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.