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HomeMy WebLinkAbout08/14/1986CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 14th, 1986, at 8:00 ofclock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick: City- Administrator Asleson and City Clerk Mueller. ABSENT: None. 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 - 0. APPROVE AGENDA CONSENT AGENDA CHANGE ORDER 2 PROJ. 86-243 REDUCE SUBDIVI- SION GUARANTEES VARIANCE 7150 WEST 125TH ST. VARIANCE 12565 GERANIUM COURT VARIANCE LOT 5, BLK 1, OAKS OF APPLE VALLEY III SIGN VARIANCE TCYB YOGURT MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contracting for Project 86-243, 1986 Street Maintenance Program, in the amount of an addi- tional $6,652.05. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Coodwin, authorizing reduction of development guarantees for Morningview 2nd Addition from $140,300 to $20,483.28 and for Diamond Path 5th Addition from $2,000 to zero. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a variance for a mobile home carport at 7150 West 125th Street allowing the rear corner to be 11 feet, 6 inches, from the adjacent home provided the carport is constructed with metal as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a variance for a mobile home carport at 12565 Geranium Court allowing the side to be 11 feet from the adjacent home provided the carport is constructed with metal as recommended by the Planning Com- mission. Ayes 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting'a sideyard setback variance for Lot 5, Block 1, Oaks of Apple Valley III, to allow construction to within 2.7 feet of the east side lot line, subject to vacation of five-foot easement and dedica- cation of additional easement on Lot 4, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a sign variance for TCBY Yogurt, at Apple Valley Square Shopping Center, allowing two building signs for the corner location, with each sign CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Page 2 being a maximum of 41 square feet, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a variance for Lot 1, Block 1, Padlock, to allow up to 46 percent building coverage as submitted on the revised site plan, subject to submitting revised grading and drainage plans, as recommended by the Planning Commission. Ayes - 5 - Nays - O. VARIANCE LOT 1, BLK 1, PADLOCK MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 165 reapproving the final plat and development agreement for the "Padlock" subdivision and changing the name to "Balboa". Ayes - 5 - Nays - 0. RES. 1986-165 BALBOA PLAT & AGREEMENT MOTION: of Holton, seconded by Goodwin, accepting Project 82-3(2), Central Trunk Diversion Phase II, as final and authorizing final payment on the contract with Fischer Sand & Aggregate in the amount of $1,000. Ayes - 5 - Nays - O. FINAL PAYMENT PROJ. 82-3(2) MOTION: of Holton, seconded by Goodwin, accepting Project 86-24~, 155th Street Improvements, as final and authorizing final payment on the contract with Hydrocon, Inc., in the amount of $27,689.96. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 86-244 FINAL PAYMENT PAINTING FIRE STNS 2 & 3 JULY 24 & 30, 1986 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Goodwin, accepting Painting Fire Stations 2 and 3 as final and authorizing final payment on the contract with Allied Painting & Renovating in the amount of $6,000.00. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Humphrey, approving the minutes of the regular meeting of July 24th, 1986, and the special meeting of July 30th, 1986, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if anyone was present at this time to address the Council on any item not on this meeting's agenda. There was no one present to speak. Police Chief Rivers said Police Officers Anglin and Pritzlaff have AM. HEART ASSN. been selected to receive the American Heart AssociAtion's Disting- AWARD - ANGLIN uished Service Award. He then introduced Kevin Raun, ALF Ambulance & PRITZLAFF Director, who nominated the Officers for the award. Mr. Raun described the events of May 2, 1986, when the Officers and Sgt. Cook responded to a medical call. David Ohmann, a 12-year old, was not breathing. CPR was given by Officers Anglin and Pritzlaff, with Sgt. Cook assisting, until David was transported to the hospital by the paramedics. He has subsequently undergone open heart surgery and is now recovering. The Mayor read letters of commendation from the Council to the individuals involved. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Page 3 Mary Ann McNeil, of the American Heart Association, and David Ohmann presented the awards to Officers Anglin and Pritzlaff. Ms. McNeil said the award is designed for individuals who are not EMT's, but have performed an outstanding emergency service. Mr. Raun said he would like to recognize the team effort provided by the Fire Department in assisting and he gave an award from ALF Ambulance to the Department and noted awards will also be given to Patti McCauley and Marvin Calvin, the paramedics involved. MOTION: of Holton, seconded by Goodwin, promoting Craig Anglin to the position of Police Sergeant effective August 30, 1986, as recommended by the Police Chief. Ayes - 5 - Nays - 0. PROMOTE ANGLIN TO SERGEANT Mayor Branning called the public hearing to order at 8:17 p.m. on PUBLIC HEARING Project 86-258, Morningview Street Improvements, and noted receipt of PROJ. 86-258 the affidavit of publication of the hearing notice. Keith Gordon re- viewed the preliminary engineering report describing the work which will consist of completing Granada from 157th to 160th Street and Griffon from Granada to Hanover. The Mayor asked for questions or comments; there were none and the hearing was declared closed at 8:18 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-166 ordering installation of Project 86-258, Morningview Street Improvements. Ayes - 5 - Nays -0. RES. 1986-166 ORDER PROJECT 86-258 RES. 1986-167 TARE BIDS PROJ. 86-258 MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1986-167 approving plans and specifications for Project 86- 258 and authorizing advertisement for bids to be received at 2:00 p.m. on September 9, 1986. Ayes - 5 - Nays - 0. Tom Lawell introduced Steve Lepinski, Executive Director of Store- JUSTICE DEPT. front/Youth Action organization. Mr. Lepinski said his organization COUNSELING provides counseling services for youth and their families and have GRANT APPLICATN been asked by Community Action Council and School District 196 to in- vestigate providing such services in this area. The State of Minnesotals Juvenile Justice Grant Program has funds available for such a program; however, the grant ap- plication must be approved by a local unit of government, thus he was referred to the City by the School District. The grant for $38,605 would be used for two people to provide counseling services in this area. Councilmember Holton said he believes this is a needed service, but it should be re- cognized that this is initial help only and the City would probably not be able to provide future funding. Mr. Lepinski said he understands that and some cities, par- ticularly in suburban Hennepin County, do continue to fund these programs. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 164 approving application to the Minnesota Department of Energy and Economic Development by the City, as sponsor and grantee, for the Youth and Family Counseling Program of Storefront/Youth Action organization from October 1, 1986, to October 1, 1987. Ayes - 5 ~ Nays ~ 0. RES. 1986-164 STOREFRONT/ YOUTH ACTION GRANT APPLICATN CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Page 4 The Council received an application from Nancy Barlaw for a kennel to KENNEL PERMIT keep six cats and a letter from the City Attorney commenting on the APPLICATION application. Mr. Sheldon advised that the City Code restricts kennels for more than three dogs or eats from being located within 500 feet of a residential dwelling other than the ownerts. The options for the Council are to deny the application, amend the nttmber of animals allowed or amend the distance requirement. MOTION: of Holton, seconded by Goodwin, amending Chapter 5 of the City Code by amending the kennel definition to be for more than three adult dogs or more than six adult eats. AMEND KENNEL DEFINITION Nancy Barlaw was present and described how the cats, which she keeps for show purposes, are maintained inside her home. She said she would be willing to pay a fee for a permit to keep the cats, but she believes the 500-foot restriction should not apply when animals are kept inside. Mr. Sheldon said Ms. Barlaw is referring to what is called a "cattery" and if the Council desires to establish such a provision in the Code an amendment could be prepared. MOTION: of Goodwin, seconded by Holton, tabling consideration of this item until September 25, 1986, and directing Staff to prepare a City Code amendment providing for a cattery for considera- tion. Ayes - 5 - Nays - O. TABLE & PREPARE CATTERY AMENDMT SETBACK VARIANCE 224 PINEWOOD DR. MOTION: of Humphrey, seconded by Goodwin, granting a variance to allow construction to within 16 feet of the east lot line for a garage addition on Lot 3, Block 3, Apple Valley Addition (224 Pinewood Drive). The Council received the Planning Commission report which recommended against the var- iance. Mr. Nusser, the petitioner was present, and described his need for the variance. He presented a petition signed by surrounding property owners concurring with the re- quest. He said he has redrawn his plan and it would fit in a 17.5-foot setback instead of 16 feet. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, granting a variance to allow construction to within seven feet of the lot line on the "house" side of Lot 12, Block 5, Sunshine Estates. VARIANCE LOT 12 BLK 5, SUNSHINE ESTATES - DENIED The Council received the Planning Commission report which recommended against the var- iance. Councilmember Holton said a hardship does not appear to exist because the house could be reversed on the lot and constructed without a variance. Vote was taken on the motion. Ayes - 0 - Nays - 5. Motion Failed. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-168 approving the final plat and development agreement for Briar Oaks of Apple Valley 1st Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. RES. 1986-168 FINAL PLAT & AGREEMENT BRIAR OAKS 1ST ADDN. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Page 5 MOTION: of Holton, seconded by Humphrey, approving a Joint Powers Agreement with the City of Eagan to provide sanitary sewer service for the ll7-acre area, in which Briar Oaks is con- tained, as designated on the Master Plan to be served by Eagan and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. EAGAN SEWER SERVICE J.P. AGREEMENT RES. 1986-169 AWARD CONTRACT PROJ. 86-248 RES. 1986-170 TAKE BIDS PROJ. 86-256 RES. 1986-171 TAKE BIDS PROJ. 86-247 RES. 1986-172 PLAT & AGREEMENT GRANDVIEW MANOR RES. 1986-173 STOP SIGNS 140TH & PENNOGK RES. 1986-174 PLAT & AGREEMENT OWEN PLAT ONE MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1986-169 awarding the contract for Project 86-248, Briar Oaks Trunk Improvements, to Richard Knutson, Inc., the low bidder, in the amount of $176,180.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 170 approving plans and specifications for Project 86-256, Scottsbriar 2nd Addition Improvements, and authorizing adver- tisement for bids to be received at 2:00 p.m. on September 9, 1986. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1986-171 approving plans and specifications for Project 86- 247, Timberwick 8th Addition Improvements, and authorizing advertisement for bids to be received at 2:00 p.m. on September 9, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-172 approving the final plat and development agreement for Grandview Manor with the revised ponding dedication re- quirements and authorizing the Mayor and Clerk to sign the same; said approval subject to changing the street name to "Pennock". Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-173 authorizing installation of four-way stop signs at the intersection of 140th Street and Pennock Avenue. Ayes 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-174 approving the final plat and development agreement for Owen Plat One and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Mr. Kelley requested that consideration of the cross easement agreement be tabled until James Shelton, of PDQ, has had a chance to review it and the Council concurred. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-175 receiving the preliminary engineering report for Project 86-257, Fischer Storm Pond Construction, and setting a public hearing on it at 8:00 p.m. on September 11, 1986. Ayes - 5 - Nays - 0. RES. 1986-175 SET HEARING PROJ. 86-257 CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Page 6 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-176 directing the Engineer to prepare plans and speci- fications for Project 86-257 prior to the public hearing. Ayes - 5 - Nays - 0. RES. 1986-176 PREPARE PLANS PROJ. 86-257 RES. 1986-177 PLAT & AGREEMENT DELANEY PARK 1ST RES. 1986-178 SET HEARING EASEMENT VACATN. CONSIDER VEHICLE REPAIR FACILITY VARIANCE & PER. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-177 approving the final plat and development agreement for Delaney Park First Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1986-178 setting a public hearing at 8:00 p.m. on September 11, 1986, to consider vacating portions of drainage and utility easements in Blocks 13 and 14, Morningview 2nd. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, removing consideration of a finding of fact for denial related to a motor vehicle repair facility from the agenda and substituting consideration, of.~ the petitioner's request. Ayes - 5 - Nays - 0. The Council reviewed revised building plans from those tabled July 24, 1986, which now show rock face block on the west side of the building and half block and half cedar on the other three sides. Mr. Kelley said the variance is required because the City Code prohibits garage bay doors in the industrial area from facing a residential area and the building has been located to make this accommodation. The petitioners were present and said this revised plan is what they are submitting for consideration. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit in accordance with revised plans presenned, for a motor vehicle repair facility on Lot 1 Block 1 Apple Valley Industrial Park 2nd Addition Replat, and.granting a variance to allow construction of the building to within 25 feet of the west lot line, subject no submittal of a detailed landscape plan, as recommended by the.planning Commission. Ayes - 5 ~ Nays - O. BLDG PERMIT & VARIANCE, LOT 1 BLK 1, A.V. IND. PARK 2ND REPLAT RES. 1986-179 APPOINT PRIMARY ELECTION JUDGES MOTION: of Savanick, seconded by Goodwin adopting Resolution No. 1986-179 appointing election judges for the September 9 1986, Primary Election as listed and increasing their sal- aries to $4.00 per hour for Judges and $4.50 per for Precinct Supervisors. Ayes - 5 - Nays - 0 The Council received Mr. Gurban's memo dated August 11, 1986, concern- NEWELL DRIVE ing Newell Drive parking problems related to activities an Cedar Park PARKING School's fields. Subject to receiving permission from Northern Natural Gas, a 40-car parking lot could be constructed on the pipeline easement ar a cosn .. estimated at $19,000. If this is to be done, he suggested it be bid along with the 1987 street maintenance program. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Page 7 The Council discussed whether such construction should be considered because this is a temporary problem for four months of the year. It was requested that the problem be monitored when the fall soccer season starts at Cedar Park and be brought back to the - Council after the first Saturday in September. MOTION: of Goodwin, seconded by Humphrey, approving hiring Randy Johnson for the position of Recreation Services Manager ef- fective September 22, 1986, at an annual salary of $30,500. HIRE JOHNSON RECREATION SERVICES MGR. The Council received Mr. Gurban's memo dated August 14, 1986, recommending the hiring. Councilmember Goodwin commented on the recruitment and salary setting process for this position and said now that the City has a Personnel Director on staff that person should be used in the process. He suggested the Council discuss the system and policy for personnel recruiting and salary setting guidelines at an informal meeting. Councilmember Savanick asked for an explanation of the job description for this position. She said she was not aware that the Assistant Park and Recreation Director duties were no longer included. Mr. Gurban reviewed the purpose of the position which will be to supervise the expanded recreational facilities emerging as a result of the bond issue. It was his opinion this position was necessary at this time. Using a team approach with other supervisory personnel in the department, he believes the assistant duties will still be covered. Mayor Branning said the Personnel Director should be asked to look at the City's or- ganization and help determine whether an assistant position would be recommended in the future. He agreed he would like to see a policy and system on employment policies, salaries, etc., established for the City. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring Debra Harrison for the position of Clerk-Typist in the Police Department effective August 18, 1986, at a salary of $1,025.00 per month. Ayes - 5 - Nays - 0. HIRE HARRISON CLERK-TYPIST GARRAHAN & TURNER PARK COM. RESIGNATNS SPECIAL USE HALL'S PLANTS MOTION: of Goodwin, seconded by Holton, accepting the resignations of Kenneth Garrahan and Wayne Turner from the Park Committee and requesting that individuals interested in appointment to the Committee submit applications. Ayes - 5 - Hays - 0. MOTION: of Humphrey, seconded by Holton, approving a special use permit for Gary Hall, d/b/a Hallfs Plants & Foliage, to sell plants from a truck at Minnehaha Falls Nursery from August 29 through September 8, 1986. Ayes - 5 - Nays - 0. The Council received a memo dated August 12, 1986, from Mr. Gurban ATHLETIC COMPLEX concerning signage during construction of the new athletic complex. SIGNAGE He noted the signs would also advise new residents moving into the area between Johnny Cake and Pilot Knob Roads of the park area which Will include lighted fields. The Council concurred with installation of the signage. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1986 Page 8 MOTION: of Savanick, seconded by Humphrey, to pay the claims and bills, checks numbered 31113, 49839 through 49858, 49867 through 49955, 49965 through 50062, 50071 through 50137, 50139 through 50146, 50149 through 50160, 50162 through 50165, 50167 through 50198, 50200 and 50204 through 50213, in the total amount of $5,356,577.33. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays ~ 0. The meeting was adjourned at 10:37 o'clock p.m.