Loading...
HomeMy WebLinkAbout06/09/1992CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 9th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey (attended from 8:09 p.m. to 10:06 p.m.), and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Bail, Finance Director Ballenger, Personnel Director Boland, Police Gaptain Erickson, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch.. Mayor Holton 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 Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Mayor Holton asked if anyone was present to address the council at AUDIENCE DISC. this time on any item not on this meeting's agenda. No one was present to speak. Mr. Melena read a letter dated June 4, 1992, from Joe McCarty, 5649 West 143rd Street, age 3 1/2, thanking the City and construction workers for constructing the pathway on Johnny Cake Ridge Road. MOTION: of Erickson, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA MAY 28, 1992 MINUTES PROCLAIM FLAG DAY RES. 1992-146 D.A.R.E. DONATION ROSEMOUNT LEGION TEMP. BEER LICENSE CONSENT AGENDA ITEMS MOTION: of Erickson, seconded by Goodwin, approving the minutes of the regular meeting of May 28th, 1992, as revised on page 6. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, proclaiming June 14, 1992, as "Flag Day" and urging all citizen to pause at 6:00 p.m. for the "Pause for the Pledge" and recite the Pledge of Allegiance to our Flag and Nation. Ayes - 4 ~ Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-146 accepting, with thanks, the donation of $160.00 from various donors for use by the Police Department D.A.R.E. Program. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving issuance of a temporary on-sale 3.2 beer license to Rosemount American Legion Post 65 for use on June 13th and 14th, 1992, at Eastview Athletic Complex. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 2 MOTION: of Erickson, seconded by Goodwin, approving issuance of a temporary on-sale 3.2 beer license to Apple Valley American Legion Post 1776 for use on June 18th through 21st, 1992, at Eastview Athletic Complex. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing overnight usage of Hayes Community Building by Valley Amateur Radio Club, from June 27 through 28, 1992, as described in the Parks & Recreation Director's memo dated June 4, 1992. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing issuance of a party permit to David and Kathryn Sweeny, 14494 Upper Guthrie Court, for a picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on June 28, 1992, only. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Goodwin, receiving the Community Development Director's progress report, dated June 3, 1992, concerning Cedar Knolls Mobile Home Park's annual review and noting a further report will be submitted July 9, 1992. Ayes - 4 ~ Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-147 approving a Conditional Use Permit for Outdoor Display of Tires by Valley Tire and Auto on Lots 4 and 5, Block 6, Valley Commercial Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing issuance of a building permit for two portable classrooms to be located at Southview Elementary School, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing issuance of a building permit for a single family house on unplatted land in Section 15, at the southwest corner of Safari Pass and Galaxie Avenue, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-148 receiving the preliminary engineering report on Project 92-394, Safari Pass Utility Improvements, and setting a public hearing on it at 8:00 p.m. on July 9, 1992. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-149 directing the Engineer to prepare plans and specifications for Project 92-394. Ayes - 4 - Nays - 0. LEGION TEMP. BEER LICENSE RADIO CLUB HAYES BLDG. USAGE ALIMAGNET PARTY PERMIT, SWEENY CEDAR KNOLLS MOBILE HOME PARK REPORT RES. 1992-147 VALLEY TIRE CONDL. USE BLDG. PERMIT SOUTHVIEW PORTABLES BLDG. PERMIT HOUSE, SAFARI AT GAIAXIg RES. 1992-148 SET HEARING PROJ. 92-394 RES. 1992-149 PLANS & SPECS. PROJ. 92-394 CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 3 MOTION: of Erickson, seconded by Goodwin, granting a five-foot setback variance to allow construction of a new house to within 25 feet of the rear lot line on Lot 3, Block 1, Hearthstone, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, granting a setback variance to allow construction of a vestibule addition to within 28 feet of the front lot line on Lot 18, Block 5, Longridge 1st Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-150 approving the final plat and subdivision agreement for Apple Ponds 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-151 ordering installation of Project 92-395, Apple Ponds 4th Addition Streets. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-152 directing the Engineer to prepare plans and specifications for Project 92-395, Apple Ponds 4th Addition Street Improvements. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, directing the Engineer to prepare a feasibility report and cost estimate for burial of utility lines along County Road 46 adjacent to Apple Ponds 4th Addition. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving a Joint Powers Agreement for Water Quality Testing Services with the Cities of Burnsville, Eagan, Faribault, Farmington, Lakeville, Northfield, Prior Lake, Rosemount, and Savage and authori- zing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-153 rejecting all bids received on May 19, 1992, for a Dump Body and Snow Plow Equipment and approving revised specifications for said equipment, providing for sales tax, and authorizing advertising for bids to be received at 10:00 a.m. on June 22, 1992. Ayes - 4 - Nays ~ 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-154 awarding the contract for Project 92-389, Pilot Knob Estates 9th Addition Utilities, to Inland Utility Construction, the low bidder, in the amount of $59,901.00. Ayes - 4 - Nays - 0. SETBACK VARIANCE HEARTHSTONE SETBACK VARIANCE LONGRIDGE 1ST RES. 1992-t50 FINAL PLAT APPLE PONDS 4 RES. 1992-151 ORDER APPLE PONDS 4TH ST. RES. 1992-152 PLANS & SPECS. A.P. 4TH ST. A.P. 4TH UNDERGROUND UTILITY LINES . J.P. AGREEMENT WATER TESTING SERVICES RES. 1992-153 REVISED SPECS.. SNOW PLOW EQUIPMENT RES. 1992~154 AWARD CONTRACT PROJ. 92-389 CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 4 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-155 approving specifications for Project 92-391, Deep. Well No. 15, and authorizing advertising for bids to be received at 2:00 p.m. on July 8, 1992. Ayes - 4 - Nays - 0. RES. 1992-155 TAKE BIDS PROJ. 92-391 FINAL PAYMENT PROJ 90-361 FINAL PAYMENT PROJ. 91-363 MOTION: of Erickson, seconded by Goodwin, accepting Project 90-361, Traffic Signal at 153rd & Target/Cub Entrance, as final and authorizing final payment on the contract with Peoples Electric Company in the amount of $3,991.75. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, accepting Project 91-363, 1991 Street Maintenance Program~ Project 88-312, Nordic Woods 6th Addition Streets; and Project 89-335, Nordic Woods 12th Addition Streets; as final and authorizing final payment on the contract with McNamara Contracting in the amount of $5,081.13. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving the Letter of Agreement for Delegation of State Building Code Adminis- tration with the State of Minnesota for inspection services, for State Project Number 920285, Zoo Main Building Class Room Expansion, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. ZOO BUILDING INSPECTION AGREEMENT LEGAL SERVICE CONTRACT HIRE SEASONAL EMPLOYEES MOTION: of Erickson, seconded by Goodwin, approving contracting for legal servic&s with Clifford Greene, Popham Haik Law Firm, for representation related to Police Officer Bengston's arbitration case as recommended in the Personnel Director's memo dated June 5, 1992. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving hiring the part time and seasonal employees as listed in the Personnel Director's memo dated June 9, 1992. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Weldon reviewed his memo dated June 3, 1992, concerning operation REFUSE/RECYCLE of refuse/recyclable collection vehicles operating in driveways. VEHICLE OPER. As directed by the Council, the Urban Affairs Committee met and reviewed various options for amending hauler operating regulations in the City. The Committee recommended an amendment to the City Code which would prohibit collection vehicles from backing into driveways of single family and low density residential dwellings. (Gouncilmember Humphrey attended during this time.) Mayor Holton said he believes this is a good recommendation and expressed appreciation to the committee for its efforts. Councilmembers Goodwin and Erickson concurred. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 5 Mr. Melena asked how collection for someone with a large amount of trash to remove would be handled? Mr. Weldon said the homeowner would have to make special arrangements for such pickup. Trash would have to be carried from the garage to the truck at the curb because curbside collection is not allowed. Councilmember Humphrey asked if vehicles picking up trees being removed, for example, would be affected? Mr. Weldon said if that work is done by licensed tree work contractors, it would not be affected. The ordinance only applies to licensed refuse, recyctable and yard waste collectors. MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 539 amending Chapter 11 of the City Code by prohibiting licensed refuse, recyclable and yard waste collectors from operating vehicles in private driveways, except multiple dwellings where each unit has individual service or single family dwellings with driveways longer than 100 feet; violation is a misdemeanor. ORDINANCE 539 REFUSE/RECYCLE VEHICLE OPER. Mayor Holton asked the Urban Affairs Committee to consider a further amendment to the City Code to allow for special situations, such as disposing of a large amount of refuse, placement of dampsters for construction debris, etc. Vote was taken on the motion. Ayes - 5 - Nays - 0. Bill Hettling, 12562 Driftwood Lane, thanked the Council for taking this action. Mr. Gretz reviewed his memo dated June 3, 1992, concerning traffic on 126TH/DIAMOND 126th Street/Diamond Path, west of Pilot Knob Road. He also distri- PATH TRAFFIC buted copies of a letter from Laura Schreier, 5456 West 128th Street, commenting on traffic. He said recent traffic counts show 2,300 vehicles per day on the street which should accommodate 3,000 vehicles per day. The problem seems to be more the perception of speed than the volume of traffic. Since complaints were received, lanes have been painted on Diamond Path between County Road 38 and Pilot Knob to help channelize traffic. Oversize speed limit signs and reflector bars have also been installed. This will also be done on 126th Street west of County Road 38 next week. On June 3, 1992, Mr. Gretz met with residents and several options were discussed including planting boulevard trees. The Forester recommends planting the trees closer to the curb than normal and denser to residentialize the appearance of the street. Much of the traffic, that is not local traffic, is coming from Rosemount. Road construction now beginning in. Rosemount should temporarily reduce that traffic. Capt. Erickson described speed studies done during the morning and evening rush hours. They showed about four percent of the vehicles speeding to the point where citations would be issued. Officers averaged four traffic citations per day while conducting the studies. It appears traffic may be using this route to get to County Road 38 because the intersection of County Road 38 and Pilot Knob is not signalized. Their records show seven accidents at that intersection in the past year. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 6 Mayor Holton said he knows the street was built at 38 feet wide to serve as a "semi" collector, but why were houses built facing on it? Mr. Gretz said the design was determined about ten years ago and the developer, at the time, made a case that, due to the topography, the area could not be developed with a 44-foot wide street. Councilmember Erickson asked how using funds to plant trees on this street would impact the Forestry budget and whether something could be done at intersections? Mr. Gretz said the Forestry budget included funds for plantings associated with energy audits. These plantings are now being paid for by the homeowners. The recommendation also includes requesting a traffic study of the intersections of County Road 38 and Pilot Knob, County Road 33 and Pilot Knob, and County Road 38 and Diamond Path. Wilt Anderson, 5441 West 134th Street, said he agrees with striping the street, but does not believe planting trees will reduce speeding. He objects to the City furnishing boulevard trees stating he planted trees on his boulevard and has maintained his boulevard area. Mr. Melena said the forestry program's goal, established two years ago, is to plant 10,000 trees over ten years in the community. The budget provides $70,000 for this purpose and will be spent whether the trees are planted in a concentrated area or throughout the City. Only part of the street has single family homes fronting on it; there are townhouse and condominium areas also. Jim Hughes, 5621 West 128th Street, said the problem is that traffic is coming through the area from roads with speed limits of 40 and 50 miles per hour amd is not slowing down. There are no stop signs in between and it makes Diamond Path an attractive shortcut to County Road 38. The area is unique because there are houses and driveways facing the street. Boulevard trees are not going to solve the problem. He believes the street will have to be closed. Mayor Holton said a traffic signal at County Road 38 and Pilot Knob is key to helping the problem. Much traffic is generated within the neighborhood and there have to be connections between neighborhoods. He will not support closing the street. Traffic counts show the number of vehicles is still below design capacity for the street. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-156 requesting the Dakota County Highway Engineer to conduct traffic studies at the intersections of County Road 38 and Pilot Knob, County Road 38 and Diamond Path, and County Road 33 and Pilot Knob to determine appropriate traffic control devices; and authorizing the expenditure of up to $30,000 for boulevard trees along 126th Street/Diamond Path and authorizing painting speed limits on the 126th Street/Diamond Path roadways. RES. 1992-156 126TH/DIAMOND PATH TRAFFIC STUDIES, BLVD. TREES, ETC, CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 7 Councilmember Sterling said when she originally moved here, the developer furnished one boulevard tree for each lot and that later changed. Mr. Gretz said the type of trees planted caused problems with the curb and sidewalk. The policy was changed and the trees were planted in frontyards instead. The policy has since reverted to require boulevard trees, but certain types are specified. The estimate provided is based on planting trees at 100-foot intervals from Pilot Knob to Johnny Cake. Councilmember Erickson asked how long it will take to get the traffic study? Mr. Gretz said they are usually completed in three months. Steve Sjostrom, 12774 Diamond Path, said Bloomington had similar problems with speeding and installed additional stop signs. Mayor Holton said stop signs should not be used as speed control. If intersections do not meet warrants, stop signs have not been installed. Jane Falcone, 12745 Diamond Path, said she is concerned about reducing traffic on Diamond Path before the western section of County Road 38 is completed. She asked to have "local traffic only" or "no thru traffic" signs installed. Mr. Gretz said signs such as those only help for a couple of weeks, then enforcement becomes a problem. Jim Falcone, 12745 Diamond Path, said variances were given for setbacks along this street. The neighborhood is unique and believe it should have a variance allowing the street to be closed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Geri Chapman, 12691 Edinborough Way, said she is opposed to closing the road and wants to express the other side of the issue and let the Council know there are others in the neighborhood who disagree. Mayor Holton called the public hearing to order at 9:33 p.m. to con- PUBLIC HEARING sider Project 92-390, Amoco Street, Streetscape and Sidewalk Improve- PROJ. 92-390 ments and noted receipt of the affidavit of publication of the hearing AMOCO IMPR. notice. Mr. Gordon reviewed the preliminary engineering report dated May 7, 1992, which includes relocating Glenda Drive and sidewalk along the west side of Cedar Avenue from 147th Street to County Road 42. Councilmember Erickson asked how much land will be added to the Amoco site by the street relocation? Mr. Gordon said approximately one-tenth acre, but it is necessary to make the site work. Mr. Melena said there has been some miscommunication about the required improvements and recommended a compromise on sidewalk costs. Amoco would pay the cost of sidewalk from.147th Street to the shopping center entrance and the City would pay the cost from the shopping center entrance to County Road 42. The Mayor asked if there were any questions or comments from the Council or the audience. There were none and the hearing was declared closed at 9:40 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 8 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-157 ordering installation of Project 92-390, Amoco Street, Streetscape and Sidewalk Improvements, with Amoco paying the cost of sidewalk along Cedar Avenue from 147th Street to Times Square Shopping Genter Entrance. RES. 1992-157 ORDER PROJ. 92-390 Councilmember Sterling asked if the sidewalk compromise is acceptable to Amoco. Allan Czanstkowski, of Amoco, said it was. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Erickson). Councilmember Erickson said he is opposed because he believed the property Amoco was receiving as part of the street relocation was in exchange for the sidewalk construction. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-158 approving plans and specifications for Project 390, Amoco Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 22, 1992. Ayes - 5 - Nays - 0. RES. 1992-158 TAKE BIDS PROJ. 92-390 Councilmember Humphrey thanked Amoco for the trees it was donating from the site to be relocated in City parks. Mr. Czanstkowski said they expect the project to be underway as soon as possible. MOTION: of Goodwin, seconded by Sterling, receiving the draft planned development rezoning ordinance for Apple Valley Ford Addition and directing preparation of a corresponding planned development agreement to be signed by the developer. Ayes - 5 - Nays - 0. AUTO PARK P.D. AGREEMENT & ORDINANCE MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-159 receiving the preliminary engineering report for Project 92-384, Auto Park (Apple Valley Ford Addition) Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on July 9, 1992. RES. 1992-159 SET HEARING PROJ. 92-384 Mr. Melena reviewed the three alternatives and costs for 151st Street, from the site to Galaxie Avenue, shown in the report. Alternate A, a concrete median with trees, is recommended and included in the total cost of $1,366,500. Mr. Welsch said the developer is discussing terminating 151st Street in a cul de sac on the west side of the property. This construction would be in addition to the costs shown in the report. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-160 directing the Engineer to prepare plans and specifications for Project 92-384, Auto Park Improvements, RES. 1992-160 PLANS & SPECS PROJ. 92-384 CITY OFAPPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 9 with Alternate A (medians) for 151st Street connecting to Galaxie, a cul de sac terminating 151st Street on the west side of the site, and a pedestrian way connecting through the parking lot. Ayes - 5 ~ Nays - 0. Mr. Melena reviewed the three projects included in the amendment to PUBLIC HEARING the finance plans for tax increment financing districts. District 11 AMEND TIF PLAN - Extension of pathway to business park east of Johnny Cake Ridge Road. Estimated $35,000 construction cost will obligate two years of existing tax in- crement. District 1 - Street and public improvements for Auto Park development. Estimated $1,500,000 construction cost and $1,045,000 Ford site improvements will obligate new increment for maximum of 12 years. The increment generated will not be enough to pay all costs and will be covered by special assessments. District 2 - Site and driveway improvements for restaurant/bakery/catering service. Estimated $50,000 construction costs will obligate new increment for maximum of two years. Mayor Holton called the public hearing to order at 10:00 p.m. to consider the tax increment financing plan amendments, as described, and noted receipt of the affidavit of publication of the hearing notice. He asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 10:01 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-161 approving amendments to the Master Development Program for the Master Development District and Tax Increment Financing Plans for Tax Increment Financing Districts No. 11, 1, and 2 within the Master Development District, all as reflected in the document dated June 9, 1992, as proposed by the Economic Development Authority. Ayes - 5 - Nays - 0. RES. 1992-161 AMEND DEVELOP. & TIF PLANS Councilmember Humphrey asked that consideration of the ordinance RESTAURANT amending restaurant standards be tabled for two weeks for additional STANDARDS review. Councilmember Erickson said he would like some type of distance requirement to remain in the ordinance, but perhaps a sliding scale based on distance from residential areas. (Councilmember Humphrey left after this item.) MOTION: of Humphrey, seconded by Sterling, tabling consideration of an ordinance amending restaurant standards until June 25, 1992. Ayes ~ 5 - Nays - 0. TABLE REST. AMENDMENT REVOCATION HEARING FISCHER 1ST EXCAVATE PERMT Mayor Holton reconvened the hearing, at 10:06 p.m., to consider revo- cation of the excavation permit issued for Fischer 1st Addition, Resolution No. 1991-160, continued from May 28, 1992. Mr. Sheldon Sheldon advised the Council that the amended bond has been received and is acceptable. The Mayor declared the hearing closed at 10:07 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 10 MOTION: of Goodwin, seconded by Sterling, receiving and approving the amended bond for the Fischer 1st Addition excavation permit, as provided in Resolution No. 1992-126, and authorizing issuance of the amended excavation permit. Ayes - 4 - Nays - O. RECEIVE & APPR FISCHER BOND Mr. Melena reviewed the memo dated June 2, 1992, concerning missing PATHWAY/ links in the City's pathway and sidewalk system. Completion of the SIDEWALK downtown sidewalks will cost $70,400 and other miscellaneous pathway CONSTRUCTION segments will cost $80,600. The recommended sections are: south side of County Road 42, Pennock to Cedar; west side of Cedar, 153rd to County Road 42; west side of Cedar, County Road 42 to 147th; east side of Johnny Cake, 125th to Eagan border; south side of 140th, Johnny Cake to connection in Eastview complex; west side of Galaxie, 132nd to T.H. 77; and south side of Dodd Boulevard at Apple Valley East. MOTION: of Goodwin, seconded by Sterling, authorizing installation of eight segments of pathway and sidewalk connections, as described in the Engineer's memo dated June 2, 1992, Project 92-396, estimated at $151,000. PROJ. 92-396 AUTHORIZE PATH & SIDEWALKS Councilmember Sterling asked if the pathway along Dodd Boulevard should be included or deferred until the road is upgraded by the County? Mr. Gretz said the road will be turned back to the City at some point in the future and the pathway connection is needed. The road is not on the County CIP for upgrading in the next five years. Vote was taken on the motion. Ayes - 4 - Nays ~ 0. The Council received the Finance Director's memo dated June 4, 1992, ASSESSMENT concerning interest rates on special assessments. Councilmember INTEREST RATES Sterling asked if the rates of one percent and two percent over the average bond rates are adequate to cover the City's costs? Mr. Melena said they are because such fees as bond issuance costs and attorneys' fees are included in the project costs being assessed. MOTION: of Goodwin, seconded by Sterling, approving the policy of ASSESSMENT setting interest rates on special assessments as contained RATE POLICY in the Finance Director's memo dated June 4, 1992, of one percent over average bond rate for commercial/industrial property and two percent for residential property with no rounding. Ayes - 4 - Nays - 0. The Council meeting was recessed at 10:26 p.m. for the purpose of EDA MEETING conducting an Economic Development Authority meeting. Following the Economic Development Authority meeting, the Council meeting reconvened at 10:33 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1992 Page 11 MOTION: of Erickson, seconded by Sterling, appointing Jeff Weldon as Acting Administrator, assisted by John Gretz, during the City Administrator's military leave of June 15 through 26, 1992. Ayes - 4 - Nays - 0. ADMINISTRATOR MILITARY LEAVE The Council received the Public Works's Director's memo dated June 5, HOUSE AT 14135 1992, concerning elevation of a house at 14135 Heritage Court. Mr. HERITAGE CT. Melena advised the Council that the City has been contacted by the press about the house constructed at an improper elevation. The memo described events concerning the house and notifications given by the City. The Council received the Finance Director's memo dated June 3, 1992, concerning the 1993 budget calendar. The Council discussed tentative dates for informal review meetings and agreed to schedule them at 6:00 p.m. on August 13, 20 and 27, 1992. BUDGET REVIEW MEETINGS CLAIMS & BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check register dated June 3, 1992, in the amount of $663,483.07; and check register dated June 8, 1992, in the amount of $3,430,671.13. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:42 o'clock p.m.