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HomeMy WebLinkAbout04/28/1988CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 28th, 1988, at 8:00 Otclock p.m. at City Hall. PRESENT: Mayor Brannimg; 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, Finance Director Ballenger, Forestry specialist Brackee, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Adminis- trator Lawell, Street Superintendent Ling, Building Official Miranowski and Planning & Development Director Welsch. 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 Humphrey, seconded by Savanick, approving the agenda, for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of April 14th,.1988, as written. Ayes - 5 - Nays - 0. APR. 14, 1988 MINUTES AUDIENCE DISCN. CONSENT AGENDA SET MAY 5TH MEETING RES. 1988-68 DESIGNATE STATE AID STREETS EXTEND BADGER METER AGREEMENT RES. 1988-69 PURCHASE PARK MOWER Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, cancelling the regular meeting of May 12, 1988, and rescheduling it for May 5, 1988, at 8:00 p.m. Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 68 designating as Municipal State Aid Streets: 145th Street from Hayes to Cedar; Flagstaff Avenue from 140th to 150th Streets; 155th Street from County Road 31 to County Road 9; Hayes Road from 140th to 150th Streets; and County Road 11 from 140th Street to 1-35E. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, exercising the option to extend the Agreement with Badger Meter, Inc., for water meters from June 1, 1988, through May 31, 1989, based on bids received June 9, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 69 awarding the purchase of a Seven Gang Reel Mower for the Park Department to M.T.I. Distributing, the low bidder, in the total amount of $28,875.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1988 Page 2 MOTION:of Holton, seconded by Goodwin, adopting Resolution No. 1988- 70 authorizing the purchase of four cash registers, with scanners, for the Liquor Stores from Retail Data Systems of Minnesota in the total amount of $28,831.60 with trade-in of four old cash registers. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, approving renewal, by the Minnesota Charitable Gambling Control Board, of a gambling license for Apple Valley American Legion Post 1776 Auxiliary at 14521 Granada Drive. Ayes - 5 -Nays - Oo MOTION of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract for fencing and backstops with Crowley Fence Company for the Eastern Athletic Complex in the amount of an additional $14,280.00. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1988- 71 requiring correction of hazardous conditions of a house under construction at 8210 Havelock Court within 10 days. Ayes - 5 -Nays - 0. MOTION of Holton, seconded by Goodwtn, approving reissuance of a new building permit for a house on Lot 9, Block 2, Hunters Wood. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving a Certificate of Surveyor's Correction for the plat of Pinecrest Townhomes, correcting dimensions and survey tie, and authorizing the City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1988- 72 approving the final plat and development agreement of Carrollton Estates 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving hiring Deane Running for the position of Fire Marshal effective May 2, 1988, at an annual starting salary of $30,680. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving hiring Phyllis Fortier for the fulltime position of Receptionist effective April 29, 1988, at a starting salary of $8.00 per hour. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated April 28, 1988. Ayes - 5 - Nays - 0. RES. 1988-70 PURCHASE LIQUOR CASH REGISTERS RENEW LEGION AUXILIARY . · GAMBLING LIC. CHANGE ORDER 2 ATHLETIC COMPLEX FENCING CONTRACT RES. 1988-71 BLDG. HAZARD 8210 HAVELOCK CT BLDG PERMIT LOT 9, BLK 2 HUNTR WD PLAT CORRECTION PINECREST TOWNHOMES RES. 1988-72 FINAL PLAT CARROLLTON 4TH HIRE RUNNING FIRE MARSHAL HIRE FORTIER RECEPTIONIST HIRE PARTTIME EMPLOYEES CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1988 Page 3 MOTION: of Holton, seconded by Goodwin, approving hiring Sharon Eklund for the position of Assistant Finance Director effective May 16, 1988, at a starting annual salary of $29,000. Ayes - 5 - Nays - 0. HIRE EKLUND ASST. FIN. DIR. END OF CONSENT AGENDA Mr. Melena read a proposed proclamation designating "Cities Week". "CITIES WEEK" The League of Minnesota Cities is celebrating, its 75th anniversary and asking all cities to join in and increase the public's awareness of cities. In connection with this event, Apple Valley will be holding an employee recognition lunch on May 4, 1988, at Apple Valley Community Center. MOTION: of Savanick, seconded by Holton, proclaiming May 1 to 7, PROCLAIM 1988, "Cities Week" in Apple Valley and encouraging all -CITIES WEEK citizens to learn more about city government and how they can become more involved. Ayes - 5 - Nays - 0. Randy Johnson and Ken Brackee described events planned for Arbor Day. ARBOR DAY The City and Zoo are co-sponsoring the State celebration at the Zoo on April 29th. Apple Valley has received the Tree City U.S.A. designation by the National Arbor Day Foundation for the fourth year. The award was presented at a reception April 21st attended by Coun¢ilmember Humphrey and Mr. Brackee. · MOTION: of Goodwin, seconded by Holton, proclaiming April 29, 1988, PROCLAIM ARBOR "Arbor Day" and the month of May as "Arbor Month" and DAY & MONTH encouraging all citizens to participate in tree planting programs. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing use of Duchess, NEIGHBORHOOD Greening, Longridge, Tintah and Wildwood Parks for organized PARK USAGE sports activities from May 1st to September 1st, 1988. Mr. Johnson commented on the need for additional playing field space until the Eastern Athletic Complex opens next year. Councilmember Goodwin asked where space is coming from to accommodate the increased interest in baseball? Mr. Johnson said teams have been asked to schedule fewer practices to allow more time for actual games. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, passing Ordinance No. 414 amending City Code Section 14.5-3(o) to prohibit hitting golf balls and swinging golf clubs in parks. Ayes - 5 - Nays - 0. ORDINANCE 414 GOLF IN PARKS Mr. Melena reviewed the memo dated April 25, 1988, concerning an in- METRO CABLE tent of the majority of stockholders of Metro Cable, Inc., to sell the OWNERSHIP SALE entire corporation to Star Sub, Inc., effective June 1, 1988. Under the City's franchise, it has the first right of refusal on such a sale and 30 days in which to reply. The Cable TV Committee will be meeting May 2, 1988, on this subject and report to the Council May 5, 1988. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1988 Page 4 Mark Nelson, 8448 - 133rd Street Court, said he is not against a change in ownership of Metro, but he has previously asked it to broadcast the Canterbury Race Report transmitted by WCCO-II. The signal is available in their tower, but some minor expense is involved to allow it to be broadcast. He said he understands the Council cannot require this broadcast, but he would like to publicize the fact that he and other residents want it. Councilmember Goodwin asked if Metro gave him a reason for not broadcasting it? Mr. Nelson said the cost of conversion, $800 to $900, and permissiom from owners of the microwave tower were stated. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1988-73 receiving the preliminary engineering report on Project 88-296, South Suburban Evangelical Free Church Storm Sewer Improvements, and setting a public hearing on it at 8:00 p.m. on May 26th, 1988. Ayes - 5 - Nays - O. RES. 1988-73 SET HEARING PROJ. 88-297 RES. 1988-74 SET HEARING PROJ. 88-297 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1988-74 receiving the preliminary engineering report on Project 88-297, The Woods Additions Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on May 26th, 1988. Ayes.- 5 - Nays - 0. Mr. Melena reviewed the Planning Commission report on the proposed re- HUNTINGTON 2ND zoning and preliminary plat for Huntington 2nd Addition located west ADDN. PROPOSAL of Pilot Knob Road along Diamond Path. He noted that this development requires a mandatory Environmental Assessment Worksheet and any actions are subject to negative declaration on the EAW. MOTION: of Holton, seconded by Goodwin, passing an Ordinance rezoning part of the proposed Huntington 2nd Addition from M-1 and to R-lC, Single Family Residential, as recommended by the Planning Commission. REZONE PART OF HUNTINGTON 2ND Wayne Tauer, of Pioneer Engineering, representing United Mortgage, the deyeloper, reviewed the proposal for 118 single family lots, 61 townhouses and 156 condominium units. Utilities are generally available and can be extended to the property. Storm water pending will have to be provided at the southern part of the propertyr A wetland on the north will be protected. County Road 38 is expected to be constructed in 1990 and will abut this wetland. Direct runoff into Farquar Lake will try to be avoided by use of a pending area and diversion of some drainage. Councilmember Humphrey asked what the staging plans are for the areas. Mr. Tauer said the condo and townhouse areas will be a priority for this summer; however they would do all the grading. There are single family lots left in the Huntington and Hunters Ridge area east of Pilot Knob. Councilmember Humphrey questioned the limited green space in the multiple areas. Mr. Tauer said a park was dedicated on the east side of Pilot Knob and they proposed dedicating additional land around the wetland which was not accepted by the City. Mr. Melena said, due to the location of that land, acceptance of cash for park dedication was recommended. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1988 Page 5 Councilmember Savanick said Pilot Knob Road is very difficult to cross and perhaps there should be more open space around the townhouses and condo areas. Councilmember Goodwin asked what the expected number of children in the development is? Bud Rotter, of Rottlund Homes, said they have a similar development in Brooklyn Park and 80 percent of the buyers are single; ef the remaining 20 percent, the majority are two single people and, in the 75 occupied units, there are no children. Councilmember Savanick asked why the lot lines are not being extended into the wetland area and how weeds will be controlled? Mr. Kelley said, given the magnitude of the area and slope easements which will be required for County Road 38, it was proposed the City should own the area. It is expected the area would remain in a natural condition. Mayor Branning said he would prefer doing something with the wetland so the City will not be responsible for its maintenance. Mr. Melena said this is an issue to be explored and no decision has been made on the City owning it yet. He suggested the Council may want to hold action on the rezoning until the preliminary plat is acceptable. Councilmember Humphrey asked what marketing approach will be used in selling the condos: such as, first time home buyers programs? Mr. Rotter said they have not used that type of financing on condos because the units are quite affordable and it is not necessary. Mayor Branning questioned the proposal to do all the grading at one time. He expressed concern about potential storm runoff problems similar to what happened on the east side of Pilot Knob last summer. He asked that some type of staging be used. Sandy Olander, 13657 Holyoke Lane, asked about berming between the condo and townhouse areas and single family. Mr. Tauer reviewed the landscaping plans. Mr. Rotter said United Mortgage ewns the property on the north and has a purchase agreement on the southern part with closing scheduled in a few days. If they cannot complete the sale, the owners will probably sell it to someone else and it would be advantageous for both parcels to be developed together. Mr. Melena said if the issues of wetland ewnership, grading controls and staging of the grading can be resolved, the Council could consider this on May 5, 1988. MOTION: of Humphrey, seconded by Goodwin, continuing consideration of CONTINUE TO the Huntington 2nd Addition proposed development until May 5, MAY 5, 1988 1988. Ayes - 5 - Nays - 0. Mr. Melena reviewed the Findings of Fact concerning the Apple Valley AIV. APARTMENTS Apartment Project (on Lake Alimagnet) to determine whether a discre- FINDINGS OF FACT tionary E.A.W. is required as prepared by the City Attorney. He noted that a strong concern about the environment has been expressed by the residents. City Staff members are not experts on the environmental issues raised and i~ should be reviewed by the appropriate agencies. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1988-75 finding a discretionary E.A.W. necessary, on the petition of H & Z Partners, for the Apple Valley Apartment Project and directing its preparation by Staff and its submission according to Minnesota Rules. RES. 1988-75 PREPARE A.V. APARTMENT E.A.W CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1988 Page 6 Councilmember Goodwin asked what the timing is on this process? Mr. Kelley said Staff must prepare the EAw within 25 days and, once it is distributed to the appropriate agencies, there is a 30-day review period. Councilmember Savanick asked how this relates to the plat approval timing? Mr. Sheldon said the requirement for a mandatory EAW was withdrawn in March. That date was when the 120 days for preliminary plat approval began and it will continue to run. John Vegter, 8952 - 138th Street Court, asked how the EAW is prepared? Mr. Kelley said there is a specific format that has to be filled out and it is mailed to the DNR and other agencies. Ed Holmes, 8921 - 138th Street Court, asked how much input the developer has into gha EAW? Mr. Kelley said information concerning the proposed development, such as building location, etc., must be provided by the developer. Mr. Holmes asked how information on the wetland size is provided? Mr. Melena said some of that information is already available and additional measurements can be taken. Don Romain, 405 Reflection Road, suggested perhaps Mr. Holmes could furnish some of his information to Staff also. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Melena said the City of Rosemount has announced that a National ARMORY Guard Armory will be built there. He has verified the information and STATUS REPORT the plans are that armories will be built both in Apple Valley and in Rosemount. Councilmember Humphrey asked that a tour of a facility or information about potential associated uses for an armory be presented to the Planning Commission. Mr. Melena said he attended a Government Center Design Committee meet- GOVERNMENT OTR. lng April 25th. An atrium concept has been discussed and is expected STATUS REPORT to add $700,000 to $1,000,000 to the project. He was asked what the City might contribute toward it. Estimating that $2,200,000 to $2,300,000 should be available for the City to construct a 20,000 square-foot building, he advised them that $300,000 might be available. The County indicated it would contribute $500,000. He had discussed that the City might be contributing more than its share toward the atrium. However, this will be a major office complex in the City and if it were done as. a private development, the City would probably be asked for some assistance. The Committee would like to have a joint meeting with the Council for further discussion on May 191 1988, at 7:00 p.m. and the Council concurred. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1988-76 reappointing existing members, Alan Kohls, Barbara Linkert, Carlyle Mitchell, Lois Puckett and Agnes Scott to the Historical Committee for terms expiring March 1, 1989. Ayes - 5 - Nays - O. MOTION of Savanick, seconded by Humphrey, proclaiming May 2nd, 1988, as "Law Day" in Apple Valley. Ayes - 5 - Nays ~ 0. RES. 1988-76 REAPPOINT HISTORICAL COM. PROCLAIM LAW DAY CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1988 Page 7 MOTION: of Savanick, seconded by Humphrey, cancelling the regular SET JUNE 2, 1988 meeting of June 9, 1988, and rescheduling it for June 2, MEETING 1988, at 8:00 p.m. Ayes - 5 - Nays - 0. Mr. Melena advised the Council that 140th Street between Cedar and 140TH STREET Hayes Road will be closed beginning April 30, 1988, for a couple of DETOURS days. The road will need to be cut open for installation of storm sewer which could not be accomplished by tunneling under it. Detours will be marked and it should be open by Wednesday. MOTION: of Humphrey, seconded by Holton, to pay the claims and bills, CLAIMS & BILLS checks numbered 60713 through 60759 and 60769 through 60918, · in the total amount of $5,519,577.89. Ayes - 5 - Nays ~ 0. MOTION of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:08 o'clock p.m.