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HomeMy WebLinkAbout09/12/1985CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 12th, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Holton, Humphrey and Savanick attended at 8:07 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 Humphrey, seconded by Holton, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA CONSENT AGENDA KLINE P.C. LEAVE OF ABSENCE HAMMERSTAD COURT PAYMENT FINAL PAYMENT PROJ. 85-222 FINAL PAYMENT PROJ. 83-12(1) FINAL PAYMENT PROJ. 83-12(2) CHANGE ORDER 1 & FINAL PMT. PROJ. 84-6 MOTION: of Holton, seconded by Humphrey, adding leave of absence for Planning Commission member and firefighter payment to the con- sent agenda and approving all items on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, approving a leave of absence from the Planning Commission for Lynne Kline until December 18, 1985, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing payment to Fire- fighter Mike Hammerstad at the rate of $14.09 per hour for time spent testifying in court on behalf of the City. Ayes - 3 - Nays - 0. MOTION: of Molton, seconded by Humphrey, accepting Project 85-222, Car- rollton Estates Trunks, as final and authorizing final payment on the contract with J. P. Norex, Inc., in the amount of $121,225.09. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 83-12(1), Meadowlark Glen Utilities, as final and authorizing final pay- ment on the contract with Northdale Construction in the amount of $5,711.70. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 83-12(2), Meadowlark Glen Streets, as final and authorizing final payment on the contract with Alexander Construction in the amount of $7,560.46. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 1 to the contract with Lake Area Utilities for Project 84-6, Southport 2nd Addition Improvements, in!the amount of an addi- tional~$3,704.00 and authorizing final payment on the contract in the amount of $18,989.19. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1985 Page 2 MOTION: of Holton, seconded by Humphrey, accepting Project 83-16, Sewer Television Inspection, as final and authorizing final payment on the contract with Midwest Underground, Inc., in the amount of $3,045.43. Ayes - 3 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 162 awarding the contract for Project 85-232, 1985 Sewer Tele- vision Inspection, to Viking Pipe Services, the low bidder, in the amount of $10,522.24. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 163 authorizing installation of a stop sign on 142nd Street at its intersection with 142nd Path West. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving a temporary on-sale 3.2 beer license for the Apple Valley Jaycees on September 21, 1985, at 15000 Hayes Road for the Fire Department Booya. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 164 approving the preliminary and final plats of Golfview First Addition (replat of Lot 2, Block 4, Cobblestones I) and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, granting a setback variance for Lot 1, Block 1, Carrollwood Village 6th Addition to allow construction to within 20 feet of the north side lot line as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving reduction of subdi- vision financial guarantees as follows: Emerald Point from $79,950 to $22,000; Valley Way Village from $30,000 to zero; and Morningview (lst) from $136,200 to $53,000. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime employees as listed in the memo from the City Administrator dated September 9, 1985. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Humphrey, approving the minutes of the regular meeting of August 22nd, 1985, and the special meeting of August 29th, 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. Bill Walker, of Kids-'N-Kinship, was present and described the organi- zation's friendship program for children needing adult companionship. FINAL PAYMENT PROJ. 83-16 RES. 1985-162 AWARD CONTRACT PROJ. 85-232 RES. 1985-163 STOP SIGN TEMP. BEER LIC. JAYCEES RES. 1985-164 GOLFVIEW FIRST FINAL PLAT VARIANCE LOT 1, BLK 1, CARROLLWOOD 6Ttl VARIOUS BOND · REDUCTIONS HIRE PARTTIME EMPLOYEES AUG. 22, & AUG. 29, 1985 MINUTES AUDIENCE DISCN. PROCLAMATION KIDS-'N- KINSHIP WEEK CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1985 Page 3 Mayor Branning read and signed a Proclamation proclaiming the week of September 22 to 29, 1985, as Kids-'N-Kinship Week. John Shardlow distributed copies of a grading plan for Greenleaf Park, GREENLEAF PARK prepared following concept approval by the Council on August 22, 1985. GRADING PLAN (Councilmember Savanick attended at this time.) He described the plan and said the only change is that there will be no grading beyond the drip line of the trees at the north end of the park near 135th Street. He presented and re- viewed the landscape plan along the pathway and said Fischer will commit to doing the grading, seeding and planting this fall. Mr. Shardlow suggested three trees near 135th Street be removed because they are in poor condition and it would improve access to the park. Mr. Gurban said he had reviewed this and concurs with the recommendation. Mrs. Olsovsky asked who would remove the trees. Mr. Gurban said the Forestry Department could do it, but he would prefer to have Fischer do it. A snowfence has been installed to protect the trees to be saved. Mr. Miller said he agrees with the grading plan, but it drops off from his property and he would like some grading done in his yard. Mr. Gurban said if it is mutually agreeable and compatible with the park grades it would be acceptable. Mr. Shardlow said Fischer is willing to do the grading, but there is not a concensus in the neighborhood about it and would like it shown and approved on the grading plan. Jerry Duffy said even though they are willing to do the grading, he would advise Fischer not to do it unless it is part of the approved grading plan. Councilmember Humphrey asked if the grading on the two lots could be done by exca- vation permit? Mr. Asleson said generally excavation permits are not needed to do landscaping work on residential lots unless neighboring property is affected. In this case, it should probably be done by permit. Mayor Branning said everyone has been working toward this plan, which appears acceptable, and it should not be changed at this time. Mrs. Johnston said her backyard goes up at a steep slope now and is a devaluation of her property. Mrs. Miller said if part of her backyard slope were cut down, it would match the slope of the neighboring property. Mr. Duffy said the grading plan for the park behind these two lots would have to be changed in order to accomplish the grading and not affect the neighbors. Mrs. Halvorson said she believes the topo map allowing these grades should never have been approved 15 years ago and asked why it couldn't be corrected now? Mr. Shardlow said it can be done and would be an improvement for the properties, but the grade in the park would have to be changed from that shown on the plan. The grading would result in extra material and the elevation in the park would be higher in that area. Mr. Gurban said the plan as presented is acceptable to him with the tree adjustments shown as alternate one. Mr. Asleson asked if the people in the neighborhood still have concerns about the grades in the park? Mrs. Lahti said she is a neighbor of the Johnstons and if grading is done on their lot, the corner of her lot will be left sticking up and she does not want any grading done on her property. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1985 Page 4 Mrs. Buck asked if some of the trees at the back corner of her lot would be removed? The plan was reviewed and the grading would be done at the lot south of her's. Councilmember Holton said the landscape plan shows were trees will be planted to replace those removed. Mrs. Buck said she does not want the trees removed or the view from her property changed. MOTION: of Holton, seconded by Humphrey, approving the grading plan with alternate one and the landscape plan, as presented by John Shardlow, for Greenleaf Park as required by the July 11, 1985, Agreement with Fischer. APPROVE GREEN- LEAF PARK PLANS Mr. Asleson asked if this includes Fischer committing to installing the new pathway also? Mr. Duffy said yes. Councilmember Humphrey said, as he understands it, Fischer will not go onto private property unless the City approves. Mr. Duffy said yes that is correct. Mr. Shardlow asked if grading in the backyards would be ac- ceptable if approved as a separate action. Mr. Sheldon said if the plan is approved, it is the plan that must be completed. If changes are to be made to accommodate grading in the backyards, the plan would have ko be amended. Mrs. Miller said she came to City Hall on September 3, 1985, to apply for an exca- vation permit for grading in her backyard and was told she did not need a permit for the work. Mayor Branning said if the residents want grading done, it would be up to them to work within the confines of the plan approved for the park. It would have to conform to the park grades, be entirely on their own property and not affect the neighbors' lots. Councilmember Holton asked if a plan were drawn showing grading on the two lots, could it be considered by the Council as alternate two? The Mayor said it could not be considered until it had been drawn and timing is a problem because the grading will be completed soon. Mrs. Lahti said she was told her neighbor's lot could not be graded unless a corner of her lot was done also. Mr. Shardlow said, in order to be effective, this is true. Councilmember Savanick asked if the additional parkland shown on the Fischer pro- perty is a commitment as to what will be dedicated? Mayor Branning said no, it is shown as a concept of how the area can work together when it is developed. Mr. Duffy said they are interested in making the property as attractive for resale as possible and will work with City Park Staff to accomplish this. Mr. Shardlow said they hope to be developing lots and building by 1987. Vote was taken on the motion. Ayes - 3 - Nays - 0 (Savanick Abstained). The Council received a petition related to discontinuance of Route 39 by MTC HEARING the MTC and a letter dated September 11, 1985, from Michael Owen re- ROUTE 39 questing support for continuing the route. Scott Dixon, of the MTC, DISCONTINUANCE was present and said this is one of several low ridership bus routes, with high subsidies, they are proposing to remove. The route has been in exis- tence for seven or eight years and has not done well since its first two years of operation. It was proposed to be discontinued in 1984, but was revised and given extra promotion and has not done any better. It averages 35 rides daily CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1985 Page 5 (both ways) and needs 85 to 90 rides for it to continue because of its length. Councilmember Holton asked what the fare is? Mr. Dixon said it is $.85, but even increasing the fare is not the answer. Councilmember Savanick asked why the hearing is being held in Bloomington. Mr. Dixon said the hearing is set by the Commission and several routes are being con- sidered at the hearing. There will also be another hearing in St. Paul. He also distributed a graph showing ridership from October 1984 through August 1985. Mayor Branning said he would like to see the route continued through the winter but suggested the Council take no action until after the hearing. Councilmember Savanick said she will attend the hearing on September 18, 1985, and report back to the Council. Rick Kelley reviewed the Planning Commission's report dated September 12, A.V. SQUARE 1985, concerning a variance to the sign ordinance for temporary adver- SIGN VARIANCE tising signs for Apple Valley Square and Rainbow Foods. It basically concluded that the variance procedure does not pertain to this request. A motion to amend the sign ordinance to allow a temporary advertising sign of this type failed. Mayor Branning said he believes the amendment would be the appropriate method of considering this request. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 346 amend- ing City Code Section 6-44 to allow up to a 128 square foot temporary advertising sign for commercial developments, subject to height and setback limits, erected after the building permit has been issued and removed three months after occupancy. ORDINANCE 346 AMEND CODE TEMP. ADVERTIS- ING SIGNS Mike O'Rourke, representing Apple Valley Square, was present and said commercial developments need the additional signage to get the message across. With the set- backs required, the sign would not appear as large as it sounds. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 165 approving the final plat and development agreement for Valley Way Village Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. RES. 1985-165 VALLEY WAY VILLAGE 2ND The Council received a memo from Tom Lawell dated September 9, 1985, con- GOODWILL cerning a proposal by Goodwill Industries to establish an attended RECYCLING CTR. collection center. It would accept aluminum, glass, newspaper and usable PROPOSAL household items. It is suggested the Cities of Apple Valley, Lakeville and Rosemount Jointly establish the center on the former sewage treatment plant site in Lakeville which is owned by Apple Valley. Funding is proposed to be from the Dakota County and Metropolitan Council Landfill Abatement Funds allocated to the three cities. Applications for the funds must be submitted by October 1, 1985. The site could also accommodate a composting program. Ceuncilmember Savanick said she would like to see the composting program delayed until the center has been in operation for a while to see how it works. The Council generally concurred with the proposal and a resolution and application for funding will be scheduled for consideration at its September 26, 1985, meeting. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1985 Page 6 The Council received a memo from Rick Kelley dated September 12, 1985, describing a ranking policy for allocating funds in the Community Development Block Grant Program. The District Three Review Committee, consisting of Apple Valley, Burns- ville and Eagan, proposed the policy to help balmnce competing interests for the limited funds and each city is being asked to approve it. MOTION: of Holton, seconded by Savaniek, adopting Resolution No. 1985- 166 ratifying the District Three Committee Policy Statement for use in evaluating Community Development Block Grant fund- ing requests and prioritizing such funding requests as detailed in Exhibit A. Ayes - 4 - Nays - 0. RES. 1985-166 CDBG APPLICATN. RANKING POLICY RES. 1985-167 BLACK DOG WMO REPRESENTATIVE MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- 167 appointing John Gretz as the City's representative to the Black Dog Water Management Organization. Ayes - 4 - Nays - 0. Mr. Asleson advised the Council that Menard's has submitted a petition for rezon- ing in Planned Development District 244 (Southport area) for ten acres east of Cedar Avenue and north of Whitney Drive. The Comprehensive Plan shows limited business or multiple residential uses for the area. He suggested the Council direct the Planning Commission to review the uses in a larger area for compati- bility and expand on the rezoning petition by extending it to Galaxie Avenue. Councilmember Savanick said the entire area east of Cedar Avenue and south to 160th Street should be reviewed as to compatible uses and how future requests for commercial development along Cedar Avenue should be addressed. Mayor Branning said, in discussions he had with representatives of Menard's, he en- couraged them to locate farther east, along County Road 42, but they did not believe that was as desirable and did not believe they could reach an agreement with the property owner. He also said they advised him they would be applying for IDB financing for the project. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1985- RES. 1985-168 168 setting a public hearing at 8:00 p.m. on October 2, 1985, SET COMP. PLAN before the Planning Commission, to consider revisions to the ~4ENDMENT Comprehensive Plan for the property in Section 34 known as HEARING "Southport" and the "Carroll Farm". Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-169 169 setting a public hearing at 8:00 p.m. on October 2, 1985, SET REZONING before the Planning Commission, to consider rezoning property HEARING PART in the South Half of the Northwest Quarter of Section 34 from OF P.D. 244 Planned Development District 244 to heavy commercial use (GB) and review permitted adjacent uses. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 170 approving plans and specifications for Project 84-23, Cedar Knolls Pond Outlet, and authorizing advertisement for bids to be received at 2:00 p.m. on October 15, 1985. Ayes - 4 - Nays - O. RES. 1985-170 TAKE BIDS PROJ. 84-23 CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1985 Page 7 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1985- 171 approving plans and specifications for Project 85-230, Pump for Well No. 11, and authorizing advertisement for bids to be received at 2:00 p.m. on October 8, 1985. Ayes - 4 - Nays - 0. RES. 1985-171 TAKE BIDS PROJ. 85-230 MET. COUNCIL REQUEST FOR MEGAMALL COMMENTS 1986 BUDGET SCHEDULE The Council received a letter dated August 20, 1985, from Sandra Garde- bring, Chair of the Metropolitan Council, describing the metropolitan significance review process for the proposed MegaMall in Bloomington. A public hearing will be held as part of the process, however input will be accepted at any time. The City Council discussed this and agreed not enough information is available yet on which to comment, but it may want to consider it in the future. The Council received a memo dated September 9, 1985, from the City Admin- istrator concerning the review and adoption schedule for the 1986 Budget. It would anticipate adoption at the regular meeting on October 10, 1985. The Council received a memo dated September 9, 1985, from the City Administrator outling the Council meeting schedule for September and October. The Council con- curred with the schedule with all meetings starting at 8:00 p.m. and asked that the September 19, 1985, informal meeting include discussion of insurance and use of building materials on structures in the City. MOTION: of Holton, seconded by Humphrey, setting informal meetings at SET SPECIAL 8:00 p.m. on September 24 and October 1, 1985, for review of the MEETINGS 1986 budget and a special meeting at 8:00 p.m. on October 3, 1985, for the budget hearing. Ayes - 4 - Nays - 0. Mr. Asleson said the Dakota County Legislative Committee will begin its DAK. CO. LEG. regular meeting schedule on the third Thursday of each month at 8:00 a.m. COM. M~ETINGS at Rosemount City Hall on September 19, 1985. Councilmember Holton said he will generally plan to attend these meetings. Mayor Branning said he will attend the meeting on September 19, 1985. Mr. Asleson said the AMM is requesting nominations for a vacancy on its Board of Directors and will give 9teferene& to nominees from Dakota County. Nominations must be submitted by September 25, 1985. The Council agreed to discuss nominations at its September 19, 1985, meeting. AMMBOARD VACANCY CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 44709 through 44780, 44789 through 44907 and 44909 through 44927, in the total amount of $5,986,203.59. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:50 o'clock p.m.