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HomeMy WebLinkAbout10/11/1990CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 11, 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, Deputy City Clerk Moroni, City Attorney Sheldon, Public Works Director Gretz, City Engineer Gordon, City Planner Kelley, Police Captain Erickson, Assistant to the City Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. Administrator Melena requested that Item 6.F be removed from the agenda and that Item 4 - Red Ribbon Gampaign Week Proclamation; Item 7 - Purchase of Aerial Lift Device; and Item 8 - Salary Projection Information; be added to the agenda. MOTION: of Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA SEP. 20, 1990 MINUTES MOTION: of Humphrey, seconded by Savanick, approving the minutes of the regular meeting of September 20, 1990 as written. Ayes - 5 - Nays - O. Administrator Melena reviewed a memo detailing information received to date regarding a possible visit by Governor Perpich on October 24, 1990 to celebrate "Wear Red Day" in observance of the "Red Ribbon Campaign". Administrator Melena will keep the Council informed of any developments. MOTION: Of Humphrey, seconded by Holton, proclaiming the week of PROCLAIM October 21 - 27, 1990 as "Red Ribbon Campaign Week" and RED RIBBON WEEK encouraging citizens to participate in the drug use pre- vention education activities scheduled. Ayes - 5 - Nays . Mayor Branning asked if anyone was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Mr. Wilt Anderson, 5441 134th St., stated he had been out of town during the last week and understood that the lift station serving his home had been out of service. Mr. Anderson questioned Mayor Branning if the station has been repaired as he has suffered significant damage to his home in the past. Mr. Gretz replied that the lift station was repaired. MOTION: of Holton, seconded by Humphrey, approving all items on CONSENT AGENDA the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, granting a setback variance to allow placement of a sign to be located ten feet from the street right-of-way of C.R. #42 at Grace Lutheran Church, 7800 County Road #42. Ayes - 5 - Nays - 0. SIGN VARIANCE GRACE LUTHERAN CHURCH CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1990 Page 2 MOTION: of Holton, seconded by Goodwin, approving a Christmas Tree Sales Lot License for Boy Scout Troop #205 at 142nd Street and Cedar Avenue, and William Brabec at East Valley Plaza, 140th and Pilot Knob Road. Ayes - 5- Nays - O. BSA #205/BRABEC CHRISTMAS TREE SALES LICENSES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- RES. 1990-197 197 appointing the individuals to serve as election judges APPOINT GENERAL for the November 6, 1990, General Election as listed in the ELECTION JUDGE~ resolution. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving renewal, for 1991, of the Joint Powers Agreement for the South Metro Task Force and authorizing the Mayor and Clerk to sign the same. Ayes 5 - Nays - 0. RENEW S. METRO TASK FORCE MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 496 amending Article I of Chapter 6 of the City Code by adopting the revised Minnesota State Building Code. Ayes - 5 - Nays ORDINANCE 496 ADOPT REVISED STATE BLDG. CODE MOTION: of Holton, seconded by Goodwin, approving Resolution No. 1990-198 approving agreement with Dakota County and the City of Eagan for construction of C.R. #31 between approx- imately 1000~ south of C.R. #33 (Diamond Path) and Rebecca Lane in Eagan, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1990-198 C.R.#31 CONST. AGREEMENT MOTION: of Holton, seconded by Goodwin, authorizing installation of a street light at the entrance to Hagemeister Park off of Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. STREET LIGHT HAGEMEISTER PARK HUNTINGTON PARK EXPENDITURE UPDATE ON SOCCER FIELD IMPRVMENT SUBDIVISION BOND REDUCTIONS MOTION: of Holton, seconded by Goodwin, to approve the recommenda- tion in the memorandum dated October 8, 1990 from Park Director Randy Johnson for the expenditure of $15,000 for erosion control at Huntington Park. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, to receive the update from Park Director Johnson, regarding the improvements to soccer fields at Moeller Park, Valley Middle School, Tintah Park, and Huntington Park. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving reduction of subdivision financial guarantees as follows: Valley Way Village 7th from $49,545.00 to $28,615.00; and Summerfield 2nd from $10,710.00 to $0.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving agreement between ZOO WATERMAIN the Minnesota Zoological Gardens and the City of Apple Valley RELOCATION AGREE for the relocation of a watermain at a cost to be paid by the Zoo not to exceed $8,500.00, and authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1990 Page 3 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990-199 authorizing installation of a stop sign on south- bound Garrett Avenue at 151st Street. Ayes - 5 - Nays - 0. RES. 1990-199 STOP SIGN CHANGE ORDER 1 PROJ. 90-357 MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Ceca Utilities for Project 90-357, Cub Foods Utilities and Streets, in the amount of an addi- tional $11,465.50. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. CHANGE ORDER 5 5 to the contract with Mcnamara Contracting Co., for Project PROJ. 90-343 90-343, 1990 Street Maintenance, Cold Storage Bldg, and Fire Station Parking Lots, in the amount of an additional $63,220.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to receive a report from the Cable T.V. Committee regarding recommendations to the Council. Ayes - 5 - Nays - O. RECEIVE CABLE COMMISSION REPT. MOTION: of Holton, seconded by Goodwin, approved renewing contract RENEWAL-UNIFORM with Industrial Uniform Company to provide uniforms for AGREEMENT maintenance employees for an additional two year period from September 8, 1990 through September 7, 1992. Ayes - 5- Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing the preparation of agreement with Delta Dental for the provision of dental self-insurance as per Personnel Director Boland's memorandum dated October 11, 1990. Ayes - 5 - Nays - O. DENTAL SELF- INSURANCE MOTION: of Holton, seconded by Goodwin, approving the promotion PROMOTE GRAFF of Janice J. Graff to the position Records Supervisor, in RECORDS SUPVSR. pay scale 4, effective October 12, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the promotion PROMOTE ANDERSON of Sandy J. Anderson to the position Administrative Secretary ADM. SECRETARY in the Police Department, in pay scale 3, effective October 15, 1990. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Timothy A. Johnson, for the position of Assistant Liquor Store Manager, in pay scale 1, effective October 22, 1990. Ayes - 5 - Nays - 0. HIRE JOHNSON ASST. LIQ. MGR. MOTION: of Holton, seconded by Goodwin, approving the reclassifica- tion of the Assistant Liquor Store Manager to Pay Level 2 in Personnel Plan as recommended by the Personnel Director. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated March 22, 1990. Ayes - 5 - Nays - 0. ASST. LIQ. MGR. RECLASSIFICATION HIRE PARTTIME EMPLOYEES END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1990 Page 4 Mr. Kelley presented the request to rezone approximately 3.615 acres of land located on the north side of 146th Street West, just east of 6885 146th Street W. (Al's Cabinets) from 1-2 to I-1. The change in zoning would allow the land to be platted into 20,000 sq. ft. lots. At this time the proposal is to plat only one with the remaining property to be left as an outlot for future development. APPLE VALLEY IND. PARK 4TH REZONING Mayor Branning questioned if there is really a need for additional 20,000 sq. ft. lots in this area with limited buildings on the lots. If the land remains I-2, a small square footage building could always be constructed with room for expansion, therefore not locking the parcel into small lots. Councilmember Humphrey questioned if the Comp Plan designation of "LI" Limited Indus- trial is current with the surrounding area. Would like to the Comp Plan reviewed for the entire area for corresponding uses. Mayor Branning asked if the Planning Commission had considered the Comp Plan designa- tion for the property. Mr. Kelley responded that the Planning Commission's main issue was whether the use was compatible with future gravel development. The owner of the property was present at the Planning Commission meetings and expressed that he has no problems with the rezoning. Councilmember Holton expressed concern over the number of driveways that would resul from a small lot division of this property which would all be serviced from 146th Street He feels this could result in traffic problems as the property to the east develops. Councilmember Humphrey would like to see this tabled until the Comp Plan can be reviewed for this area. Councilmember Savanick requested for what length of time can the item be tabled? City Attorney Sheldon responded that the Council must take action within 120 days from the date of application. The application date is September 12, 1990, therefore the Council would need to act on or before January 10, 1991~ Councilmember Goodwin expressed that he does not feel it is fair to the petitioner to table the item that length of time and would like to see it resolved as soon as possible. MOTION: of Humphrey, seconded by Holton, to table the rezoning for further review and recommendation by the Planning Commission, with action by the Council occurring no later than January 10, 1991. MOTION: of Humphrey, seconded by Holton, to table preliminary and final plat approval until rezoning is approved. Ayes - 5 - Nays - 0. APPLE VALLEY IND. PARK 4TH PREL/FINAL PLAT City Planner Kelley presented the petitioner's request for a building permit for Richards' Building, located east of 6885 West 146th Street. Mayor Branning advised that no action can be taken on this item until the rezoning and preliminary and final plat are approved, but that the Council would offer direction to the petitioner. On September 19, 1990 the Planning Commission unanimously recommended the approval. RICHARD'S BLDG. PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1990 Page 5 Petitioner was present and addressed the Council. Mr. Richards stated he is currently renting space in Burnsville and would like to build his own building. He has investi- gated numerous sites and this is the best location. Mayor Branning advised the petitioner to review building standards with the Planning Department and revise the building to be more aesthetically compatible with the current structures in the area. No action was taken. The Council recessed at 9:02 and reconvened at 9:15 p.m. City Planner Kelley presented the request for a rezoning from "M-4C" to "M-3C" for Rodeo Hills, located at the southwest corner of Palomino and Garden View Drives. The area in question is platted and developed and the request is being made by the City in order to provide for consistency between zoning and the Comp Plan designation. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 497 rezoning Rodeo Hills (lst) from "M-4C" to "M-3C", as recom- mended by the Planning Commission. Ayes - 5 - Nays - O. ORDINANCE 497 REZONE RODEO HILLS Community Development Director Welsch presented the petition for a change in the Comp- prehensive Plan from "SF" to "LD" and a change in the zoning from "M-7B" to "R-5" for a 18,975 sq. ft. parcel of land located on the north side of 140th Street at Guthrie Avenue. This is a parcel of land that was originally in the Timberwick additions, but was not platted2 It is surrounded on all sides except the south by platted property and is inaccessible except off of 140th Street. The change in the Comprehensive Plan and zoning would allow for a two-family home to be constructed on the site with a single access drive onto 140th Street. On September 19, 1990, the Planning Commission recom- mended approval of the request. Councilmember Savanick requested clarification as to if the zoning is changed to "R-5" how would this limit the structure to a two-family home. Mr. Welsch responded that due to the acreage of the parcel, that is all that would be allowed. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-200, amending the Land Use Map of the Comprehensive Plan, in the S/E Corner of the S/W Quarter, of Section 21, from "SF" to "LD", as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Savanick). RES..1990-200 COMP PLAN AMEND PALOMINO WOODS ORDINANCE 498 REZONE PALOMINO WOODS MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 498 rezoning the unplatted property located in the S/E corner of the S/W quarter, of Section 21, from "M-7B" to "R-5", as recommended by the Planning Commission. Ayes - 4 - Nays (Savanick). Community Development Director Welsch presented the request to rezone all land located in the West 1/2 of the Southeast 1/4 of Section 26, consisting of 80 acres, including the plats of North Star Industrial Park; North Star Industrial Park Second Addition, and WIRSBO First Addition, from "I-2" to "I-l". The Comprehensive Plan designates this area as "Limited Industrial" while the zoning is "I-2", heavy industrial processing. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1990 Page 6 It was recommended by the Planning Commission that the property zoning be changed to "I-1" due to its' proximity to single family housing on the north end. Ail of the existing uses are in conformance with an "I-1" zoning. The property owner had voiced concern that his property value would be decreased with this change but has reconsidered all the ramifications and is satisfied. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 499 rezoning all unplatted and platted property in the West 1/2 of the Southeast 1/4 of Section 26, as recommended by the Planning Commission. Ayes - 5 - Nays - O. ORDINANCE 499 REZONE NORTHSTAR IND. PARK AND UNPLATTED PROP. SECTION 26 Administrator Melena reviewed bids received on September 18, 1990, for (1) Fire/Rescue Truck. The low bid was Minnesota Conway Fire & Safety in the amount of $192,986.00. After reviewing the proposals submitted, it is deemed that the equip- ment bid by Minnesota Conway Fire & Safety does meet the specified requirements of the City and it is therefors recommended that the contract be awarded to General Safety Equipment Co. in the amount of $196,411.00. The Council then reviewed a drawing of the proposed equipment. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1990-201 awarding the purchase of (1) Fire/Rescue Truck to General Safety Equipment Co., the bid meeting specifi- cations, in the amount of $196,411.00. Ayes - 5 - Nays - O. RES. 1990-201 PURCHASE FIRE RESCUE TRUCK Dean Weigel of the Minnesota Valley Humane Society presented a request for commit- ment from the City of Apple Valley for their budgeted funding for the Humane Society for 1991. The Humane Society had contracted with a consultant who had determined that in order to proceed with their capital funding campaign the Humane Society should actively proceed with the purchase of a building for an animal shelter. The Humane Society is considering the purchase of a facility. The buildings under consideration are an old Tom Thumb store located on Highway 13 in Burnsville and a building on 146th Street in Apple Valley. City Administrator Melena reviewed the budget for 1991 and advised that the funds will be available for such a commitment. Mayor Branning questioned why the Humane Society does not stay in the building they are currently officing out of. Mr. Weigel explained that it would be too costly to renovate the facility to house this type of operation. Mayor Branning also expressed concern of adjacent uses to an animal shelter, is the Apple Valley site a free-stand- ing building or are their other tenants? Mr. Weigel stated that the Apple Valley location is a U-shaped building with the plan to purchase only one-half of the structure. There would be adjacent tenants, but the site would lend itself to expansion. The Burnsville site is a completely free-standing structure that would be entirely purchased. The Humane Society has received the go ahead from the City of Burnsville at this time and it is the Humane Society's under- standing from the owner of the Apple Valley site that there may be some problems in trying to split the ownership of the Apple Valley building. Therefore, as of this date, the Humane Society is actively pursuing the purchase of the Burnsville location. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1990 Page 7 Councilmember Goodwin feels that the Burnsville site may be more suitable for an animal shelter in that it is not located in the heart of a downtown area. Administrator Melena advised the Council that if a commitment were made at this time, it would need to be contingent on the approval of the budget after the public hearing in December. Furthermore, the funding would not actually be available until January 2, 1991. MOTION: of Savanick, seconded by Goodwin, to approve preparation of HUMANE SOCIETY of letter of commitment to the Humane Society in the amount FUNDING $15,867.00, contingent on final approval of the 1991 budget COMMITMENT and that the funds will not be available until January 2, 1991. Ayes -5 - Nays - 0. Administrator Melena reviewed a memorandum from Public Works Director John Gretz regard- ing the purchase of a used telelect aerial device mounted on a Chevrolet C65 cab and chassis. The funds are available from the Streets department budget, and Council authorization is being requested. MOTION: of Holton, seconded by Goodwin, to authorize the purchase of (1) Used Telelect Aerial Device from Simon-Midwest, Inc. in the amount of $14,989.00. Ayes - 5 - Nays - O. AUTHORIZE PURCHASE OF AERIAL DEVICE Administrator Melena presented the Councilmembers with the 1992 salary projection as requested by the Council at a work session. Councilmember Humphrey requested the Council to authorize the expenditure of funds to send one of the newly elected Councilmembers from the November election to the League of Cities Conference in Houston, Texas in December. Mayor Branning expressed to Councilmember Humphrey that it seems like a good gesture, but he feels it would be more appropriate to send all, if there is more than one, of the newly elected officials to a League of Minnesota Cities workshop instead. All other Councilmembers concurred. Administrator Melena reminded Council of the upcoming Fireman's Banquet on Saturday, October 20, 1990. Mayor Branning distributed correspondence received regarding the Pennock Condominiums, and a letter opposing gravel rezoning south of C.R. #42, both from residents of Apple Valley. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, CLAIMS & BILLS checks numbered 79685 through 79853, 79863 through 79990, and 79999 through 80130, in the amount of $5,954,882.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:32 p.m.