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HomeMy WebLinkAbout06/27/1985CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 27th, 1985, at 8:00 o'clock p.m. at the City Hall PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; City Administrator Asleson and City Clerk Mueller. ABSENT: None. Mayor Branning announced Apple Valley would be officiallyreceiving its STAR CITIES designation as a Star City tonight, tie gave some background information DESIGNATION about the City and its growth. Councilmember Goodwin described the Star Cities Program which purpose is for a community to develop its capacity to undertake development and be prepared to react to development proposals. The City appointed a task force to prepare a report on data and statistics about the community and plans for development on a one and five-year basis. On April 30, 1985, a presen- tation was made to the Department of Energy and Economic Development. Mayor Branning introduced the task force members, Joe Nordlund, John Voss, Tom Lawell, John Gretz and Bruce Maus as well as Councilmember Goodwin. He also thanked the members of the Apple Valley Area Economic Development Corporation and Chamber of Commerce who worked with and influenced the process. Mark Dayton, Commissioner of the Minnesota Department of Energy and Economic Devel- opment, was present. He introduced Bob Stern who had worked with Apple Valley on its program and commented on the statewide Star Cities program. He said the State has now expanded its efforts in this area and can continue to work cooperatively with cities on an ongoing basis to bring about results from the program. He then presented a plaque to the Mayor making the Star City deisgnation for Apple Valley official. Mayor Branning called the meeting to order at 8:18 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 to- night's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA CONSENT AGENDA VARIANCE LOT 3, BLK 1, CARROLLWOOD 6TH REDUCE VALLEY WAY VILL. BOND RES. 1985-127 INCREASE PETTY CASH FUND MOTION: of Holton, seconded by Goodwin, approving all items on the con- sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, granting a frontyard setback variance for Lot 3, Block 1, Carrollwood Village 6th Addition, to allow construction of a decorative appurtenance to within 29 feet of the street right-of-way. Ayes - 5 - Nays - o. MOTION: of Holton, seconded by Goodwin, approving reduction of the letter of credit for Valley Way Village improvements from $67,650 to $30,000. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 127 amending Resolution No. 1981-47 by increasing the Petty Cash' Fund at City Hall to $500 effective immediately. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1985 Page 2 MOTION: of Holton, seconded by Goodwin, approving a temporary on-sale 3.2 beer license for Apple Valley American Legion Post 1776 at Hayes Field on July 4, 1985. Ayes - 5 - Nays - O. LEGION TEMP. BEER LICENSE HIRE PARTTIME EMPLOYEES JUNE 6, 1985 MINUTES JUNE 10, 1985 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the memo from the City Administrator dated June 24, 1985. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the special meeting of June 6th, 1985, as written. Ayes - 4 - Nays - 0 (Savanick Abstained). MOTION: of Nolton, seconded by Savanick, approving the minutes of the regular meeting of June 10th, 1985, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). 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. Mr. Asleson said the purpose of the amendment to Development District No. PUBLIC HEARING 1 is to remove part of the property and allow the Dakota County HRA to TAX INCREMENT establish it as a County HRA District. The site would be used for a DIST. A.V. 208-unit apartment complex for the elderly adjacent to Apple Valley HEALTH CARE Health Care Center. The separate district would allow tax increment CTR./APT. financing to be used for a housing rate reduction program, without which the project would probably not proceed. It has passed through the County Board and HRA already but the hearing should be continued until July 11, 1985, in or- der to comply with providing notification to the School District. Mayor Branning called the public hearing to order at 8:23 p.m. and noted receipt of the affidavit of publication of the hearing notice on removing part of Lot 1, Block 5, Apple Valley Commercial Addition from Development District No. 1. He asked for questions or comments from the Council and the public. There were none and the hearing was continued until 8:00 p.m. on July i1, 1985. Mr. Gurban introduced Jerry Zierdt and Sherry Rhodes, Chairman and Publicity Chair of the 4th of July Committee, respectively, for the City's 19th annual celebration. Mr. Zierdt reviewed the activities planned. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 128 proclaiming July 4, 1985, as "The 19th Annual Apple Valley 4th of July Celebration" and encouraging citizens to partici- pate. Ayes - 5 - Nays - 0. RES. 1985-128 PROCLAIM 4TH oF JULY Mr. Gretz distributed copies of Resolution No. 1985-115, a map showing the location of the stop sign, Highway Department Warrants for Stop Sign and two petitions, one requesting two stop signs at 135th and Henna Avenue and one opposing the stop sign. The sign was approved June 10, 1985, and residents are requesting reconsideration. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1985 Page 3 Mr. Gretz said he asked the Dakota County Traffic Engineer to review the intersec- tion and his opinion was if a stop sign is installed, it should be on 135th Street westbound at Henna Avenue as approved. He also suggested a yield sign might be more appropriate and it is questionable whether the warrants for a stop sign are met. Mr. Sheldon said since this is somewhat of a gray area and appears to be dis- cretionary, the Council would have the ability to order the stop sign or remove it. MOTION: of Holton, seconded by Goodwin, to reconsider Resolution No. 1985- RECONSIDER 115 as adopted June 10, 1985. Ayes - 5 - Nays - 0. RES. 1985-115 STOP SIGN The motion then before the Council was: MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 115 authorizing installation of a stop sign on 135th Street, westbound at its intersection with Henna Avenue. Mrs. Kit Johnson, representing residents requesting two stop signs on 135th Street, said one stop sign does not alleviate the problem and would prefer the eastbound stop sign over the westbound one. They believe items 1 and 4 of 2B-5, Warrants for Stop Sign apply. There are 24 children on Henna Avenue and many new homes have increased traffic in the area. There have not been any accidents yet, but believe there will be and those living closest to the intersection see the hazard. Mr. Joe Shallcross, representing residents opposed to the stop sign, said they would like to hear other suggestions as to what might be done. Speed limits in the residential areas are low and there are no other stop signs on side streets within the subdivision. How many accidents have there been in the area. The view seems to be more restricted, by the hill, going northbound on Henna Avenue. All the neighbors are concerned about children and the majority of the traffic is local. They do not believe a stop sign is the solution, but may add confusion because this is not a right angle intersection. Councilmember Holton said he drove the area today and agrees stop signs would add confusion; there should be a yield sign or nothing. If the problem is the speed of traffic, the Police Department should be requested to increase patrol Of the area. Maynard Olson said he lives on 135th and Havelock and cars come from 137th and 140th Streets to Havelock at high speeds. He believes the stop sign should be at 137th and Havelock and also two-way stop signs at 135th and Havelock. Mayor Branning said stop signs cannot be used to control speed, the volume of traffic at intersec- tions is what controls stop sign locations. Stop signs do not necessarily protect children, but give them a false sense of security. Mrs. Johnson said the residents' original request was for three stop signs at 135th and Henna Jamie Garvey, Henna Avenue, said they need stop signs on all three corners. It is an extremely confusing intersection and stop signs would not make it worse. Councilmember Holton said he would disagree but would rather see three stop signs and just the one. Mr. Garvey said a lot of traffic from Garden View is taking 135th to Henna through the residential area. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1985 Page 4 Paul Schwalen, Hemlock Court, said he is in favor of no stop sign and believes the children should be educated about traffic hazards rather than relying on stop signs. He believes there should be other solutions to the intersection problem. Councilmember Goodwin asked for clarification of item 1 of 2B-5; which is the main road? Mr. Gretz aaid because of sight distance, it was the opinion that i35th/Henna is the main road, but traffic counts could be taken to check the volume of traffic. Councilmember Goodwin asked what the City's options are? Mr. Sheldon said first is to determine if the warrants for a stop sign are met. If they are, the City is ob- ligated to put in a sign. If they are not met, there could be liability if the Council acted in violation of the facts found. If the facts are explored in a rea- sonable fashion and action taken on that basis, the Council would have discretionary immunity in a court action. Councilmember Savanick suggested the traffic patterns be studied and traffic counts taken. Councilmember Holton said he does not believe counts are necessary; the op- tions are no sign or three signs. He prefers not having a stop sign at this time and if there is a future problem, redesign of the intersection should be considered. Councilmember Goodwin said he believes more information is needed, such as traffic counts. Mayor Branning said he does not believe a large enough volume of traffic would be shown. Maynard Olson said it is not the amount of traffic causing the problems but the speed. Mr. Garvey said he believes the design of the intersection is really the problem much more than the stop sign question. Mayor Branning asked who would pay for redesign work? Mr. Asleson said it could either be paid by the General Fund or special assessments. Councilmember Humphrey said he would probably agree it is a design problem, but a yield sign might be the easiest solution. The Council agreed this item should be held over until more information can be provided. Mr. Gretz said he will have a traffic engineer review the intersection and get cost, design and traffic count information. He will advise the Council July 11, 1985, when the information might be available and contact Mrs. Johnson and Mr. Shallcross and advise them when the Council will be considering this item. Mr. Gretz reviewed the memo dated June 27, 1985, concerning an excava- tion permit in Hunters Wood. The item was tabled May 23, 1985, and if approved, staff would recommend no retaining walls be permitted and slopes be limited to three to one. The question of trees along the property line is a matter between the property owners. HUNTERS WOOD EXCAVATION PERMIT Mr. Phil Scheide, representing Lloyd Nelson the owner of Lot 8, said he is opposed to the proposed excavation and Carol Thompson, President of the Hunters Wood Home- owners Association, was present and they are also opposed. Mr. Scheide said they do not believe it would be a benefit to the neighborhood. The roofline of any house on Lot 9 would be at the Nelson's driveway level. More than appearance is the dan- ger of erosion and removal of lateral support to the Nelson property. There are no construction plans for the lot and the excavation is only being proposed as a min- ing operation to secure fill for another lot. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1985 Page 5 Kurt Laughinghouse, of Derrick Land Company, said this is requested as regrading of the lot. The covenants call for such regrading and it is not unusual. He drew a sketch of the proposed grading and said it would have the same slope as now exists to Palomino Drive except it would have a pad on which to build a house. It is true they do not have a house plan or a customer for the lot, but it needs final grading before anything could be built. Al Herrmann said he is the contractor doing the grading for Derrick and has moved dirt on other lots with good results. They are attempting to put the subdivision in a situation where all lots will be completed and there will be no vacant lots. Mayor Branning asked what grading plans were submitted when the subdivision was approved? Mr. Gretz said only the street grades were shown not lot grades. Mr. Nelson said the contour proposed by the regrading would be bad for the neigh- borhood. It is not a natural slope as it is on the lot on the other side of his house. MOTION: of Holton, seconded by Humphrey, granting an excavation permit for Lot 9, Block 2, Hunters Wood, as requested with a two to one slope or a retaining wall along the north lot line. EXCAVTN. PERMIT LOT 9, BLK 2, HUNTERS WOOD Councilmember Humphrey said he believes with a more moderate excavation proposal this would still be a buildable lot and does not believe this degree of excavation is required. Mr. Laughinghouse asked what the basis for denial would be; this is not the neigh- bor's lot or trees? Mayor Branning said unfortunately the Council did not have a grading plan showing house pads, as has been submitted in some other areas, when the subdivision was approved. The Council must now determine what is best for the health, safety and welfare of the community in general. Councilmember Savanick said there have been too many problems with steep slopes in the City and she is opposed to this degree of excavation. Councilmember Holton said he agrees some final grading would have to be done on the lot, but this pro- posal is too drastic. Councilmember Goodwin agreed. Mr. Asleson asked about the reference to covenants and what they provide? Mr. Scheide said they provide for architectural review of plans and grading, among other things. There is a provision about not mining, but surplus soil can be moved to another lot. Mr. Sheldon said because the Council did not have an oppor- tunity to review the benchmarks previously, a three to one slope requirement is reasonable and maintainable. A steeper slope would not be able to be mowed. Vote was taken on the motion. Ayes - 0 - Nays - 5 Motion Failed. Mr. Gretz reviewed the Planning Commission's report dated June 27, 1985, on a building permit for Highland Elementary School. It includes a variance for 18- foot deep parking stalls for compact cars in the middle island. Mr. Asleson asked if there are any concrete islands in the parking lot which might cause snow removal problems? Mr. Gretz said no. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1985 Page 6 MOTION: of Humphrey, seconded by Savanick, authorizing issuance of a building permit for Highland Elementary School and a variance to allow nine-foot wide parking stalls, with head-to-head mea- surements based on a two-foot bumper overhang credit and two rows of "compact only" parking as recommended by the Planning Commission. Ayes - 5 - Nays - 0. BLDG. PERMIT HIGHLAND ELEM. SCHOOL MOTION: of Holton, seconded by Goodwin, approving an Amendment to the Joint Powers Agreement to Provide Ambulance Service relating to comprehensive general liability insurance and distribution of liability to the Cities of Apple Valley, Lakeville and Farmington and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. AMBULANCE JOINT POWERS AMENDM~ENT Mr. Gretz reviewed his memo dated June 10, 1985, concerning an offer for one of the lots on which the Redwood Reservoir had been. An offer has also now been received for the other lot in the same amount, $13,000, and it is recommended both offers be rejected. MOTION: of Humphrey, seconded by Holton, rejecting the offers of Bruce and Colleen Root for Lots 6 and 7, Block 13, Apple Valley 3rd Addition, of $13,000 each, as contained in the Purchase Agree- ment dated June 7, 1985. REJECT OFFERS RESERVOIR LOTS Councilmember Goodwin asked if the concrete pilings should be removed to improve the saleability of the lots? Mr. Gretz said the lots can be built on without re- moving the pilings, but it could be done. The problem with the lots' appearance now is that the contractor has not completed removal of the reservoir, but it should be done in five or six days. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing the City Engineer to prepare a water treatment plant feasibility study at a cost not to exceed $5,000 as contained in thc proposal dated June 5, 1985. Ayes - 5 - Nays - 0. PREPANE WATER TRMT. STUDY RES. 1985-129 CORRECT ASSMT ROLL NO. 110 RES. I985-130 PLAT WAIVER A.V. COMMONS MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1985- 129 correcting Special Assessment Roll No. 110 by removing $66,006.91 from parcel number 01-02800-010-53 which was levied in error and should have been parcel number 01-02100-010-53 which now no longer exists and deleting this amount from the records. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 130 granting a temporary waiver of platting for part of Lot 1, Block 7, Apple Valley Commercial Addition, to allow deeds to be filed prior to completion of the final plat for Apple Valley Commons. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 27, 1985 Page 7 Mr. Asleson cormnented on problems that have come up with insurance cover- 4TH OF JULY age for the 4th of July. The City has "sponsors' risk" coverage but not INSURANCE "participants' risk" such as would be necessary for the volunteer fire- fighters detonating fireworks. This was covered by a special endorsement in other years and City's insurance agent is cautiously optimistic it can be handled the same way this year. Unless the insurance issue is resolved, the fireworks exhibi- tion cannot be held. In Eagan, the Lions Club is handling the coverage and this approach may be tried with an Apple Valley organization if there is no other way for the City to obtain coverage. The second item of concern is the City's involvement with the 4th of July Committee. One group conducting an activity on July 4th has had its insurance premium increased to the point that it may not be able to sponsor the activity. The 4th of July Com- mittee is somewhat in limbo in that it has not really been controlled by the City. It would probably appropriate to clarify that it is operating under the City and thus be covered under the City's broad form coverage. For the long term, the rela- tionship should probably be looked at being changed, similar to that of the Jaycees. It would work closely with the City, but be independent. MOTION:. of Humphrey, seconded by Goodwin, recognizing and accepting the Apple Valley 4th of July Committee as a volunteer committee of the City and recognizing everyone working with the Committee as a volunteer for the City. RECOGNIZE 4TH OF JULY AS CI~f COMMITTEE Mr. Asleson asked if one of the civic organizations is running its own activity in cooperation with the 4th of July Committee, it is covered by the City's insurance? Councilmember Humphrey said yes, he believes it would be and the individuals are probably covered under their homeowners' insurance also. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31089, 31090, 43283 through 43342, 43351 through 43364, 43368 through 43415 and 43425 through 43566, in the total amount of $3,050,023.29. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:57 o'clock p.m.