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HomeMy WebLinkAbout09/20/1990CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 20th, 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, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:08 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA SEPT. 6, 1990 MINUTES MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of September 6th, 1990, as written. Ayes - 5 - Nays - 0. Mayor Branning noted that a Certificate of Appreciation and "Key" VIVEIROS to the City had been presented to Joyce Viveiros at a reception prior RETIREMENT to the meeting. He expressed the Council's appreciation and best wishes to her upon her retirement which will be effective October 1, 1990. MOTION: of Holton, seconded by Savanick, proclaiming the week of September 17 through 23, 1990, as "Constitution Week". Ayes - 5 - Nays - 0. PROCLAIM CON- STITUTION WEEK PROCLAIM TOAST- MASTERS WEEK MOTION: of Goodwin, seconded by Savanick, proclaiming the week of September 23 through 29, 1990, as "Toastmasters Week". Ayes - 5 - Nays - 0. 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. Eunice Petter, PETTER HORSE 13000 Pilot Knob Road, presented a letter to the Council concerning a newspaper article on the death of their horse. She said the last paragraph of the letter makes two requests of the Council for which she would like a response at some time. MOTION: of Holton, seconded by Goodwin, adding temporary on-street parking for Apple Valley Medical Clinic to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Page 2 MOTION: of Holton, seconded by Goodwin, granting a 2.5-foot garage side setback variance for an addition at 911 Cortland Drive (Lot 12, Block 10, Appls Valley 4th Addition), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting an eight-foot garage side setback variance for a parking area at 193 Walnut Lane (Lot 4, Block 2, Bob's Garden View 3rd Addition), subject to additional plantings, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 186 granting a temporary waiver of platting on the Bachman's Carrollton Commercial site to allow transfer of title, on a metes and bounds description basis, prior to filing the plat. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving extending an excavation permit for James Berg at 12866 Galaxie Avenue until November 1, 1990, subjsct to compliance with all the terms of original permit. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, authorizing issuance of temporary on-sale liquor licenses by the Minnesota Department of Public Safety for the Minnesota Zoo on September 29, October 11 and December 9, 1990. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving an Application for Exemption from Gambling License by the Apple Valley High School Choir for a raffle on December 15, 1990, and waiving the 30 - day waiting period for Gambling Board approval. Ayes 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a special use permit for Fabian Seafood to sell seafood from a truck at George's Market, 220 County Road 42, for a period of up to ons year expiring August 27, 1991. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving issuance of a 1990 license to Edzisr Vincent for 15 coin4operated amusement devices at 14742 Pennock Avenue (The Big Apple Mall). Ayes 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Rssolution No. 1990- 187 awarding the contract for Project 90-356, 140th Strest and Galaxie Avenue Intersection and Signal Improvements, to McNamara Contracting, the low bidder, in the amount of $403,049.75, subject to Municipal State Aid approval. Ayes - 5 - Nays - 0. VARIANCE LOT 12, BLK 10, A.V. VARIANCE LOT 4, BLK 2~ BOB'S SRD RES. 1990-186 BACHMAN'S TEMP. PLAT WAIVER EXTEND BERG EXCAVATE PERMIT ZOO LIQUOR LICENSES CHOIR GAMBLING EXEMPTION SPECIAL USE FABIAN SEAFOOD AT GEORGE'S AMUSEMENT DEVICE LICENSE RES. 1990-187 AWARD CONTRACT PROJ. 90-356 CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Page 3 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 188 awarding the purchase of 3,000 Household Recycling Containers to LEWISystems, the low bidder, in the amount of $14,100.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving a petition dated September 7, 1990, from Ryan Construction for a traffic signal on 153rd Street at the Target/Cub entrances and directing the City Engineer to prepare a preliminary feasibility report for the improvement. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, receiving the Ring Route budget worksheet with reductions of $184,135.00 leaving a balance for contingency of $18,020.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving an Easement Agreement with Apple Core Company for Ring Route right-of-way along Lot 3, Block 1, Apple Valley Square 4th Addition (Arby's Restaurant) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 4 to the contract with McNamara Contracting for Project 90-343, Fire Station No. 1 Parking Lot Improvements, in the amount of a $5,250.00 deduction. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting for Project 90-350, Falcon Ridge Trail Improvements, in the amount of an additional $3,942.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract with CECA Utilities for Project 89-341, Hearthstone Improvements, in the amount of an additional $5,510.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 3 to the contract with CECA Utilities for Project 90-346, Eagle Hills 3rd Addition Improvements, in the amount of an additional $2,757.41. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 189 authorizing installation of stop signs on Emmet Place at Diamond Path; Dover Drive at County Road 38; 135th Street at Galaxie Avenue; Falcon Ridge Trail at Johnny Cake Ridge Road; and Upper 141st Street at Essex Avenue. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving reduction of subdi- vision financial guarantees: Huntington 3rd from $14,500 to $0; Huntington/Hunters Ridge from $156,500 to $100,000; and Huntington 2nd from $51,875 to $0. Ayes - 5 - Nays - 0. RES. 1990-188 AWARD PURCHASE RECYCLING CONT. PRELIM. REPORT 153RD/TARGET TRAFFIC SIGNAL RING ROUTE BUDGET REPORT ARBY'S RING ROUTE EASEMENT AGREEMENT CHANGE ORDER 4 PROJ. 90-343 CHANGE ORDER 1 PROJ. 90-350 CHANGE ORDER 2 PROJ. 90-341 CHANGE ORDER 3 PROJ. 90-346 RES. 1990-189 STOP SIGNS SUBDIVISION BOND REDUCTIONS CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Page 4 MOTION: of Holton, seconded by Goodwin, approving appointment of Chuck Brady as a member of the Apple Valley Fire Department. Ayes - 5 - Nays - 0. APPOINT BRADY FIRE DEPT, RES. 1990-190 1991 LANDFILL ABATE APPLICATN PROMOTE SWANDBY MGR. LI0. NO. 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 190 authorizing submission by October 1, 1990, of an application to Dakota County for 1991 Landfill Abatement Funding of $271,706.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving promotion of Donald R. Swandby to the fulltime position of Manager at Liquor Store No. 2 effective October 1, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the part- time and seasonal employees as per the Personnel Director's memo dated September 20, 1990. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES 146TH/CLINIC TEMP. PARKING MOTION: of Holton, seconded by Goodwin, approving temporary on-street parking along the south side of 146th Street, adjacent to Apple Valley Medical Clinic, until November 15, 1990. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:19 p.m. on PUBLIC HEARING Project 90-360, Bachman's/Carrollton Commercial Improvements, and PROJ. 90-360 noted receipt of the affidavit of publication of the hearing notice. BACHMAN'S Mr. Gordon reviewed the preliminary engineering report for utilities, construction of the private street, a right turn lane on County Road 42 and streetscape improvements along 147th Street. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:22 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 191 ordering installation of Project 90-360, Bachman's/ Carrollton Commercial Improvements. Ayes - 5 - Nays - 0. RES. 1990-191 ORDER 90-360 RES. 1990-192 PLANS & SPECS. PROJ, 90-360 . RES. 1990-193 CHANGE ORDER FOR PROJ. 90-360 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 192 directing the City Engineer to prepare plans and specifications for Project 90-360, Bachman's/Carrollton Commercial Improvements. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1990-193 approving Change Order No. 3 to the contract with McNamara Contracting for Project 90-321, Ring Route Construction, for installation of Project 90-360, Bachman's/ Carrollton Commercial Improvements, in the amount of $94,692.00. Ayes - 5 - Nays - 0~ CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Page 5 Mr. Gretz reviewed his memo dated September 17, 1990, and the pre- ACCESS LOTS liminary engineering report covering the feasibility of constructing 11-15, WHITE Eleanor Lane to provide access to Lots 11 through 15, White Oak OAK RIDGE Ridge. The report indicates it would be economically impractical to build the road. In discussions today, all the property owners agreed to constructing a driveway to provide access to Lot 13, the buildable lot owned by Eleanor Petter. The owner of Lot 12 does not want access provided to that lot. He recommended the Council set a hearing to consider vacating Eleanor Lane and direct the City Attorney to prepare an agreement, including replatting the lots, to allow the driveway. Larry Glewwe, 320 Cimarron Road, spoke on behalf of his grandmother, Eleanor Petter. He said she did not receive a copy of the report until yesterday and has not had time to respond. He questioned why the cost estimate for this portion of the road is so high compared with the cost estimate for 132nd Street. He questiohed a requirement to replat Lot 11, which is a pond, along with the other lots and said she has no intention of owning a storm water pond. Mr. Glewwe read a position paper on the current 132nd Street project questioning whether right of entry to Mrs. Petter's property, on the north side of 132nd Street, had been properly obtained and whether condemnation procedures were being followed. Any authorization was given under a misunderstanding that Mrs. Petter was signing a release for payment by the City for a previous condemnation action. He stated that legal counsel is being retained and asked that all future communications be submitted in writing. Mayor Branning said the intent was for the property owner to receive the same report as the Council and apologized for the delay. The Council could defer action to allow more time for review. If they desire to have all communication through the attorneys, the matter should be tabled for now. Mr. Glewwe said the preliminary report stated that Lot 15 would be assessed for improvements. There is no access to Lot 15 that is why they asked to have a driveway constructed. They do not want the street vacated. That would leave the property landlocked. They do not want to replat the property into one lot now when there could possibly be four lots because utilities will be available. Mr. Gretz said the City began the project believing it had right of entry while condemnation is proceeding. During this time, there was a request to build a driveway over Lots 14 and 15 to Lot 13. These are two separate issues and there is no objection to working with whatever time frame is necessary to answer the questions. Mr. Sheldon said he will have to check his files, but he believes the City has the necessary right of entry on the area outside of the right-of-way. Eunice Petter, 13000 Pilot Knob Road, said they have retained legal counsel and the issues will be addressed at a meeting with Mr. Gretz and Mr. Gordon at 2:00 p.m. tomorrow. CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Page 6 Ron Dorken, 5290 West 132nd Street, said today's presentation on a driveway is different from what was originally presented; two feet high, not a five-foot high dike. He would not object to a low driveway. Councilmember Savanick asked if 132nd Street can be completed this fall? Mr. Gretz said, assuming the City has the right of entry, completion of 132nd Street will proceed. The driveway question does not have to be addressed now and is not even part of the project. Mr. Sheldon said thers is a meeting scheduled tomorrow to resolve the confusion. The only action taken by the Council to date is the 132nd Street project. Costs remain to be determined and the right-of-way matter will be resolved either by acquisition or condemnation. The second issue is the driveway. It is not unusual for design adjustments to be made during a project and some type of resolution should be able to be reached. A preliminary report generally describes a project and identifies all potential property which might be assessed. It doesn't mean the property will be assessed, but if it is not included in the project from the beginning, it cannot be assessed later. The Council concurred with deferring any action on the driveway or street vacation until the matter is resolved by the Attorney, Staff and property owners and a report and agreement submitted. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1990-194 approving special assessment rolls 271 through 291, as corrected with no assessment on Lot 13, White Oak Ridge, for hearing purposes, and setting a public hearing on them at 8:00 p.m. on October 25, 1990. Ayes - 5 - Nays - 0. RES. 1990-194 SET HEARING ASSMT. 271-291 RES. 1990-195 SET HEARING ASSMT. 292 RULING ON NCG PERMITTED USE MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-195 approving special assessment roll 292, delinquent utility bills in excess of $10.00, for hearing purposes, and setting a public hearing on them at 8:00 p.m. on October 25, 1990, and directing that delinquencies under $10.00 be written off. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting the Planning Commission's recommendation that a Taekwondo private school is not a permitted use in a Neighborhood Convenience Center zone and the zoning ordinance text not be modified to allow the use in an "NCC" district. Ayes - 3 - Nays - 2 (Humphrey and Savanick). MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 494 amending Sections A1-37(c) and A1-38(c) of Appendix A of the City Code to provide for major anchor/center signs as conditional uses in "RB" and "SC" zoning districts, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 494 MAJOR ANCHOR SIGNS AS CONDL. USES CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Page 7 MOTION: of Goodwin, seconded by Humphrey, passing Ordinance Nc. 495 repealing Article IV of Chapter 6 of the City Code and establishing revised regulations for signs to provide a clearer understanding of the controls regarding size, placem- ent and number of signs. ORDINANCE 495 REVISED SIGN REGULATIONS Councilmember Humphrey asked if the ordinance would permit a sign for Baker's Square, for example, on the east side of the building? Mr. Welsch said signs are permitted on two sides of the building in that example. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, accepting the Report to the Council, Legislature and Citizens, dated September 1990, entitled "The Use of Tax Increment Finance by the City of Apple Valley". Ayes - 5 - Nays - 0. ACCEPT T.I.F. REPORT FEINER GEORGIA DR. SETTLEMENT RES. 1990-196 COMPOST BIN PILOT PROJECT AMEND MOTION MOTION: of Holton, seconded by Humphrey, approving settlement of the Georgia Drive condemnation matter with Ann Feiner, as recommended in the City Attorney's memo dated August 27, 1990, with payment of $10,000, plus costs, for the easement. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 196 approving a pilot project involving experimental use of 100 residential composting bins, purchased with landfill abatement funds of $4,995.00, for the period October 1, 1990, through April 1, 1991, and paying the 4-H Appleseeds organization $5.00 per completed questionnaire for its assistance in the study. MOTION: of Humphrey, seconded by Savanick, amending the motion by setting the period for the project from October 1, 1990, through July 1, 1991. Councilmember Savanick said she does not believe the draft questionnaire on usage is complete enough. Mayor Branning said he would like to see it revised with multiple choice questions so the results can be compared. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Councilmember Savanick asked if the project will be ready to start by October lst? Councilmember Holton said it will. Mayor Branning said the 100 bins should be distributed to 50 households who are interested in composting and 50 at random for a better experiment. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 20, 1990 Page 8 Mr. Gretz reviewed his memo dated September 19, 1990, concerning a pathway connection between Reflection Road and Holyoke Lane. The City has owned the property for some time, but not improved it. Mayor Branning said he would like to know the residents~ opinions on paving a path. REFLECTION- HOLYOKE PATHWAY Mr. Gretz said John Kirby, 452 Refloctton Road, has sent a letter asking to have the pathway connection paved on the property. Bob Losinski, 400 Reflection Road, the property owner on the north side, is opposed to the paving. Jim Sheldon, 424 Reflection Road, the property owner on the south side, said he understands Mr. Losinski's objection, but people use it as a walking path and get dirty and muddy. Personally, he would like a pathway and perhaps access could be restricted so it would not become a route for motorized vehicles. MOTION: of Humphrey, seconded by Goodwin, authorizing construction of a paved pathway connecting Reflection Road and Holyoke Lane at a cost not to exceed $2,000.00 as described in the Public Works Directorls memo dated September 19, 1990. Ayes - 5 - Nays - O. PAVE REFLECTION HOLYOKE PATHWAY Councilmember Humphrey reported that he attended the Burnsville City KELLER LAKE Council public hearing on September 17, 1990, concerning the Keller STATUS Lake Drive/Redwood Drive connection. Burnsville will not close the road connection, but asked for an engineering report to consider constructing sidewalks on both sides of the street. MOTION: of Savanick, seconded by Humphrey, appointing John Gretz as Acting Administrator from September 22 to 30, 1990, in the absence of the City Administrator. Ayes - 5 - Nays - O. GRETZ ACTING ADMINISTRATOR SET INFORMAL MEETING MOTION: of Goodwin, seconded by Savanick, setting an informal meeting for a work session at 8:00 p.m. on Thursday, October 4, 1990, at City Hall. Ayes - 5 - Nays - 0. The Council received Councilmember Humphrey's memo dated August 27, 1990, concerning the Big Apple Mall ring route easements and potential redevelopment. He stated discussions are continuing and the memo is submitted for information only. BIG APPLE MALL RING ROUTE, ETC, MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 69759, 69760, 69761, 79391 through 79515 and 79525 through 79674, in the total amount of $3,998,679.46. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:03 o~clock p.m.