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HomeMy WebLinkAbout08/08/1985CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 8th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Holton, Humphrey and Savanick (attended at 8:10 p.m.); City Administrator Asleson and City Clerk Mueller. ABSENT: Councilmember Goodwin. 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 to- night's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA MOTION: of Humphrey, seconded by Holton, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Holton, approving hiring Marsha Moroni for the position of Secretary at a starting salary of $1,259.00 per month effective August 12, 1985. Ayes - 3 - Nays - 0. HIRE MORONI SECRETARY HIRE PERKINS RECEPTIONIST HIRE PARTTIME EMPLOYEE PREPARE PRE- LIMINARY REPORT~ M.S.A. PROJECTS FINAL PAYMENT PROJ. 84-18 FINAL PAYMENT PROJ. 85-231 FINAL PAYMENT PROJ. 85-217 MOTION: of Humphrey, seconded by Holton, approving hiring Dorene Perkins for the position of Receptionist at a starting salary of $1,087.00 per month effective August 12, 1985. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving hiring the parttime employee as listed in the City Administrator's memo dated August 2, 1985. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Holton, directing the Engineer to pre- pare preliminary reports, for possible construction in 1986, using M.S.A. funds, on 132nd Street between Cedar and Galaxie Avenues; 127th Street between Cedar and Galaxie Avenues; and Flagstaff Avenue between 140th Street and County Road 42. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Holton, accepting Project 84-18, Pine- crest Trunk and Park Storm Sewer, as final and authorizing final payment on the contract with Sarah Contracting in the amount of $1,243.50. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Holton, accepting Project 85-231, Pilot Knob Storm Sewer, Garden View Sewer Repair and Well 11 Water Main, as final and authorizing final payment on the contract with J. P. Norex, Inc., in the amount of $10,936.11. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Holton, accepting Project 85-217, 1985 Street Maintenance Program, as final and authorizing final pay- ment on the contract with McNamara Contracting in the amount of $12,815.98. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1985 Page 2 MOTION: of Humphrey, seconded by Holton, approving Change Order No. 2 to the contract with Richmar Construction for Project 84-26, Fischer Pond Outlet Pumping Station, in the amount of an addi- tional $248.00, accepting the project as final and authorizing final payment in the amount of $2,017.85. Ayes - 3 - Nays - 0. CHANGE ORDER 2 & FINAL PAYMENT PROJ. 84-26 CHANGE ORDER 1 PROJ. 85-220 MOTION: of Humphrey, seconded by Holton, approving Change Order No. 1 to the contract with Austin P. Keller Construction for Project 85-220, Scottsbriar 1st Addition Improvements, in the amount of a $57,064.25 deduction. Ayes - 3 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving reduction in the subdivision guarantees for Diamond Path 5th Addition from $8,000 to $2,000 and for Pilot Knob Estates from $13,000 to $5,000. Ayes - 3 - Nays - 0. REDUCE SUB- DIVISION GUARANTEES MOTION:of Humphrey, seconded by Holton, granting a party permit under City Code Section 14.5-3(g)(1) for Metro Cable, Inc., at Ali- magnet Park on August 24, 1985, or August 25, 1985, as an alternate. Ayes - 3 - Nays - 0. PARTY PERMIT METRO CABLE REFUSE COLLEC- TION LICENSES JULY 25, 1985 MINUTES AUDIENCE DISCN. MOTION:of Humphrey, seconded by Holton, approving 1985 refuse collec- tion licenses for Quality Waste Control, Inc., and Donald Tousignant, d/b/a Country Clean-Up. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA MOTION:of Holton, seconded by Humphrey, approving the minutes of the regular meeting of July 25th, 1985, as written. Ayes - 3 - 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. John Gretz reviewed the Planning Commission report dated August 8, 1985, on a preliminary plat of Outlot A, Pinecrest 2nd, containing 32 townhouse units and four duplex units. The proposal conforms to the Planned Development zoning, how- ever a five-foot setback variance along future County Road 38 is recommended to allow an increased separation from the single family homes. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Outlot A, Pinecrest 2nd, known as Pinecrest Townhomes, and granting a five-foot setback variance from future County Road 38, as recommended by the Planning Commission, and directing City Staff to.prepare a development agreement. PRELIM. PLAT PINECREST TOWNHOMES Carl Roetter, 12539 Everest Trail, addressed the Council on behalf of residents of the surrounding single family neighborhood. They object to the density of the proposed usage; an exhibit for the Planned Development shows 86 total units, not 90. He questioned the distance of the cul de sac for fire safety purposes and CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1985 Page 3 referred to comments made at the public hearing, before the Planning Commission, re- lated to density calculations. He distributed a topographic map of part of Sunshine Estates and surveys of lots 9, 10 and 13, Block 3, Sunshine Estates, and said the pond appears to be shown differently on these than the proposed townhouse area. Mayor Branning asked if the reason for opposing the proposal is:they don't want the kind of development proposed? Mr. Roetter said they do not believe the density is appropriate for the area. (Councilmember Savanick attended during this time.) Mayor Branning asked how the calculations were made? Rick Kelley described the computations, as contained in his memo to the Planning Commission dated July 31, 1985. It is based on the square footage required for a dwelling unit and because it is a planned development, gross density applies to the full 26.7 acres. The text of P.D. Ordinance 315 permits the 91 total units proposed; the exhibit, re- ferred to by Mr. Roetter, was not an exhibit to the ordinance, but illustrates the general area of the development and contained the number "86 units". Councitmember Humphrey asked if the pond has an outlet and the length of the drive- way. Keith Gordon said the pond has a controlled outlet and is sized to accommodate a 100-year storm. Bill Dolan said the driveway is about 600 feet long and is a private drive. It was suggested that a hydrant be installed along future County Road 38 that can be accessed for fire protection and he had agreed to it. Mr. Roetter said because a topo map is not available, the apparent discrepancy in the ponding area should be verified. Mr. Gretz said that would have to be done before the final plat is prepared. Councilmember Savanick asked the City Attorney to comment on the Council's procedures. Mr. Sheldon explained the differences between zoning and platting considerations and said once property is zoned, platting becomes a nuts and bolts process. If a deve- loper meets the standards and requirements of the City, the plan must be approved. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of building PINECREST permits for 32 townhouse dwellings and four duplex dwellings in BLDG. PERMITS Pinecrest subject to compliance with landscaping and berming plans as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, passing Ordinance No. 344 re- ORDINANCE 344 zoning the proposed C.S. Addition from Agriculture to Institu- REZONG C.S. tional and R-1C as recommended by the Planning Commission. Ayes - ADDITION 4 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, approving the preliminary plat of C.S. Addition, as reconnnended by the Planning Commission, and directing City Staff to prepare a development agreement including the levying of trunk and lateral benefit utility assessments. Ayes - 4 - Nays - 0. PRELIM. PLAT C.S. ADDITION CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1985 Page 4 Mr. Gretz reviewed the Planning Commission's report dated August 8, 1985, on the Vista Development property located west of Pennock Avenue and south of Palomino Drive. Park dedication will be 2.3 acres of land at the corner of Pennock and the internal access street. The cul de sac access street is 1,700 feet long and would require a variance from the 900 feet allowed. The variance is justified, for the 32 lots, since the topography of the half-lot the City owns, accessing Palomino Drive, is unacceptable. It has not been determined what the City will do with the half- lot yet. An easement will be provided for access to the City's water reservoir. Councilmember Savanick asked that the easement be surfaced so adjoining lot owners will know its location. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 345 re- zoning the Vista Development property, west of Pennock and south of Palomino Drive, from R-1A and Neighborhood Center to R-1C and Neighborhood Center as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE 345 REZONE VISTA DEV. PROPERTY PRELIM. PLAT VISTA DEV. PROPERTy MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of the Vista Development property, west of Pennock and south of Palomino Drive, with 31 single family lots and one outlot, the 2.3 acres of park dedication at the corner of Pennock and the internal street and waiving City Code Section B1-3(b) to allow a 1,700-foot cul de sac as recommended by the Planning Commis- sion and directing City Staff to prepare a development agreement. Ayes - 4 - Nays - 0. Mr. Gretz reviewed the revised agreement for Lac Lavon Shores with the Council. Page 2 describes the park dedication and the additional $25,000 toward park development. Pages 3 and 4 contain the other changes. The City will be installing the improve- ments and Garden View Drive will be installed by the City in 1986. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1985- 147 approving the final plat and development agreement for Lac Lavon Shores and authorizing the Mmyor and Clerk to sign the same. RES. 1985-147 LAC LAVON PLAT & AGILMT. Mayor Branning asked what assessment process will be used for Garden View Drive? Mr. Gretz said the improvements for phase one will be assessed to those lots. Garden View Drive will be assessed to the abutting property in Outlot E and the developer has agreed to this. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of build- ing permits for two temporary office buildings at School Dist. rict 196 central office, with a minimum 10-foot setback from the existing building as recommended by the Planning Commission. I.S.D. 196 TEMP. BUILDINGS Councilmember Savanick asked if there would be covered access to the buildings? Mr. Gretz said no, it is not required. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1985 Page 5 Mr. Gretz reviewed his memo dated August 2, 1985, concerning 120th Street in Beck- man's First Addition. Mr. Beckman has submitted a letter stating he will improve the street to City standards and asking the City to accept it. MOTION: of Holton, seconded by Humphrey, accepting 120th Street in Beckman's First Addition as a public street subject to instal- lation of concrete curb and gutter, clearing a snow storage area and paving the street to City standards. 120TH STREET DEDICATION BECKMAN'S 1ST Councilmember Holton said he believes the intention of the development agreement was the street would always remain private because of the distance to provide main- tenance and snow removal. Councilmember Savanick agreed and said it was a compromise to allow Mr. Beckman to develop the property when it was not acquired as park. Mayor Branning asked what the distance is from other streets the City maintains? Mr. Gretz said it is about one mile now; when other property in the area develops, it will be about one-half mile. Councilmember Humphrey asked who plows snow at Valleywood Golf Course? Mr. Gretz said the Street Department does, but it is a low priority and one of the last to be done. A resident said he purchased his lot not knowing it was a private street and later, when he called City Hall, was told it would be possible for it to be taken over by the City. Ken Pallas, another resident, said they were led to believe the street would be maintained by the City. Councilmember Holton said he could not justify accepting the street at this time, but in the future, when other development is closer, he would consider it. Council- member Humphrey said for public safety considerations, if the street were improved, he would agree to accept it. Mayor Branning asked if the residents really want the street accepted by the City or if they just want it paved and brought up to City standards? A resident said they want it to be safe for the children, and do not want the school bus stopping on Pilot Knob Road. The bus now Comes in and turns around on the cul de sac. MOTION: of Humphrey, seconded by Branning, amending the motion by requir- AMEND MOTION ing the improvements to the street to be made within one year. Councilmember Savanick asked if the residents were mainly concerned about snow re- moval? A resident said they are more concerned about long term repairs to the street. Vote was taken on the amendment. Ayes - 2 (Branning and Humphrey) - Nays - 2 (Holton and Savanick). Failed. Vote was taken on the original motion. Ayes - 1 (Humphrey) - Nays - 3. Mayor Branning said the agreement was clear that the street would remain entirely private without City utilities or services. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 148 granting a waiver of platting for Lot 1, Block 5, Apple Valley Commercial Addition, as originally approved October 14, 1982, for Apple Valley Health Care Center. Ayes - 4 - Nays - 0. RES. 1985-148 PLAT WAIVER LOT 1, BLK 5, A.V. COMML. CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1985 Page 6 Mr. Gretz reviewed his memo dated August 2, 1985, concerning traffic signal in- stallation. Though the County Board did not act on the City's request of July 11, 1985, it did not preclude the possibility of eventual participation. The signal at County Road 42 and Galaxie Avenue could be entirely funded with M.S.A. funds and the signal at Cedar Avenue and 142nd Street 50 percent funded. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 149 requesting the Dakota County Board to authorize the City to install traffic signals at County Road 42 and Galaxie Avenue and at Cedar Avenue and 142nd Street with the County accepting maintenance following approval of the plans and specifications. Ayes - 4 - Nays - 0. RES. 1985-149 REQUEST AUTH- ORIZATION TO INSTALL SIGNALS CITY HALL SPACE PLANNING MOTION: of Savanick, seconded by Holton, authorizing Boarman Architects to proceed with space planning studies of City Hall, as desc- ribed in its letter dated July 25, 1985, for up to $800 for Study A, existing space review, and up to $4,800 for Study B, master plan preparation. Councilmember Savanick asked if the master plan study should be focusing on the existing City Hall location or should it project the City's needs at saturation population? Mayor Branning suggested Staff get an estimate on preparing "Study C", the City's needs at maximum development. If the existing location is not ap- propriate, it should include suggested uses for the existing building also. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1985- 150 approving plans and specifications for Project 85-232, Sewer Television Inspection, and authorizing advertisement for bids to be received at 2:00 p.m. on September 3, 1985. Ayes - 4 - Nays - 0. RES. 1985-150 TAKE BIDS PROJ. 85-232 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-151 151 authorizing the City Attorney to initiate "quick take" CONDEMNATION proceedings and condemnation, if necessary, to acquire a storm CODY EASEMENT sewer easement across the Cody property north of 132nd Street and east of Cedar Avenue needed for Project 84-23. Ayes - 4 - Nays - 0. Consideration of specifications for a tractor backhoe was removed from the agenda. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 152 approving the Five-Year Capital Improvement Program for Municipal State Aid Street Construction, 1986 to 1990, as pre- sented, and authorizing its transmittal to the Minnesota Department of Transportation. Ayes - 4 - Nays - 0. RES. 1985-152 5-YEAR M.S.A. CAPITAL IMRR. PROGRAM Mr. Gretz reported on the solid waste disposal which occurred on the EATON PARK Eaton Mobile Home Park property. One of the property owners also owns SOLID WASTE Mega, Inc., a subcontractor in the Metropolitan Stadium removal contract. DISPOSAL CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1985 Page 7 Complaints were received that debris from the Stadium was being dumped in Eaton Park and also on the Thomas property in Eagan. The County sent Mega, Inc., a letter July 11, 1985, reminding it of the need for a license to dispose of the material. It was investigated further on July 18, 1985, and on July 30, 1985, the County is- sued an order to stop the dumping. The City Attorney is now investigating the possibility of charging Mega, Inc., with violations of the City's excavating or- dinance, solid waste disposal ordinance and zoning ordinance. A major concern is that the City will require some easements for storm water ponding in the area and does not want the drainage affected by the dumping. Doug Soderberg, 13010 Hamlet Avenue, said he understood a proposal was submitted to the City and asked what it contained. Mr. Gretz said the site where the dumping occurred was a ravine. A storm shelter was proposed, but not in that area. The drawing he saw was not adequate to determine the grades and an engineering drawing has been requested from the property owner. The area of the Mobile Home Park is zoned M-4 and any expansion would require replatting. Gary Daniels, 7833 - 131st Street, asked where the line between M-4 and R-1A zoning is and what is permitted? Mr. Gretz showed the location on the zoning map and said the dumping was taking place in the southwest corner. R-iA zoning would not permit a parking lot, playground or storm shelter. He will keep the Council advised on this matter. Councilmember Holton said the interview panel for Community Development COM. DEV. DIR. Director interviewed five candidates August 7th and three candidates RECRUITMENT today. They hope to be able to make a reconnnendation on hiring at the Council's meeting of August 22, 1985. The Council agreed that if this were done, it would like to arrange a meeting with the recommended candidate before taking action on the hiring. MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 31092, 44135 through 44147, 44154 through 44171, 44173 through 44200, 44209 through 44280 and 44282 through 44331, in the total amount of $1,340,685.32. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:09 o'clock p.m.