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HomeMy WebLinkAbout08/13/1992CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Minutes of the regular meeting of the City Council of Appte Valley, Dakota County, Minnesota, held August 13th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, and Sterling. ABSENT: Councilmember Humphrey. 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 Captain Cook, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to City Administrator Weldon and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:05 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 AWARD POSTPONEMENT Mayor Holton noted that presentation of "Good Neighbor" Awards to Steven Erbstoesser and James P. Rhody has been postponed until August 27, 1992. David Keith, whom these individuals are credited with resuscitating, was unable to be at tonight's meeting. 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. Wilt Anderson, RESIDENTIAL 5441 West 134th Street, commented on enforcement of the City Code AUTO REPAIR related to Perry Engle who, the newspaper reported, will be selling his home and moving because he cannot park his semi-tractor in the driveway. Frank Dorniden, who has lived in the City for 35 years and whose hobby is repairing cars, has now been told he cannot repair vehicles outside. Mr. Anderson said this property is well maintained and the house is not visible from the street. The City's rules and regulations should have some flexibility for property owners. Mayor Holton said the situation with Mr. Engle involves running a business from his home. Other truck owners in the City have complied with the parking restrictions. He agrees there may need to be some additional allowance for hobbies. Mr. Sheldon explained that when the City enacts regulations, it cannot be selective in its enforcement. Mr. Welsch said Staff has been working with Mr. Dorniden to resolve the problem and he has been given a longer time period to comply. Part of the problem is that not all of the vehicles he is working on are his. He suggested Mr. Anderson come in and talk with him about the situation. Councilmember Goodwin commented that Councilmembers often receive calls asking that something be cleaned up in a neighborhood, but callers don't want anyone to CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 2 know they complained. The City has tried to find middle ground in dealing with these situations. Many of these things are cleaned up and other people in the neighborhood are satisfied but the issue doesn't make the newspapers. Mr. Anderson said he doesn't want the laws changed or eliminated, they are good for the City overall, but he would like more flexibility. MOTION: of Erickson, seconded by Sterling, adding Alimagnet Party Permit for Edward Sieve to the consent agenda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. JULY 23 MINUTES CONSENT AGENDA ITEMS MOTION: of Erickson, seconded by Sterling, approving the minutes of the regular meeting of July 23rd, 1992, as written. Ayes - 4 - Nays ~ 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-204 accepting, with thanks, the donation of $100.00 toward the Police Department D.A.R.E. Program from Koch Refining Company. Ayes - 4 - Nays - 0. D.A.R.E. DONATION MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-205 accepting, with thanks, the donation of Keystone block, valued at $6,000.00, for a retaining wall at Valleywood Golf Course from Paul Forsberg of Keystone, Inc. Ayes - 4 - Nays - O, RES. 1992 GOLF COUR DONATION MOTION: of Erickson, seconded by Sterling, receiving the Apple Valley Firefighters' Relief Association certification of financial obligation of the City for the Association's Special Fund for 1993 of $30,000. Ayes - 4 - Nays - 0. FIRE RELIEF TAX LEVY CERTIFICAT MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-206 approving the application of Apple Valley Hockey Association for a Minnesota Lawful Gambling Premises Permit at Apple Place, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. RES. 1992-216 A.V. HOCKEY GAMBLING PERMIT MOTION: of Erickson, seconded by Sterling, approving issuance of a party permit to Knights of Columbus Council #9096 for a picnic at Alimagnet Park, pursuant to Section 14.5-3(g)(1) of the City Code, valid on August 25, 1992, only. Ayes 4 ~ Nays - 0. ALIMAGNET PARTY MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-207 appointing individuals as judges for the September 15, 1992, Primary Election as listed in the resolution. Ayes - 4 ~ Nays - 0. RES, 1992-207 APPOINT ELECTION CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 3 MOTION: of Erickson, seconded by Sterling, approving a Supplementary Agreement for Apple Ponds 4th Addition, related to conversion of overhead utility lines to underground, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-208 receiving Dakota Electric Association's cost estimate for conversion of overhead utility lines to underground along 160th Street and Cedar Avenue in Apple Ponds 4th Addition and setting a public hearing on it at 8:00 p.m. on September 10, 1992. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving an Amendment to the Subdivision Agreement for Morningview 7th Addition, related to maintenance responsibilities for sanitary sewer services, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-209 approving consolidation of Outlot C and Lot 1, Block 1, Falcon Ridge Trail, as one tax parcel, and authorizing filing the certificate of survey with the Dakota County Recorder. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving a revised site plan for Dakota County HRA Cedar Knolls Townhomes, reducing the number of dwelling units from 43 to 39, as described in the Planning Department memo dated August 13, 1992. Ayes - 4 - Nays ~ 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-210 extension of the Substate Agreement with the Minnesota Pollution Control Agency for the Alimagnet Lake Diagnostic-Feasibility Study, through June 30, 1993, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0, MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-211 approving plans and specifications for Project 91- 373, Fischer 1st Addition Utility and Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on September 3, 1992. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, directing the City Engineer to prepare a preliminary feasibility report for Project 92-399, Utility Extensions to 13456 Cedar Avenue (unplatted property in Section 22). Ayes - 4 - Nays - 0. APPLE PONDS 4 SUPPLEMENTARY AGREEMENT RES. 1992-208 SET HEARING APPLE PONDS 4 UTILITY LINES MORNINGVIEW 7 AMENDMENT TO AGREEMENT RES. 1992-209 LOT COMBINATN FALCON RIDGE CEDAR KNOLLS HRATOWNHOMES SITE PLAN RES. 1992-210 ALIMAGNET CLEAN LAKES AGREEMENT EXT. RES. 1992-211 TAKE BIDS PROJ. 91-373 PRELIM. REPORT 13456 CEDAR CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 4 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-212 receiving the preliminary engineering report for Project 92-397, Safari Pass Utility Extensions (Olson property) and setting a public hearing on it at 8:00 p.m. on September 10, 1992. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-213 awarding the contract for Project 92-393, Embassy Estates 3rd Addition Utility Improvements, to Volk Sewer & Water, Inc., the low bidder, in the amount of $50,380.00. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-214 awarding the contract for Project 92-396, Miscel- laneous Sidewalks and Pathways, to Bituminous Consulting, the low bidder, in the amount of $157,522.00, deleting pathway along Johnny Cake Ridge Road from 125th Street to the Eagan border. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving Change Order No. 2 to the contract with McNamara Contracting Go., Inc., for Project 92-242, 127th Street Widening, in the amount of an additional $7,461.67. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Sterling, approving Change Order No. 5 to the contract with CECA Utilities for Project 91- 370, Apple Ponds 3rd Addition Utility and Street Improve- ments, in the amount of an additional $2,216.63. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving Change Order No. 1 to the contract with Inland Utility Construction for Project 92-385, Pilot Knob Estates 8th Addition Utility Improvements, in the amount of an additional $7,711.25. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving Change Order No. 1 to the.contract with Keys Well Drilling for Project 92-391, Deep Well No. 15, in the amount of an additional $3,350.00. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Sterling, accepting Project 91-333, The Oaks of Apple Valley IV Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $2,126.00. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Sterling, accepting Project 90-359, Galaxie Avenue Extension to 160th Street, as final and authorizing final payment on the contract with McNamara Contracting Co., Inc., in the amount of $16,509.20. Ayes - 4 - Nays - 0. RES. 1992] SET HEARING PROJ. 92-397 RES. 1992 AWARD CONq PROJ. 92-i : RES. 1992] ' AWARD CON? PROJ. CHANGE ORI PROJ, 92-~ CHANCE ORi PROJ. 91-? CHANGE PROJ. 92-3: CHANGE OIL5 PROJ. 92-3 FINAL PAYM}: PROJ. 91-3: : FINAL PAY~ PROJ, 90-3~.v CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 5 MOTION: of Erickson, seconded by Sterling, accepting Project 91-375, 1992 Pathway Construction, as final and authorizing final payment on the contract with Central Landscaping, Inc., in the amount of $5,677.90. Ayes - 4 - Nays - O. FINAL PAYMENT PROJ. 91-375 MOTION: of Erickson, seconded by Sterling, accepting Project 92-383, Oxford Hollow Utility Improvements, as final and authorizing final payment on the contract with Volk Sewer & Water, Inc., in the amount of $5,852.77. Ayes - 4 - Nays - 0. FINAL PAYMENT PROJ. 92-383 FINAL PAYMENT PROJ. 92-385 HIRE SEASONAL EMPLOYEES ALIMAGNET PARTY PERMIT MOTION: of Erickson, seconded by Sterling, accepting Project 92-385, Pilot Knob Estates 8th Addition Utility Improvements, as final and authorizing final payment on the contract with Inland Utility Construction in the amount of $13,560.97. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Director's memo dated August 13, 1992. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving issuance of a party permit to Edward Sieve, 168 Redwood Drive, for Richfield Liquor Store, for a picnic at Alimagnet Park, pursuant to Section 14.5-3(g)(1) of the City Code, valid on August 23, 1992, only. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Kelley reviewed the Planning Commission report concerning sub- DOYLE division of the Doyle property into four parcels. The property is SUBDIVISION located on the east side of Johnny Cake Ridge Road at County Road 38. School District 196 is acquiring the portion south of County Road 38 for a future school. Shepherd of the Valley Lutheran Church is acquiring the portion north of County Road 38 for expansion. Excess property remaining from these two acquisitions will be made available for development. When specific development plans are presented, public hearings will be necessary for rezoning and platting. Mr. Charles Doyle, the property owner, was present. Councilmember Sterling asked if park dedication is being required? Mr. Kelley said not at this time; when the property is platted and developed it will be required to be donated. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-215 approving a waiver of a platting for Doyle property in Section 14 to allow transfer of title for four parcels, on a metes and bounds description basis, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1992-215 DOYLE WAIVER OF PLATTING CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 6 Mr. Weldon reviewed his memo dated August 10, 1992, describing Dakota YARD WASTE County's operation of the yard waste disposal site on property, in DISPOSAL Lakeville, leased from Apple Valley. The County contracted with a OPERATION private vendor to actually conduct the operation and has advised it will not renew the lease when it expires December 31, 1993. The Cities of Apple Valley, Lakeville, Farmtngton and Rosemount have negotiated a new lease with R. D. Pecar, Inc., the company now under contract with Dakota County. This agreement will allow the site to continue operating and the City will receive $900.00 per year rent for the site. An amendment to the City's lease with Dakota County is also needed to move the expiration date to February 15, 1993, allowing the new contract to take effect February 16, 1993. MOTION: of Goodwin, seconded by Erickson, approving the Contract Between the Cities of Apple Valley, Lakeville, Rosemount and Farmington and R. D. Pecar& Gompany, Inc., for Operation and Maintenance of Yard Waste Facility, from February 16, 1993, through December 31, 1996, and authorizing the Mayor and Clerk to sign the same. YARD WASTE · SITE J.P. AGREEMENT Councilmsmber Sterling asked who will be responsible for cleanup if unacceptable material is brought to the site? Mr. Weldon said R. D. Pecar & Company is responsible. The company has had a good operation on the site and checks material as it is delivered. Since this is a joint powers agreement, the Cities will all share in liability for the site. Mr. Richard Pecar was present. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving the First Amendment to'the Lease Agreement Between Apple Valley and Dakota County for a Yard Waste Transfer and Compost Site, modifying the lease to expire February 15, 1993, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 ~ Nays - 0. AMEND YARD WASTE SITE LEASE MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-216 approving plans and specifications for the Police Outdoor Firing Range Training Facility Building and authorizing advertising for bids to be received at 2:00 p.m. on September 1, 1992. Ayes - 4 - Nays - 0. RES. TAKE BIDS FIRING RANGE CLASSROOM Mr. Melena reviewed his memo dated August 10, 1992, regarding CONSTRUCTION selection of a construction manager for the new Police facility. The MANAGER recommendation is to contract with Bossardt Corporation at a maximum FACILITY fee of $167,500.00. John Bossardt was present to answer questions and said he believes the project can be completed in 10 months rather than the 13 months initially projected thus enabling him to commit to the fixed fee. This anticipates a March 1993 construction start date. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 7 Mayor Holton asked if the fee will be reduced if the project is completed earlier and said he would prefer a maximum fee of $160,000.00. Mr. Melena said that reduction is not in the proposal, but the fee was reduced from the initial proposal and is a maximum. MOTION: of Erickson, seconded by Sterling, approving contracting with Bossardt Corporation for construction management services for the new Police facility, as recommended by the City Administrator, but at a maximum fee of $160,000.00; directing Staff to prepare the necessary agreement; and authorizing the Mayor and Clerk to sign the same. POLICE CONST. MANAGER CONTRACT Councilmember Sterling asked what experience Bossardt Corporation has had and whether the City can designate the person who will be the construction manager? Mr. Bossardt listed some of the projects they have done including Lakeville City Hall. He said a construction management team was proposed and the members were accepted by Staff. Mayor Holton said he would like to use the same team as worked for Lakeville.. Councilmember Goodwin asked how the fee is structured? Mr. Bossardt said the City's request for proposals asked for a fixed fee. Some contracts are based on a percent of the construction contract. The fee was calculated by using the cost of services based on time spent on the project rather than dollar value of construction. Councilmember Goodwin said he talked with a County constructing a $23,000,000 facility and its construction manager's fee will be $275,000. Councilmember Erickson asked if the individuals involved will be working on the project fulltime? Mr. Bossardt said they will not; different people are involved in different phases of the project. He noted that in this proposal, construction management replaces a general contractor so that overhead and/or profit is eliminated from the cost of the total project. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Goodwin). MOTION: of Sterling, seconded by Goodwin, passing an ordinance amending Section Al-8 of Appendix A of the City Code by allowing accessory buildings of up to 1,600 square feet in area and up to 20 feet in height in "R-l" zoning districts, as recommended by the Planning Commission; AMEND SIZE OF ACCESSORY BUILDINGS Mayor Holton asked why the building size was being increased, overall, rather than considering individual requests by variance or a conditional use process? Mr. Welsch said there have been such requests in R-1 zones, which are 40,000 square-foot lots, where horses are allowed. The Planning Commission deemed this size building to be appropriate for those areas. To qualify for a variance, they would have to prove a hardship. Councilmember Goodwin said he is concerned about how such buildings might be used and that they might affect sight lines of adjoining property. He asked for more information on what could be constructed. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 8 MOTION: of Goodwin, seconded by Sterling, tabling consideration of an ordinance amending Section Al-8 until August 27, 1992. Ayes - 4 - Nays - 0. ORDINANCE MOTION: of Goodwin, seconded by Erickson, passing an ordinance amending Chapter 10 of the City Code by basing the annual fee for filling stations on the number of dispensing units and setting the fee at $50.00 per dispensing unit. AMEND FILLING STATION LIC Councilmember Sterling said she understands current license fees are based on number of pumps and believes the fee should be based on number of nozzles or number of vehicles that get fuel at any one time. Councilmember Erickson said he also prefers setting the fee based on number of vehicles that can be fueled simultaneously. Councilmember Sterling asked if the fee should be set so the same total fee is collected? Mr. Melena said the purpose of the amendment is to clean up the language and apply fees equitably to all stations. It may not be appropriate to collect the same total fee because of how the language has been interpreted. MOTION: of Erickson, seconded by Goodwin, tabling consideration of an ordinance amending Chapter 10 until August 27, 1992. Ayes - 4 - Nays - 0. TABLE PROP ORDINANCE MOTION: of Sterling, seconded by Goodwin, approving a Trademark License Agreement with Norwest Bank allowing it to use the City logo on balloons for its grand opening from September 21 to 26, 1992. NORWEST BANK CITY LOGO Councilmember Erickson asked if a precedent would be set by allowing such use? Mr. Sheldon said the qity has trademarked the logo and controls its use. It has been used for civic purposes and not commercial purposes. Councilmember Goodwin said he would not want to allow the logo to be used for promotion of an individual, but does not see a problem with allowing other use. Mayor Holton expressed concern about other requests coming before the Council if this is approved. Vote was taken on the motion. Ayes - 2.- Nays - 2 (Erickson and Holton) Motion Failed. Mr. Gretz reviewed his memo dated August 6, 1992, concerning a request McANDREWS for noise walls along McAndrews Road between Pennock Avenue and Garden NOISE WALLS. View Drive. He distributed a letter from Robert and Annette Mills, 12720 Eveleth Path, making a similar request. In reviewing other major streets with speed limits of 45 and 50 miles per hour in the City, he noted that none of them have noise walls. These streets, such as Galaxie and 140th Street, have homes within 100 feet and installing noise walls in one area could precipitate requests throughout the City. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1992 Page 9 Annette Mills was present and said her house is closer to McAndrews Road than any other homes in the area and traffic and noise have increased tremendously. Mayor Holton commented on the appearance of noise walls and noted they may not. necessarily solve noise problems. Mr. Gretz said he has been told that lower, - more attractive, walls do not stop noise. The taller ones, such as those along 1-35W, are more effective. Mr. Melena said landscaping along the road may be more effective. The recommended types of trees and possible grant funds to assist property owilers with planting could be researched. MOTION: of Erickson, seconded by Goodwin, directing Staff to investigate the possibility of using landscaping to mitigate noise along McAndrews Road and the availability of any grant funds for such a project and report back with cost estimates. Ayes - 4 - Nays - 0. McANDREWS ROAD LANDSCAPING The Council meeting was recessed at 9:48 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 9:50 p.m. Mr. Melena reviewed the recommended site plan for the new Police POLICE STN. facility at 147th Street and Calaxie Avenue. It includes driveway SITE PLAN access to 147th Street, a storm water ponding area on the southeast corner of the site and allows for 156 parking spaces. The site wilt accommodate future expansion for a City Hall facility. A building setback of 20 feet from 147th Street is recommended and the request for a variance will be pursued through the Planning Commission. MOTION: of Erickson, seconded by Sterling, approving the site plan for the new Police facility at 147th Street and Galaxie Avenue as presented, with driveway access to 147th Street, a storm water pond and allowance for 156 parking spaces. APPROVE POLICE STN. SITE PLAN Councilmember Goodwin said he is concerned about the dollars available for construction and the square footage proposed. He expressed a need for caution in proceeding with construction because there are no contingent funds available. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check register dated July 30, 1992, in the amount of $3,641,748.22; check register dated August 5, 1992, in the amount of $4,010,883.29; and check register dated August 12, 1992, in the amount of $5,106,679.01. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes ~ 4 - Nays - 0. The meeting was adjourned at 9:55 o'clock p.m.