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HomeMy WebLinkAbout11/20/1990CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 20th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Gouncilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Administrative Intern Asselanis, Personnel Director Boland, Public Works Director Gretz, City Planner Kelley, Police Chief Rivers, Fire Chief Tuthill, Assistant to Administrator Weldon 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 - O. APPROVE AGENDA NOV. 8, 1990 MINUTES AUDIENCE DISCN. HIGH SCHOOL FIRE MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of November 8th, 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. Fire Chief Tuthill reported on the Fire at Apple Valley High School November 17, 1990. It began in the Art Area, around the kiln chimney, and was probably burning five to six hours before it was discovered. The smoke was very dense and caused the greatest part of the damage. The Fire Department received excellent cooperation from the Police Department, ALF Ambulance and the Lakeville Fire Department. They will be making a recommendation that the School place smoke alarms in strategic areas. Mr. Melena reviewed a report on the successful conclusion of the STREETSCAPE Downtown streetscape construction project. It concluded with expen- COMPLETION ditures of $6,896,136 and revenue of $6,897,000; under budget by $864.00. Mayor'Branning then presented plaques to John Gretz and Dennis Welsch congratulating them for their efforts on the project. MOTION: of Goodwin, seconded by Holton, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA RES. 1990-221 SET HEARING ON- SALE RENEWALS CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 221 setting a public hearing on renewal applications for calendar year 1991 for on-sale and Sunday liquor licenses and on-sale 3.2 beer licenses at 8:00 p.m. on December 13, 1990. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1990 Page 2 MOTION: of Goodwin, seconded by Holton, approving Filling Station, Cigarette Retail Sales and Off-Sale 3.2 Beer Licenses for SuperAmerica, at 15020 Garrett Avenue, effective December 1, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving issuance of a temporary on-sale liquor license by the Minnesota Department of Public Safety on December 1, 1990, for the Zoo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving 1990 Christmas Tree Sales Lot Licenses for Minnehaha Falls Nursery and Target Greatland. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a General Release Agreement with Fischer Sand & Aggregate, Bonestroo, Rosene, Anderlik & Associates and CNA Insurance in settlement of a storm damage claim for $50,000 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 222 approving specifications for three 4x4 utility vehicles and three 8-passenger window vans for the Fire Department and advertising for bids to be received at 2:00 p.m. on December 11, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 223 awarding the purchase of a Combination Snow Casting Rotary Snowblower for the Street Department to MacQueen Equipment, Inc., the low bidder, in the net amount of $57,764.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 224 awarding the purchase of two Hydraulic Snowblowers, one new Hydraulic Power Unit and one used Hydraulic Power Unit to L-Z Company, Inc., the low bidder, in the total amount of $38,109.84. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving an amendment to the engineering contract with Bonestroo, Rosene, Anderlik & Associates, Inc., revising the Schedule B hourly rates for 1991 as shown in the letter dated November 6, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving Signal Maintenance Agreement No. 90-09 with Dakota County for the traffic signal at 140th Street and Galaxie Avenue and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. SUPERAMERICA 1990 LICENSES ZOO TEMPORARY LIOUOR LICENSE. CHRISTMAS TREE SALES LICENSES FISCHER STORM DAMAGE CLAIM SETTLEMENT RES. 1990-222 TAKE BIDS FIR DEPT. VEHICLES RES. 1990-223 AWARD BID SNOWBLOWER RES. 1990-224 AWARD BID SNOW- BLOWERS & POWER UNITS AMEND BRA 1991 HOURLY RATES 140TH & GALAXIE SIGNAL CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1990 Page 3 MOTION: of Goodwin, seconded by Holton, approving reduction of the subdivision financial guarantee for Scottsbriar 2nd Addition from $34,500.00 to $6,750.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, accepting Project 88-294, Wells No. 12, 13 and 14 Pumping Facilities, as final and authorizing final payment on the contract with A & K Construction, Inc., in the amount of $26,525.90. Ayes - 5 - Nays ~ O. MOTION: of Goodwin, seconded by Holton, accepting Project 90-343, 1990 Street Maintenance and Central Maintenance and Fire Station Parking Lots, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $106,183.08. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving Change Order No. 2 to the contract with CECA Utilities, Inc., for Project 90- 257, Apple Valley Retail (Cub Foods) Improvements, in the amount of an additional $23,993.99. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving Change Order No. 7 to the contract with Fredrickson Excavating for Project 87- 280, Miscellaneous Storm Sewer Improvements, in the amount of an additional $7,384.00 for Zoo water main relocation. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton approving Change Order No. 8 to the contract with Fredrickson Excavating for Project 87- 280, Miscellaneous Storm Sewer Improvements, in the amount of an additional $4,881.75. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 225 ordering installation of stop signs on 157th Street at Galaxie Avenue and on Dover Drive at County Road 38. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving the application of Joseph and Mary Brabec for deferment of Special Assessment Rolls No. 287 and 288 on Lot 10, White Oak Ridge, under City Code Section 9-10, homestead property owned by persons over age 65. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a special use permit for Madison Construction Products in the Super Store parking lot at 7575 West 145th Street, from November 23 to December 24, 1990. Ayes - 5 - Nays - 0. SCOTTSBRIAR 2ND BOND REDUCTION FINAL PAYMENT PROJ. 88-294 FINAL PAYMENT PROJ. 90-343 CHANGE ORDER 2 PROJ 90-357 CHANGE ORDER 7 PROJ. 87-280 CHANGE ORDER 8 PROJ. 87-280 RES. 1990-225 STOP SIGNS BRABEG ASSESSMT DEFERMENT SPECIAL USE PER. MADISON PROD. AT SUPER STORE CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1990 Page 4 MOTION: of Goodwin, seconded by Holton, approving hiring the part- time and seasonal employees as per the Personnel Director's memo dated November 20, 1990. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES END OF CONSENT AGENDA Mr. Kelley reviewed the report on a fence variance request for the ZOO FENCE Minnesota Zoological Garden, along Johnny Cake Ridge Road, tabled VARIANCE RE U ST from the November 8, 1990, meeting. The Zoo is proposing to locate the fence within ten feet of the alignment shown in the Planned Development Agreement except around what has been referred to as the "north pond". A variance is required for a fence on the east side of the pond. The DNR will allow the fence to be placed right up to the water line which would be about 20 feet from Johnny Cake Ridge Road. Councilmember Holton said he viewed the site today with Mr. Buske and questioned the distance from the road. He would prefer locating the fence on the west side of the pond. Mayor Branning said he was not aware that staff had reached a compromise with the Zoo at the November 8th meeting and apologized for the discussion that resulted in tabling the matter. As directed at that meeting, he met with Staff and concurs. with the compromise. The Zoo has agreed to the approximate fence location in the agreement and to use a different type of fencing and posts where it is close to the road. A fence previously existed along the alignment west of the pond and was removed at some time. The DNR now has authority'to'control the wetland and would require a new fence to be farther west than originally located. That is why there is question on which side of the pond to place the fence. A fence now exists along Galaxie and is across from residential areas. Much of the Zoo's property faces open space along Johnny Cake Ridge Road. He recommended granting a variance allowing the fence to be located on the east side of the pond. MOTION: of Holton, seconded by Goodwin, approving a 10-foot high ZOO FENCE perimeter fence, with barbed wire, for the Minnesota Zoo- IN ORIGINAL logical Garden within ten feet of the approved alignment, as LOCATION per the original fence requirements of the Planned Develop- ment Agreement, along the west side of the "north pond". Chuck Doyle, 12902 Johnny Cake Ridge Road, asked what the FAA and Department of Aeronautics say about a hazard being placed at the end of a runway? Mayor Branning said the fence will not intrude on the runway. Mr. Doyle asked for those agencies approval in writing. Councilmember Goodwin questioned DNR control of the pond. Mr. Kelley said the DNR considers the marsh around the pond as part of the wetland and would allow a fence up to that line. There is more slope on the Johnny Cake Ridge Road side than on the parking lot side. The fence would have to be about four feet from the parking lot if placed on the east side of the pond. CITY OF APPLE VALLEY Dakota County, Mtnneseta November 20, 1990 Page 5 Dave Evans, 12640 Fairgreen Avenue, said the position of the fence along the road is more visible than if it were put next to the parking lot and he would prefer it next to the parking lot. Ray Artz, 13140 Doyles Court, submitted a letter to the Council opposing the variance. He said there has been no cooperation by the Zoo. The Planning Commission denied the variance and that was the only opportunity for public input. He asked that the matter be sent back to the Planning Commission if the request is being revised. Mr. Doyle asked that the matter be tabled until it can be determined, by State and Federal agencies, that the fence will not interfere with his runway. Councilmember Savanick asked for clarification of the proposed alignment. Mr. Kelley reviewed the proposal and said the fence along the pond would be about 20 feet farther west from where the poles are now in place between the pond and Johnny Cake Ridge Road. Councilmember Humphrey read excerpts from the 1975 Planned Development Agreement pertaining to fencing. He noted that it was always anticipated that the fence would be on the west side of the pond and would be visible. Mayor Branning said since no one lives across from the pond, it should not make a difference on which side of the pond the fence is located. Because of the slope of the road, it would be less visible than on the west side of the pond. Greg Zeno, 6105 West 130th Street, said people walk'and drive past the area all the time. Setting the fence farther back from the road will make it less obtrusive. He questioned the request for barbed wlre since the standards cited by the Zoo require only a 10-foot high fence. Councilmember Goodwin said he has not heard a good reason for placing the fence on the east side of the pond except that is where the Zoo wants it. He questioned how the previous fence could disappear and how the DNR can now have authority to deny replacing it. Vote was taken on the motion. Ayes - 2 (Goodwin and Holton) - Nays - 1 (Branning) - Abstentions - 2 (Humphrey and Savanick). Motion Passed. The meeting recessed at 9:03 p.m. during which time Mayor Branning left. Acting Mayor Humphrey reconvened the meeting at 9:12 p.m. MOTION: of Goodwin, seconded by Holton, granting a six-month extension of the final plat and subdivision agreement approvals and building permit authorization for two three- story buildings for Apple Valley Apartments, at 140th Street and County Road 11, until June 1, 1991. Ayes - 4 - Nays - 0. A.V. APARTMENT PLAT & PERMIT EXTENSION CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1990 Page 6 Mr. Welsch reviewed issues being considered in a study of general INDUSTRIAL LAND business and industrial zoning in the City. Mr. Kelley showed the POLICY & ZONING location of existing I-1 and I-2 zones and Comprehensive Plan desig- nations. Mr. Welsch said the Comprehensive Plan's goal indicates 700 acres of industrial base will be needed in the City and 120 acres are currently available. With possible changes in the plans for the current gravel mining area between 140th Street and County Road 42, it is becoming evident that area south of County Road 42 should become industrial. If an industrial corridor is established along County Road 42, future road alignments should also be established. Any consideration of this change would first involve discussion with property owners. Other amendments being researched are revision of the range and type of permitted uses in each category; either increasing the number of zoning categories or placing more uses in the conditional use category. Mr. Welsch noted that the intent is for any amendments to further the goals of the comprehensive and economic development plans of the City. Until this review and refinement of standards is completed, no action should be taken to rezone existing industrial land. Councilmember Savanick asked if the central trunk sewer is necessary to allow development south of County Road 42? Mr. Kelley said the diversion project now provides sanitary sewer service for all but 760 acres south of County Road 42. Long range plans called for the central trunk to be installed after 1990, but no date was ever specified. MOTION: of Holton, seconded by Goodwin, setting an informal meeting at 6:00 p.m. on November 29, 1990, to discuss insurance matters, prior to the special meeting at 8:00 p.m. to consider 1991 tax levy and budget. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving entering into an agreement to extend Dakota County's lease of the City-owned Yard Waste Compost Facility in Lakeville until December 31, 1993, subject to the conditions of the letter dated November 15, 1990, from Louis Breimhurst allowing City disposal of its yard waste at no cost. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Holton, setting an informal meeting at 6:00 p.m. on December 13, 1990, and cancelling the December.20, 1990, meeting. Ayes - 4 - Nays - 0. Councilmember Holton asked that a speed limit study be conducted on Galaxie Avenue. Mr. Gretz suggested it not be requested until the signal at 140th Street is operational and that it cover only the area between 146th Street and the Eagan border. Councilmember Holton asked whether the intersection of 147th Street and Granada could be considered for four-way stop signs? Mr. Gretz said traffic counts could be taken to determine if the intersection meets warrants. SET INFORMAL MEETING COUNTY LEASE OF COMPOST FACILITY EXTENSION SET INFORMAL MEETING GALAXIE SPEED LIMIT STUDY 147TH & GRANADA TRAFFIC COUNT CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1990 Page 7 MOTION: of Holton, seconded by Goodwin, to pay tho claims and bills, chocks numbered 69764, 80745 through 80800, 80803 through 80857 and 80867 through 81023, in the total amount of $3,713,492.62. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:05 o'clock p.m.