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HomeMy WebLinkAbout10/22/1992CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 22nd, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, 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 8:00 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 - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. Mayor Holton 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 Goodwin, moving request for setback variance for duplex to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of October 8th, 1992, as written. Ayes 5 - Nays - 0. OCT. 8, 1992 MINUTES RES. 1992-271 SONS OF LEGION GAMB EXEMPT VERMILLION WMO COMMISSION TERMS EXP. CICC MEETING INVITATION MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-271 approving an application for Exemption from Lawful Gambling License for Sons of the American Legion for a raffle on February 6, 1993, and waiving the waiting period for State Gambling Board approval. Ayes D 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving notice of Vermillion River Watershed Management Organization five Commissioner terms expiring December 31, 1992. Ayes - 5 Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving an invitation to the attend a meeting of the newly formed CICG (Communication and Information Citizens Council) on October 27, 1992, at 7:00 p.m., at Rosemount High School. Ayes D 5 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1992 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-272 approving Dakota County Special Assessment Divisions: No. 19384, Embassy Estates 2nd Addition; No. 19417, Delegard 2nd Addition; No. 19457, Oxford Hollow; No. 19478, Pilot Knob Estates 9th Addition; No. 19495, Embassy Estates 3rd Addition; and No. 19497, Apple Valley Retail 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the 1993 Joint Powers Agreement for the South Metro Drug Task Force with the Cities of Burnsvills, Eagan and Lakeville, and Dakota County and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-273 awarding the contract for Project 92-379, HRA Cedar Knolls Townhomes Utility Improvements, to Hydrocon, Inc., the low bidder, in the amount of $92,785.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing installation of street lights on McAndrews Road (County Road 38) at the intersections of Garden View Drive and Diamond Path, as described in the Public Works Director's memo dated October 16, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing the expenditure of up to $34,000.00 of reforestation funds for planting evergreen trees adjacent to McAndrews Road (County Road 38) as described in the Forestry Specialist's memo dated October 7, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contracting for Project 92- 378, Apple Valley Retail 2nd Addition Improvements, in the amount of an additional $20,842.00 for relocation of Police Facility driveways. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 3 to the contract with McNamara Contracting for Project 92- 378, Apple Valley Retail 2nd Addition Improvements, in the amount of an additional $16,195.86 for Frank's Nursery fence. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-387, Morningview 7th Addition Improvements, as final and authorizing final payment on the contract with Mille Lacs Contracting, Inc., in the amount of $17,527.71. Ayes - 5 - Nays - O. RES. 1992-272 ASSESSMENT DIVISIONS S. METRO TASK FORCE J.P. AGREEMENT RES. 1992-273 AWA/ID CONTRACT PROJ. 92-379 McANDREWS STREET McANDREWS ROAD TREE PLANTING CHANGE ORDER 2 PROJ. 92-378 CHANGE ORDER 3 PROJ. 92-378 FINAL PAYMENT PROJ. 92-387 CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1992 Page 3 MOTION: of Humphrey, seconded by Goodwin, accepting Project 89-331, White Oak Ridge Improvements, as final and authorizing final payment on the contract with Fredrickson Excavating in the amount of $9,982.00. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 89-331 FINAL PAYMENT PROJ. 89-332 SCHUMANN PROPERTY ACQUISITION MOTION: of Humphrey, seconded by Goodwin, accepting Project 89-332, Farquar Lake Area Improvements, as final and authorizing final payment on the contract with Fredrickson Excavating in the amount of $6,500.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving participation with Dakota County in total acquisition of the Schumann property north of 160th Street, between Garden View Drive and Hyland Avenue, as described in the City Attorney's letter dated.October 13, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving renewal of firefighters' disability insurance with Hartford, at a premium of $678.50, and with Volunteer Firemen's Benefit Association, at a premium of $272.00. Ayes - 5 - Nays - 0. RENEW FIRE DISABILITY INSURANCE MOTION: of Humphrey, seconded by Goodwin, approving the revised Safety Manual for the City, as attached to the Personnel Director's memo dated October 22, 1992, in accordance with the Safety Program established by Resolution No. 1987-239. Ayes - 5 - Nays - 0. REVISED SAFETY MANUAL HIRE SEASONAL EMPLOYEES TAX FORFEIT SALE - AMOCO MOTION: of Humphrey, seconded by Goodwin, approving hiring part-time and seasonal employees as listed in the Personnel Director's memo dated October 22nd, 1992. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the sale by Dakota County of tax forfeited property, part of Lot 3, Block 2, Valley Commercial Park 1st Addition, to Amoco Oil Company. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Councilmember Erickson asked what the Planning Commission recommended VARIANCE FOR on the variance requested for a duplex at Garden View Drive and Walnut DUPLEX Lane and whether the adjoining homeowner had any comments? Mr. Welsch said the Planning Commission recommended approval of the request at its meeting on October 21, 1992. Ken Smith, 1099 Lowell Circle, was present and said he is building the duplex and staked the location of the building on the lot. The neighbor on the west looked at the site and had no problem. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1992 Page 4 MOTION: of Erickson, seconded by Goodwin, granting a setback variance to allow construction of a duplex to within 20 feet of the lot line along Garden View Drive and a variance allowing the north lot line to be the front lot line on Lot 1, Block 8, Apple Valley 2nd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays ~ O. VARIANCE DUPLEX - A.V. 2ND ADDITION Mayor Holton called the public hearing to order at 8:06 p.m. to con- PUBLIC HEARING sider issuance of $1,820,000 General Obligation Refunding Bonds of $1,820,000 1992, Series B, and noted receipt of the affidavit of publication of G,O. REF. BOND the hearing notice. Mr. Melena said the purpose of issuing the bonds is to refinance previously issued bonds at a lower interest rate. The issuance of these bonds, and the following Series C bonds, will result in a total interest savings of approximately $463.000. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 8:07 p.m. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-274 awarding the sale of the City's $1,820,000 General Obligation Refunding Bonds of 1992, Series B, to Juran & Moody, Inc., and providing for issuance of the bonds. Ayes - 5 ~ Nays - 0. RES. 1992-274 $1,820,000 BOND SALE PUBLIC $360,000 G.O. REFUND BONDS RES. 1992-275 $360,000 BOND SALE Mayor Holton called the public hearing to order at 8:08 p.m. to con- sider issuance of $360,000 General Obligation Refunding Bonds of 1992, Series C, and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments. There ware none and the hearing was declared closed at 8:09 p.m. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-275 awarding the sale of the City's $350,000 General Obligation Refunding Bonds of 1992, Series C, to Juran & Moody, Inc., and providing fdr issuance of the bonds. Ayes - 5 - Nays - O. Mayor Holton called the public hearing to order at 8:10 p.m. to con- sider Project 92-401, Pilot Hill Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report for utilities to serve eight lots. The subdivision was originally called Park Hill but the name has been changed to Pilot Hill. The Mayor askgd for questions or comments. Wilt Anderson, 5441 West 134th Street, asked how the cost of the project will be assessed? Mr. Gordon said the entire icost will be divided evenly among the lots. There were no further questions or comments and the hearing was declared closed at 8:12 p.m. PUBLIC HEARING PROJ. 92-401 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-276 ordering installation of Project 92-401, Pilot Hill Utility Improvements. Ayes 5 - Nays - 0. RES. 1992-2 ORDER PROJ. 92-401 CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1992 Page 5 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-277 awarding the contract for Project 92-401, Pilot Hill Utility Improvements, to Inland Utility Construction, the low bidder, in the amount of $28,017.00. Ayes - 5 - Nays - 0. RES. 1992-277 AWARD CONTRACT PROJ. 92-401 Len Miller, 15990 Garden View Drive, was present to discuss safety, GARDEN VIEW truck and heavy equipment traffic concerns on Garden View Drive south DR. TRAFFIC of County Road 42. He thanked the City for installing another speed DISCUSSION limit sign near Oxboro Cleaners. He said he understands the City cannot control speed limits and is proposing to ask local legislators to introduce legislation to allow cities the control. He commented on a child recently being hit by a MVTA bus. The citizens are requesting that heavy truck traffic be eliminated from residential streets, speed limits be reduced to 25 mph and 15 to 20 mph during the school year. They would also like stop signs at the intersection of 157th Street and Garden View. Mayor Holton said an initial study of the area has been done by Staff. Mr. Gretz reviewed his memo dated October 16, 1992, concerning the speed limit and traffic counts. Recent heavy truck traffic was due to construction of 160th Street which will be fully open to traffic by the end of next week. A count taken on Septem- ber 17th showed a total of 298 trucks and buses. In a count taken-October 15th, the number was reduced to 96. There is a stop sign on 157th Street at Garden View, but the intersection would not meet warrants for installing stop signs on Garden View. He asked the Police Chief to comment on traffic enforcement. Chief Rivers said Garden View is a school zone and officers heavily patrol those areas. Enforcement is concentrated in school zones during the times children are coming and going. Gouncilmember Erickson asked about City authority to reduce speed limits in school zones? Mr. Gretz and Chief Rivers said that can be done and the reduced speed limit is in effect "when children are present". Mayor Holton said this zone is in effect on Galaxie Avenue at Greenleaf School but there is still a lot of truck traffic in that area. Mr. Gretz said the City has authority to restrict trucks based on weight. The problem is differentiating among the types of trucks when restrictions are implemented. Councilmember Goodwin asked for background on the state setting speed limits. Mr. Melena said the state believed there were a number of localities abusing authority to set speed limits, as well as stop signs. In the late 1960's, the Department of Transportation took over control. Gary Shade, 15989 Garden View Drive, commented on speeding vehicles and accidents at the curve near his house. He suggested the curve may need additional marking. Rosemary Federer, 15845 Hyland Point Court, said she recently moved here from New Jersey and did not know residential speed limits were 30 mph. She believes speed limits should be reduced in all residential areas. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1992 Page 6 Councilmember Humphrey asked if a signal is planned for 160th and Garden View? Mr. Gretz said the County is not planning for a signal now. It intends to take traffic counts at the intersections and signalize as necessary. Mr. Miller expressed concern that neither Apple Valley nor Lakeville is enforcing speed limits on 160th Street. Police Chief Rivers said both departments patrol the street. They have worked well with Lakeville and he will contact their Police Chief about further patrol. MOTION: of Erickson, seconded by Goodwin, directing Staff to have the necessary traffic studies taken in the vicinity of Southview/Valley Middle Schools on Garden View Drive to determine if school zone speed restrictions can be implemented. Ayes - 5 - Nays - 0. GARDEN VIEW SCHOOL ZONE SPEED STUDY Tom Moehlman, 15884 Garden View Court, said the area of the curve on Garden View Drive is very dark. He suggested painting on the roadway or using reflectors to advise of the corner. Gouncilmember Erickson suggested that a street light at the corner be considered. Mr. Shade said there is a light in his yard, but it does not light the corner. Mr. Miller said the City is a large residential community and he believes it should be tough on speeders, especially in residential areas. Mr. Welsch reviewed the request of Apple Valley Square Shopping Center A.V. SQUARE for a conditional use permit to allow two major anchor/center signs. SIGN C.U.P The Planning Commission concurred with the Staff recommendation to ap- prove the signs and grant a 20-foot variance to the 300-foot separation required for such signs. Denial of the variance for sign face materials was recommended. Mike O'Rourke, of Apple Valley Square, was present and said he can use either sign face material proposed by the Planning Commission, but he needs to be able to change the signage as tenants change. The location of the sign on Cedar Avenue is more of a concern. The current sign has been in place for 16 years and moving it farther south would not identify the entrance. They would also have to relocate electrical connections and timers. Mayor Holton said he would like to see a uniform background color on the signage. Mr. O'Rourke said tenants spend time developing an identity and logo for their businesses and the different colors are important to them. Mr. Melena asked if other improvements to the parking lot are being considered? Mr. O'Rourke said he was not sure yet. Mr. Melena informed him that some improvements, like lighting, could be assisted by special assessments. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1992-278 approving a conditional use permit for two major anchor/center signs for Apple Valley Square Shopping Center, with conditions as recommended by the Planning Commission, RES. 1992~278 A.V. SQUARE SIGN CONDL. USE PERMIT CITY OFAPPLE VALLEY Dakota County, Minnesota October 22, 1992 Page 7 including routered aluminum sign faces and the signs being placed no closer than 280 feet from another free-standing sign. MOTION: of Humphrey, seconded by Sterling, amending the foregoing motion by granting a variance allowing the signs to be placed at the current locations on County Road 42 and on Cedar Avenue. Ayes - 5 - Nays - O. AMEND A.V. SQUARE SIGNS Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mr. Melena advised the Council. that the Planning Commission did not take action on the Summerfield Townhomes proposal, therefore, it has been withdrawn from the agenda. SUMMERFIELD TOWNHOMES CEDAR KNOLLS STORM SHELTER LOAN PROPOSAL MOTION: of Humphrey, seconded by Goodwin, approving proceeding with a proposed loan, of up to $120,000, for construction of a storm shelter at Cedar Knolls Mobile Home Park, as described in the City Administrator's memo dated October 13, 1992. Councilmember Sterling asked if there is a maximum loan amount? Mr. Melena said he recommends setting it at $120,000. If bids for construction are higher, they could come back to the Council. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 545 adding Section 14-16(10) to the City Code declaring public urination and defecation as a public nuisance and prohibit- ing it. Ayes - 5 - Nays - O. ORDINANCE 545 ADD PUBLIC NUISANCE DAKOTA COUNTY LEGISLATIVE PROGRAM PENNOCK R-O-W ACQUISITION GRACE CHURCH GRACE CHURCH NEGOTIATIONS MOTION: of Erickson, seconded by Sterling, approving the Dakota County Legislative Program to establish a group, consisting of local and state elected officials, to work on key legislative issues for the area. Ayes - 5 - Nays - 0. Mr. Melena reviewed the City Attorney's letter dated October 13, 1992, concerning acquisition of Pennock Avenue right-of-way from Grace Lutheran Church. Mr. Sheldon said he would like a member of the Council to be involved in the negotiations and advise new members on the Church board of the history involved in the street relocation. MOTION: of Sterling, seconded by Erickson, directing Councilmember Humphrey to work with Staff to complete negotiations with Grace Lutheran Church for Pennock Avenue right-of-way acquisition and designating Mayor Holton as alternate. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1992 Page 8 The Council received Mr. Johnson's memo dated October 16, 1992, con- TELEVISE cerning cablecast of Council meetings. He said they haveruled out MEETINGS live broadcast, but are proposing a tape delay which would be ready for broadcast the next day. Three or four options are being prepared for the Cable TV Committee to review and it will be making a recommendation to the Council. Meeting agendas are now being made available on channel 31. The Council meeting was recessed at 10:00 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 10:03 p.m. The Council received a memo dated October 22, 1992, from Mr. Weldon on the MVTA's Board meeting of October 21, 1992. He summarized the ridership comparisons from last year and routing changes implemented. MVTA RIDER- SHIP REPORT Councilmember Sterling reported on publicity for the "Apple Valley APPLE VALLEY 500", a program to bring jobs into the City. The program was publi- 500 REPORT cized in the progress edition of the Sun-Current. Letters are being sent to businesses inquiring about numbers of jobs as of July 1st, now and any expected changes. The intent is that any increase in the number of jobs will be considered a success. MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check register dated October 14, 1992, in the amount of $2,860,690.61; and check register dated October 22, 1992, in the amount of $3,500,463.74. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 5 ~ Nays ~ 0. The meeting was adjourned at 10:19 o'clock p.m.