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HomeMy WebLinkAbout08/10/1989CITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 10th, 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: City Administrator Melena, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Project Engineer Aune, Personnel Director Boland, Forestry Specialist Brackee, Public Works Director Gretz, Park & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell 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 Savanick, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA JULY 27, 1989 MINUTES AUDIENCE DISCN. CONSENT AGENDA MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of July 27th, 1989, 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. There was no one present to speak. MOTION: of Holton, seconded by Savanick, moving liquor license fees to the regular agenda, deleting Alimagnet party permit from the agenda and adding hiring an additional parttime employee to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, setting regular Council meetings on September 7 and 21, 1989, at 8:00 p.m.; and setting informal Council meetings on August 17, 1989, at 6:00 p.m., and on September 14, 1989, at 8:00 p.m. Ayes - 5 ~ Nays - O. SET MEETING SCHEDULE MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-152 requesting Dakota County to initiate a study of the intersection of County Road 31 (Pilot Knob Road) and County Road 33 (Diamond Path) to determine necessary traffic controls. Ayes - 5 - Nays - 0. RES. 1989-152 INTERSECTION STUDY CR 31/33 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-153 establishing 3.51 miles of County Road 46 (160th Street) from County Road 9 to the west City limits as a Municipal State Aid Street. Ayes - 5 - Nays - O. RES. 1989-153 CR 46 STATE AID DESIGNATION CITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Page 2 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-154 awarding the contract for Project 88-318, Palomino Water Reservoir Repainttng, to T.M.I. Coatings, the low bidder, in the amount of $121,100.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving Change Order No. 1 to the contract with CECA Utilities for Project 89-326, Eagle Hills 1st Addition Improvements, in the amount of an additional $2,406.38. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-155 directing the City Engineer to prepare plans and specifications for Project 89-336, Eagle Hills 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-156 receiving the preliminary engineering report for Project 89-335, Nordic Woods 12th Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on September 7, 1989. Ayes - 5 ~ Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-157 setting a public hearing to consider vacating drainage and utility easements on Lots 19 and 20, Block 2, Heritage Hills. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savantck, approving issuance by the Minnesota Liquor Control Commissioner of a temporary on-sale liquor license for the Minnesota Zoo on September 15, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving an agreement with Cording-Natwick-Hilbert Architects for interior design services for Liquor Store No. 1 relocation at Apple Valley Shopping Center and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving an agreement with Business Records Corporation to provide maintenance services for optical scan election equipment and authorizing tho Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, granting a variance to allow 94 square feet of signage, rather and 40 square feet, for Mount Olivet Assembly of Cod Church, 14201 Cedar Avenue, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1989-154 AWARD CONTRACT PROJ. 88-318 CHANGE ORDER 1 PROJ, 89-326 RES. 1989-155 PLANS & SPECS. PROJ, 89-336 RES. 1989-156 SET HEARING .PROJ. 89-335 RES. 1989-157 VACATION HEARING HERITAGE HILLS ZOO TEMPORARY LIOUOR LICENSE LIQ. STORE 1 ARCHITECTURAL SERVICES VOTING EQUIP. MAINTENANCE AGREEMENT SIGN VARIANCE MOUNT OLIVET CHURCH CITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Page 3 MOTION: of Holton, seconded by Savanick, approving the appointments of Douglas J. Wallerich, Bruce Anderson, William L. Hill and Raymond T. Holm, Jr., as members of the Apple Valley Fire Department. Ayes - 5 - Nays - O. FIRE DEPT. MEMBERS SET GRIEVANCE HEARING POSITION RECLASSIFICATION TECHNICAL SPEC. PROMOTIONS HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Savanick, setting a hearing on the grievance, as requested by Joseph Dvorak and Keith Wassmund, at 7:30 p.m. on August 24, 1989, at City Hall. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Savanick, approving reclassifications from Maintenance II to Technical Specialist of two positions in Utilities, two in Streets and three in Parks and reclassification from the position of Administrative Clerk- Typist to Secretary. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, approving promotions to Technical Specialist, effective August 14, 1989, of Ronald Nelson and Carol Blommel in Utilities; Jeffrey Kehrer and Todd Kitzman in Streets and Scott Lockling, Richard Wiggin and John Ulness in Parks. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated August 10, 1989, and hiring Gary Olson as parttime Liquor Store Clerk. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:05 p.m. to PUBLIC HEARING consider amending Tax Increment Financing District No. 10, Wirsbo, WIRSBO TIF and noted receipt of the affidavit of publication of the hearing notice. Mr. Melena said amendment of this district will allow future development of phases two and three for Wirsbo Company to be included in the district which was established on June 22, 1989. Tim Keane, representing Wirsbo Company, was present and thanked the Council for its consideration. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:07 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-158 approving the amended Master Development Program and Tax Increment Financing Plan, specifically District No. 10, related to Wirsbo Company. Ayes - 5 ~ Nays - 0. RES. 1989-158 WIRSBO TIF AMENDMENT Mayor Branning called the public hearing to order at 8:09 p.m. on PUBLIC HEARING Project 88-310, Minnesota Zoo Storm Sewer Improvements and noted re- PROJ. 88~310 ceipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report and noted that though the Zoo requested the report, it asked that no action be taken at this time because they have not determined how the costs will be paid. CITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Page 4 Mayor Branning asked if flooding will be a concern by draining this area to the pond in Hidden Ponds? Mr. Gretz said since that pond was flooded in 1987, an outlet to the south has been installed and should not be a problem. Mr. Gordon said a manual valve can also be installed to close the storm sewer line should it be necessary. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:14 p.m. The Council received the City Administrator's memo dated August 7, TREE INSPEGTiOIq 1989, concerning a tree inspection program and Mr. Melena summarized PROGRAM the information contained in it. With the recurrence of disease in many trees in the City, particularly oak wilt, expansion of the forestry program is being recommended. It would be reorganized into a forestry/inspection division within Public Works. The program would develop into a long term reforestation effort to systematically replace trees. A budget adjustment is being requested to begin the program and revenue for it would be generated by building permit charges. MOTION: of Goodwin, seconded by Holton, approving implementation of a tree inspection program as a forestry/inspection division within the Public Works Department, as recommended in the City Administrator's memo dated August 7, 1989. FORESTRY/ INSPECTION PROGRAM Councilmember Savanick questioned instituting a building permit charge on all lots whether or not they have trees. Mr. Gretz said the charge has not been determined yet, but it could be based on the number of SAC units of a building, as other charges are. It would be intended to help pay for the entire program of maintain- ing trees on public property and providing advice about tree planting and reforestation. It would not pay for removing trees on private property. The property owner would have to pay that cost, as they do now, or if the City required removal of diseased trees, the cost could be specially assessed. Mr. Brackee briefly reviewed the procedures he uses to inform property owners of diseased tree problems and the remedies available. All residents have been sent post cards inviting them to a seminar on August 23, 1989, at 7:00 p.m., at Apple Valley Community Center, which will cover the topic in more detail. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-159 awarding a contract for the base bid only for Project 85-225, 153rd Street and Galaxie Avenue Utility and Street Improvements, to McNamara Contracting Co., the low bidder, in the amount of $2,083,063.85 subject to the City obtaining the necessary easements. RES. 1989-159 AWARD GONTRACI PROJ, 85~225 Mr. Gretz said construction will be in two phases. Utility, street and possibly the sidewalk will be installed this year and boulevard improvements will be completed next year. GITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Page 5 The Council received a letter dated August 10, 1989, from Peter Nasvik, of Concrete Design Specialties, who was also present. He explained the differences between Bomanite colored concrete, as specified for the sidewalks; and concrete color-dyed throughout, as allowed in Alternate No. 1. He reaffirmed that his experience with Bomanite shows it provides a longer lasting and more intense color. Examples of where color-dyed concrete were used are the Whitney Hotel (concrete colored with a product by the manufacturer of Bomanite) and Carlson Center (regular pigment colored concrete). Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, authorizing issuance of a building permit for a building addition on Lot 1, Block 1, Apple Valley Industrial Park 2nd Addition Replat (6975 West 146th Street), as recommended by the Planning Commission, subject to additional parking for five cars, extending the berm along Galaxie Avenue and landscaping and a revised architectural treatment of the building with plans prepared by an architect acceptable to the City. DAKOTA TRANS- MISSION BUILDING ADDITION The Council discussed the building exterior and concurred that some type of architectural treatment would be needed along the west side of the building, facing Galaxie Avenue, to help disguise the length. They asked for a review of revised plans when prepared. Bud Allstot, of Dakota Transmission & Auto Repair, was present and said they had planned to extend the berm along the entire length of the building. He agreed to revising the building plans. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwtn, denying a request by Midway National Bank for a sign variance to allow signage on four sides of the building on Lot 1, Block 1, Apple Valley Commons, as recommended by the Planning Commission. DENY MIDWAY BANK SIGN VARIANCE Dick McGuire, Vice President of Marketing for the Bank, was present and said because they are new to the area, they believe the additional is necessary. They would amend the request for signs on three sides; east, south and west. Councilmember Humphrey said that since the sign ordinance was written to particularly apply to a building such as this, he would prefer to see an amendment to the ordinance, if necessary, rather than grant a variance. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, referring the provisions of the sign ordinance for buildings in excess of four stories to staff for review and recommendation of any amendment if necessary. Ayes - 5 - Nays - 0. REFER SIGN ORDINANCE TO STAFF CITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Page 6 Residents of Strese Lane, south of Hayes Field, were present to dis- HAYES FIELD/ cuss drainage and the damages they incurred from flooding in March STRESE LANE of this year. Jim and Mary Dahlen, 161 Strese Lane; Jim and Mavis WATER DAMAGE Larson, 169 Strese Lane; and Grace Maxson, 165 Strese Lane; described the water damage resulting when snow melted quickly and the water ran into their backyards and basements instead of draining away. The City's insurance is paying for repairs to the basements, but will not pay to install drain tile systems because it considers that an improvement not a repair. The Dahlens have installed and paid for their own system. All indicated this was the first time they had water problems. Mrs. Maxson said there was water in her basement again after a rain two weeks ago and is concerned that she will not be able to sell her house. Mr. Lawell said he and other City Staff met with the residents yesterday and reviewed plans for a pathway and berming along the southern edge of Hayes Field. This should force drainage to the east and west rather than allowing it to flow into the backyards. However, there can be no guarantee that they will never have water in the basements again. He did investigate the concern about selling a house which has water problems. A homeowner only needs to disclose such matters and it does not prevent selling. Mr. Gretz said the pathway improvements are estimated at $7,000 and could be installed during the next several weeks. Councilmember Humphrey said the Council may not necessarily agree with the insurance company's decision on the drainage tile, but the City is not in a position to tell them how to settle. The other avenues available to the residents, if they disagree with the settlement, are arbitration or the courts. MOTION: of Savanick, seconded by Goodwtn, authorizing installation of pathway and berming improvements along the south boundary of Hayes Field at an estimated cost of $7,000.00. Ayes - 5 - Nays - 0. INSTALL HAYES PATHWAY The Council received the Public Works Director's memo dated August 7, LAC LAVON 1989, concerning storm sewer in the Lac Lavon area as the Council re- STORM WATER quested July 27, 1989. Mr. Gretz reviewed the details of his report pRAINAGE REPORT and noted that an area of only 210 acres drains into the lake. A Clean Lakes Grant application is being prepared to study and make recommendations for maintaining and/or improving the water quality. In addition, the City has been notified that a National Pollutant Discharge Elimination System Permit will be required prior to the installation of the Hyland Pointe storm sewer and will provide an additional examination of the system. Mayor Branning questioned comments made by the In-Fisherman organization that they were assured no other storm water would be discharged into the lake. Mr. Johnson said no such statements were made by staff or the Council to his knowledge. The Mayor said he was unaware the DNR had established Lac Lavon as a trout lake and said the City should be made aware of when another agency is taking such action. Mr. Johnson said the DNR took it upon itself to do trout stocking and did not request City approval. CITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Page 7 Wally Shaver, 15674 Highview Drive, was present and commented on the residents' concerns for the future of the lake in five or ten years. He reviewed some of the advice the neighborhood association is giving residents to help preserve the lake. The Council noted it is also concerned and Councilmember Savanick said citizens should be aware that the City has a master storm sewer plan and has taken steps to control runoff. MOTION: of Goodwin, seconded by Humphrey, appointing representatives to the 1-35W council as follows: elected official, Council- member Savanick; staff member, Tom Melena; business person, Nangy Ludwig; citizen at large, John P. Kline; and alternate, Tom Lawell. Ayes - 5 - Nays - 0. 1-35W COUNCIL APPOINTMENTS INSTALL GOLF PATHWAYS & OVERLAYS RES. 1989-160 SET HEARING AMEND TIF NO. 9 RES. 1989-161 SET HEARING EASEMT. VACATE RES. 1989-162 SET HEARING TIF DIST. 11 MOTION: of Goodwin, seconded by Holton, authorizing installation of pathway and asphalt overlay improvements at Valleywood Golf Course, as described in the City Administrator's memo dated August 8, 1989, estimated at $36,855.00 and amending the 1989 hudget to provide $20,855.00 of the estimated cost from the Golf Course fund balance. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1989-160 setting a public hearing at 8:00 p.m. on September 21, 1989, to consider amending the Development District and Tax Increment Financing Plan for TIF District No. 9 (Ryan/ Southport Centre). Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1989-161 setting a public hearing at 8:00 p.m. on September 7, 1989, to consider vacating drainage and utility easements in part of Section 34, the Southport area and south of future 153rd Street. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1989-162 setting a public hearing at 8:00 p.m. on September 21, 1989, to consider a Development Plan and establishing Tax Increment Financing District No. 11 including Lots 1 and 2, Block 2, North Star Industrial Park; Lots 1 and 2, Block 1, North Star Industrial Park 2nd Addition and part of Section 26. Ayes - 5 - Nays - 0. The Council received the City Clerk's memo dated August 7, 1989, con- LIQUOR/BEER cerning amendment of alcoholic beverage license fees. Ms. Mueller LICENSE FEES distributed information from some cities which charge fees based on square footage or volume of sales. Due to concerns raised during a meeting of licensees today, she recommended the increase for wine licenses be limited to 10 percent as is being suggested for liquor licenses. Councilmember Humphrey said he would prefer a fee schedule based on volume of liquor sales. He suggested the sales could be determined from State sales tax reports filed by the licensees. Mr. Melena said such a schedule could be developed, but there might be a problem for the City in verifying actual sales. CITY OF APPLE VALLEY Dakota County, Minnesota August 10, 1989 Page 8 MOTION: of Goodwin, seconded by Savanick, setting a public hearing at 8:00 p.m. on September 21, 1989, to consider amending liquor, beer and wine license fees as recommended except setting wine license fees at $1,000.00 and liquor license fees based on volume of liquor sales of less than $250,000 at $5,000.00; $250,001 to $500,000 at $7,000.00; and over $500,000 at $10,000.00. Ayes - 5 -Nays - 0. SET LICENSE FEE HEARING MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 69913 through 70039, 70049 through 70068, 70070 through 70102 and 70261 through 70332, in the total amount of $3,801,638.77. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:27 o'clock p.m.