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HomeMy WebLinkAbout05/28/1987CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 28th, 1987, at 8:00 ofclock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Savanick (attended at 8:25 p.m.). ABSENT: Councilmember Humphrey. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, City Planner Kelley, Planning Assistant McMonigal 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. The Mayor noted that Councilmember Humphrey was absent and at a seminar in Washington, D.C. and Councilmember Savanick would be attending the meeting later. MOTION: of Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA MAY 14, 1987 MINUTES AUDIENCE DISCN. CONSENT AGENDA AMUSEMENT DEVICE LICENSE 7-11 SCHULTZ PARTY PERMIT AUCTION CONTRACT HAYES BUILDING CHANGE ORDERS MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of May 14th, 1987 as written. Ayes - 3 - Nays - 0. 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 - 3 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving a 1987 coin- operated amusement device license for the 7-11 Store at 12503 Germane Avenue. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a party permit for Ben Schultz, 156 Chaparral Drive, for a picnic at Alimagnet Park pursuant to Section 14.5-3(g)(1) of the City Code, valid on July 25, 1987, only. Ayes - 3 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, approving a contract with Earl Schlegel Auction Co. to conduct the City's public sale of property on June 20, 1987, at a fee of 10 percent of the proceeds. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Orders No. 1, deduct $10,803.00, and No. 2, add $1,235.00, to the contract with Maertens-Brenny and Change Order No. 1, add $1,250.00, to the contract with McGuire Mechanical for Hayes Community Center. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1987 Page 2 MOTION: of Holton, seconded by Goodwin, approving restructuring the summer youth program, as described in the report dated May 1, 1987, and amending the 1987 budget by appropriating an additional $3,500.00 for Department 34. Ayes - 3 - Nays - O. MOTION of Holton, seconded by Goodwin, approving a temporary on-sale liquor license for the Minnesota Zoological Garden for use on July 11, 1987. Ayes - 3 - Nays - 0. AMEND SUMMER REC PROGRAM ZOO TEMPORARY LIOUOR LICENSE MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 105 approving the final plat and development agreement for Foster's Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - O. RES. 1987-105 FINAL PLAT FOSTER'S ADDN. RES. 1987-106 FINAL PLAT BUBBERS-KRAUSE RES. 1987-107 FINAL PLAT SALEM WOODS RES. 1987-108 FINAL PLAT CHERRY OAK EST. ACQUIRE UNCLAIM PROPERTY SET INFORMAL MEETING HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 106 approving the final plat and development agreement for Bubbers-Krause Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 107 approving the final plat and development agreement for Salem Woods and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 108 approving the final plat and development agreement for Cherry Oak Estates and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing the acquisition of the unclaimed property, as described in the Police Chief's memo dated May 26, 1987, for use by various City departments. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Goodwin, setting an informal City Council meeting at 6:00 p.m. on June 4, 1987, at City Hall for the purpose of interviewing personnel recruitment firms for assistance in the City Administrator recruitment process. Ayes - 3 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the Acting Administrator's memo dated May 26, 1987. Ayes - 3 - Nays ~ O. END OF CONSENT AGENDA The Council received Mr. Gretz's memo dated May 21, 1987, concerning CDBG FUNDING use of Community Development Block Grant (CDBG) funds. Attached to it INFORMATION was a letter dated May 14, 1987, from Mark Ulfers, Executive Director of the Dakota County HRA, clarifying the use of CDBG funds in the City of Rosemount and their potential use in Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1987 Page 3 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 109 supporting the establishment of a joint City/County government campus complex to be located in downtown Apple Valley and requesting the County Board to enter into preliminary discussions concerning its feasibility. RES. 1987-109 GOVERNMT CAMPUS JOINT VENTURE Councilmember Holton noted, as a comment, that he would not limit the site to downtown, but would also consider a site for the complex west of Cedar Avenue; such as the Carroll farm site on which the City has an option. Vote was taken on the motion. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Holton, accepting the dedication of Outlot A, Beckman's First Addition (120th Street) as a City street for maintenance purposes as recommended in Mr. Gretz's memo dated May 21, 1987. ACCEPT 120TH ST. FOR MAINTENANCE Councilmember Holton said he would like to delay this action for one more year until the streets in the Huntington have been completed and there is more development. Vote was taken on the motion. Ayes - 2 - Nays - 1 (Holton). MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Wildwood Ponds Townhomes, as recommended by the Planning Commission, and directing preparation of a development agreement. Ayes - 3 - Nays - 0. WILDWOOD PONDS TOWNHOMES PRELIMINARY PLAT A.V. COMMERCIAL 3RD ADDITION PRELIMINARY PLAT MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Apple Valley Commercial 3rd Addition (replat of Lot 2, Block 2, Apple Valley Commercial Addition) as recommended by the Planning Commission. Councilmember Holton said the City had been concerned about providing right turn in and out access to the northeast quadrant of Cedar and 42 and asked if it should be pursued at this time. Mayor Branning said an access from to Cedar to Glazier at this point would be the same as exists on the south side of County Road 42, providing access to Apple Valley Square, and should be pursued. He asked that the best location for an access be discussed with the County. He also asked whether the City could require dedication of the property for the right-of-way? Mr. Sheldon said he would have to research this question. John Rezac, of Reason Investments, was present and said he has no plans for the souther- ly lot at this time and would be willing to work with the City on the access. However, he must complete lease arrangements with Coldwell Banker by August 1st for the lot containing the building and would like some assurance the lot will be able to be split. (Councilmember Savanick attended at this time.) MOTION: of Holton, seconded by Goodwin, tabling consideration of the TABLE FOR preliminary plat for 30 days to address the question of a STREET ACCESS street access from Cedar to Glazier on part of the property. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1987 Page 4 Mr. Gretz reviewed his memo dated May 26, 1987, concerning the traffic PENNOCK AVENUE situation on Pennock between 138th and 140th Streets. As the Council TRAFFIC CONCERNS requested May 14, 1987, the feasibility of a Cedar Avenue service drive was reviewed. It is estimated this would cost $430,000 at this time including land acquisition. If it were constructed with development of the adjoining property, the cost would be estimated at $130,000. The alternative of constructing a median on 140th Street at Pennock, forcing right turns, was also explored. In looking at traffic patterns at that intersection, there were approximately 1,500 left turns in a day. Of that number, 1,000 were northbound on Pennock turning left to go west on 140th Street. Because of this information, he would not recommend a median. The preferred and most enforceable alternative is to create a one-way, northbound, intersection at Pennock and 138th Street. Councilmember Goodwin said, when he looked at the area, his impression was that most traffic was coming from 138th Street, southbound on Pennock. If right turns were prohibited from 138th Street, traffic could continue on and turn south at Cedar. Counctlmember Holton said if the Pennock and 138th intersection were temporarily closed, traffic would find alternate routes. Gouncilmember Savanick said if something is done at this intersection, Pennock should be entirely one-way, northbound, between 138th and 140th Streets. Carol Karl, 13989 Granada Court, expressed concern for children's safety walking along and crossing both Pennock and 140th Streets. Mike Thomas, 13875 Pennock, expressed concern about the speed of traffic on Pennock and the unsafe intersection at 138th and Cedar. Mayor Branning said he does not believe a solution to the problem has reached yet; however a signal at 138th and Cedar with acceleration and deceleration lanes should be explored. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-110 requesting Dakota County to perform the necessary traffic study for a signal at 138th Street and Cedar Avenue. Ayes ~ 4 - Nays - 0. RES. 1987-110 SIGNAL STUDY 138TH & CEDAR PENNOCK ONE-WAY MOTION: of Savanick, seconded by Goodwin, making Pennock Avenue a one-way street, northbound, between 138th and 140th Streets. A resident of the area said they do not believe a one-way street is the answer. Controlling the turning movements would be preferred, at least during certain hours of the day. Vote was taken on the motion. Ayes ~ 2 (Goodwin and Savanick) - Nays ~ 2 (Branning and Holton). Motion Failed. Councilmember Holton asked if more information on turning movements could be obtained including time of day? Mr. Gretz said it could be done. Councilmember Goodwin asked when Guild Avenue will be constructed to connect to 140th Street? Mr. Gordon said it will probably not be done until next year. The Mayor said the additional information will be obtained, along with the request for the County to do a traffic signal study at 138th and Cedar, before other alternatives are considered. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1987 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 111 authorizing the Dakota County HRA to modify the first- time home buyers program in Apple Valley by shortening the restriction limiting loans to attached housing from six months to a period terminating June 1, 1987. RES. 1987-111 MODIFY FIRST- TIME HOME BUYERS PROGRAM Mr. Kelley said with this amendment, only state and federal restrictions will be imposed on the program. Councilmember Savanick said she agrees it should be available for new or used housing, but would prefer limiting it to housing with lower sales prices. Mr. Kelley said a new hearing would be required to impose this type of restriction. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, passing Ordinance No. 394 rezoning Pennock Shores 3rd Addition from LB to M-2 as recommended by the Planning Commission. ORDINANCE 394 REZONE PENNOCK SHORES 3RD Mayor Branning said he would like to see more imaginative architecture in this type of development with some units oriented so all the garages do not face the street. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of Pennock Shores 3rd Addition (replat of Lot 13, Block 8, Valley Commercial Park 2nd Addition) as recommended by the Planning Commission, and directing preparation of a development agreement. Ayes - 4 - Nays - O. PENNOCK SHORES 3RD ADDITION PRELIMINARY PLAT Mr. Gretz said a request for a building permit on Lot 9, Block 2, HUNTERS WOOD Hunters Wood, is being referred to the Council because an application BLDG/EXCAVATION for an excavation permit on this lot was denied June 27, 1985. Mr. Gordon said Lot 8, next to it, is very high and extensive grading is being requested for Lot 9. The material to be removed is intended for fill on other lots. Mr. Sheldon said he believes the Council has discretion in issuing the permit because an attempt is being made to do by another means something that was previously denied. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit on Lot 9, Block 2, Hunters Wood, in accord- ance with the certificate of survey dated May 13, 1987. BLDG. PERMIT LOT 9, BLK 2, HUNTERS WOOD Don Patten, representing the developer, said fill from Lot 9 will be used on other lots and they will be applying for building permits on those lots shortly. Mr. Sheldon said because they are applying for a building permit does not entitle them to the excavation requested. Councilmember Goodwin said he believes the house should be designed to fit the lot. It may require some excavation, but not as extensively as shown. Lloyd Nelson, the owner of Lot 8, was present and said he does not object to a house being built on the lot, but objects to the removal of fill and trees. Vote was taken on the motion. Ayes - 0 - Nays - 4. Motion Failed. CITY OF APPLE VALLEY Dakota County, Minnesota May 28, 1987 Page 6 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1987-112 awarding the contract for Project 87-260, 1987 Street Maintenance Program, to Preferred Paving, the low bidder, in the amount of $257,127.20. Ayes - 4 - Nays - O. RES. 1~87-112 AWARD CONTRACT PROJ. 87-260 RES. 1987-113 TAKE BIDS PROJ. 87-267 RES. 1987-114 TAKE BIDS PROJ. 85-228B A.L.F. AMBULANCE 1988 BUDGET LEGION AUXILIARY GAMBLING LICENSE HANLEY &ASSOC. AGREEMENT MPLS. CHAMBER MEMBERSHIP HIRE PARTTIME EMPLOYEES MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 113 approving plans and specifications for Project 87-267, Oaks of Apple Valley III 2nd Addition Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 30, 1987. Ayes - 4 - Nays - O. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-114 approving plans and specifications for Project 85- 228B, 132nd Street Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 30, 1987. Ayes - 4 - Nays - 0. The Council received and reviewed the A.L.F. Ambulance Service 1988 proposed budget Councilmember Holton, Apple Valleys representative on the Board, said the budget is following and providing the scope of services anticipated. MOTION: of Goodwin, seconded by Savanick, receiving the renewal application of Apple Valley American Legion Post 1776 Auxiliary for a gambling license at 14521 Granada Drive. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving an agreement with Hanley & Associates for personnel performance appraisal system and training consulting services at a cost not to exceed $2,000 and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, authorizing membership in the Greater Minneapolis Chamber of Commerce at a cost of $250.00 per year as contained in Mr. Gretz's memo dated May 21, 1987. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring the various parttime employees as contained in the Acting Administrator's memo dated May 28, 1987. Ayes - 4 ~ Nays - O. Councilmember Goodwin said he would like the Council to begin recruit- PARK DIRECTOR ment for a new Park Director to replace Mr. Gurban immediately. RECRUITMENT Councilmember Savanick said she would prefer to wait until a new Admin- istrator has been hired before filling this position. Mayor Branning said the Council will be interviewing recruitment firms June 4th and this could be discussed with them. Councilmember Goodwin said he would prefer using the Personnel Director rather than an outside firm. The Mayor asked for a report on the recruitment process if conducted by the Personnel Director; including time frame, etc. He also suggested the Council discuss requirements for the position further at an informal meeting. CITY OFAPPLE VALLEY Dakota County, Minnesota May 28, 1987 Page 7 MOTION: of Goodwin, seconded by Savanick, to pay the claims and bills, checks numbered 31131, 54715 through 54764, 54799 through 54802, 54804 through 54844, 54853 through 54941 and 54943 through 54955, in the total amount of $5,994,876.13. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:02 o'clock p.m.