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HomeMy WebLinkAbout09/26/1985CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 26th, 1985, at 8:00 o'clock 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 to- night's meeting as presented. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Holton, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- RES. 1985-172 172 approving special assessment divisions numbered 15844, Out- ASSESSMENT lot I, Trans Union; 15953, North Star Industrial Park 2nd; 16019, DIVISIONS Matchett/Nordic Section 22; 16053, Meadowlark Glen 2nd; and 16078, Southport 3rdo Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 173 approving special assessment divisions numbered 16089, Lot 1 Block 7 Apple Valley Commercial; 16052 and 16133, Carrollton Estates; 16144, Cobblestone Manor 3rd; 16055, Hallwood High- lands; and 16080 and 16150, Pilot Knob Estates 4th. Ayes - 5 - Nays - O. RES. 1985-173 ASSESSMENT DIVISIONS AMEND FIRE TRUCK REBHILD AGREEMENT HIRE PARTTIME EMPLOYEES PROJ. 84-8 CHANGE ORDER 1 RES. 1985-174 STOP SIGN RES, 1985-175 APPROVE COMP. PLAN AMENDMENTS MOTION: of Holton, seconded by Humphrey, approving an amendment to the eontract with Custom Fire Apparatus for rebuilding a fire truck by authorizing a larger generator at a cost of an additional $800.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the parttime employees as listed in the memo from the City Administrator dated September 19, 1985. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 1 to the contract with Encon Utilities for Project 84-8, Lac Lavon Improvements, in the amount of an additional $7,710.00 for the park parking lot. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 174 authorizing installation of a stop sign on Guild Avenue at its intersection with Harwell Path. Ayes - 5 - Nays - 0. MOTION:of Holton, seconded by Humphrey, adopting Resolution No. 1985- 175 adopting amendments to the Land Use Guide Plan of the City's Comprehensive Plan, as approved by the Metropolitan Council, for Scottsbriar and Carrollton Estates areas. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 2 MOTION: of Holton, seconded by Humphrey, readopting Ordinance No. as passed June 6, 1985, rezoning Carrollton Estates to a Planned Development Designation. Ayes - 5 - Nays - 0. 341, READOPT ORD. 341CARROLLTON P.D. ZONING MOTION: of Holton, seconded by Humphrey, readopting Ordinance No. 342, as passed April 11, 1985, rezoning Scottsbriar to a Planned Development Designation. Ayes - 5 - Nays - 0. READOPT ORD. 342 SCOTTSBRIAR P.D. ZONING SEPT. 12, 1985 MINUTES SEPT. 19, 1985 MINUTES AUDIENCE DISCN. END OF CONSENT AGENDA MOTION: of Holton, seconded by Humphrey, approving the minutes of the regular meeting of September 12th, 1985, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Savanick, seconded by Goodwin, approving the minutes of the special meeting of September 19th, 1985, as written. Ayes - 3 - Nays - 0 (Holton and 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 reviewed the proposed special assessment rolls 204 through 1985 SPECIAL 212 in the total amount of $3,367,958.00. He distributed a revised ASSESSMENT summary with suggested corrections and reductions to the rolls result- HEARING ing in a total of $3,034,403.00. The changes include deleting Lac Lavon assessments in the amount of $324,000 at the request of Sienna Corporation who has agreed to a two-year assessment levied in 1986; deleting Lot 2, Block 1, of Carrollwood Village 6th Addition's assessment in the amount of $6,344.00 because proper notice was not given to condominium owners; Forest Point and Forest Park Estates 4th corrections of $6,291.00; and mathmatical corrections of $3,080.00. Mayor Branning called the public hearing to order at 8:12 p.m. on assessment rolls 204 through 212 and noted receipt of the affidavit of publication of the hearing notice. The Council received a letter dated September 26, 1985, from Frana Companies, Inc., requesting deletion of all assessments in Carrollwood Village 6th Addition. Mr. Asleson said the assessments being levied are trunk assessments on the property and, in change of ownership on the property the new owner is objecting. These assess- ments had not previously been levied. The Mayor asked for questions or comments. Councilmember Holton asked if it is unusual to delay the Lac Lavon assessments? Mr. Asleson said the levy can be made anytime after a contract is let for the work. If it is not complete at the time of assessment, adjustments can be made when it is final. This contract was recently awarded and the assessment amount will be more accurate if it is levied in 1986. There being no further comments the hearing was declared closed at 8:14 p.m. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- 176 approving 1985 special assessment rolls 204 through 212, with the corrections as presented, in the total amount of $3,034,403.00 and authorizing their transmittal to the County Auditor. Ayes - 5 - Nays - 0. RES. 1985-176 LEVY ASSMTS. 204 TO 212 CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 3 Keith Gordon reviewed the proposed improvement Project 85-239, Nordic PUBLIC HEARING Woods 9th and Forest Ridge, as contained in his preliminary engineering PROJ. 85-239 report dated August 19, 1985. Mayor Branning called the hearing to or- NORDIC 9TH & der at 8:16 p.m. and noted receipt of the affidavit of publication of FOREST RIDGE the hearing notice. He asked for questions or comments from the Council and the audience. Frank Kleckner asked how the cost of the temporary lift station will be paid. Mr. Gordon said the developer will pay for the installation. When trunk sanitary sewer is extended, it will be removed and salvaged. This is a lift station the City owns and has available. There being no further questions, the hearing was declared closed at 8:18 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 177 ordering installation of Project 85-239, public improvements for Nordic Woods 9th and Forest Ridge Additions. Ayes - 5 - Nays - 0. RES. 1985-177 ORDER PROJ. 85-239 RES. 1985-178 PROJ. 85-239 PLANS & SPECS. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1985- 178 directing the Engineer to prepare plans and specifications for Project 85-239. Ayes - 5 - Nays - 0. The Council received a letter dated September 19, 1985, from the Dakota FIRST-TIME County HRA requesting it to consider a "First-Time Homebuyer Program". HOMEBUYER Mark Ulfers, of the HI{A, was present to explain the program. He distri- HRAPROG.RAM buted information on some of the restrictions including maximum family income and purchase price. The loan can be used to purchase a new or existing home, condominium or townhouse, but not a mobile home. Applications for the loans are processed through mortgage bankers just like other mortgages. The funds are provided by tax exempt bonds and the State will allocate $27 to $30 million of the authority to issue the bonds to cities (excluding Minneapolis and St. Paul). The allocations will be made by lottery of the cities applying on January 16, 1986. Mr. Asleson said if the City wishes to submit its application, part of the process will be updating the City's 462C Housing Plan. Mr. Ulfers has said he would be willing to do most of the work with assistance of City Staff. MOTION: of Holton, seconded by Savanick, endorsing submitting an appli- cation for $10,000,000 bonding authorization for a First-Time Homebuyer Program and authorizing Staff to proceed with updating the City's 462C Housing Plan. Ayes - 5 - Nays - 0. PROCEED WITH FIRST-TIME HOME BUYER PROGRAM The Council received a memo dated September 20, 1985, from Tom Lawell concerning a Dakota County Landfill Abatement Funding Application. Mr. Asleson noted the funds will be used for joint recycling center and Lakevitle and Rosemount have approved the application. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1985- 179 approving an application for funding reservation in the amount of $8,332.00 to Dakota County for landfill abatement fund- ing to establish a Goodwill attended recycling center and yard waste composting operation. RES. 1985-179 APPLY FOR I2kND- FILL ABATEMENT FUNDING CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 4 Del Edwards, of Goodwill Industries, was present and said the system being pro- posed is in use in other parts of the United States. The funds available from Dakota County are a method of getting it started here. A center like this is currently operating in Hopkins. The site proposed, southeast of Pilot Knob Road and 160th Street in Lakeville, will need advertising and promotion to make people aware of it. Another concern that will have to be addressed is snow removal. They hope to have the center operating by April 1, I986. Councilmember Savanick asked if Goodwill had ever considered opening a store in Apple Valley? Ms. Edwards said they have stores in several locations, but had not considered Apple Valley. Some cities have not wanted the stores, but many of them have been very successful. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz reviewed the Planning Commission report dated September 26, THE OAKS OF 1985, on rezoning and preliminary plat for The Oaks of Apple Valley III, APPLE VALLEY the St. Paul Council of Camp Fire property. The proposal was recommended III for approval with the exclusion of the cul de sac on 137th Street. It was recommended it either be deleted or extended as.a through street because of maintenance costs. The Council also received a memo from Mr. Gretz dated September 19, 1985, concerning maintenance costs of cul de sacs. Jon Gurban said park dedication would be satisfied by a combination of cash and land. Additional land on the west edge of the property would provide a buffer for the pathway along Farquar Hills Addition. Land at the southwest corner of the property would be dedicated and three or four acres added when the adjoining property develops to become a neighborhood park area. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 347 re- zoning The Oaks of Apple Valley III, in the Southeast Quarter of Section 24, from "P" to R-lC as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 347 REZONE OAKS III TO R-lC PRELIM. PLAT THE OAKS OF A.V. III MOTION: of Holton, seconded by Savanick, approving the preliminary plat of The Oaks of Apple Valley III, as recommended by the Plan- ning Commission, with the cul de sac on 137th Street eliminated and extended as a street connecting to Dunbar. Councilmember Savanick offered a motion, which died for lack of a second, relocating the flag-shaped lot lines on Lot 3, Block i, and Lot 33, Block 3. Bruce Folz, representing the developer, said this is an extremely wooded, rolling site on which they are proposing expensive housing. The Comprehensive Plan would allow 400 dwelling units, but they are proposing 104 lots to maintain the atmosphere. The cul de sac proposed would eliminate about 400 feet of street so, in his opinion, maintenance costs would be equal. Property taxes on these houses would be greater than on less expensive houses and pay for the maintenance. If it is not possible, to have the cul de sac, they would like the option of con- necting either to Dunbar or 136th Street Court. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 5 Bill Price, of Suburban Engineering, said the layout of the proposed cul de sac has only three driveways on it and the typical cul de sac has four or more which cause the problems with snow removal. Councilmember Holton said the policy is to elimin- ate unnecessary cul de sacs whenever possible. Mayor Branning said he understands the desire for cul de sacs, but without this policy, every development would be re- questing all cul de sacs. Terry Maurer said developers need cul de sacs as an amenity to promote the area. Buyers can get them in other cities and will pay a premium and accept higher taxes to live on a cul de sac. He reviewed tax comparisons on houses ant based on per- centages, a $100,000 house will pay $63.04 toward street maintenance, a $200,000 house $169.72 and a $300,000 house $272.00. If the street is extended through, it would separate an area of lots into an island and not fit in with the secluded atmosphere. Councilmember Goodwin said he generally agrees with the policy on cul de sacs, how- ever, there are cases where they could be hllowed. He can understand the concept here and this would be the proper place to make an exception. Councilmember Savanick said 80 lots in the plat will not be on cul de sacs and those lots will set the tone for the area more so than cul de sacs. Frank Kleckner said he supports what Mr. Mauer said and he has the same concern about providing cul de sacs in his developments. Councilmember Savanick said she would like the lots abutting ponding areas redrawn with straight lot lines. Bruce Folz said the lines are drawn to allow houses access to the ponds. The Engineer hasn't determined the high water level of the ponds yet, but these rear lot lines will be under water most of the time. Rita Gutenkauf said she lives in an area with cul de sacs and doesn't believe they have been a problem. Councilmember Goodwin said this proposal is not overdone with cul de sacs and even though the policy is good, there could be exceptions. MOTION: of Savanick, seconded by Holton, tabling consideration of the TABLE OAKS preliminary plat of The Oaks of Apple Valley III to allow a re- PRELIM. PLAT vised plan to be prepared by the developer. Roll call vote was taken on the motion: Goodwin - no, Holton - yes, Branning - no, Savanick - yes, Humphrey - yes. Consideration of the preliminary engineering report was also tabled until the plat is considered. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 180 approving the final plat and development agreement for Nordic Woods Eighth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 181 approving the final plat and development agreement for Nordic Woods Ninth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1985-'i80 FINAL PLAT NORDIC WOODS 8% RES. 1985-181 FINAL PLAT NORDIC WOODS 9~ CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 6 The Council received Jon Gurban's memo dated September 23, 1985, concerning up- grading Moeller and Chaparral Parks. Greg Kopischke and Rita Gutenkauf, of the Park Committee, were present and Mr. Kopischke described the proposed improvements. MOTION: of Humphrey, seconded by Goodwin, authorizing expenditure of up to $55,000 of Park Dedication Funds to improve Moeller and Chaparral Parks as outlined in the September 17, 1985, report from the Park Director. MOELLER & CHAPARRAL PARK IMPROVEMENTS Mayor Branning questioned putting a soccer field in Moeller Park, a neighborhood park, and asked if it would be better to use the money and open Eastview for soccer fields? Mr. Gurban said they have not completed a layout for Eastview yet and with the demand for soccer fields, he believes additional fields will be needed than what can be accommodated there. Perhaps purchase of additional land should be considered. Mayor Branning said his main concern is a possible problem with organized soccer activities in a neighborhood park. Mr. Kopischke said they are attempting to pro- vide something for which there is a need. It was felt this park could accommodate uses beyond a neighborhood park and they believe other neighborhood parks should be reviewed also. Mr. Gurban said this park is somewhat larger than other neigh- borhood parks and has an area adjacent to Johnny Cake Ridge Road for access. He said there is not really land available to buy at Eastview. The park will function on the 25 acres there, but it was not intended for a full length soccer field. Mayor Branning said he believes work could still be started at Eastview. when a park is already developed, he doesn't believe park dedication funds should be used for it nor should they be used for neighborhood park development. There has not been a policy set on expenditures of the funds. Mr. Gurban said he understood the funds were to be used for improving and upgrading parks. There is no policy, so when expenditures are recommended the request is brought to the Council for consideration. Councilmember Humphrey said there is a church parking lot adjacent to Moeller Park. The church could be contacted about using it for overflow parking in addi- tion to the one proposed. Mayor Branning said he does not believe an activity like this should be in a neighborhood park. Councilmember Goodwin said the Park Committee is looking at neighborhood parks to see if other uses could fit in. Mr. Kopisehke said they are looking at community needs and underutilized parks and don't intend that such uses can be accommodated in all neighborhood parks. Moeller Park is an underutilized park on a high traf- fic street and would seem to accommodate a soccer field. Councilmember Savanick said the demand for organized recreation is greater than in 1970 and, with limited land, she agrees underutilized parks should be looked at for other uses. Mr. Kopischke said it has been only recently that park dedication funds have been spent and he believes they have been very judicious in their recommendations. Mayor Branning said he is concerned about organized activities in parks when the Council has tried to keep them out of neighborhood parks in the past. He would like a policy on use of park dedication funds before any further funds are spent. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Branning). CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 7 MOTION: of Humphrey, seconded by Holton, appointing David R. Reif to the Park Committee for a term expiring March 1, 1987. Ayes - 5 - Nays - 0. APPOINT REIF PARK COMMITTEE RES. 1985-182 TAKE BIDS PROJ. 85-233 It was noted there is still one vacancy remaining on the Park Committee. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 182 approving plans for Project 85-233, Electric Motor Control for Pumphouse No. 4, and authorizing advertisement for bids to be received October 8, 1985, at 2:00 p.m. Ayes - 5 - Nays - 0. David Kroos, of Boatman Architects, was present and reviewed plans for the cold storage building at the Public Works Garage site with the Council. A concrete floor is being bid as an alternate and the total estimated cost for the building is $210,165.00. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1985- 183 approving plans and specifications for an Equipment Storage Building and authorizing advertisement for bids to be received at 2:00 p.m. on October 28, 1985. Ayes - 5 - Nays - 0. RES. 1985-183 TAKE BIDS STORAGE BLDG. CITY HALL SPACE NEEDS STUDY MOTION: of Holton, seconded by Goodwin, authorizing Boarman Architects, Inc., to proceed with a space needs study through the year 2000 for City Hall facilities at a cost not to exceed $5,000 as out- lined in their letter dated September 12, 1985. Ayes - 5 - Nays - 0. Mr. Gretz reviewed bids received September 25, 1985, for a four-wheel drive tractor with backhoe, front loader and cab. The second low bidder meets the specifications with very minimal differences. The low bidder does not meet the specifications in several areas; most importantly, it has mechanical brakes instead of hydraulic brakes and the bucket is one cubic yard instead of 1.5 cubic yards as requiC&df~ MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 184 finding that the low bidder, Carlson Equipment, does not meet specifications for furnishing a four-wheel drive tractor with backhoe, front loader and cab and the deviations in the equipment of the second low bidder are minor and awarding pur- chase of the equipment to Hayden-Murphy Equipment Co. for its net bid of $32,995.00. RES. ~985-184 AWARD PURCHASE TRACTOR, BACK- HOE, FRONT LOADER & CAB Rich Carlson, of Carlson Equipment was present and said he takes exception to the requirement for hydraulic brakes. A detailed analysis would show all the equipment bid does not exactly meet the specifications, but they are in the 15-foot range of performance and any one would perform satisfactorily. Dick Ling said a critical area is the size of the bucket. It will be used to load trucks for sanding streets in winter and the smaller bucket would increase the time involved. The Street Department has a Ford now with mechanical brakes and they have had problems using it on slopes, where this new equipment will also be used. The Ford does not meet the weight requirement without its attachments and when the weight of the attachments on the other equipment is considered it exceeds it. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 8 Mr. Sheldon said the issues for the Council to consider are; did the City properly specify the equipment and are the specifications reasonable; does the equipment bid meet the specifications; if it does not, are the deviations minor enough not to affect overall performance and be waived. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, approving an agreement with Orr-Schelen-Mayeron & Associates, Inc., to design a traffic signal system for the intersection of County Road 42 and Garrett Avenue at a cost not to exceed $4,800.00 and authori- zing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. ORR-SCHELEN- MAYERON SIGNAL AGRMT. COUNTY CAPITAL IMPROVEMENT PLAN COMMENTS The Council received a memo from John Gretz dated September 19, 1985, and a copy of the Dakota County Capital Improvement Plan for 1986 to 1990. Staff comments were submitted generally concurring with the Plan. The item was received for information purposes only. Mr. Asleson requested the Council take no action supporting an appoint- AMM BOARD ment to the Association of Metropolitan Municipalities. When this was VACANCY scheduled for the agenda, it was thought only Councilmember McElroy of Burnsville was interested. Since then, Several people have expressed an interest and it would be inappropriate to make an endorsement now. MOTION: of Savanick, seconded by Goodwin, designating Councilmember Holton as the City's voting delegate to the National League of Cities Congress in Seattle on December 7 to 11, 1985. Ayes - 5 - Nays - O. HOLTON NLC DELEGATE George Ballenger said he has contacted two consultants who would be in- RISK MANAGEMT. terested in providing risk management services for the City. Dwight CONSULTANT Tange, of Farmington, was present and distributed his proposal. Mr. Ballenger said he will be meeting with the other individual and make a recommenda- tion at the Council's next meeting. Mr. Ballenger said he has received requests for agent of record letters from two insurance agencies. Past policy has been to give a letter to the first one request- ing it. Since the City is not required to bid insurance, but may solicit quotations instead, the Council could proceed with solicitation. There are basically two insurors, The Home Insurance Company and the League of Minnesota Cities, for muni- cipal insurance. The agents would be quoting these and whatever other sources might be available for some coverages. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of agent of record letters to PrideMark Morrisey Agency for The Home Insurance Company and to Apple Valley Insurance Agency for the League of Minnesota Cities Insurance and authorizing proceeding with solicitation of quotations for the City's insurance re- newals effective January 1, 1986. Ayes - 5 - Nays - 0. SOLICIT INS. QUOTATIONS Councilmember Humphrey asked that consideration of a risk management consultant be discussed at the Council's October 3, 1985, special meeting. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1985 Page 9 MOTION: of Holton, seconded by Goodwin, approving hiring Patrick Gordon for the position of Maintenance I effective October 14, 1985, on a fulltime basis, at a starting salary of $8.14 per hour. Ayes - 5 - Nays - 0. Mayor Branning read a letter he recieved from Striker Soccer Sixes Challenge thanking the City for help in its recent activities and ex- pressing interest in establishing a league in Apple Valley. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 45035 through 45136, in the total amount of $561,546.15. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5,=- Nays - 0. The meeting was adjourned at 11:15 o'clock p.m. HIRE GORDON MAINTENANCE I MAYOR'S CORRESPONDENCE CLAIMS & BILLS