Loading...
HomeMy WebLinkAbout07/27/1989CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 27th, 1989, 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: Assistant City Administrator Lawell, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Public Works Director Gretz, City Planner Kelley, Police Chief Rivers and Community Development Director Welsch. The Fire Department grievance hearing set for 7:30 p.m. was not held due to withdrawal of the request for a hearing by those involved. 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 Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA JULY 13, 1989 MINUTES MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of July 13th, 1989, as written. 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. Craig Belbeck, LAC LAVON STORM 13225 Findlay Avenue, and Rick Dunkin, 7405 West 123rd Street, of SEWER/FISHING Minnesota Valley In Fisherman, asked the Council to reconsider allow- PIER DONATION ing storm sewer to run into Lac Lavon. Their organization donated funds a couple of years ago toward a fishing pier for the lake and agreed to donate additional funds for it, but they were assured no more storm sewer would be run into the lake. Mayor Branning asked if they were aware of the development proposal for Hyland Pointe Shores as it proceeded through the Planning Commission? They said they were not. Gary Shade, 15989 Garden View Drive, said homeowners in his area were not aware that the fishing dock was contingent upon no other storm sewer going into the lake. Mr. Belbeck said the DNR recommended no additional storm sewer be allowed into the lake as part of its fish stocking program for the lake and asked whether drainage could be diverted to Keller Lake. Mayor Branning said the drainage areas of the lakes were established by court order stemming from a lawsuit years ago and the DNR might not have been aware of this. Runoff from the Hyland Pointe Shores develop- ment is estimated to add only 13 percent more phosphorus to the lake than what is already going into it from the entire drainage area. There are no controls at this time on what residents who live on the lake use as fertilizer on their lawns. Mr. Shade said the homeowners along the lake have been educated by their associa- tion on using low phosphate soap for washing their cars, etc., to reduce the runoff. Burnsville is a major contributor to the runoff from its park, ballfields and beach. He distributed a letter from the DNR in 1985 concerning Lgc Lavon storm water management. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1989 Page 2 Councilmember Goodwin said Burnsville's ballfields are already there. There is no reason to believe that homeowners moving into the Hyland Pointe area will not be just as concerned about the lake as those living there now. Mr. Shade expressed frustration with lack of communication and the City's inability to make changes in certain developments because of things done in the past. The Council asked to have a report, at the next meeting, on the City's overall storm water drainage plan and philosophy and its policy on lakes. The Engineer was also asked to report on the possibility of diverting all drainage from the lake. Staff was also asked to continue discussions with the City of Burnsville about the storm water problem. MOTION: of Goodwin, seconded by Humphrey, adding approval of an Alimagnet Park Party Permit to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-145 accepting a donation of $3,000.00 from the Minnesota Valley In Fisherman organization toward the purchase of a fishing dock at Lac Lavon. Ayes - 5 - Nays - 0. RES. 1989-145 LAC LAVON DOCK DONATION MOTION: of Goodwin, seconded by Humphrey, approving a special use permit for Patrick and Sharon Montoya for a vegetable stand in the parking lot on Pennock Avenue, south of the Big Apple Mall, for one year. Ayes - 5 - Nays ~ 0. SPECIAL USE PERMIT, MONTOYA MOTION: of Goodwin, seconded by Humphrey, approving renewal of public officials liability insurance effective August 11, 198.9, with National Casualty Co. at an annual premium of $9,538.00. Ayes - 5 - Nays - 0. INSURANCE RENEWAL MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989~146 prohibiting parking on both sides of Galaxie Avenue between 153rd Street and 157th Street. Ayes - 5 - Nays - 0. RES. 1989-146 GALAXIE PARKING MOTION: of Goodwin, seconded by Humphrey, approving the Joint Powers Agreement establishing the 1-35W Council with the Cities of Burnsville, Bloomington, Lakeville, Richfield, Savage and Minneapolis and Dakota County and the initial contribution of $5,000 and authorizing the Mayor and Clerk to sign the same; noting the Council will need to appoint its four representatives and an alternate.. Ayes - 5 - Nays - 0. J.P. AGREEMENT 1-35W COUNCIL MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with McNamara Contracting for Project 89- 287, Georgia Drive Improvements, in the amount of an additional $9,188.50. Ayes - 5 - Nays - 0. CHANGE ORDER 1 PROJ. 89-287 CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1989 Page 3 MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. G-6 to the contract with Maertens-Brenny Construction for Apple Valley Community Center in the amount of a $2,242.54 deduction. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Projects 88-300, Zoo Water Main; 88-302, Well No. 13 Water Main; and 88-305, 141st Street Water Main; as final and authorizing final payment on the contract with Channel Construction in the amount of $18,801.12. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Project 87-268, Outdoor Swimming Pool Modifications, as final and authorizing final payment on the contract with Wanzek Construction in the amount of $500.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Apple Valley Community Center as final and authorizing final payment on the contract with Maertens-Brenny Construction in the amount of $73,531.46. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-147 authorizing an order for removal or repair of a hazardous building located at 7872 West 142nd Street (Lots 1 and 2, Block 1, Carrollwood Village 5th Addition). Ayes - 5 Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving reduction of the development financial guarantee for Summerfield 3rd Addition from $76,700.00 to $41,250.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving appointment of Scott Revels for membership in the Apple Valley Fire Department. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the position description for Assistant Liquor Store Manager as part of the Personnel Plan. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving promotion of Kathy Stricker from parttime sales clerk to parttime head clerk in the Liquor Department effective July 28, 1989. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the various parttime and seasonal employees listed in the Personnel Director's memo dated July 27, 1989. Ayes - 5 - Nays - O. CHANGE ORDER G-6 A.V. COM. CTR. FINAL PAYMENT PROJ. 88-300, 88-302 & 88-305 FINAL PAYMENT PROJ. 87-268 FINAL PAYMENT A. V. COM. CTR. RES. 1989-147 HAZARD BUILDING 7872 W. 142ND REDUCE BOND SUMMERFIELD 3RD REVELS FIRE DEPT. MEMBER JOB DESCRIPTION ASST. LI0. MGR. PROMOTE STRICKER LIQ. HEAD CLERK HIRE PARTTIME EMPLOYEES CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1989 Page 4 MOTION: of Goodwin, seconded by Humphrey, issuing a party permit to Jacques Michaud, 14328 Ebony Lane, for Rocky Rococo Pizza, for a company picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on August 6, 1989, only. Ayes - 5 - Nays - 0. ALIMAGNET PARK PARTY PERMIT END OF CONSENT AGENDA Mayor Branning read a letter dated July 27, 1989, from George Hite, SOUTHPORT CENTRE of Target Stores, announcing a new store prototype which will be TARGET BUILDING built in Ryan Construction Company,s proposed Southport Centre at Cedar Avenue and County Road 42. The new general merchandise store is planned to open in the fall of 1990. Bill McNale, of Ryan Construction, was present and said they are still working with Dakota County and the PCA on necessary permits, but are progressing satisfactorily and hope to meet the schedule. Mayor Branning called the public hearing to order at 8:29 p.m. to PUBLIC HEARING consider vacating a drainage and utility easement on Lot 1, Block 3, EASEMENT North Star Industrial Park, and noted receipt of the affidavit of pub- VACATION lication of the hearing notice. Mr. Lawe!l said this lot is being combined with unplatted property to the north in the Wirsbo project. The new plat of Wirsbo will relocate this easement on its new northern property line. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:30 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-148 completing vacation of the drainage and utility easement lying over the northerly five feet of Lot 1, Block 3, North Star Industrial Park, and authorizing recording the documents with Dakota County. Ayes - 5 - Nays ~ 0. RES. 1989-148 VACATE EASEMT. WIRSBO PROPERTY Mr. Lawell reviewed the provisions of the proposed 1990 City budget 1990 BUDGET and tax levy. As required by State Law, a public hearing will be held August 17, 1989, and notice of the hearing will be published in compliance with guidelines established by the State Department of Revenue. George Ballenger said the latest guidelines require the City to publish the hearing notice in the Minneapolis Star Tribune at an estimated cost of $2,200. Mayor Branning suggested holding off publication of the notice as long as possible because of the cost and because procedures for complying with the requirements appear to be changing. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-149 approving the 1990 proposed operating budgets, with revenues of $16,464,676 and expenditures of $16,392,673; and the 1989 tax levy, collectible in 1990, consisting of $5,347,513 for general purposes and $1,319,547 for debt purposes, totaling $6,667,060; and setting a public hearing on them at 8:00 p.m. on August 17, 1989, at City Hall. Ayes - 5 - Nays - 0. RES. 1989-149 PROPOSED 1990 BUDGET & TAX LEVY CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1989 Page 5 Mr. Kelley reviewed the Planning Commission report an apartment com- ACADEMY VILLAGE plex proposed in Academy Village consisting of three three-story APARTMENTS buildings. Vern Svedberg, the architect representing Maurer Construc- tion and Haymaker Construction, was present and showed samples of the brick and cedar building materials. The project will be known as Valley Ridge Apartment Buildings. Councilmember Savanick noted that she has been opposed to any apartments along Garden View Drive and opposes this proposal also. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 453 amending Planned Development No. 170, Subzone 3, on Lot 1, Block 1, and Lots 1 and 2, Block 3, Academy Village, to extend the maximum permitted internal building axis from 120 feet to 180 feet and delete the requirement which prohibits exposed balconies as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Savanick). ORDINANCE 453 AMEND P.D. 170 ACADEMY VILLAGE APT. STANDARDS VALLEY RIDGE BUILDING PERMIT ORDINANCE 454 REZONE SEC. 22 EXCEPTIONS RES. 1989-150 NORDIC WOODS 12 PLAT & AGREEMENT PRELIM. REPORT NORDIC WOODS 12 RES. 1989-151 VACATE PART OF 129TH STREET MOTION: of Goodwin, seconded by Holton, authorizing issuance of a building permit for Phase 1 of Valley Ridge Apartment Buildings on Lots 1 and 2, Block 3, Academy Village, in accordance with the site, grading and landscape plans submitted, as recommended by the Planning Commission. Ayes 4 - Nays - 1 (Savanick). MOTION: of Savanick, seconded by Humphrey, passing Ordinance No. 454 rezoning part of the Northwest Quarter of the Northwest Quarter of Section 22, south of 132nd Street and east of Cedar, (Solomonson, Feiner, Slavik, Livingston properties) from R-IA to R-lC as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-150, approving the preliminary and final plats, with a revised cul de sac; and the development agreement for Nordic Woods 12th Addition, located north of the Zoo Road and east of Galaxie, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton directing the City Engineer to prepare a preliminary feasibility report for public improvements to serve Nordic Woods 12th Addition. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1989-151 setting a public hearing at 8:00 p.m. on August 24, 1989, to consider vacating part of 129th Street in Nordic Woods 8th Addition; now being replatted as Nordic Woods 12th Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1989 Page 6 MOTION: of Holton, seconded by Goodwin, denying the request for a sideyard setback variance for a deck on Lot 8, Block 2, Scottsbriar (14321 Everest Avenue) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Welsch reviewed the recommended changes to the City Code involving dimensional aspects of parking lots as contained in the memo dated July 27, 1989. DENY SETBACK VARIANCE PARKING CODE AMENDMENTS MOTION: of Holton, seconded by Savanick, passing Ordinance No. 455 amending Sections Al-61, A1-62 and A1-63 of Appendix A of the City Code related to size of parking stalls, joint parking facilities, proof of adequate parking and required off- street parking for multiple dwellings as recommended by the Planning Commission. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 69577 through 69600, 69603 through 69745 and 69781 through 69903, in the total amount of $28,717,217.14. Ayes - 5 - Nays ~ 0. ORDINANCE 455 PARKING CODE AMENDMENTS CLAIMS & BILLS MOTION: of Humphrey, seconded by Holton, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:31 o'clock p.m.