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HomeMy WebLinkAbout06/07/1990CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990. Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 7th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Asselanis, Personnel Director Boland, Police Captain Cook, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Fire Marshal Running 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 - 5 - Nays - 0. APPROVE AGENDA MAY 17TH & MAY 24TH, 1990 MINUTES MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of May 17th, 1990, as corrected on page 6 with date of July 1, 1991 on the excavation permit; and the regular meeting of May 24th, 1990, as written. Ayes - 4 - Nays - 0 (Savanick Abstained). Mayor Branning presented a "Good Neighbor" award to Paul Jacobs, MAYOR'S AWARD 7417 - 142nd Street Court, in appreciation for his action in reporting PAUL JACOBS a fire at the home of Keith and Kim Gilmore, 6685 West 133rd Street, on May 13, 1990. Mr. Jacobs was delivering newspapers and saw the fire by the light at the front door of their home. The Mayor commended him for his actions. MOTION: of Savanick, seconded by Holton, proclaiming June 14, 1990, to be "Flag Day" and urging citizens participate in the "Pause for the Pledge of Allegiance to the Flag" at 6:00 on that date. Ayes - 5 - Nays - 0. FLAG DAY PROCLAMATION AUDIENCE DISCN. CONSENT AGENDA Mayor Branning 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 Humphrey, seconded by Goodwin, removing hiring an account- ing technician to the regular agenda and approving all remaining items on the consent agenda except a resolution prohibiting parking and a resolution installing stop signs which were deleted from the agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-128 accepting the donation of a 1977 Cadillac from Ralph Brandt, 14728 Embry Path, for the Fire Department and thanking him for the donation. Ayes - 5 - Nays - 0. RES. 1990-128 FIRE DEPT. CAR DONATION CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990 Page 2 MOTION: of Humphrey, seconded by Goodwin, approving a temporary on- sale 3.2 beer license for Apple Valley American Legion Post 1776 on July 4, 1990, at Hayes Field. Ayes - 5 -Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving an Application for Exemption from Lawful Gambling License for Sons of American Legion Post 1776 for a raffle on July 4, 1990, and waiving the 30-day waiting period for Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a Joint Powers Agreement with Dakota County and Burnsville to conduct a Household Hazardous Waste Collection on June 23, 1990, at the Central Maintenance Facility and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of building permits for portable classrooms, as recommendad by the Planning Commission, as follows: Greenleaf Elementary - 2, Southview Elementary - 2, Cedar Park Elementary - 1, Highland Elementary - 1, Apple Valley High School ~ 1. Ayes 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving an excavation permit to fill a site for a garage for James Berg, at 12866 Galaxie Avenue, subject to compliance with City Code Section A1-55, payment of permit fees and completion of the project within 90 days. Ayes ~ 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-129 approving specifications for a seven-gang, all hydraulic, reel mower for Valleywood Golf Course and authorizing advertising for bids to be received at 2:00 p.m. on June 25, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-130 approving specifications for a four-wheel drive utility tractor with cab and mowers for the Street Department and authorizing advertising for bids to be received at 2:00 p.m. on June 25, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-131 approving plans and specifications for Project 90- 355, Lift Station No. 1 Renovation, and authorizing adverti- sing for bids to be received at 2:00 p.m. on July 6, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Ozmun-Pederson, Inc., for Valleywood Golf Course Screen Porch Addition, in the amount of an additional $450.00. Ayes - 5 - Nays - 0. LEGION BEER LICENSE JULY 4TH SONS OF LEGION RAFFLE EXEMPTION J.P. AGREEMENT HAZARDOUS WASTE COLLECTION DAY BLDG. PERMITS FOR PORTABLE CLASSROOMS BERG EXCAVATION PERMIT 12866 GALAXIE RES. 1990-129 TAKE BIDS GOLF COURSE MOWER RES. 1990-130 TAKE BIDS STREET TRACTOR RES. 1990-131 TAKE BIDS PROJ. 90-355 CHANGE ORDER 1 VALLEYWOOD PORCH CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990 Page 3 MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Fullerton Lumber Company for Project 89-340, Public Works Equipment Storage Buildings, in the amount of a $8,781.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Orders to the contract with McNamara Contracting Co. for Project 89- 321, Ring Route Construction, as follows: No. 1, add $30,000.00 for early completion incentive; and No. 2, add $20,400.00 for different trees. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with CECA Utilities, Inc., for Project 90- 346, Eagle Hills 3rd Improvements, in the amount of an additional $1,800.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Orders to the contract with McNamara Contracting Co. for Project 85- 225, Galaxie Avenue and 153rd Street, as follows: No. 4, deduct $36,230; No. 5, add $5,300; No. 6, add $34,155; and No. 7, deduct $13,050. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting the electrical work at Eastview Athletic Complex as final and authorizing final payment on the contract with Electric Service Company in the amount of $4,000.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing exercise of the option to purchase the First Federal Savings & Loan Property (part of Lot 1, Block 1, Apple Valley Commercial Addition) for $265,000, with closing as of December 31, 1990, as described in the City Attorney's memo dated June 4, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-132 appointing the Mayor and Community Development Director to act as representatives for the City regarding joint economic development promotion and activities in Dakota County. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-133 approving revised "Travel and Expense Reimbursement Policies" for the City and rescinding the previous document dated March 5, 1987. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-134 approving a "Drug-Free Workplace Policy" for the City in accordance with the Drug-Free Workplace Act of 1988. Ayes - 5 - Nays - 0. OHANGE ORDER 1 PROJ. 89-340 CHANGE ORDERS PROJ 89-321 CHANGE ORDER 1 PROJ. 90-346 CHANGE ORDERS PROJ. 85-225 FINAL PAYMENT EASTVIEW ELECTRICAL EXERCISE OPTION FIRST FEDERAL PROPERTY RES. 1990-132 JOINT ECONOMIC DEV. PROMOTION RES. 1990-133 REVISED REIMB. POLICIES RES. 1990-134 DRUG-FREE WORK- PLACE POLICY CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990 Page 4 MOTION: of Humphrey, seconded by Goodwin, approving hiring Julita G. Carlson for the fulltime position of Accounting Technician, in the Finance Department, replacing Cynthia Dinkins, effective June 11, 1990. Ayes - 5 - Nays - 0. HIRE CARLSON ACCT, TECH. MOTION: of Humphrey, seconded by Goodwin, approving hiring Jeffrey Reiten for the fulltime position of Mechanic, in accordance with the AFSCME contract, replacing Patrick Johnson, effective June 18, 1990. Ayes - 5 - Nays - 0. HIRE REITEN MECHANIC HIRE PARTTIME EMPLOYEES TEMPORARY PUBLIC WORKS SECRETARY MOTION: of Humphrey, seconded by Goodwin, approving hiring the various seasonal and parttime employees as listed in the Personnel Director's memo dated June 7, 1990. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, authorizing contracting with a temporary employment agency for a temporary secretary in the Public Works Department at a rats not to exceed $12.00 per hour. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Councilmember Holton questioned hiring two accounting technicians. Ms. Boland advised that the recommended hirings were replacements for the positions of Todd Nystedt and Cynthia Dinkins who were both leaving. MOTION: of Holton, seconded by Humphrey, approving hiring Mary Jo Machowicz for the fulltime position of Accounting Technician, in Utility Billing, replacing Todd Nystedt, effective June 11, 1990. Ayes - 5 - Nays - 0. HIRE MACHOWICZ ACCT. TECH. Mayor Branning reconvened the public hearing at 8:14 p.m. on official PUBLIC HEARING mapping of Granada Avenue, south of 138th Street, continued from May OFFICIAL MAPPING 24, 1990. Mr. Kelley said certificates of survey for the alignment GRANADA AVENUE of Granada Avenue, both north and south of 138th Street, have now been prepared. The alignment shown for 139th Street on the west side of Cedar matches the existing street on the east side. The County has indicated that the opening in the median will remain unless traffic becomes too hazardous at some future date. The access onto Cedar would, however, remain. The Council received a letter dated June 7, 1990, from Domestic Development and Vista Development objecting to the proposed street alignment, as well as the Comprehensive Plan amendment and rezoning proposed for the area south of 138th Street. Barbara Calistro was also present. The Mayor asked for other questions or comments. There were none and the hearing was closed at 8:17 p.m. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 487 amending the City's official map by approving the alignment of Granada Avenue, in the Southeast Quarter of Section 21, generally from 135th Street to 139th and Cedar, as shown on the certificates of survey. ORDINANCE 487 OFFICIALMAP GRANADA AVENUE CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990 Page 5 Frank Kleckner asked if the alignment north of 138th Street will require acquisition of four lots? Mr. Kelley said the duplex lots were forfeited to the State for nonpayment of taxes and the City previously requested Lots 7 and 8. This alignment would require Lots 5 and 6. The property not needed by the City for the street would be turned back to the State for resale. Barbara Calistro asked when the road would be built. Mr. Kelley said mapping the alignment does not mean building the road. When a development is proposed and platted involving this area, the road would be platted and built. Councilmember Goodwin asked about Domestic/Vista's comments that no other roads are needed in the area south of 138th Street. Mr. Kelley said the area is made up of small parcels and the City has a responsibility to ensure there is adequate traffic circulation. A question was asked about the need for access to Cedar at 139th Street. Mayor Branning said his conversations with the County Highway Department indicated there will not be a signal at 138th and Cedar. However, there is a potential for a future signal at 139th and Cedar because it is farther down the hill and the intersection has better visibility. Mrs. Calistro said she obj.ects to the road alignment shown. It does not leave her with enough developable property and the 139th/Cedar connection would be entirely on her property. She asked who would pay for the road? Mayor Branning said the developer platting the property would have to pay for the improvements. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Melena said Mrs. Calistro has retained a different attorney who DOMESTIC/VIST contacted him and asked that consideration of the rezoning and land CALISTRO LAND use issues be delayed. He advised this attorney that such a request USES & REZONI would probably not be honored. Mayor Branning said this has been under consideration for more than a year and a decision should not be delayed any longer. Mr. Kelley reviewed the Planning Commission report on the property at the northwest corner of Cedar and 140th Street. A new public hearing was held to consider single family uses on the west side of the Calistro property as directed by the Council on .April 26, 1990. The Planning Commission considered this alternative; however, at its June 6th, 1990, meeting, it reaffirmed its previous recommendation of February 21, 1990. The Council can consider either alternative since the appropriate hearings have been conducted. Mayor Branning asked if there are other areas in the City where multi-family zoning is next to single family? Mr. Kelley said one example is that Cedar Knolls is next Briar Oaks. Hidden Ponds/Woodside Estates is another area. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1990-135 amending the Land Use Map of the Comprehensive Plan, in the Southeast Quarter of Section 21, south of 138th Street, from "MD" to "MD" (on the east portion), "LD" abutting Timberwick 6th and "SF" abutting Timberwick 5th. RES. 1990-135 COMP. PLAN AM DOMESTIC/VIST CALISTRO CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990 Page 6 Mr. Kleckner said he objects to the changes. He believes a buffer area is needed between single and multi family uses. By designating another single family area, it moves the single family east with no-buffer. Mayor Branntng said he agrees with the Concept, but the Ttmberwick 5th single family already exists. Thoseresidents betieved the area to the east would also be single family. These changes will bring the Comprehensive Plan and zoning into conformance and prevent such problems in the future. Councilmember Humphrey agreed and said the changes are warranted based on existing conditions. Mrs. Calistro said she asked for a delay on the zoning because she is working with some people who are preparing plans for her property. Additional land is being taken for the 140th/Cedar intersection and she is concerned about how it can be developed. Mayor Branning said these actions do not preclude her from coming in with a plan, through the proper channels. Property owners have ths right to prepare plans and request rezonings. Whether the Council would be receptive to a rezoning depends on the plan presented. Councilmember Savanick asked if Mrs. Calistro's property will be assessed for the 140th and Cedar improvements? Mr. Gretz said no. Mr. Welsch reviewed the turn lane and signal improvements being done. Councilmember Coodwin noted that the Council probably agrees with the Planning Commission 95 percent of the time. The Council ultimately has to make the decision and, based on existing conditions, he agrees with the amendments. He asked what Mrs. Calistro might have in mind for her property. Mrs. Calistro said a quadhome proposal is being discussed. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 488 rezoning unplatted property in the Southeast Quarter of Section 21, south of 138th Street, from RCL and R-1 to M-6B, on the east side; R-5, abutting Timberwick 6th; and R-3, abutting Timberwick 5th. Ayes - 5 - Nays - O. ORDINANCE 488 REZONE DOMESTIC/ VISTA/CALISTRO PROPERTIES Mr. Welsch reviewed his memo dated June 7, 1990, concerning the TARGET SIGN Target/Greatland freestanding sign variance. The Planning Commission VARIANCE REOUEST recommended denial of the two 41-foot high signs. Donald Laukka and Michael Plautz, representing Target, were present and explained the concepts of the sign design. They have revised the design and could use a 28-foot high sign on County Road 42 with the larger, 36~foot high, sign on Cedar Avenue. Both of these would have an approximate four-foot high architectural treatment on the top. Mayor Branning said the sign relationship to the size of the building is valid; however, the signs would not be next to the building, but next to streets. If freestanding signs on the site were limited to these two and the three pads designated, he could accept both signs at 28 feet high. Councilmember Goodwin said he would be concerned about the precedent that a 36-foot high sign would set on Cedar Avenue, but could agree with 28 feet. CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990 Page 7 Mayor Branning asked if the Apple Valley logo might be incorporated into the signs? Mr. Sheldon said he is pursuing registering the logo as a trademark for the City and the Council may not want to allow it on such signs. MOTION: of Savanick, seconded by Goodwin, granting a variance to Target/Greatland to allow two 28-foot high freestanding signs, with additional four-foot high top treatments, for Southport Centre, one on Cedar Avenue and one on County Road 42, subject to landscaping around the signs to be determined by Target and City Staff. Ayes - 5 - Nays - 0. TARGET/SOUTH- PORT SIGN VARIANCES Mr. Welsch reviewed the report on a variance for a non-conforming VARIANCE 8635 porch addition at 8635 - 143rd Street Court. The addition was con- 143RD ST. CT. structed without a variance and extends into the drainage easement. There is also some question about the structural integrity of the addition. MOTION: of Holton, seconded by Humphrey, granting a sideyard setback variance for a porch constructed to within three feet six inches of the side lot line on Lot 11, Block 2, Forest Park Estates 4th Addition, subject to: the structure being brought into conformance with the building code by August 31, 1990; property owner filing an indemnification with the City for construction into the easement; and payment of involved legal and recording fees. SETBACK VARIANCE CONDITIONS 8635 - 143RD Kathleen Rasmussen, the property owner, was present and said they would comply with the conditions of the variance. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 489 adding a new Section 10-8 to the City Code prohibiting fires or barbecues on balconies or patios in multi-family dwellings effective October 1, 1990. ORDINANCE 489 NO GRILLS ON APT. BALCONIES Fire Marshal Running said the delay in the effective date of the ordinance will allow time to adequately publicize the ordinance. It will also allow apartments to make other arrangements for grills or provide areas for grilling. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing proceeding with implementation of providing janitorial services for City buildings with parttime maintenance workers, as described in the Personnel Directorts memo dated June 1, 1990, and can- celling the contract with Fidelity Services, Inc. JANITORIAL SER- VICES VIA PART- TIME EMPLOYEES Councilmember Holton said he believes the service should continue to be done by private contractor and this should be considered as a temporary measure only. Vote was taken on the motion. Ayes - 4 - Nays ~ 1 (Holton). CITY OF APPLE VALLEY Dakota County, Minnesota June 7, 1990 Page 8 The meeting was recessed at 10:30 p.m. while the Council conducted an Economic Development Authority meeting. The Council meeting reconvened at 10:35 p.m. EDA MEETING The Council received a memo dated May 30, 1990, from Ken Brackee in response to a letter dated May 23, 1990, from the Builders Association of Minnesota. He responded to issues raised about the tree preservation ordinance and its implementation. TREE PRESERVATN. ORDINANCE The Council received a copy of "Liquor Tid~Bits" dated June 5, 1990. LIQUOR SALES Mr. Melena reviewed the sales statistics of both Liquor Stores and REPORT noted that though Store No. l's sales are better than expected, Store No. 2 is not doing as well. Overall the stores should meet the annual goal. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 76863 through 76951, 76953 through 76970 and 76979 through 77138, in the total amount of $2,747,461.17. Ayes - 5 - Nays - 0. CLAIMS & BILI,S RES. 1990-1.36 ERICKSON "THANK YOU!' MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1990-136 expressing appreciation and thanks to Randy Erickson, reporter for the Dakota County Tribune/This Week News, who is leaving the newspaper. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 5 ~ Nays - O~ The meeting was adjourned at 11:05 o'clock p.m.