 76853, in the total amount of $1,906,977.41. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 4 - Nays - O. The meeting was adjourned at 9:17 o'clock p.m.