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HomeMy WebLinkAbout09/07/1989CITY OF APPLE VALLEY Dakota County, Minnesota September 7, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 7th, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin (attended at 8:04 p.m.), Holton, Humphrey and Savanick. ABSENT: None. 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 City Administrator Lawell, Police Chief Rivers 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 Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA AUDIENCE DISCN. CONSENT AGENDA GEORGE'S MARKET LICENSES ZOO TEMPORARY LIQUOR LICENSE RES. 1989-177 WHITNEY NO PARK- ING AT SOUTNVIEW CHANGE ORDER 1 PROJ. 88-316 Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Holton, seconded by Humphrey, moving the Liquor Store Lease to the regular agenda, adding a proclamation for Constitution Week to the consent agenda and approving the items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, approving filling station and cigarette sales licenses for the balance of 1989 for George's Market, Inc., at 220 County Road 42. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a temporary on-sale liquor license by the Minnesota Liquor Control Commission for the Minnesota Zoo on September 23, 1989. Ayes - 4 - Nays ~ 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-177 establishing a no parking zone along the north side of Whitney Drive for the first 75 feet west of Garden View Drive. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 1 to the contract with Husting & Engstrom for Project 88-316, Water Park (Apple Valley) Apartment Storm Sewer, in the amount of an additional $1,499.60. Ayes - 4 - Nays ~ 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 7, 1989 Page 2 MOTION: of Holton, seconded by Humphrey, approving Change Order No. 3 to the contract with CECA Utilities, Inc., for Project 88- 313, Rolling Ridge Improvements, in the amount of an additional $2,691.00. Ayes - 4 - Nays * 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 2 to the contract with McNamara Contracting for Project 89- 315, Guild Avenue Improvements, in the amount of an additional $27,840.21. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving reduction of the subdivision financial guarantee for Valley Way Village 7th Addition from $113,770 to $91,670. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Humphrey, directing the Engineer to prepare a preliminary feasibility report for public improvements to serve Outlots A and B of East Valley Plaza as petitioned by the property owners. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-178 approving the final plat and development agreement for Timberwick Ninth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving a Surveyor's Certificate of Correction to Plat for the common lot line between Lots 9 and 10, Block 1, Royal Oak Estates, as prepared by Delmar H. Schwanz and dated August 30, 1989. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, granting setback variances for Lot 10, Block 1, Royal Oak Estates, to allow construction of a structure to within 20 feet of the front lot line and nine feet of the north side lot line as recommended by the Planning Commission. Ayes - 4 ~ Nays - O. MOTION: of Holton, seconded by Humphrey, approving the First Amendment to Lease Agreement Between the City and Dakota County for the yard waste compost site, granting an option to renew for an additional 24 month, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays ~ 0. MOTION: of Holton, seconded by Humphrey, approving the amendments to the 1990 budget relating to transferring the Forestry division to Public Works and Golf Course temporary employees and contained in the Parks & Recreation Director's memos dated August 31, 1989. Ayes - 4 - Nays - 0. CHANGE CHANGE PROJ. REDUCE WAY 7th BOND EAST VALLEY. PLAZA OUTLOTS PRELIM. RES. 1989- 178 FINAL PLAT TIMBERWICK 9th ROYAL OAK ESTATES SURVEY CORRECTION VARIANCES LOT BLOCK 1, OAK ESTATES YARD WASTE LEASE AMENDMENT 1990 BUDGET AMENDMENTS CITY OF APPLE VALLEY Dakota County, Minnesota September 7, 1989 Page 3 MOTION: of Holton, seconded by Humphrey, approving a parental leave of absence for Heidi McQuoid, Police Dispatcher, from September 13, 1989 to January 6, 1990. Ayes - 4 - Nays - 0. McQUOID LEAVE OF ABSENCE HIRE WAGNER POLICE DISPATCH HIRE PARTTIME EMPLOYEES PROCLAIM CONSTI- TUTION WEEK MOTION: of Holton, seconded by Humphrey, approving hiring James Wagner for the position of Police Dispatcher effective September 20, 1989. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the various parttime and seasonal employees listed in the Personnel Director's memo dated September 7, 1989. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Humphrey, proclaiming September 17 through 23, 1989, as "Constitution Week" and urging citizens to the Federal Constitution and the advantage of American citizenship. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Melena reviewed the final revised details of the proposed lease LIQUOR STORE 1 with Apple Valley Shopping Center for relocating Liquor Store No. 1, LEASE AV CENTER as contained in the City Attorney's memo dated September 7, 1989. The square footage numbers, in Exhibit C to the lease, are now finalized at 3,340 square feet for warehouse/storage and 6,129 square feet for retail purposes. (Councilmember Goodwin attended during this time.) MOTION: of Humphrey, seconded by Goodwin, approving the lease for Liquor Store No. 1 on part of Lot 1, Block 1, Levine Subdivision, as presented with revisions on September 7, 1989, with Apple Valley Shopping Center for 9,469 square feet at $6,037.50 per month for five years, with an option to renew for an additional five years and authorizing the Mayor and Clerk to sign the same. APPROVE LIQUOR STORE 1 LEASE AGREEMENT Councilmember Holton said normally he would prefer to own the building, but due to uncertainty of future legislation affecting off-sale liquor, he believes the City should proceed with a lease rather than building. The other Councilmembers concurred. Vote was taken on the motion. Ayes - 5 - Nays ~ 0. Mayor Branning called the public hearing to order at 8:09 p.m. on PUBLIC HEARING Project 89-335, Nordic Woods 12th Addition Utility and Street PROJ. 89-335 Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the proposed project, estimated at $45,900, as detailed in the preliminary engineering feasibility report dated July 31, 1989. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:11 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota September 7, 1989 Page 4 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 179 ordering installation of Project 89-335, Nordic Woods 12th Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1989-179 ORDER PROJECT MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-180 directing the Engineer to prepare plans and specifications for Project 89-335. Ayes ~ 5 - Nays - 0. RES. 1989-180 PLANS & SPECS Mayor Branning called the public hearing to order at 8:12 p.m. to PUBLIC HEARING consider vacating drainage and utility easements on Lots 19 and 20, EASEMENT Block 2, Heritage Hills, and noted receipt of the affidavit of pub- VACATION lication of the hearing notice. Approval was given for one house to be built on these lots, over the easements, in 1975 and the owner is now requesting vacation of the easements in connection with refinancing a mortgage. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:13 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 181 completing vacation of the drainage and utility easements lying over the easterly five feet of Lot 19 and the westerly five feet of Lot 20, Block 2, Heritage Hills, (8095 Upper 129th Court) and authorizing rocording the documents with Dakota County. Ayes - 5 - Nays - 0. RES. 1989-181 VACATE EASEMT. HERITAGE HILLS Mayor Branning called the public hearing to order at 8:14 p.m. to PUBLIC HEARING consider vacating drainage and ponding easements in part of the EASEMENT VACATE Northwest Quarter of Section 34, and noted receipt of the affidavit SOUTHPORT AREA of publication of the hearing notice. Mr. Gretz said there are two easements involved, located partly on the Southport Centre site and south of 153rd Street. The City will be receiving a revised easement to replace one of the easements. The other involves a private easement in which the City is vacating its interest. The appropriate documents will be prepared for the September 21, 1989, meeting to complete the vacations and acquire the revised easement. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:15 p.m. MOTION: of Goodwin, seconded by Holton, approving an Agreement with the Winkler Estate, D. W. Investment Co. and D.C.B. Southport relating to dedication of 153rd Street, Garrett Avenue, Calaxie Avenue and associated utility, ponding and temporary construction easements in return for the City constructing improvements in Project 85-225 without cost, other than the City's usual trunk area utility charges, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. EASEMENT & ASSESSMENT AGREEMENT SOUTHPORT AREA CITY OF APPLE VALLEY Dakota County, Minnesota September 7, 1989 Page 5 MOTION: of Goodwin, seconded by Savanick, approving an Agreement with the Winkler Estate for purchase of the 12.173-acre armory/ park site, north of County Road 42 between 147th Street and Hayes Road, for $360,000 and dedication of a 7.5116-acre ponding easement in the Apple Ponds area and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 1. ARMORY/PARK PURCHASE AGREEMENT Mr. Melena advised the Council that Staff has been in contact with the HYLAND POINTE Pollution Control Agency in connection with the NPDES permit required LAC LAVON for Hyland Pointe Shores. They advised that the City has not been PCA PERMITS ordered to stop installation of utilities. They further stated that they do not expect diversion of all storm water from Lac Lavon, but that steps should be taken to preserve the lake water quality. Mr. Welsch said the City could proceed to award the contract for Project 89-329 to get ground cover on the area as soon as possible. We also would continue to work with the PCA on the NPDES permit application. Other actions for the City to consider would be preparation of a lake monitoring system, ordinances limiting the flow of nutrients into the lake and input from the watershed district. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 182 awarding the contract for Project 89-329, Hyland Pointe Shores Utility and Street Improvements, to Arcon Construc- tion, the low bidder, in the amount of $209,884.20. RES. 1989-182 AWARD CONTRACT PROJ. 89-329 Councilmember Savanick asked if all the streets in the development will be public streets? Mr. Gordon said one small cul de sac for duplexes will be private, but it will be constructed as part of this contract. Ms. Savanick noted that if property is controlled by an association, any lake water quality restrictions should be more enforceable than in the single family area. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, referring consideration of Lac Lavon water quality conditions to the Black Dog Water Management Organization for its review. Ayes - 5 - Nays - 0. REFER LAC LAVON TO BLACK DOG WMO The Council received the City Administrator's memo dated September 1989 GOAL 1, 1989, on goal setting review. Mr. Melena reviewed the list of SETTING REVIEW goals which were established for 1989 and gave a progress report on each of the ten items. He also reviewed the next 14 goals listed and what had been accomplished on many of them. The Council commended and thanked the Administrator and Staff for the work thus far. Mr. Welsch said Ryan Construction is planning to begin construction of SOUTHPORT CENTRE Southport Centre in October with occupancy scheduled for September of STATUS REPORT October of 1990. The details of the contract for development are being completed and will be scheduled for the September 21, 1989, meeting, along with other items on this development, including setting a bond sale for October 10th. CITY OF APPLE VALLEY Dakota County, Minnesota September 7, 1989 Page 6 Mr. Gretz distributed copies of invitations, which have been mailed, WATER for the grand opening of the new Water Treatment Facility on September GRAND 16, 1989. Mayor Branning will conduct the ribbon cutting ceremony at 12:00 noon and tours will be givon throughout the afternoon, until 4:00 p.m. The Council received a tentative agenda for the September 14th, 1989, informal work session and concurred with beginning the meeting at 6:00 p.m. MOTION: of Humphrey, seconded by Holton, to pay the claims and bills, CLAIMS cheeks numbered 70617 through 70685, 70687 through 70757, 70761 through 70821 and 70823 through 70840, in the total amount of $3,310,190.43. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:06 o'clock p.m.