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HomeMy WebLinkAbout07/26/1990CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 26th, 1990, at 9:00 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, Project Engineer Aune, Personnel Director Boland, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 9:00 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 JULY 12, 1990 MINUTES AUDIENCE DISCN. CONSENT AGENDA RES. 1990-153 ASSESSMENT DIVISIONS ZOO TEMPORARY ON-SALE LIOUOR RES. 1990-154 SET HEARING EASEMENT VACATN. MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of July 12th, 1990, as written. Ayes - 5 - Nays - 0. 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 Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 153 approving special assessment divisions: No. 18611, Nordic Woods 14th Addition; No. 18647, Wirsbo Addition; No. 18657, Apple Ponds 2nd Addition; No. 18674, Eagle Hills 2nd Addition; and No. 18728, Section 34 Future Apple Valley Retail Addition. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of temporary on-sale liquor licenses to the Minnesota Zoo by the Minnesota Liquor Control Commission on September 7, 25 and October 4, 1990. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 154 setting a public hearing at 8:00 p.m. on August 23, 1990, to consider vacating easements on Lots 1 and 2, Block 1, Carrollton Estates 5th Addition (part of replat for Apple Valley Armory). Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1990 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 155 approving a Minnesota Department of Transportation Agency Agreement for administration of state aid funds in connection with the City Engineer's Automation computer purchase and authorizing the Mayor and Clerk to sign the agreement. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Utility and Street Improvement Projects 89-325, Acorn Hill, and 89-326, Eagle Hill, as final and authorizing final payment on the contract with CECA Utilities, Inc., in the amount of $4,576.93. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting the Eastvlew Athletic Complex Park Shelter Building as final and authorizing final payment, from the Park Dedication Fund, on the contract with TCI General Contractors, Inc., in the amount of $5,984.10. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract with Arcon Construction for Project 89-329, Hyland Pointe Shores 2nd Addition Improvements, in the amount of an additional $23,000.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 156 approving plans and specifications for Project 90-345, 140th Street and Cedar Avenue Intersection Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on August 30, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving release of the subdivision guarantee for Huntington 2nd Addition, previously reduced to $7,000.00. Ayes - 5 -Nays - O. MOTION: of Holton, seconded by Goodwin, approving a five percent increase, to 80 percent of the basic fee structure, in the consultant engineering fees for design of plans and specifications by Bonestroo, Rosene, Anderlik & Associates effective August 1, 1990. Ayes - 5 -Nays - O. MOTION: of Holton, seconded by Goodwin, receiving the draft Capital Improvements Plan for 1991 to 1995. Ayes - 5 -Nays - O. MOTION: of Holton, seconded by Goodwin, approving hiring the seasonal employee listed in the Personnel Director's memo dated July 26, 1990. Ayes - 5 -Nays - O. RES. 1990 155 MnDOT AGREESMENT ENG. COMPUTER STATE AID FINAL PAYMENT PROJ. 89-325 & 89-326 FINAL PAYMENT EASTVIEW PARK SHELTER BUILDIN6: CHANGE ORDER 2 PROJ. 89-329 RES. 1990-156 TAKE BIDS PROJ. 90~345 HUNTINGTON 2ND BOND RELEASE ENGINEERING FEE INCREASE RECEIVE 1991-95 DRAFT CIP HIRE SEASONAL EMPLOYEE END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1990 Page 3 MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Alm Addition (replat of Lot 22, Block 1, Palomino Hills) subject to installation of water and sewer services and park and pond cash dedications being the responsibility of the purchaser of the new lot, as recommended by the Planning Commission, and waiving the requirement for a subdivision agreement. Ayes - 5 - Nays - 0. ALM ADDITION PRELIMINARY PLAT RES. 1990-157 ALM ADDITION FINAL PLAT SUPERAMERICA CARWASH BUILDING PERMIT MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 157 approving the final plat of Alm Addition, as recommended by the Planning Commission, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit for a car wash on Lot 1, Block 1, SA Addition, in conjunction with the SuperAmerica store on the site, as recommended by the Planning Commission. Mike Odell, Project Architect for SuperAmerica, was present and said the car wash will be of the same design and building materials and the station/store; that is, brick with a hip roof design. Vote was taken on the motion. Ayes - 5 - Nays - 0. Councilmember Humphrey asked if City ordinances include a requirement for underground sprinkler systems in commercial areas? Mr. Welsch said the downtown design guidelines include the requirement, but it has not yet been included in an ordinance. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 490 rezoning Mickelson property in part of the North Half of the Southwest Quarter of Section 13 from M-7A to M-6A as recommended by the Planning Commission. ORDINANCE 490 REZONE MICKELSON MULTIPLE TO M-6A Councilmember Goodwin if the property owner agreed with the rezoning. Mr. Welsch said this case is a Comprehensive Plan consistency issue and the property owner wanted to retain as much flexibility for future development as possible. No plan has been developed, but anticipated development on the site is 12 units per acre which is permitted under M-6A zoning. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Melena advised the Council that both County Road 38 and Pilot COUNTY ROAD Knob Road were to have been under construction this year. The County CONST UPDATE will be taking bids for County Road 38, between Pilot Knob and Johnny Ridge Roads, in August with completion scheduled for 1991. Bids for Pilot Knob Road will not be taken until October and construction will not be completed on it until 1992. There has been concern about having both of these roads completed earlier and he and Mr. Gretz will be meeting with the County next week to, at a minimum, encourage the County to complete'one of these roads before beginning construction on the other. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1990 Page 4 MOTION:of Humphrey, seconded by Goodwin, passing Ordinance No. 491 amending City Code Section 14-16 and adding Sections 18-8 and 18-9 regulating the placement of media vending boxes and mailboxes on City right-of-way on both sides of the downtown ring route and along Cedar Avenue and County Road 42 in the downtown area. Ayes - 5 - Nays - 0. ORDINANCE 491 MEDIA VENDING & MAILBOX PLACEMENT Mr. Gretz showed slides of the medians between County Road 42 and its CR 42 BOULEVARD frontage road in the area between Pennock Lane and Elm Drive. This GRASS/CONCRETE area was sodded at the request of abutting property owners, but it is now growing into weeds and is unmaintainable. Replacing the grass with concrete would cost about $33,000, but a method of financing it has not yet been determined. The Council directed staff to proceed with obtaining further cost estimates and options for financing and bring back a proposal. Mr. Welsch reviewed slides of the undeveloped lots in Hallwood High- HALLWOOD lands on which weeds and grass have not yet been mowed. He will be HIGHLANDS WEED/ meeting with the Halls further as to how to remedy the situation. He GRASS MOWING reviewed the current weed control program and noted that the ordinance does not specifically address mowing on "platted unoccupied" lots. Mr. Gretz said the City has now mowed a strip along the boulevard area of the lots. An estimate from a private contractor to mow the lots is $400 for the first time and $350 for each additional mowing. Councilmember Holton suggested an ordinance amendment be prepared to require mowing within 150 feet of an occupied structure. Councilmember Humphrey asked for further discussion on all nuisance ordinance enforcement at a work session. Councilmember Goodwin concurred, but since it is near the end of the growing season, said he did not see an urgency to act now. He asked for further research on any amendment, including definition of specific weeds, before such a work session. Mayor Branning suggested the goal should be to have a uniform policy in place by March 1, 1991. The Council agreed and also directed that, until then, staff adhere to the strict wording of the current ordinance which would exclude enforcement on the Hallwood Highlands unoccupied lots. Russell Hall was present and also submitted copies of cost estimates for mowing. Mr. Gretz reviewed the situation in the Huntington subdivision where HUNTINGTON construction debris was found buried in the backyard areas of homes CONSTRUCTION on Driftwood Lane. Settling of the soil and the appearance of a hole DEBRIS CLEANUP was first reported on July 16, 1990. Further investigation and digging of some test holes uncovered buried pieces of wood. He showed slides taken of these holes. Enebak Construction, the grading contractor for United Mortgage, the developer, admitted the area was used as a "borrow pit" during construction. They have submitted a schedule for removal of the debris and restoration of the landscaping and could start August 1st. A problem has arisen in that the City can only allow work on its easements and the buried debris extends farther than the easements. The property owners have not given Enebak permission to do the work on their property. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1990 Page 5 Councilmember Goedwin asked if the drainage problem in this area, discussed several weeks ago, was a related matter? Mr. Gretz said it was not, but the contractor will also take this opportunity to try and cerrect the drainage with regrading. Mayor Branning asked how this could have occurred? Mr. Gretz said, in private subdivisions, seil borings are taken for reads and foundations, but usually not for other areas. When trees have to be removed, it is common for developers to obtain burning permits, burn the legs and scatter and compact the ashes. It appears an attempt was made to burn the logs, but then were covered with fill. Mrs. John Corcoran, 12590 Driftwood Lane, en whose property the hole was found when her daughter stepped into it, said ne hemes were built when the filling was being done. She expressed concern that the contractor is net being cited for an ordinance violation. She has asked for written assurance that her home will be protected during the digging and has not received it yet. Mr. Sheldon said the City is trying to facilitate the clean up, which a citation will not accomplish, but can only authorize work on its easements. The homeowners are going to have to reach some kind of agreement with the builder/developer. Ancillary issues have come up, such as warranties on basements, etc., and these are separate issues. The City can facilitate the clean up, but is not in a position to enforce homeowners rights against the developer if the homeowners will not allow the developer on their property to make repairs. Mr. Melena said the contractor has explained the procedure it expects to follow and should be making the necessary contacts with the homeowners. Mr. Gretz said a soils engineer will also be employed to check the work and assure that all the material has been removed. Mr. Gretz showed slides of the Huntington Park area. It is undevelop- HUNTINGTON ed with steep slopes. Significant erosion has occurred into a storm PARK EROSION water pond which, in turn, drains into Farquar Lake. Wayne Hilbert, architectural consultant, has preliminarily evaluated some alternatives to control the slopes. He estimates the minimum control of planting crown vetch and covering the area with wood bark would cost $30,000. Mr. Melena said this resulted from not having appropriate standards for acceptance when the developer dedicated the park to the City. At this time, architectural assistance is requested to prepare a plan for the park. MOTION: of Holton, seconded by Goodwin, authorizing the expenditure of up to $7,500.00 for Cording-Natwick-Hilbert to prepare a plan for Huntington Park as described in the Park & Recreation Director's memo dated July 20, 1990. Ayes - 5 - Nays - 0. HUNTINGTON PARK PLANNING RING ROUTE STATUS REPORT Mr. Melena advised the Council that construction of the downtown ring route is proceeding within budget. The northern portion is $363,539 over budget and the southern portion is $321,612 under budget. The CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1990 Page 6 contingency allowance of $65,827, on the $6,600,000 total project, means it is $20,000 under budget. Mr. Gretz showed slides of the ring route construction areas and said, weather permitting, trees are scheduled to be planted along 153rd Street tomorrow. Construction is on schedule and the contractor could meet the early completion date provided the weather cooperates. Mr. Welsch said Target/Greatland is planning its grand opening for the end of September. It is contracting with Minneapolis/St. Paul magazine for a majority of the advertising for September. He recommends the City also place a full page ad in that issue promoting economic development. He also showed a sketch of a design for the southeast corner of County Road 42 and Cedar. Ryan Construction is working with Bonestroo, Rosene, Anderltk & Associates on the design. The Mayor said he would like to see some type of decorative low fountain included if possible. MOTION: of Savanick, seconded by Goodwin, authorizing the expenditure of $3,500.00 for an advertisement in the September issue of Minneapolis/St. Paul magazine with $23000.00 of the cost paid from the contingency fund. Ayes - 5 - Nays - 0. MPLS/ST. PADL MAGAZINE AD The Council received a copy of a letter dated July 16, 1990, from residents of Garden View Drive to Robert Erickson, Planning Commission Chair, concerning traffic and the speed limit in the area between Whitney Drive and 160th Street. GARDEN VIEt7 TRAFFIC LETTER MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 78078 through 78182, 78184 through 78233 and 78243 through 78392, in the total amount of $4,565,054.72. Ayes ~ 5 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 5 - Nays ~ 0. The meeting was adjourned at 11:38 o'clock p.m.