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HomeMy WebLinkAbout06/01/1989CITY OF APPLE VALLEY Dakota County, Minnesota June 1, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 1st, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: Mayor Branning. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, City Planner Kelley, Assistant Administrator Lawell, Associate Planner McMonigle, Fire Chief Tuthill and Community Development Director Welsch. Acting Mayor Humphrey 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 Savanick, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Savanick, approving the minutes of the MAY 18, 1989 meeting May 18th, 1989, as written. Ayes - 4 - Nays - 0. MINUTES MOTION: of Holton, seconded by Goodwin, proclaiming June 14, 1989, as PROCLAIM "Flag Day" and encouraging all citizens to participate in the FLAG DAY "Pause for the Pledge of Allegiance" at 6:00 p.m. on June 14th. Ayes - 4 - Nays - 0. Acting Mayor Humphrey noted that Apple Valley American Legion Post 1776 will be conducting ceremonies on June 14th and invites the public to attend. Acting Mayor Humphrey asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. AUDIENCE DISCN. CONSENT AGENDA RES. 1989-107 AWARD CONTRACT PROJ. 89-322 RES. 1989-108 AWARD CONTRACT PROJ. 89-325 & 89-326 MOTION: of Holton, seconded by Goodwin, removing consideration of liquor store hours to the regular agenda, adding right-of-way agreement for Guild Avenue to the consent agenda and approv- ing all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 107 awarding the contract for Project 89-322, Radcliff Town- house Trunk Improvements, to Nodland Construction, the low bidder, in the amount of $57,982.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 108 awarding the contract for Projects 89-325, Acorn Hill, and 89-326, Eagle Hill, Utility and Street Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $171,212.75. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 1, 1989 Page 2 MOTION: of Holton, seconded by Goodwin, approving the Agreement with Domestic Development, Inc., Vista Development, Inc., and Kriswood Properties, Inc., for dedication of Guild Avenue right-of-way north of 140th Street, subject to deferment of special assessments for the improvements, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 109 awarding the contract for Projects 89-297, Georgia Drive, 89-315, Guild Avenue, and 89-317, 134th Street in Knotty- woods, Improvements, to McNamara Contracting Co., the low bidder, in the amount of $205,396.40. Ayes ~ 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 4 to the contract with Lovering Associates, Inc., for Project 85-236, Water Treatment Facility, extending the date of substantial completion to June 9, 1989. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, approving an Agreement with Dakota County for County Project 31-34 for construction of turning lanes on County Road 31 (Pilot Knob Road) and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 110 prohibiting parking on both sides of 153rd Street between County Road 23 and Galaxie Avenue and on Galaxie Avenue between CSAH 42 and 153rd Street in compliance with Municipal State Aid standards. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting the contract with Braun Turf Farms for seeding and sodding at Eastview Athletic Complex as final and authorizing final payment in the amount of $1,183.56. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving renewal by the Minnesota Liquor Control Division of the annual Liquor Consumption and Display (Set-Up) Permit for the Minnesota Zoo effective July 1, 1989. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving 1989 refuse haulers' licenses for Expert Disposal, Inc., and Paul Czeck Trucking, Inc. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing Arrowhead Fireworks Company to provide a fireworks display on July 4, 1989, at Eastview Athletic Complex, subject to providing the appropriate certificate of insurance to the City. Ayes - 4 - Nays - 0. GUILD AVENUE RIGHT-OF-WAY AGREEMENT RES. 1989~109 AWARD CONTRACT PROJ. 89-287, 89-315 & 89-317 CHANGE ORDER 4 PROJ, 85-236 PILOT KNOB ROAD TURNING LANES AGREEMENT RES. 1989-110 NO PARKING ON GALAXIE & 153RD FINAL PAIq4ENT EASTVIEW SEEDING/SODDING ZOO SET-UP PERMIT RENEWAL REFUSE HAULER LICENSES JULY 4TH FIREWORKS CITY OF APPLE VALLEY Dakota County, Minnesota June 1, 1989 Page 3 MOTION: of Holton, seconded by Goodwin, approving an amendment to the Agreement for Joint and Cooperative Use of Fire Personnel and Equipment related to use of opticom equipment to change traffic signal lights within the jurisdictions of members and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing the Mayor and Clerk to execute the "Release and Assignment" form for Western Surety Company in payment of $5,000 as forfeiture on the bond provided for BJS, Inc., d/b/a R Berry's, liquor license and allocating the funds to the Police Department Crime Prevention Fund. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving renewal of law enforcement liability insurance with National Casualty Co. effective July 1, 1989, at an annual premium of $19,556.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 111 approving the final plat and development agreement for Eagle Hills First and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a setback variance to allow three eight-plex buildings to be constructed to within 20 feet of the right-of-way line of 132nd Street Court on Lot 1, Block 1, Nordic Woods 6th Addition, as recommended by the Planning Commission. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing signage and banners to identify activity areas for the Star of the-North Games from June 17 to 25, 1989, as described in the Associate Planner's memo dated May 30, 1989. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving a maternity/dis- ability leave for Janis Regis from July 7, 1989, through January 8, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated June 1, 1989. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving appointment of Jeffrey Tuthill for membership in the Apple Valley Fire Department as recommended by the Fire Chief. Ayes - 4 Nays - 0. AMEND JOINT FIRE AGREEMENT LIQUOR BOND FORFEIT TO CRIME PREVENTION FUND RENEW POLICE LIABILITY INS. RES. 1989-111 FINAL PLAT EAGLE HILLS 1ST SETBACK VARIANCE LOT 1, BLOCK 1~ NORDIC WOODS 6TH STAR OF NORTH SIGNS & BANNERS MATERNITY LEAVE - REGIS HIRE PARTTIME EMPLOYEES TUTHILL FIRE DEPT. MEMBER CITY OF APPLE VALLEY Dakota County, Minnesota June 1, 1989 Page 4 MOTION: of Holton, seconded by Goodwin, confirming promotions of David Ganfield as District Chief, Joel Engel as Captain (Days) and John Eibner as Captain (Nights) at Fire Station No. 3 as recommended by the Fire Chief. Ayes - 4 - Nays - 0. FIRE DEPT. OFFICERS STATION NO. 3 END OF CONSENT AGENDA Councilmember Holton questioned the need to open the City's liquor OFF-SALE stores on the 4th of July. Mr. Melena said the Liquor Manager sug- LIQUOR HOURS tested the change, on a trial basis, as a result of a change in state law allowing off-sales of liquor on July 4th and January 1st. Thomas Morris, 13406 Havelock Trail, said he believes July 4th should be a family holiday and the City should not open the liquor stores on that day. MOTION: of Holton, seconded by Savanick, to continue with current policy and close the municipal liquor stores on July 4th. Ayes 2 (Holton and Savanick) - Nays - 2 (Goodwin and Humphrey) - Motion Failed. NO OFF-SALE LIOUOR JULY MOTION: of Goodwin, seconded by Humphrey, allowing off-sale of liquor at the municipal liquor stores from 10:00 a.m. to 5:00 p.m. on July 4th. Ayes - 2 (Goodwin and Humphrey~ - Nays - 2 (Holton and Savanick) - Motion Failed. JULY 4TH LIQUOR HOURS ~ FAILED Mr. Gretz reviewed his memo dated May 25, 1989, concerning Lac Lavon LAC LAVON water quality. At the meeting of May 18th, the problem of Eurasian WATER QUALITY Water Milfoil Weed was brought before the Council. At this time, ex- perts do not have a clear solution to the problem. He recommended the Cities of Apple Valley and Burnsville apply, jointly, for participation in the EPA clean lakes grant program for a study of possible corrective actions. MOTION: of Savanick, seconded by Goodwin, directing staff to begin negotiations with the City of Burnsville for a joint grant application for a water quality study of Lac Lavon. Ayes - 4 - Nays - 0. APPLY FOR LAC LAVON GRANT The Council received a letter dated May 26, 1989, from Thomas and MORRIS SEWER Kathleen Morris, 13406 Havelock Trail, concerning their claim to CNA BACK-UP CLAIM Insurance for reimbursement for damages caused by a sewer back-up. CNA has offered to settle the claim for a depreciated amount which is $724.66 less than they believe should be paid. The Council also received memos from the Public Works Director and Finance Director concerning the matter. Mrs. Morris said the lower level of their house was just completed in October 1988 and the depreciation does not seem fair. Mr. Morris said had the back-up been their fault, their insurance would have covered the expenses except for $150 deductible. This is the third flood they have had; the first two in July of 1987 from storm water. He also questioned why the City does not carry full replacement coverage on its policy and what is being done to protect them from future damage. CITY OF APPLE VALLEY Dakota County, Minnesota June 1, 1989 Page 5 Acting Mayor Humphrey said when a claim is being handled by the insurance company, it would be inappropriate for Council to become involved in overruling the adjuster. It could even cause a problem for the City to purchase insurance in the future. Unfortunately, the proper place to dispute the claim may be the court system. Councilmember Holton said this is covered under the City's liability insurance policy and it is not possible for the City to buy full replacement coverage for liability insurance. Mr. Gretz said the blockage was caused by grease and solids in the sewer line and was not the Morrises fault. They could install a backflow preventer in their line, but that may not solve the problem. Mr. Melena suggested he or Mr. Gretz meet with the insurance adjuster and the Morrises to see what could be resolved. MOTION: of Goodwin, seconded by Savanick, requesting City Staff to meet with Thomas and Kathleen Morris and a representative of CNA Insurance to discuss their claim further. Ayes - 4 - Nays - 0. MEET ON SEWER BACK-UP CLAIM Mr. Kelley reviewed the Planning Commission report on the proposed HYLAND POINTE Hyland Pointe Shores located north of 160th Street and west of Garden SHORES PROPOSAL View Drive. It would consist of 46 single family dwellings and 14 duplex units. The planned development would allow reduced frontyard setbacks of 20 and 25 feet on all lots. Street access for the remaining undeveloped, Schumann, property will be provided. The Schumanns have negotiated acquisition of the right-of-way for County Road 46 at this time. Mike Black, of James R. Hill, Inc., Engineers, said they agree with the Planning Commission's recommendation, but would prefer to have the suggested storm sewer pipe along Lot 27, Block 2, rather than Lot 25. He also questioned whether funds for the pipe could be escrowed rather installing the pipe. Scott Johnson, of Arcon Development, said the proposal is similar to Nordic Woods 7th Addition being done by M. W. Johnson Construction who will also be the builder here. Mr. Gordon said two storm sewer pipes are proposed, one to the lake and one to the west. The alternate pipe to the west would be needed if a ponding area in Burnsville is necessary as part of the lake water quality study. Because of reduced setbacks, the pipe could not be installed after dwellings are constructed. Mr. Melena noted that easements from Burnsville would be needed for any ponding. The current property owner is different from the developer and ownership will have to be transferred. MOTION: of Holton, seconded by Goodwin, passing Ordinance No. 444 rezoning the proposed Hyland Pointe Shores from M-4 to Planned Development as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE 444 REZONE HYLAND POINTE SHORES HYLAND POINTE PRELIMINARY PLAT MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Hyland Pointe Shores, as recommended by the Planning Commission, and directing preparation of a development agreement. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 1, 1989 Page 6 MOTION: of Holton, seconded by Goodwin, authorizing issuance of a grading permit and model home permit, for modified zero lot line homes, in Hyland Pointe Shores, as recommended by the Planning Commission, subject to slope retention in the initial site grading being approved by City Engineering Staff. Ayes - 4 - Nays - O. HYLAND POINTE GRADING & MODEL HOME PERMITS HYLAND POINTE PRELIMINARY ENG. REPORT MOTION: of Goodwin, seconded by Holton, directing the City Engineer to prepare a preliminary feasibility report for utility and street improvements in Hyland Pointe Shores including consideration of installing an alternate storm sewer pipe along Lot 27, Block 2. Ayes - 4 - Nays - O. Consideration of The Oaks of Apple Valley IV was removed from the agenda at the request of the petitioner. Mr. Welsch reviewed the final staff report on the Pennock-Cedar- PENNOGK-CEDAR~ Garrett Area Land Use Study dated May 17, 1989. There are 10 separate GARRETT STUDY areas where the zoning and Comprehensive Plan are not consistent. Direction is requested as to on which sites the Planning Commission should be holding public hearings. If there are individual concerns about any sites, he would like to know before the hearings are set. The Council also received letters dated May 31, 1989~ from Robert Erickson and Frank Kleckner, members of the Planning Commission, concerning the study. MOTION: of Savanick, seconded by Goodwin, receiving the final staff report on the Pennock-Cedar-Garrett Area Land Use Study dated May 17, 1989, as presented. Ayes ~ 4 - Nays - O. RECEIVE REPORT Couneilmember Savanick asked for a further explanation of the information on Page A-4 and whether the definitions of the Comprehensive Plan designations and zoning districts can be changed to be the same? Mr. Welsch said there is a problem with oyerlapping uses in the designations and clarification is needed. This is part of the Department's work program as are text amendments to the Comprehensive Plan. MOTION: of Goodwin, seconded by Holton, directing the Planning Commission to hold public hearings on only the changes recommended in the final staff report on the Pennock-Cedar- Garrett Area Land Use Study dated May 17, 1989. PLANNING COM. PUBLIC HEARINGS Frank Kleckner was present and said several of the properties are in the process of being developed. When the petitions come in, there will be hearings anyway. Glenn Badje, 13865 Glazier Court, asked if the Scott property, north of 140th Street and east of Cedar, will be part of the hearings? He was advised that it was not part of the study; however, before it could be platted, it would require a separate hearing. Dennis Close, Cedar Knolls partner, said he represents Cedar Knolls, Tom Thumb and Polka Dot Dairy and they are prepared to proceed with commercial development north of 127th Street and east of Cedar before the end of this summer. CITY OF APPLE VALLEY Dakota County, Minnesota June 1, 1989 Page 7 Art Eaton, of Vista Development, asked if the City Council is in concurrence with the report? Councilmember Goodwin said they are receiving the report, not approving it and are concerned that hearings be conducted. Helen Schultz, 13784 Greenland Avenue, asked if a Park Committee recommendation is being included in the hearings. She was advised that it is not. Councilmember Savanick said there seems to be an assumption that there is a moratorium on parcels within the area until the study is resolved and that is not true. Mr. Welsch agreed and said ahy petitions for development would be accepted and processed in the normal fashion. Vote was taken on the motion. Ayes - 4 - Nays - 0. The Council received a memo dated May 30, 1989, from the City Admin- istrator concerning military leave. Mr. Melena noted that he will be away from June 8 through 23, 1989, and, tentatively, from July 23 to August 4, 1989, with the National Guard. ADMINISTRATOR MILITARY LEAVE Mr. Melena reminded the Council that the next informal meeting will be JUNE 15, 1989 June 15, 1989. The meeting will begin at 8:00 p.m. at City Hall. INFORMAL MEETING The Council received a memo dated June 1, 1989, from the Building A.V. THEATER Official and Associate Planner concerning Apple Valley Theater con- OCCUPANCY CERT. ditions of temporary certificate of occupancy. There are items which were to have been completed by June 1, 1989, and have not been. An inspection is scheduled for June 15, 1989, to assure compliance. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, CLAIMS & BILLS checks numbered 68557 through 68648 and 68651 through 68671, in the total amount of $3,053,500.80. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:41 o'clock p.m.