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HomeMy WebLinkAbout07/09/1992CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 9th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: Mayor Holton. 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, Public Works Director Gretz, City Planner Kelley, Police Chief Rivers and Community Development Director Welsch. Acting Mayor Goodwin 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 Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA JUNE 25, 1992 MINUTES RES. 1992-182 LEGION FENCE DONATION RES. 1992-183 PRECINCT 12 POLLING PLACE VARIANCE ACCESSORY BLDG KNOTTYWOODS Acting Mayor Goodwin asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Humphrey, seconded by Sterling, moving Firing Range Classroom specifications and water service connection fee to the regular agenda and approving all remaining items on the consent agenda, Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of June 25th, 1992, as written. Ayes - 4 - Nays - 0~ MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-182 accepting, with thanks, the donation of a chain link spectator fence, valued at $4,955.00, from Apple Valley American Legion Post 1776 for Eastview Athletic Complex baseball field. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-183 acknowledging a name change of the polling place for Precinct 12, from New Life Gommunity Church to Lao Community Reformed Church, at 14401 Pilot Knob Road and designating it for use at all future elections. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, granting a variance for construction of a 896 square foot accessory building on Lots 1-4, Knottywoods, as recommended by the Planning Commission. Ayes - 4 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Page 2 MOTION: of Humphrey, seconded by Sterling, granting a setback variance to allow construction of a new house located within 15 feet of the rear lot line on Lot 4, Block 1, Hearthstone, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-184 approving the revised Parks and Recreation Development Plan Chapter of the Comprehensive Guide Plan, as recommended by the Parks & Recreation Advisory Committee and Planning Commission, subject to approval by the Metropolitan Council. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Sterling, authorizing the purchase of a Mobile Data Terminal System for the Police Department from Electrocom Automation in the amount of $67,238.00 for use in connection with the City of Eagan's system. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992m185 approving the Vermillion River Watershed Management Organization 1993 budget in the amount of $95,550.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-186 approving the Black Dog Watershed Management Organization 1993 budget in the amount of $57,000.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-187 awarding the contract for Project 92-390, Amoco Street, Streatscape and Sidewalk Improvements, to McNamara Contracting Co., Inc., the low bidder, in the amount of $56,752.00, contingent upon Amoco acquiring title and o~ership of the property not later than August 21, 1992. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. ].992m188 awarding the contract, excluding Part 7 Decorative Wall, for Project 92-386, Delegard 2nd Addition (Whitney Plaza) Improvements, to Ryan Contracting, Inc., the low bidder, in the revised amount of $143,980.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with McNamara Contracting Co., Inc., for Project 92-242, 127th Street Widening, in the amount of an additional $2,610.40. Ayes - 4 - Nays - 0. VARIANCE REAR SETBACK HEARTHSTONE RES. 1992-184 REV. PARKS & REC. CHAPTER COMP. PLAN POLICE MDT SYSTEM PURCHASE RES. 1992-185 VERMILLION WMO RES. 1992-186 BLACK DOG WMO BUDGET RES. 1992-187 AWARD CONTRACT PROJ. 92-39 RES. 1992-188 AWARD CONTRACT PROJ. 92-386 CHANGE ORDER 1 PROJ. 92-242 CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Page 3 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-189 approving plans and specifications for Project 92- 396, Miscellaneous Pathway and Sidewalk Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on August 6, 1992. Ayes - 4 - Nays - 0. RES. 1992-189 TAKE BIDS PROJ. 92-396 FISCHER 1ST MODEL HOME MOTION: of Humphrey,.seconded by Sterling, authorizing issuance of a building permit to M. W. Johnson Construction for a model home on Lot 1, Fischer 1st Addition, with conditions as described in the Building Official's memo dated July 1, 1992. Ayes - 4 - Nays ~ 0. MOTION: of Humphrey, seconded by Sterling, approving release of the $4,500.00 subdivision financial guarantee for Falcon Ridge Trail. Ayes - 4 ~ Nays - 0. RELEASE BOND FALCON RIDGE ZOO PLUMBING PERMIT AGREEMENT HIRE SEASONAL EMPLOYEES MOTION: of Humphrey, seconded by Sterling, approving an annual Agreement with the Minnesota Zoological Garden for issuance of plumbing permits and inspections at a fee of $961.50 for the period July 1, 1992, through July 5, 1993, and authori- zing the Mayor and Clerk to sign the same. Ayes - 4 ~ Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving hiring the part time and seasonal employees as listed in the Personnel Director's memo dated July 9, 1992. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Acting Mayor Goodwin called the public hearing to order at 8:05 p.m. PUBLIC HEARING to consider Project 92-384, Apple Valley Ford Addition Utility and PROJ. 92-384 Street Improvements and noted receipt of the affidavit of publication AUTO PARK of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated June 4, 1992, describing the improvements. The project has been revised and does not include parking lot lighting or excavation which will be done privately. There will be a cul de sac on the west side of the property at 151st Street. Garrett Avenue and the new connection to County Road 42 will be completed before 151st Street is closed. Bids are being received July 30, 1992, and an extension will be requested from contractors because the developer does not expect to be able to proceed with construction until October. Mr. Melena said the proposal is for 151st Street to be vacated and revert to the property owners. The property will be resold to the City for $1.00 and leased back. It would only revert to the City if the use changes or the property is split. GMAC, which is providing the financing, has some concern as to the technicalities of this arrangement and its attorneys are reviewing the documents. Councilmember Humphrey said he would be willing to consider an easement for existing utilities if the lease is a problem. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Page 4 Wilt Anderson, 5441 West 134th Street, asked if property owners are being assessed for the improvements and if the City is one of them? Mr. Melena said all of the costs are being assessed to the property owners. The City is not one of the property owners but is allowing use of 75 percent of the tax increment from the new development to repay the assessments. The Acting Mayor asked if there were any further questions or comments from the Council or the audience. There were none and the hearing was declared closed at 8:13 p.m. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-190 ordering installation of Project 92-384, Apple Valley Ford Addition (Auto Park) Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1992-190 ORDER PROJ. 92-384 Acting Mayor Goodwin called the public hearing to order at 8:14 p.m. PUBLIC HEARING to consider Project 91-394, Safari Pass Utility Improvements, and PROJ. 92-394 noted receipt of the affidavit of publication of the hearing notice. SAFARI PASS Mr. Gordon reviewed the preliminary engineering report dated May 29, 1992 describing the improvements for one house being moved in and located on the unplattad property. Councilmember Humphrey asked if retaining walls are being constructed next to the park property? Mr. Gretz said the owner is working with the Parks Department to determine how to blend the elevations between the two properties. Councilmember Sterling asked if sidewalk should be installed on the south side of Safari Pass to connect the pathway in the park to Galaxie Avenue? Mr. Gordon said it was not included in this report but he would estimate the cost at $5,000. Mr. Gretz said it could be looked at and considered as something in addition to this project. Douglas Steinbaugh, 12146 Gantry Lane, Said he is concerned that the hill dug to move in the house is a dangerous situation and neighborhood children have been playing around it. The majority of people using the park are from the Briar Oaks neighborhood and would not use a sidewalk on Safari Pass to get to the park. Mr. Gretz said the Building Department is working with the owner and contractor to complete the house. Necessary corrections will be made, including fencing the area if needed. The owner is aware children have been playing around the site and have broken windows. The Acting Mayor asked if there were any further questions or comments from the Council or the audience. There were none and the hearing was declared closed at 8:20 p.m. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. RES. 1992-191 1992-191 ordering installation of Project 92-394, Safari ORDER PROJ. Pass Utility Improvements. Ayes - 4 - Nays - 0. 92-394 CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Page 5 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-192 approving plans and specifications for Project 92- 394 and directing installation by and approving Change Order No. 1 to the contract with Mille Lacs Contracting for Project 92-387, Morningview 7th Addition, in the amount of an additional $15,192.00. Ayes - 4 - Nays - 0. RES. 1992-192 PROJ. 92-394 CHANGE ORDER Mr. Welsch reviewed the memo dated July 9, 1992, concerning Cedar CEDAR KNOLLS Knolls Mobile Home Park storm shelter. John Natwick, of CNH Archi- MOBILE HOME PK tects, has reviewed options for a storm shelter and recommends STORM SHELTER construction of an addition to the existing recreation building for this purpose. This report was submitted for information only and Mr. Welsch suggested further discussion of alternatives and financing at a work session. Douglas Steinbaugh, Manager of Cedar Knolls, was present and said since they were told they would have to make other arrangements for a storm shelter than Greenleaf School, which is now being used, they contacted Christus Victor Church. The Church agreed to allow its building to be used as a shelter. City Staff expressed concern about the Church because it is above ground and located in the direction of most approaching storms from the Mobile Home Park. Mr. Steinbaugh referred to a letter from Richard Peterson, an architect, confirming Mr. Natwick's estimate of the amount of space needed for a shelter. Mr. Peterson reviewed the Church's interior construction and stated he believes it would meet requirements for a shelter. He also believes that with modifica- tions the recreation building laundry room could be used as a shelter for those who could not get to the Church. Mr. Steinbaugh said he does not believe serious consideration has been given to alternatives other than building a new shelter. He would like the Council to consider some combination of shelter facilities, a shelter as part of the HRA townhomes being constructed, or City assistance by bonding for shelter construc- tion and adding the cost to their tax statements. Financially, it is not possible for them to donstruct a shelter and their residents will not be able to absorb the cost. They will be surveying residents to find out their positions. Mr. Steinbaugh said they are required to provide a shelter, but the Council has the authority to determine what is a reasonable distance for a shelter and approve a plan. They prefer the option of providing a small shelter on,site for latch key children and those unable to go to another site. If the residents support the plan, they would propose Greenleaf School as the main shelter with an on-site secondary shelter. Councilmember Erickson asked how many residents use the shelter now and distances to the Church and School? Mr. Steinbaugh said there are about 1,100 residents and 50 to 60 go to Greenleaf during storm warnings. Greenleaf is about a mile from the Park and Christus Victor is two-tenths of a mile. Councilmember Erickson said his concern is that people don't go to the School because of distance and inconvenience. Mr. Steinbaugh said they intend to find out the reasons, as part of the survey, and what the residents prefer. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Page 6 Councilmember Sterling said she is concerned about children who are old enough to be home alone, but don't have transportation to Greenleaf. She asked if there is a homeowners' association or staff who can work with the City on options? Mr. Steinbaugh said community-based policing has been started and they are addressing many issues in the Park and would work on this also. Councilmember Sterling asked if the laundry room is open 24 hours a day? Mr. Steinbaugh said he is not sure, but these are details which would have to be part of a plan. He does not believe the City should have to pay for the cost of opening Greenleaf for them. They should be able to work out alternatives. Councilmember Humphrey noted Mr. Richardson suggested that a structural engineer should look at the Church and did not make a recommendation. He does not believe the Church would be structurally acceptable, but understands the financial concerns of constructing a shelter. He would like further research of options. Mr. Melena said financing alternatives are being considered and the City Attorney is researching them. Acting Mayor Goodwin suggested this item be scheduled for further discussion at a work session and the Council concurred. Mr. Gretz reviewed his memo dated June 30, 1992, concerning improve- CEDAR/CR merits to the intersection of Cedar Avenue and County Road 42. Both INTERSEC' the City and County 1993 Capital Improvement Plans projected funding for additional turn lanes, but recent traffic analysis by the Dakota County Highway Engineer raises questions as to cost effectiveness of the expenditure. He recommends removing it from the CIP and looking at future alternatives. MOTION. of Erickson, seconded by Sterling, accepting the Public Works Director's recommendation, in his memo dated June 30, 1992, and removing improvements to the intersection of Cedar Avenue and County Road 42 from the 1993 Capital Improvement Plan. Ayes - 4 - Nays ~ 0. REMOVE CEDAR/ OR 42 FROM C.I.P. The Council received the Public Works Director's memo dated July 1, STORM WATER 1992, concerning recent rain storms. Mr. Melena said the storm water SYS. REPORT system functioned well and handled the rainfall. Major corrections made to the system since 1987 seem to have worked. Councilmember Humphrey asked for discussion on plans for the classroom FIRING RANGE building and utilities at the Police Outdoor Firing Range. He ques- CLASSROOM tioned the equity of Eagan's share in the project since other cities are not involved, as originally anticipated, and Apple Valley has already spent $150,000. He would like a closer look at the project, projections on how often the building will be used, and discussion with Staff before proceeding. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of TABLE FIRING plans for the Police Outdoor Firing Range classroom building RANGE BUI and utilities for discussion at a work session. Ayes - 3 - PLANS Nays ~ 1 (Erickson). CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Page 7 Councilmember Sterling asked for discussion on the State water testing WATER TESTING fee the City will be collecting. Mr. Ballenger said the Federal Safe FEE COLLECTION Drinking Water Act mandated increased testing of public water supplies by the State Health Department, but did not provide means to pay for the cost. The Legislature authorized collecting $5.21 per water connection to cover state costs of the program. This fee must be paid by every city, town or water user district. Apple Valley has four locations that will have to be tested at a cost of $13,600.00. The State will pay for the testing, but will be collecting $56,283.00 from the City. Mr. Melena said the concern is the City is required to pay a fee much greater than the cost of testing to the State. Mr. Gretz said separate testing, from the State testing, is required for lead and copper in water. The City will be paying for this testing, but it has a potential greater impact than the cost of testing. As this program is phased in, tests showing anything over 15 parts per billion require the City to take corrective action. Because lead solder and brass fixtures have been used for years, most samples will fail. Congress is also considering lowering the allowable lead and copper in water. This will continue to be monitored and the Council will be kept informed of the status. MOTION: of Sterling, seconded by Humphrey, approving an amendment to City water rates to collect $.43 per month, per water connection, effective July 1, 1992, for payment to the Minnesota Department of Revenue as mandated by the State of Minnesota. Ayes - 4 - Nays - 0. AMEND WATER RATES FOR TESTING FEE The Council meeting was recessed at 9:17 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 9:36 p.m. MOTION: of Humphrey, seconded by Sterling, authorizing the REPLACE expenditure of up to $25,000.00 for replacing a wooden RETAINING WALL retaining wall with a masonry wall along the south side of 137th Street, east of Garden View Drive, as recommended in the Public Works Director's memo dated July 6, 1992. Councilmember Humphrey asked if the wall is on City right-of-way? Mr. Gretz said it is, but some regrading is needed and they will work with the townhouse association that owns the adjoining property. Wilt Anderson, 5441 West 134th Street, said the Keystone masonry material is very expensive and asked iS there is some other product that could be used? Mr. Gretz agreed, but said the life expectancy is more than double other materials. A similar product is coming out, but is not on the market yet. They are looking into perhaps testing it. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1992 Page 8 Mr. Melena reviewed the proposed boulevard tree replacement policy prepared by the Forestry Specialist. He noted it includes a permit process for planting boulevard trees in new locations as well. BLVD. TREE POLICY RES. 1992-193 BLVD TREE POLICY MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1992-193 approving a policy for replacement and planting of boulevard trees as described in the Forestry Specialist's memo dated July 2, 1992. Ayes ~ 4 - Nays - 0. Mr. Melena reviewed a draft of the request for proposals for an LANDMARK office/retail complex building development project on the northeast CORNER R.F.P, corner of the intersection of County Road 42 and Cedar Avenue (Landmark Corner). The requests will be sent out July 15, 1992, and must be returned by September 1, 1992. This site involves three parcels the EDA acquired for a total of $619,000 and, under State law, cannot be sold for less than this amount. He asked the Council to review the documents and make any comments by July 14th. Councilmember Sterling expressed appreciation to everyone who worked on this year's 4th of July celebration. She noted that the parade, entertainment and fireworks were exceptional and very well attended. JULY 4TH THANX MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1992- 1992~194 thanking the volunteers and City Staff for their THANK 4TH work on the "26th Annual 4th of July Celebration" in the JULY COM. City. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check register dated June 30, 1992, in the amount of $1,498,648.94; and check register dated July 8, 1992, in the amount of $8~001,049.92. Ayes - 4 - Nays - O° CLAIMS & BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:51 o'clock p.m.