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HomeMy WebLinkAbout11/13/1980CITY OF APPLE VALLEY Dakota County~ Minnesota November 13, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 13, 1980 at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly, Overgard, and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Overgard, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MINUTES CONSENT AGENDA PILOT KNOB ESTATES PRELIM. PLAT EXTENSION CROSS COUNTRY SKI RENTAL EQUIP. AGREEMENT CHANGE ORDER 1 PROJ. 80-10 REVISED COMP. PLAN UTILITIES SECTION CHANGE ORDER 1 PROJ. 80-9 140th STREET RES. 1980-147 STOP SIGN MOTION: of Savanick, seconded by Overgard, tabling the minutes of the special meeting of October 20, 1980, and approving the minutes of the regular meeting of October 23; 1980 and the special meeting of November 6, 1980, as written. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, removing the resolution on employee safety to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Kelly, granting a two-year extension (until December 14, 1982) of the preliminary plat approval for Pilot Knob Estates as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving an agreement with Valley Bike and Ski, Inc., for cross country ski rental equipment at Lebanon Hills Golf Course with the City receiving 50 percent of the gross revenue and authorizing the Mayor and Clerk to sign the agreement. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving Change Order No. 1 to the contract with Bituminous Roadways, Inc., for Project 80-10, park construction, of an additional $429.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, accepting revised pages of the Utilities section of the Comprehensive Plan and authorizing for- warding them to the Metropolitan Council for inclusion in the Comprehensive Plan as reconunended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving Change Order No. 1 to the contract with McNamara Vivant Contracting for Project 80-9, 140th Street improvements from 135th Street to County Road 11, of an additional $2,235.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1980-147 authorizing erection of a stop sign on Garrett Avenue at its intersection with Glazier Avenue. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1980 Page 2 MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1980-148 superceding Resolution No. 1980-135 by authorizing the Mayor and clerk to execute a highwya easement to Dakota County with- out monetary consideration for the County Road 42 right-of-way. Ayes - 5 - Nays - 0. RES. 1980-148 CO. RD. 42 EASEMENT RES. 1980-149 URBAN PLANNING COMP. PLAN FINAL PAYMENT INTERDESIGN PAYMENT HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1980-149 accepting the contract dated May 12, 1977, with Urban Planning & Design for the City's Comprehensive Plan preparation as com- plete and authorizing final payment in the amount of $1,450 subject to the understanding set forth in Urban Planning & Design's letter dated November 6, 1980. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving check number 19734 in the amount of $1,330.96 to InterDesign for preparation of ex- hibits to the Farquar Park LAWCON grant application. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving hiring Amy Pacholski as a Skating Aide at $3.15 per hour effective November 6, 1980; Tod Johnson as a Building Attendant at $3.50 per hour effective October 27, 1980; Sonia Mahler as a Special Event Aide at $3.25 per hour effective October 25, 1980; Tammy Berg as a Swimming Aide at $2.18 per hour effective October 20, 1980; and Dido Overgard as a Swimming WSA at $3.00 per hour effective October 20, 1980. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS Mayor Garrison called the public hearing to order at 8:00 p.m. on Street Lights for Greenleaf 2nd, 3rd and 4th Additions and noted receipt of the affidavit of publication of the hearing notice. He said that a petition, under Ordinance No. 210, was received from residents of Greenleaf 2nd Addition. At the time the petition was considered, Greenleaf 3rd and 4th Additions were included in the consideration because these are the only remaining subdivisions in that area without street lights. John Gretz dis- tributed copies of the feasibility report dated September 17, 1980, and said the amount of $2.25 per quarter per lot for energy and maintenance costs is incorrect and should be $2.63. He said the cost estimate per lot is approximately the same whether the lights are installed in one subdivision or in all three. Mr. Gretz showed maps with the locations of the proposed street lights and said the energy costs are subject to periodic rate increases which are unknown for the future. Mayor Garrison asked for questions and comments from the public. (See details of questions and answers attached.) After everyone present had been given an opportunity to comment, the hearing was closed at 9:04 p.m. Mr. Asleson said the Council could delay taking action on this for two weeks, if desired, for further input. Councilmember Savanick asked if installation costs would increase if the project were delayed until spring? Mr. Asleson said the Council has six months to make a decision and if the costs increase very much by then, a new hearing would be required. Mr. Brunkhorst, of Dakota Electric, said if the project were ordered now, the light fix- tures would be ordered immediately. He also said he believed the labor estimates in the report would cover spring construction costs. Councilmember Kelly suggested tabling consideration of this until the November 25th meeting. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1980 Page 3 Mary Splett said the petition from Greenleaf 2nd Addition was for a feasibility report and did not necessarily mean those signing it were in favor of the lighting. Rick Carlson said if people were opposed to the lighting, there would be more people here at the meeting. Nancy Doheny said most of the people she talked with were resigned to the lights going in but were not in favor of them. A straw poll of those present at the meeting was taken with 12 people from Greenleaf 2nd in attendance and 6 being in favor; 5 people from Greeleaf 3rd and 2 in favor; and 6 people from Greenleaf 4th and 1 in favor. Councilmember Holton said the locations of lights and the purpose was perhaps not brought out very well in the hearing discussion. Mayor Garrison said the lights are proposed to be located at the end of cul de sacs, at intersections, on curves, and spaced about 400 feet apart throughout the area. The Council agreed to table this until its November 25th meeting. The Council received a memo from John Gretz dated November 7, 1980, reviewing the Planning Commission's recommendation for approval of the rezoning and preliminary plat on the Beckman property located north of Lebanon Hills Golf Course. Councilmember Savanick re- quested tabling it until November 25th for more research, especially as it pertains to the Comprehensive Plan which shows it as park area. She also said this proposal should be discussed with the City of Eagan and Dakota County. MOTION: of Savanick, seconded by Overgard, tabling consideration of re- zoning and preliminary plat on Beckman property until the Novem- ber 25, 1980 Council meeting. Ayes - 3 - Nays - 2 Garrison and Holton). TABLE BECKMAN REZONING & PLAT HAMLET II PRELIM. PLAT & IMPROVEMENTS MOTION: of Overgard, seconded by Holton, approving the preliminary plat of Hamlet II, as recommended by the Planning Commission, and directing the preparation of a development agreement and prelim- inary report on the installation of utilities. Ayes - 5 - Nays - 0. MOTION: of 0vergard, seconded by Holton, granting a waiver of platting LAPPI WAIVER for the Lappi property located at the north end of Farquar Lake, OF PLATTING subject to filing a one-foot easement restricting access to Pilot Knob Road and filing an easement guaranteeing both parcels use of a shared driveway, as recommended by the Planning Commission. Councilmember Savanick questioned whether dedication for right-of-way for any future widening of Pilot Knob Road should be required also. John Gretz said it was not in- cluded because it is not known on which side of the road the right-of-way would be needed when the road is widened. Jim Sheldon siad an option for the right-of-way could be included rather than a specific easement at this time. Peter Ogdahl, representing Ione Lappi, was present and asked what was being requested. The option was explained to him. The motion and second agreed to amend the above motion by adding the filing of an option to dedicate up to 75 feet of right-of-way for the Pilot Knob Road to the City for perpetuity. Ayes - 4 - Nays - 1 (Kelly). CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1980 Page 4 The Council received a report from Dakota County dated October 22, 1980 on the County Road 42-Elm Drive intersection. Mayor Garrison reviewed the report and said the recommendation was to delay signalization at this time. No action was taken on the report. Councilmember Holton said the County Highway Engineer had reported that it would not be feasible to change the Garden View Drive-County Road 42 signal to have a green left turn arrow following the solid green light. This is usually only done when traffic turns in only one direction. The Council discussed ice rental rates at the arena. Mayor Garrison asked Mike Bassett what the operation costs during the late night rentals would be? Mr. Bassett said the costs would not be very high since only one employee would be on duty. They are pro- posing a reduced rate rental for the hours after midnight on an experimental basis and do not know what the response would be. Councilmember Kelly commented on the School District using prime ice time for its .functions. Mr. Asleson said this was part of the agreement between the City and the School District when the arena was proposed. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980- 150 setting the 1980-81. Ice Arena rental rates at $55.00 per hour and at $35.00 per hour for late night hours after 12:00 midnight. Ayes - 5 - Nays - 0. RES.. 1980-150 1980-81 ICE ARENA RATES Mike Bassett described the Yamaha Music School program for music lessons offered at Hayes Community Center through Bodine's. He said the classes were being offered at the request of the public. MOTION: of Overgard, seconded by Holton, approving an agreement with Bodine's, Inc., for Yamaha Music School classes at Hayes Community Center through May 31, 1981. Ayes - 5 - Nays - O. BODINE'S MUSIC CLASS AGREEMENT Consideration of resolutions relating to Comprehensive Plan Amendment procedures was deleted from the agenda. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1980- RES. 1980-151 151 establishing a policy on employee safety. Ayes - 5 - SAFETY Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- RES. 1980-152 152 authorizing issuing a duplicate check to Dakota Electric DAKOTA ELECTRIC Association in the amount of $15,662.30 for a check which was DUPLICATE CHECK lost in the mail. Ayes - 5 - Nays - 0. Councilmember Overgard said a study of County Road 42, west of Pennock, should be prepared, including accident rates at each of the intersections and preliminary cost estimates for improvements. Councilmember Kelly asked whether a flashing light could be installed on the divider on County Road 42 at Apple Valley Square because it is difficult to see and has been hit by vehicles so often. John Gretz will check into this. Councilmember Overgard asked what the County shows in its Transportation Plan for this section of County Road 42? Mr. Gretz said it is shown as being upgraded with turning lanes, but no phasing or time schedule is shown. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1980 Page 5 MOTION: of Overgard, seconded by Kelly, directing the Connnunity Develop- ment Department to prepare a report of preliminary cost esti- mates on County Road 42, west of Pennock, including left turn lanes, signalization and storm sewer and a report on accident rates. Ayes - 5 - Nays - 0. CO. RD. 42 IMPROVEMENT REPORT Councilmember Overgard asked when the Council would be considering the 1981 budget again? Mr. Asleson said he plans to have the water and sewer and recreation budgets on theNovember 25th meeting agenda. Councilmember Savanick questioned whether a special meeting might be necessary to complete the budget. Mr. Asleson said the Council could decide on November 25th if it believes a special meeting should be set. MOTION: of Savanick, seconded by Garrison, to pay the claims and bills, checks numbers 1865, 19978 through 20026 and 20028 through 20052, in the total amount of $231,376.41. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:25 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1980 Detail of Questions and Answers from Greenleaf 2nd, 3rd and 4th Additions Street Lighting Public Hearing. Anthony Nelson, 890 Redwood Drive - Is a member of the Minnesota Astronomical Society which is attempting to build an observatory, possibly in Farmington. Is concerned about light going up into the sky. Said ornamental lighting provides only a small amount of usable light. Asked if it would be possible to use some type of shielded lighting which would direct more light downward? Ed Brunkhorst, of Dakota Electric, said the amount of usable light has a lot to do with the type of fixture. The fix- tures proposed are a coach-type lamp with a covered top. He said a different type of fixture could bemused, but this is the type they have'been using and he would have to get information on other types of fixtures. Mr. Nelson said he has talked with the City of Minneapolis and they used the lighting along Hennepin Avenue as an example of the improved type of lighting system being referred to. He had a copy of a report on this lighting with him. Richard Carlson, 13596 Findlay Avenue - Asked if the same contractor who installed the lights in Greenleaf 1st Addition would be used? Mr. Brunkhorst said yes. Mr. Carlson said he was in favor of the lights and the Council should go ahead with the installation. Mike Boucher, 13345 Foliage Avenue - Asked who pays for the maintenance and repairs to the lights? Mr. Brunkhorst said Dakota Electric does and this is included in the energy rates. Randy Baker, 13345 Fordham Avenue - Said he was in favor of the lights because they help police in patrolling areas, cut down on vandalism, will be more expensive to install in the future, and help make the streets safer. Jack Eberlein, 13259 Findlay Court ~ Said he is in favor of the lights and they should be installed. Richard Carlson asked what would be the installation schedule? Mr. Brunkhorst said it might be possible to start yet this fall, but it would probably be done in the spring. Nancy Doheny, 6437 West 134th Street - Said she had a problem with the total cost and asked why it is so great? Mr. Brunkhorst said the light pole and fixture on it costs about $400 and labor is approximately $500 for installing each one. He said the charge will be based on actual cost and any savings are passed on to the homeowners. The figures used in the report are estimated to be the maximum cost and the actual cost will probably be less. Don Baldwin, 13442 Flagstaff Avenue - Said he is against the lights because he feels his house has a more private location without lights, they do not promote energy con- servation, those who want lights can install their own, and they have problems with their children waking up early in the morning because of the noise from the gravel operation and lights would interfere even more with their sleep. Kathy Shier, 6935-133rd Court - Said she is against the lights because she does not want them shining in her window, they are being proposed because the City is re- sponding to hysteria over the possibility of someone being attacked, one light is proposed to be installed next to a gas light which has already been converted to an electric light and no lights, are going to be installed in park areas. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1980 Page 2 Public Hearing Questions and Answers John Shier, 6935-133rd Court - Is opposed to street lights because of lights shining in his bedroom window and inflation is going to make the energy costs too high. Bettylou Lindell, 13540 Ferris Avenue - Said she does not want lights installed and she lives across the street from a park and have had no problems. Ron Lee, 13364 Fordham Avenue - Is in favor of the lights and installing shades on windows will eliminate problems with lights shining in windows. Mary Haugan, 13403 Foliage Avenue - Is in favor of lights because she had a window peeker problem and it is not safe because it is too dark. Mary Splett, 13330 Flagstaff Avenue - Asked what are right-of-way acquisition costs? John Gretz said some side lot line easements may be needed, but the cost for these will be minimal. She also said she was concerned about the total cost. Martha Greisbach, 6300 West 137th Street - Asked is Greenleaf 3rd and 4th Additions do not have the lights installed now, will there be another hearing? Mr. Alseson said the report on Greenleaf 2nd Addition was petitioned for, but the Council could order lights for any one, or all three, of the subdivisions. Residents in the 3rd and 4th Additions could petition for lights if they were not installed now. Mrs. Griesbach said she does not want the lights. Richard Carlson asked how many notices of the hearing were mailed? About 450. He said not many people must be opposed to the lights because very few are present at this meeting. Jack Eberlein said he is in favor of the lights. John Shier asked about the alleged rape that precipitated the requests for street lights. Mayor Garrison said it was an assault in a park in North Apple Valley. Mike Boucher said he has had vandalism to his property and it seems to be increasing in the last few years. He asked if the police had records on the difference in vandalism in Greenleaf 5th Addition, for instance, which has street lights, compared to areas that do not have street lights? This was not known. Mary Splett said she understands the proposed lights do not give off very much light and probably would not help or be adequate lighting. Councilmember Holton suggested she look at the lights which were recently installed in Greenleaf 1st Addition. Don Baldwin said he has heard that lights would make it safer for pedestrians, but in his area there are no pedestrians outside after dark anyway. Erv Ulrich, 13365 Fordham Avenue - Said he is against the lights because he has his own light on a timer and that is sufficient for him. Mike Boucher asked when a decision will be made? Mayor Garrison said probably tonight. Alice Greenan, 6839 West 133rd Street - Asked if only the 2nd Addition lights are installed, will that cost be more? Mr. Gretz explained that the cost was on a per CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 1980 Page 3 Public Hearing Questions & Answers light basis and it will be approximately the same whether one subdivision is installed or all three are. Bonnie Drecktrah, 6388 West 134th Street - Is in favor of the lights and said the cost is not too high to pay for safety. Ed Carlier, 13405 Findlay Avenue - Said if the cost of the lights were put on their taxes as an assessment rather than being paid with the utility bills, they would be able to deduct it from their income taxes. Mr. Asleson said if the cost were part of the general tax levy fdr the City, this would be true. The general tax levy is paid by all residents of the City and that is why only areas that have street lights pay for the cost directly. Mr. Carlier questioned whether the lights providing safety is any different from an unfenced gravel pit in their neightborhood. Juan Balli, 13565 Findlay Avenue - Is against the lights. Nelda Lee, 13364 Fordham Avenue - Is in favor of the lights. Joe Tokar, 6205 West 137th Strret - Is against the lights and said loose dogs are more of a problem. Mike Haugan, 13403 Foliage Avenue - Is for the lights. Anthony Nelson asked if the City would be interested in more research on lighting design? Mayor Garrison said the lighting has been proposed based on the type of lights available. Mr. Nelson also said, from his experience as Animal Warden, that the lights do not provide enough light to help find animals at night. Tom Jones, 6866 West 133rd Street - Is against the lights. A written response was received from Mary Casey, 13571 Fernando Avenue, Stating she supports the installation of residentfal street lights in the 4th Addition.