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HomeMy WebLinkAbout06/28/1990CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, hold June 28th, 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, Planning Intern Brinkhaus, Recreation Specialist Fowler, Public Works Director Gretz, Associate Planner Hickok, City Planner Kelley, Police Chief Rivers and Assistant to Administrator Weldon. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance tookpart in the pledge of allogiance to the flag. MOTION: of Savanick, seconded by Holton, approving the agenda for APPROVE AGENDA tonight's mooting as amended. Ayes ~ 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the minutes of JUNE 7TH, 1990 the regular meeting of. June 7th, 1990, as writton. Ayes - 5 MINUTES - Nays - 0. Patty Fowlor, City liaison to the 4th of July Committee, thanked the 4TH OF JULY Council and other City Departments for assistance and support in pre- HIGHLIGHTS parations for the 4th of July celebration. Margaret Paton, Co-Chair of the Committee, distributed brochures and reviewed activities planned for the day including the parade at 1:00 p.m. and fireworks at dusk. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1990-137 proclaiming July 4th, 1990, as the 24th Annual Apple Valley 4th of July Celebration and encouraging the citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. RES. 1990-137 PROCLAIM 24TH ANNUAL JULY 4TH Senator Pat Pariseau was present to recount some of the issues dealt SEN. PARISEAU with by the Legislature during the past session. She also provided LEG. REPORT copies of her recent newsletter which outlined the information. Senator Pariseau encouraged the Council and residents to contact her at any time with their concerns. 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. Dan Quinn, NUISANCE COND. 13144 Findlay Avenue, said he wished to express displeasure with a 13162 FINDLAY lack of code enforcement on nuisance violations of the property next door; the Packer house, at 13162 Findlay. He believes surrounding homes are now difficult to sell because the condition of this house is downgrading the neighborhood. He is also concerned that the situation will return to the same status as last year before the County and City stepped in. He said he would retain legal counsel to force action if necessary. Mayor Branning said he had received some reports on the property and asked Staff to look into the matter further. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Page 2 MOTION: of Holton, seconded by Humphrey, removing a resolution installing stop signs from the agenda, adding hiring two additional parttime employees and approving all remaining items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded.by Humphrey, granting a permit to the Apple Valley Parks & Recreation Department and Americana Fireworks Company to provide a fireworks display on July 4, 1990, at Eastview Athletic Complex. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, authorizing a helicopter landing site at Apple Valley High School on July 4, 1990, for Senator Boschwitz as described in the Police Chief's memo dated June 25, 1990. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing expenditure of $250.00 to the Dakota County Historical Society for 50 copies of its "Over the Years" publication on the City. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a party permit to Roger Nickerson, U.S. Immigration and Naturalization Service, for a company picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on August 25, 1990, only. Ayes - 4 - Nays ~ 0. MOTION: of Holton, seconded by Humphrey, granting frontyard setback variances on Lots 1 and 2, Block 1, Hyland Pointe Shores, to allow construction of houses to within 20 feet of the property line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990~138 approving the final plat and subdivision agreement for SA Addition (SuperAmerica) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-139 granting a temporary waiver of platting, for property to be platted as Pennock Fourth Addition, to allow title to the property to be transferred on a metes and bounds description basis. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-140 approving the final plat and subdivision agreement for Pennock Fourth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CONSENT AGENDA 4TH OF JULY FIREWORKS BOSCHWITZ HELI- COPTER JULY 4TH HIST. SOCIETY MAGAZINE ALIMAGNET PARTY PERMIT U.S. IMG, FRONT VARIANCES LOTS 1 & 2, BLK 2, HYLAND POINTE RES. 1990-138 FINAL PLAT SA ADDITION RES. 1990-139 PENNOCK 4TH PLAT WAIVER RES. 1990-140 FINAL PLAT PENNOGK 4TH CITY OF APPLE VALLEY Dakota County, Minnesota Oune 28, 1990 Page 3 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-141 prohibiting parking on both sides of Galaxie Avenue between 140th Street and Fordham Avenue in accordance with Municipal State Aid Street Standards. Ayes - 5 - Nays - O. RES. 1990-141 NO PARKING ON GALAXIE RES. 1990-142 AWARD CONTRACT PROJ. 89-332 RES 1990~143 AWARD CONTRACT PROJ. 90-350 RES 1990-144 AWARD PURCHASE STREET TRACTOR MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-142 awarding the contract for Project 89-332, South Farquar Lake Area Utility and Street Improvements, to Fredrickson Excavating, the low bidder, in the amount of $432,650.10. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-143 awarding the contract for Project 90-350, Falcon Ridge Trail Utility and Street Improvements, to McNamara Contracting Go., Inc., the low bidder, in the amount of $105,345.00. Ayes - 5 -Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-144 awarding the purchase of a 4-Wheel Drive Tractor with Cab and Mowers for the Street Department, to Carlson Tractor & Equipment, the low bidder, in the amount of $34,652.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. RES. 1990-145 1990-145 awarding the purchase of an All-Hydraulic Reel Mower AWARD PURCHASE for Valleywood Golf Course, to M.T.I. Distributing, the low GOLF MowER bidder, in the total amount of $30,291.00, comprised of the base bid of $24,890.00, thatching reels for $4,950.00 and rollover protection for $451.00 . Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. RES. 1990-146 1990-146 awarding the contract for Project 89-331, White Oak AWARD CONTRACT Ridge Utility and Street Improvements, to Fredrickson PROJ. 89-331 Excavating, the low bidder, in the amount of $326,427.60. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 1 to the contract with E. H. Renner & Sons, Inc., for Project 90-348, Well Pumps Nos. 1 and 2 Repair, in the amount of an additional $2,880.00. Ayes - 5 - Nays - 0. CHANGE ORDER 1 PROJ. 90-348 CHANGE ORDER 7 PROJ. 85-236 CHANGE ORDER 5 PROJ. 88-313 MOTION: of Holton, seconded by Humphrey, approving Change Order No. 7 to the contract with Lovering Associates, Inc., for Project 85-236, Water Treatment Facility, in the amount of a $1,250.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 5 to the contract with CECA Utilities, Inc., for Project 88- 313, Rolling Ridge/East Valley Plaza 2nd Streets, in the amount of an additional $12,578.99. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Page 4 MOTION: of Holton, seconded by Humphrey, approving Change Order No. 2 to the contract with Ozmun-Pederson, Inc., for Vallcywood Golf Course Screen Porch Addition, in the amount of an additional $2,381.00. Ayes - 5 - Nays - O. CHANGE ORDER 2 VALLEYWOOD PORCH MOTION: of Holton, seconded by Humphrey, authorizing the sale of the old outdoor warning sirens, and associated equipment, to the City of LaCrescent for $6,000.00 as described in its letter dated June 6, 1990. Ayes - 5 - Nays - 0. SALE OF OLD WARNING SIRENS HIRE PARTTIME EMPLOYEES TEMPORARY POLICE CSO POSITION MOTION: of Holton, seconded by Humphrey, approving hiring the various seasonal and parttime employees as listed in the Personnel Director's memo and addendum dated June 28, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the job descrip- tion and temporary position of Community Service Officer in the Police Department as described in the Personnel Director's memo dated June 21, 1990. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Councilmember Holton said he was concerned with the recommendation to STOP SIGN replace certain yield signs with stop signs and whether stopping side DISCUSSION street traffic onto some of the streets would increase speeds. Mayor Branning suggested the Council have further discussion on this at an informal meeting. The Council received a memo dated June 13, 1990, from the Ambulance 1991 ALF Director concerning a restructuring proposal for the 1991 ALF BUDGET Ambulance budget. Councilmember Holton said the City of Lakeville's recommendation, to set up an equipment reserve, is being implemented in the 1991 budget. No action is needed at this time and final copies of the ALF budget will be submitted to each of the cities for approval. Mayor Branning called the public hearing to order at 8:30 p.m. on PUBLIC HEARING Project 90-354, SuperAmerica Streetscape Improvements, and noted re- PROJ. 90-354 ceipt of the affidavit of publication of the hearing notice. Mr. SUPERAMERIGA Gordon reviewed the preliminary engineering report and noted that the streetscape plan is in accordance with the modified plan for non-ring route streets in the downtown with sidewalk, boulevard trees and street lights. The entire cost will be assessed to thc SuperAmerica property. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:32 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-147 ordering installation of Project 90-354, Super- America Streetscape Improvements. Ayes - 5 - Nays - 0. RES. 1990-147 ORDER PROJECT CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Page 5 MOTION: of Savanick, seconded by Holton, adopting Resolution No. RES. 1990-148 1990-148 directing the engineerto prepare plans and PLANS & SPECS. specifications for Project 90-354, SuperAmerica Streetscape PROJ. 90-354 Improvements. Ayes - 5 - Nays - 0. Mike Odell, architect for SuperAmerica, was present and said he will be reviewing the streetscape plan and attempting to design a compatible building facade. Mr. Kelley reviewed the Planning Commission report on a proposed HESLI REPLAT preliminary plat to subdivide Lots 6 and 7, Block 1, Farquar Lake FARQUAR LAKE Addition, into three lots. There are two homes on the property now; one of which is on a lot line. The initial proposal included a rezoning, from R-1 to R-3 (both of which are acceptable under the "SF" Comprehensive Plan designation). The plat has been revised to create three lots, more similar in size, and a variance to the lot size is requested rather than a rezoning. A petition, dated June 22, 1990, from neighbors expressing opposition to the plat was received today. MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Hesli Addition (replat of Lots 6 and 7, Block 1, Farquar Lake Addition) and granting variances of 6,000 square feet for the area of Lot 1 and 45 feet for the width of Lot 3, subject to all three lots connecting to City utilities when available, as recommended by the Planning Commission. HESLI REPLAT PRELIMINARY PLAT & VARIANCES Councilmember Humphrey said he has always been opposed to subdividing existing platted lots. Neighbors should be able to expect the nature of a residential area to stay as it was when they bought their properties. He understands the need to correct lot lines in this situation, but he has not had an opportunity to drive by and look at the property and Would like to do so before making a decision. Councilmembers Holton and Savanick also stated they did not believe another lot should be created in an existing subdivision. Councilmember Goodwin asked what size the other lots in Farquar Lake Addition are? Mr. Kelley said there are 25 lots ranging from 14,000 to over 200,000 square feet. Two replats have previously been filed in the subdivision. Mayor Branning said, when the area was originally platted, it was not under the same standards as there are now. Some very large lots were bought as an investment with the intention of being subdivided. Utilities are being installed now, the area meets the requirements for R-3 zoning and the subdivision ordinance allows for replatting lots. Jerry Kistner, 4885 Dominica Way, commented on some of the different sized lots and said some of the smaller lots are owned by property owners across the street. Mr. Kelley noted that they are separate platted lots and can be sold. Jon Dahlin, 4899 Dominica Way, said he bought his house because he wanted to be in a large lot area. Increasing density along the lake is not desirable and more CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Page 6 houses will increase traffic. He said the City should take some responsibility for allowing the existing house to be built on the lot line. Mr. Melena asked when the house was built? Mr. Hesli said it was built in the late 1960's and it was added to in 1970 or 1971. He said he has no objection to the Council delaying action to look at the property. Bill Rabe, 4877 Dominica Way, said he is opposed to granting the lot size variance and to any rezoning. MOTION: of Holton, seconded by Savanick, tabling consideration of the Hesli preliminary plat and variances until July 12, 1990. Ayes - 5 - Nays - 0. TABLE HESLI PLAT & VARIANCES APPLE VALLEY RETAIL ADDITION PRELIMINARY PLAT MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of Apple Valley Retail Addition for two commercial lots, south of 153rd Street and east of Cedar Avenue, as recom- mended by the Planning Commission, and directing preparation of a subdivision agreement. Mayor Branning noted that generally a site plan accompanies a preliminary plat and this is an exception. Mr. Kelley said because timing is critical for the project, the site plan is now proceeding before the Planning Commission. Mr. Melena said Ryan Construction is committed to building a grocery store on Lot 1. They are intending to use the same brick as the Target store and final design depends on the size of the building. While this is unusual, it should not be considered a precedent. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Savanick, directing the City Engineer to prepare a preliminary feasibility report for Apple Valley Retail Addition utility and street improvements. Ayes - 5 ~ Nays - 0. A.V. RETAIL PRELIM. REPORT The Council received Mr. Hickok's memo dated June 22, 1990, concerning HALLWOOD HIGH- mowing the Hallwood Highlands property. Mr. Hickok advised the LANDS WEED Council on follow-up inspections at the property at 13162 Findlay, MOWING/SPRAYING as was mentioned by Mr. Quinn at the beginning of the meeting. He said the neighbors have been very critical of the property. Inspections were made in winter and again in May and improvements were progressing. However, seeding must be done before May 15th or after August 15th and that is now being delayed. Mr. Hickok reviewed current code enforcement activities. Last year cars and weeds were the major causes of complaints. The program was restructured this year and the City was divided into districts for inspection purposes. Code violation con- cerns are being addressed, district by district, systematically, rather than waiting for complaints. There have been a total of 452 cases to date and 153 were unmowed weeds. The property owners were notified and voluntarily complied; only five citations were issued this year. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Page 7 Russell Hall, the Hallwood Highlands developer, was notified of unmowed weeds and asked to maintain the platted lots. Mr. Hickok showed pictures of vegetation growing on some of the lots. Russell Hall, 13460 Pennock, was present and gave the Council copies of the letter he received June 8, 1900, from Mr. Hickok. He said compliance involves more than mowing or spraying the vegetation. Unless the long grass is raked up, it will kill the grass underneath. Most of the 23 lots have disturbed soil from fill, etc., and if there is no vegetation, the soil will erode. He has now been notified that a citation will be issued July 9, 1990, unless there is compliance. Mr. Melena said it should be noted that compliance means the wooded areas and hills can be left natural and do not have to be mowed. Councilmember Humphrey said he was concerned that code enforcement would become proactive. It was always handled in a reactive approach; that is, on a compliant basis. Philosophically, he does not agree with proactive enforcement. Mr. Melena noted that the enforcement results from a ].990 goal setting policy statement. It was since revised to affect outside maintenance only. Mayor Branning said code enforcement issues began with concerns about "domestic maintenance" such as cars and other items stored around houses. Howeuer, if he lived next to some undeveloped lots with heavy weeds for five years, as this development has been going, he would not appreciate it. It is incumbent upon developers to start maintaining vacant lots in the City. He asked what the cost estimates were for mowing the lots? Mr. Hall said he had not gotten any estimates. Councilmember Goodwin said if the Council has a problem with the ordinance it should be changed.' If it is going to be kept on the books, it should be enforced. Councilmembers Holton and Savanick suggested that the ordinance may need to be amended to be more reasonable; such as, requiring mowing within 100 feet of occupied lots rather than 300 feet or different standards for unoccupied and occupied lots. They asked for further discussion at an informal meeting. Councilmember Savanick also asked for information on what other developers have been sent notices and complied. MOTION: of Savanick, seconded by Goodwin, extending the date on which a citation will be issued for growth of vegetation in excess of 12 inches on Hallwood Highlands unoccupied lots from July 9th to August 9th, 1990. Ayes - 5 - Nays - O. EXTEND HALL CITATION DATE CELLULAR ONE PALOMINO SITE PROPOSAL Mr. Melena said he had been contacted by representatives of Cellular One who are interested in locating a mobile telephone site on the Palomino Water Reservoir property. They would like an indication of the Council's opinion before proceeding with further discussion and lease negotiations. Warren Dulap, of Cellular One, and Dave Kelly, the architect, were present and described their equipment including a 150-foot high mono-pole antenna and an CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Page 8 approximately 400 square foot building. The building would be brick, connected to Midwest Relay's existing building and provide a room for the City's electrical equipment. Three potential sketches of the building were shown. They would provide a paved service road to the site. An independent evaluation of the radio signals would be done to make sure there is no interference. Mayor Branning said he would like more information as to the proposed lease and what the neighbors would think of another antenna at the site before continuing with negotiations. MOTION: of Goodwin, seconded by Holton, authorizing Staff to proceed to negotiate with Cellular One for lease of the Palomino Water Reservoir site to locate a mono-pole and brick building (sketch 2) for mobile telecommunications equipment. Ayes - 4 - Nays - 1 (Branning). CELLULAR ONE PALOMINO SITE NEGOTIATIONS RES. 1990-149 SKIPPER'S NON- CONFORMING USE MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-149 finding that the pre-existing use for a restaurant operation, at 15000 Glazier Avenue, is non-conforming with current zoning regulations and that such use was discontinued on or about December 31, 1989, and the right to reestablish such use ceases effective July t, 1990. Mayor Branning said he doesn't believe the ordinance language is restrictive enough to define a class I restaurant and would like to see further refinement. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Council received the Apple Valley Firefighters' Relief Association FIRE RELIEF Actuarial Valuation and Benefit Study as of January 1, 1990, prepared ACTUARIAL STUDY by the Wyatt Company, and directed it placed on file. Dave Ganfield, President of the Relief Association, distributed additional information on the cost of increasing the benefit level to $16.00 per month, per year of service. It was set at its current level of $11.00 per month in 1986. A new plan for spouse and dependent children's benefits is also proposed. Their pension would be automatically increased when firefighter's benefits are increased rather than requiring separate action to periodically adjust the fixed level as is now provided in the bylaws. The Council agreed to consider the pension increase further at its July 12, 1990, meeting. Mr. Gretz said he had been contacted about a drainage problem involv- HUNTINGTON ing Lot 5, Block 2, Huntington. It concerns lots at 12572, 12580 DRAINAGE MATTER and 12590 Driftwood Way. The property owner at 12590 Driftwood be- lieves construction at 12580 Driftwood interfered with drainage in the backyards. Mr. Gretz showed photographs taken at the site today after the rain. The grass was wet, but the water had drained. There is only about a one percent slope, but it does provide drainage. He said he does not believe there is any action the City should take in this matter. The Council concurred. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1990 Page 9 The Council received a copy of a letter from the City Attorney dated COMMONS II BLDG. June 11, 1990, explaining the status of the American National Bank OWNERSHIP and Trust Company foreclosure and ownership of the Commons II building. He noted that it does not affect the City's interest under the contract for private development on the property. MOTION: of Holton, seconded by Humphrey, setting an informal meeting at 6:00 p.m. on July 12, 1990, preceding the regular Council meeting on that date. Ayes - 5 - Nays - 0. INFORMAL MEETING CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 77149 through 77247, 77257 through 77465, 77475 through 77628 and 77630 through 77656, in the total amount of $5,490,078.13. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:25 ofclock p.m.