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HomeMy WebLinkAbout03/10/1988CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 10th, 1988, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell and Police Chief Rivers. Mayor Branning 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 Holton, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA FEB. 25, 1988 MINUTES AUDIENCE DISCN. MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of February 25th, 1988, as written. Ayes - 5 - Nays 7 0. Mayor Branning asked if any one was present to address the Council at this time on any item not on this meetings agenda. There was no one present to speak. Bernice Spindler, President of the Apple Valley American Legion Post FIRE DEPT. 1776 Auxiliary, and Fire Chief Dick Tuthill were present concerning DONATION a donation to the Fire Department. The Auxiliary donated $700 with which the Department purchased a "Resusci-Junior" and a rebuild kit for its "Resusci- Annie". The Council and Fire Department expressed appreciation to the Auxiliary for the donation. Mayor Branning also acknowledged and thanked the following for dona- PARK & REC. tions to Park & Recreation Facilities: Bonestroo, Rosene, Anderlik & DONATIONS Associates $200 toward life guard equipment; K-Mart - swimming pool chemicals valued at $300; Apple Valley Jaycees - Community Center pool table valued at $1,200; and Mary Clare Wareham ~ Redwood Community Center wreaths valued at $100. MOTION: of Savanick, seconded by Humphrey, approving all items on the CONSENT AGENDA consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Humphrey, approving Change Order No. 17 to the contract with Shaw Lundquist for the Central Maintenance Facility in the amount of a $225.00 deduction. Ayes - 5 - Nays - 0. CHANGE ORDER 17 CENTRAL MAINTC. FACILITY CITY OF APPLE VALLEY Dakota County, Minmesota March 10, 1988 Page 2 MOTION:of Savanick, seconded by Humphrey, approving tax abatements for the year 1987, as recommended by the Dakota County Assessor, for: Donald & Dagny Eshelman, parcel 01-18076-200- 02; Stuart & Mary Holmquist, parcel 01-48200-020-05; Darrell & Diane Lundberg, parcel 01-73200-070-05; and Kevin & Diane Clowe, parcel 01-8400-030-00. Ayes - 5 - Nays - O. MOTION of Savanick, seconded by Humphrey, approving reduction of subdivision financial guarantees for Apple Ponds from $499,187.74 to $188,039.24 and Valley Way Village 6th Addition from $95,300.00 to $52,300.00. Ayes - 5 -Nays - O. MOTION of Savanick, seconded by Humphrey, releasing the City's option to acquire Lot 1, Block 1, Nordic Woods 8th Addition, at this time. Ayes ~ 5 - Nays - 0. TAX ABATEMENTS SUBDIVISION BOND REDUCTIONS RELEASE OPTION NORDIC WOODS 8TH CITY USE UNCLAIMED PROPTY' CONTRACT FOR AUCTION SERVICES PRELIM. REPORT S. SUB. CHURCH STORM SEWER RES. 1988-39 STREET EQUIP. SPECS. & BIDS HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Humphrey, authorizing usage of unclaimed property by various City departments as recommended in the Police Chief's memo dated March 7, 1988. Ayes - 5 ~ Nays - 0. MOTION: of Savanick, seconded by Humphrey, approving a contract with Schlegal Auction Co. to conduct an auction of City property on June 11, 1988 at 10:00 a.m. for a fee of ten percent of the total sales and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, directing the Engineer to prepare a preliminary feasibility report for storm sewer improvements to serve South Suburban Evangelical Free Church. Ayes ~ 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1988-39 approving specifications for Street Department Equipment; consisting of three single axle cab chassis, three dump bodies and plow equipment and an articulated wheel loader; and authorizing advertising for bids to be received at 2:00 p.m. on April 5, 1988. Ayes - 5 - Nays - 0. MOTION of Savanick, seconded by Humphrey, approving hiring the various parttime employees as listed in the Personnel Director's memo dated March 7, 1988. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:10 p.m. on PUBLIC HEARING Project 88-287, Georgia Drive Construction, and noted receipt of the GEORGIA DRIVE affidavit of publication of the hearing notice. Mr. Gordon reviewed PROJ. 88-287 the preliminary engineering report on construction of the street from its present terminus in Cherry Oaks, north to 132nd Street. It can be aligned with a future street on the north side of 132nd Street into the Coady property. CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 1988 Page 3 It is proposed to assess the project over 15 years with up to a 15-year deferment for undeveloped property. Three parcels are proposed to be assessed. The project would move ahead as soon as the easement and assessment questions are answered. Ann Feiner, 7294 West 132nd Street, asked when Georgia Drive would be constructed on. the north side of 132nd Street. She also commented that vehicles are traveling too fast on 132nd Street now and it should be a 30 m.p.h, speed limit. Mr. Gordon said the street would not be constructed until the property develops. Mayor Branning asked the Police Chief to have traffic monitored on 132nd Street. Councilmember Savanick asked what the speed limit on 132nd Street is? Mr. Gretz said he would have to check. In order for it to have a 30 m.p.h, speed limit, it would have to meet residential street criteria; that is, have a certain number of driveway accesses per quarter mile. Otherwise a speed survey by MnDOT could be requested. Kayla Slavik, 7320 West 132nd Street, said her property would have no benefit from the road and objects to an assessment. She will have less than one acre of property which cannot be developed, it has a driveway to 132nd Street and she would have to change her address. Mr. Melena asked if the driveway could remain? Mr. Gordon said it would be very awkward because it is about 300 feet long and would parallel Georgia Drive. Mrs. Slavik said if the street is for Cherry Oaks and the Coady properties, they should pay for it. Mayor Branning said City policy has been that property pays for a residential street in front of it and everyone shares in the cost of collector streets. If the driveway is cut off, the only access is Georgia Drive and homes take addresses from the street on which the garage faces. Mrs. Slavik asked about the easement they now have to 132nd Street and who would pay for the new driveway and repair their drainfield if it damaged? Mr. Gordon said driveway construction would be part of the project costs. The drainfield was not damaged when water and sewer lines were extended and street construction should not affect it. If it is damaged by this project, it will be repaired. Mrs. Feiner asked why Mrs. Solomonson was paid $7,000 for the right-of-way and she was not paid anything? Mr. Sheldon said when the lot for the Slavik property was platted, an option to acquire Outlet A (the street right-of-way) was given to the City. The City now exercised that option and acquired the property. An easement over this property was given to Mrs. Slavik for a driveway; however, since the City had a prior option that prevails. There was no such option with Mrs. Solomonson so the City had to reach an agreement to acquire the right-of-way. That agreement was to pay $7,000. Mr. Sheldon said he.and Mr. Gordon would be working with the property owners to clarify any questions on the easements and the assessments. There were no further questions and the hearing was declared closed at 8:45 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- RES. 1988-40 40 ordering installation of Project 88-287, Georgia Drive ORDER Construction. Ayes - 5 - Nays - 0. PROJ. 88-287 CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 1988 Page 4 MOTION: of Humphrey, seconded by Goodwtn, adopting Resolutten No. RES. 1988-41 1988-41 directing the Engineer to prepare plans and PREPARE PLANS specifications for Project 88-287, Georgia Drive PROJ. 88-287 Construction. Ayes - 5 - Nays - O. Mayor Branning called the public hearing to order at 8:46 p.m. on Pro- PUBLIC HEARING Ject 88~289, Carrollton Estates 4th Addition Improvements, and noted PROJ. 88-289 receipt ef the affidavit of publication of the hearing notice. Mr. CARROLLTON 4TH Gordon reviewed the preliminary engineering report and noted it includes construction of 147th Street. The storm sewer pond location along County Road 42 has been adjusted to reflect a potential armory site. Councilmember Holton questioned the width of 147th Street. Mr. Gordon said it is proposed at 44 feet wide, allowing two driving lanes and two, parking lanes. It is not part of the ring route, which was discussed as being 70 feet wide. Mr. Gretz said, functionally, it should be either 44 feet wide or 52 feet wide, allowing four driving lanes and no parking lanes. Mayor Branning said the area would seem to require four driving lanes, thus, it should be 52 feet wide. Councilmember Savanick asked if left turn lanes can be provided at Pennock and at County Road 42? Mr. Gordon said they can be and underground conduits for future signals will be included in the project. There were no further questions, the hearing was declared closed at 8:52 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-42 ordering installation of Project 88-289, Carrollton Estates 4th Addition Improvements. Ayes - 5 - Nays - O. RES. 1988-42 ORDER PROJ. 88-289 RES. 1988-43 PREPARE PLANS PROJ. 88-289 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 43 directing the Engineer to prepare plans and specifications for Project 88-289, Carrotlton Estates 4th Addition Improvements. Ayes - 5 - Nays - O. Mr. Melena reviewed the Planning Commission report on C & D Properties C & D PROPERTIES project, located south of County Road 42 and east of Galaxie Avenue. OFFICE/WAREHOUSE David Wanberg and Barry Petit, of Heise, Reinen, MacRae & Associates, were present and showed samples of the building materials proposed for the office/ warehouse. It is tan rock face block with green glazed quarry tile accent. The roof is prefinished black metal with a standing sea~. Mayor Branning expressed concern about the building's color combination as well as long term appearance of the building. He also said uniform signage should be required for all tenants of the building. Mr. Wanberg said the block is integrally colored, not painted, and should there be any chips, the block will not show a color change. Gouncilmember Goodwin asked why brick was not used. Mr. Petit said it is cost. With the savings by using block, additional landscaping, the roof and a gazebo area are being added to enhance the overall appearance. CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 1988 Page 5 MOTION: of Holton, seconded by Savanick, approving the preliminary plat for C & D Properties, south of County Road 42 and east of Galaxie Avenue, and authorizing issuance of a building permit for a 38,300 square foot office/showroom/warehouse project as recommended by the Planning Commission. C & D PROPERTIES PRELIMINARY PlAT & BLDG. PERMIT Councilmember Humphrey noted the building's location on County Road 42 and said signage control will be extremely important. Councilmember Savanick expressed concern about retail uses going into the building and controlling them. Mayor Branning asked if the building could be constructed with some type of decorative brick to help break up the block wall; particularly at the top and on the end walls? Mr. Petit said there are some things that could be done, but would need to review the plans before making any changes. MOTION: of Humphrey, seconded by Savanick, amending the above motion by making the building permit authorization subject to the Mayor's review of the architectural treatment. Ayes - 5 - Nays - 0. AMEND BUILDING PERMIT RES. 1988-44 TAKE BIDS PROJ. 88-286 RES. 1988-45 TAKE BIDS PROJ. 88-290 RES. 1988-46 TAKE BIDS PROJ. 88-291 Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hotton, adopting Resolution No. 1988- 44 approving plans and specifications for Project 88-286, 1988 Street Maintenance Program, and authorizing advertising for bids to be received at 2:00 p.m. on April 26, 1988. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1988- 45 approving plans and specifications for Project 88-290, Deep Well No. 12, and authorizing advertising for bids to be received at 2:00 p.m. on April 26, 1988. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1988-46 approving plans and specifications for Project 88- 291, Deep Well No. 8 Pump Repair, and authorizing advertising for bids to be received at 2:00 p.m. on March 22, 1988. Ayes - 5 - Nays ~ 0. Mr. Gretz reviewed a request from Northwestern Aggregates to construct NORTHWESTERN an underpass under County Road 46 about 1,580 feet west of the Rose- AGGREGATE mount/Apple Valley border. The purpose is to allow it to do its gravel UNDERPASS processing in Lakeville and continue mining in Apple Valley without problems of trucks and scrapers crossing the road. The underpass would be constructed to accommodate a 52-foot wide road above it. It would be 20 feet high and 60 feet wide and given to the City when the company no longer needs it. Mayor Branning said any approval should be contingent upon reviewing the end use plan for the property; particularly with regard to the street alignments. The curved alignments have been a concern in other areas and the plan should be revised to straighten them. CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 1988 Page 6 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1988-47 approving construction of an underpass on County Road 46 by Northwestern Aggregates provided that within six months Northwestern shall submit a revised end use plan, acceptable to the City, showing revised street alignments. RES. 1988-47 N.W. AGGREGATE UNDERPASS CONST. Councilmember Savanick asked whether drainage from Farquar Lake affects ths gravel site? Mr. Gordon said water pumped from the lake drains through a pipe to the Diamond Path area and then into a series of ponds where much of it is contained. The storms last summer did not cause a problem in the gravel mining area. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Melena reviewed the Police Chief's memo dated March 7, 1988, con- PARKING AROUND cerning parking around the High School. It recommended restricting HIGH SCHOOL parking to one side on 142nd Street. Mayor Branning asked if 143rd Street should be restricted also? Chief Rivers said very few cars were parked on that street and in his discussions with School administration, he suggested the Community Center parking lot be used for overflow parking. Councilmember Goodwin asked if constructing additional parking was discussed with the School? Chief Rivers said it was, but the School was not prepared to do so at this time. Douglas Webber, 14165 Heritage Court, asked to have parking restricted on Heritage Court also. Councilmember Savanick asked if parking is allowed on 145th Street? Chief Rivers said it is allowed on one side only. Mr. Melena suggested the Council implement the restrictions as requested and if additional parking restrictions are needed, they can be added later. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1988-48 prohibiting parking on the north side of 142nd Street from Hayes Road to 50 feet west of Heritage Court and on all of Heritage Court from 7:00 a.m. to 2:00 p.m. daily. Ayes - 5 - Nays - 0. RES. 1988-48 NO PARKING 142ND AT HAYES MAIL BOX PARKING ORDINANCE A.V. COMMUNITY CENTER FEES MOTION: of Savanick, seconded by Humphrey, directing the City Attorney to prepare a draft ordinance prohibiting parking in front of mail boxes for the Council's consideration. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting a Rssolution establishing usage categories and a fee schedule for Apple Valley Community Center rentals as recommended by the Park & Recreation Director. Councilmember Savanick asked what fees will be charged for the Hayes Building? Mr. Johnson said it will be available to community and civic groups at no charge. She asked if this should be included in the schedule and what fees are being charged for the other City facilities. The Council asked that the complete schedule be submitted for review. CITY OF APPLE VALLEY Dakota County, Minnesota March 10, 1988 Page 7 MOTION: of Humphrey, seconded by Holton, tabling consideration of the Community Center fee schedule until March 24, 1988. Ayes - 4 o Nays - 1 (Savanick). TABLE MOTION RES 1988-49 FLEXIBLE SPENDING ACCOUNT MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1988-49 establishing a flexible spending account allowing employees to use pre-tax dollars for certain medical and insurance costs, as authorized by I.R.S. Code, Section 125. Ayes - 5 - Nays - 0. Mr. Melena reviewed the Fire Chief's report on a house fire at 8100 HOUSE FIRE West 129th Street on March 4, 1988. Mutual aid assistance was provided REPORT by firefighters from Eagan, Burnsville and Lakeville. The serious fire resulted in total losses of $500,000 to $600,000 and the Police Department has now determined that the fire was deliberately set. The Mayor and Council commended the Fire Department for its response and action at the scene. The Council discussed a proposed ground breaking for the new water treatment plant. They concurred it should be scheduled for 9:30 a.m. on Monday March 28, 1988. TREATMENT PLANT GROUND BREAKING Mr. Melena reviewed information concerning available funding for road C.I.P. ROAD construction and projects scheduled in the draft capital improvements FUND INFORMATION program. Document 1 showed the initial schedule which would result in a deficit by 1990 if only M.S.A. funds and road dedication charges are used for funding. Document 2 revised the construction schedule to meet projected available funding. The information was distributed for informational purposes and Mr. Melena noted other sources of funding, such as special assessments or tax increment, may need to be considered. MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 31148, 31149, 59922 through 60015 and 60025 through 60129, in the total amount of $12,986,880.47. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:40 p.m. The Council then continued with an informal meeting on sand and gravel policy discussion.