Loading...
HomeMy WebLinkAbout07/09/1987CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 9th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey (attended at 8:07 p.m.) and Savanick. ABSENT: None. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Recreation Services Manager Johnson, City Planner Kelley and Assistant Administrator Lawell. Mayor Branning called the meeting to order at 8:07 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA JUNE 18 & 25, 1987 MINUTES AUDIENCE DISCN CONSENT AGENDA TAX ABATEMENT LOT 14, BLK 7, PAL. HILLS 4TH BLDG. PERMIT 12896 GALAXIE SHADOW ESTATES VARIANCES Councilmember Humphrey attended at this time. MOTION: of Holton, seconded by Savanick, approving the minutes of the regular meetings of June 18th and 25th, 1987, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present toaddress 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 Savanick, adding revised Greenleaf Park Estates plat and Publicorp Agreement to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving a tax abatement for 1985 and 1986 for Lot 14, Block 7, Palomino Hills 4th Addition (parcel number 01-56603-140-07) as recommended by the Dakota County Assessor. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, authorizing issuance of a building permit for a single family dwelling at 12896 Galaxie Avenue (parcel number 01-01500-040-80) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, granting frontyard setback variances for Lots 11 to 14 and 16 to 21, Block 1, Shadow Estates, to allow construction to within 20 feet of the front lot line as recommended by the Planning Commission. Ayes -5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1987 Page 2 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-139 awarding a contract for Project 85-228B, 132nd Street Utility Improvements, to Ceca Utilities, the low bidder, in the amount of $335,748.55. Ayes - 5 - Nays - O. MOTION of Holton,,seconded by Savanick, adopting Resolution No. 1987-140 awarding a contract for Project 87-267, The Oaks of Apple Valley III 2nd Addition Improvements, to Erickson Contracting, Inc., the low bidder, in the amount of $224,693.10. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Savanick, adopting Resolution No. 1987-141 receiving the preliminary engineering report for Project 87-276, 143rd Street Improvements from Cedar Avenue to Glenda Drive, and setting a public hearing on it at 8:00 p.m. on August 13, 1987. Ayes - 5 - Nays ~ 0. MOTION of Holton, seconded by Savantck, adopting Resolution No. 1987-142 receiving the preliminary engineering report for Project 87-277, Johnny Cake Ridge Road Improvements at the Zoo Entrance, and setting a public hearing on it at 8:00 p.m. on August 13, 1987. Ayes - 5 - Nays - O. MOTION of Holton, seconded by Savanick, adopting Resolution No. 1987-143 authorizing installation of stop signs on Eveleth Court and on Euclid Court at their intersections with 138th Street. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick, moving the Council's infor- mal meeting of July 30, 1987, to the conference room at the Central Maintenance Facility, 6442 West 140th Street, to be held at 8:00 p.m. following the public open house from 5:00 to 8:00 p.m. Ayes - 5 - Nays ~ 0. MOTION of Holton, seconded by Savantck, approving the addition of Brian Benson, Kefth Beulen and Mary Kellogg as members of the volunteer Fire Department as shown in Chief Tuthill's memo dated July 6, 1987. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick, approving hiring Martin Earley for the fulltime position of Police Officer effective August 22, 1987, at a monthly salary of $1,739.00. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick, assigning Randy Johnson to the temporary position of Interim Parks & Recreation Director effective July 20, 1987, at a monthly salary of $3,240.00. Ayes ~ 5 - Nays - 0. RES. 1987-139 PROJ. 85-228B AWARD CONTRACT RES. 1987-140 PROJ. 87-267 AWARD CONTRACT RES. 1987-141 PROJ. 87-276 SET HEARING RES. 1987-142 PROJ. 87-277 SET HEARING RES. 1987-143 INSTALL STOP SIGNS CENTRAL MAINTNC. OPEN HOUSE & MEETING ADD VOLUNTEER FIREFIGHTERS HIRE EARLEY POLICE OFFICER JOHNSON INTERIM PARK & REC. DIR. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1987 Page 3 MOTION: of Holton, seconded by Savanick, approving hiring the part- time employee as shown in the Personnel Director's memo dated July 9, 1987. Ayes ~ 5 - Nays - 0. HIRE PARTTIME EMPLOYEE REVISED PLAT GREENLEAF PARK ESTATES PUBLICORP, INC. ECONOMIC DEV. SERVICE AGREEMT. MOTION: of Holton, seconded by Savanick, approving the revised final plat of Greenleaf Park Estates removing the "tail" of Outlot A, right-of-way for Findlay Avenue and Outlot D, all of which lie in an adjoining parcel, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving an agreement with Publicorp, Inc., for economic development assistance services including articles stating the fees will not exceed $6,000 for Items I, II and III of the proposal dated June 26, 1987, and a provision that Mr. Sid Inman will make all developer contacts and presentations and authorizing the Mayor and Clerk to sign the agrement. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Johnson introduced Mike Schultz, Kevin Studer and Rick Duncan of IN ' FISHERMAN the Minnesota Valley In Fisherman group. They presented a check for DONATION $2,000 to the Mayor which their organization is donating toward con- struction of a fishing pier at Lac Lavon. Mr. Schultz said the possibility of Department of Natural Resources grant funds has been discussed as a means of funding such a pier and his group would be willing to work with the City to see that it is completed. The Mayor thanked the organization for its donation. An award from the Minnesota Recreation & Parks Association was removed from the agenda and will be rescheduled at a future date. Mayor Branning called the public hearing to order at 8:14 p.m. on Pro- PUBLIC HEARING ject 86-225, 153rd Street and Galaxie Avenue Improvements, and noted PROJ. 86-225 receipt of the affidavit of publication of the hearing notice. Mr. 153RD & GALAXIE Gordon reviewed the preliminary engineering report dated June 12, 1987, and noted that 153rd Street is proposed on a straight alignment between Cedar and Galaxie. Both 153rd and Galaxie will be 52 feet wide with a sidewalk on both sides of 153rd and pathway on the west side of Galaxie. Part one also includes a storm sewer pond east of Menards. The second part of the report would extend Galaxie south to 157th Street and provide utilities for the proposed soccer center. Richard Winkler asked if utilities are included in 153rd Street? Mr. Gordon said no, only utility crossings and storm sewer are included. If all utilities were included, it would be much more expensive. They are included in Galaxie Avenue and would be extended to the proposed soccer center. If 157th Street is constructed with proposed Apple Ponds development, utilities for the soccer center could be included and it would not be necessary to extend Galaxie. Mayor Branning asked what a median in 153rd Street, similar to Nicollet Avenue in Burnsville, would cost? Mr. Gordon said approximately $15.00 per foot or $50,000. The Mayor also questioned the size of the storm sewer. Mr. Gordon said it would be CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1987 Page 4 installed as shown in the City's Master Storm Sewer Plan at its ultimate size because it is more cost effective. The major cost of the storm sewer is construction of the pond. Mr. Gretz said it is proposed to fund the project by a combination of M.S.A. funds and special assessments. He is having appraisals made on the affected property for special assessment purposes. Mr. Winkler, representing Southport Development and D-W Investment, said he is opposed to this project. Because there is no development pending on the property, he cannot afford the assessments. There should be development before a road is constructed. Robert Substad, representing PRG Development, said he is in favor of the project because it will open up the property for development. There were no further comments and the hearing was declared closed at 8:29 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-144 ordering installation of Project 86-225, 153rd Street and Galaxie Avenue Improvements. RES. 1987-144 ORDER PROJECT 86-225 Councilmember Savanick asked if 153rd Street could be constructed as two lanes now and widened later? Mr. Gordon said it could be done, but would be much more difficult and costly. The Council discussed the street width and concurred that on-street parking will probably be eliminated on the entire 42/Cedar "ring route" and should not be provided for on these streets. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-145 directing the Engineer to prepare plans and specifications for Project 86-225. RES. 1987-145 PROJ. 86-225 PLANS & SPECS. 153RD MEDIAN MOTION: of Holton, seconded by Goodwin, amending the above motion by includimg a median on 153rd Street. Mr. Kelley asked if the intent of the median is to limit turning movements or if curb cuts would be allowed? The Council said curb cuts should be allowed. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:47 p.m. on Pro- PUBLIC HEARING ject 83-13, Granada Avenue Improvements between 147th and 149th PROJ. 83-13 Streets, and noted receipt of the affidavit of publication of the GRANADA AVENUE hearing notice. Mr. Gordon reviewed the preliminary engineering report dated June 12, 1987. Granada Avenue would be constructed as a 44-foot wide street with two driving lanes and two parking lanes. The shopping center area would have a net loss of 32 parking spaces. CITY OF APPLE VALLEY Dakota County, Minneseta July 9, 1987 Page 5 Jim Ahem, of Coast-to-Coast, said all tenants of the Granada area are opposed to the project because they would lose too many parking spaces: 89. No vehicle pulling a trailer or boat would be able to park there. The Mayor asked if they would still be oppomed if the design were changed? Mr. Ahem said not if they could gain parking spaces. Bill Roach, a tenant of the area, said he is concerned a road will create more accidents because vehicles will drive faster. Sybil, Wilenski, managing partner of Granada Center Partnership, said the proposed road threatens their business and tenants. They need interaction in the shopping center and the road would be a barrier as well as construction interrupting business. They have not been contacted by the City or Police Department about traffic problems. Gary Fieber said he is not a tenant, but a resident of the City and believes something should be done with the area. He asked if speed bumps or concrete medians could be used to direct traffic through the area. Councilmember Holton asked if one entrance on 147th Street would be considered rather than a street? Ms. Wilenski said she would be willing to talk about alternatives. If there are things that can be done and would improve business, they would be willing to be assessed for the cost. Mayor Branning asked Staff to look at different alternatives for the problem including access from the I.G.A. parking lot and come back to the Council. The hearing was declared closed at 9:17 p.m. Mayor Branning called the public hearing to order at 9:29 p.m. on Pro- PUBLIC HEARING ject 87-275, Royal Oaks Improvements, and noted receipt of the af- PROJ. 87-275 fidavit of publication of the hearing notice. Mr. Gordon reviewed the ROYAL OAKS preliminary engineering report dated June 9, 1987. He said this project and projects 87-274 and 87-271 are interrelated. An easement across the O'Neill property is needed and he believes they have reached an agreement. The stipulations would be no utility assessments until the property develops; a hold harmless clause from construction claims; and no construction of Georgia Drive until the property changes ownership which should occur in September. Mr. Gordon said Royal Oaks consists of one 16-lot cul de sac on the north side of 132nd Street. Councilmember Holton asked if it will line up with a future street on the south side of 132nd Street? Mr. Gordon said no, but when property to the west develops, the street connection for it should be moved slightly west and align with Georgia Drive. It would require approval from MnDOT, but should be able to be done. The Mayor asked for any other questions or comments. There were none and the hearing was declared closed at 9:37 p.m. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 146 ordering installation of Project 87-275, Royal Oaks Improvements. Ayes - 5 - Nays - 0. RES. 1987-146 ORDER PROJECT 87-275 RES. 1987-147 PROJ. 87-275 PLANS & SPECS. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1987-147 directing the Engineer to prepare plans and specifications for Project 87-275. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1987 Page 6 Mayor Branning called the public hearing to order at 9:39 p.m. on Pro- PUBLIC HEARING ject 87-274, Salem Woods Improvements, and noted receipt of the al- PROJ. 87-274 fidavit of publication cf the hearing notice. Mr. Gordon reviewed the SALEM WOODS preliminary engineering report dated June 4, 1987. The development consists of 26 lots and all utilities will connect to 132nd Street. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 9:41 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-148 ordering installation of Project 87-274, Salem Woods Improvements. Ayes - 5 - Nays - 0. RES. 1987-148 ORDER PROJECT 87-274' RES. 1987-149 PROJ. 87-274 PLANS & SPECS. PUBLIC HEARING PROJ. 87-271 CHERRY OAKS & BUBBERS-KRAUSE MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 149 directing the Engineer to prepare plans and specifications for Project~87-274 Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 9:42 p.m. on Pro- ject 87-271, Cherry Oaks and Bubbers-Krause Addition Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated June 8, 1987. The loop street connecting to the Cedar frontage road would not be constructed this year to avoid interrupting Mr. Hoel's nursery area. If Cherry Oaks improvements were not installed, the Bubbers Krause property could have extended from 132nd Street. Unless Georgia Drive can be constructed across the O'Neill property to the south, the Cherry Oaks lots will be landlocked at this time. When the O'Neill property is transferred, for the second phase of Eagle Ridge, Georgia Drive can be constructed. It is expected this transfer will take place in September. The City has a 30-foot utility easement across the Solomonson property to 132nd Street and is exercising an option for the other 30 feet across the Feiner property. Georgia Drive will connect, north, to 132nd Street across these properties, but not for about five years. The Attorney representing Leer Wilson, the developer, asked if the City could proceed with condemnation to provide access because Mr. Wilson is ready to develop his property. He questioned whether the City is in a position to proceed if it does not have all the easements. Mr. Gretz said if the normal course of events occur; that is, transfer of the O'Neill property; the road would be constructed much faster than the time it would take for condemnation. Mark Bubbers asked if they could be assured of getting utility service from 132nd Street if this project does not proceed? He also asked if this could be provided by August 1, 1987, to close on their house. Mr. Gordon said the utilities can be extended, but he could not guarantee that date. Mr. Wilson said his plat was approved on the basis of access from the Eagle Ridge area and utility easements were given to the City on that basis also. If he does not have the access, he does not believe the City has a right to the easement. Mr. Sheldon said the City is acquiring an easement to the north and an agreement has generally been reached for an easement to the south and the City can proceed with this project. There were no further comments and the hearing was declared closed at 10:21 p.m. CITY OF APPLE VALLEY Dakota Connty, Minnesota July 9, 1987 Page 7 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-150 ordering installation of Project 87-271, Cherry Oaks and Bubbers-Krause Addition Improvements. RES. 1987-150 ORDER PROJECT 87-271 Councilmember Savanick asked if Georgia Drive does not continue north at this time, will it be a cul de sac? Mr. Gordon said no, it would be just a dead end so it is clear that it will be a through street. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-151 directing the Engineer to prepare plans and specifications for Project 87-271. Ayes - 5 - Nays - O. RES. 1987-151 PROJ. 87-271 PLANS & SPECS. RES. 1987-152 PROJ. 87-264 TAKE BIDS RES. 1987-153 PROJ~ 87-272 SET HEARING RES. 1987-154 PROJ. 87-278 SET HEARING RES. 1987-155 SET HEARING DAY CAKE CENTER BOND FINANCING MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1987-152 approving plans and specifications for Project 87- 264, Huntington and Hunters Ridge Trunk Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on August 11, 1987. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1987-153 receiving the preliminary engineering report for Project 87-272, Shadow Estates Trunk Improvements, and setting a public hearing on it at 8:00 p.m. on August 13, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-154 receiving the preliminary engineering report for Project 87-278, 157th Street Improvements from Cedar to Galaxie, and setting a public hearing on it at 8:00 p.m. on August 13, 1987. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-155 setting a public hearing at 8:00 p.m. on August 13, 1987, relating to the issuance of revenue bonds pursuant to Chapter 474, Minnesota Statutes, for a proposed Building Block Day Care and Nursery School facility at 130th and Pennock, subject to developer paying a deposit of $2,500 applicable toward City expenses. Ayes - 5 - Nays - 0. Mayor Branning announced he had dissolved his committee on administra- SPACE NEEDS tion and police space needs. He suggested inviting Chamber of Commerce MEETING and Rotary members to the informal meeting July 16, 1987, to air any concerns they have on City space needs and tour the building if they wish. Councilmember Humphrey suggested it not be limited to those organizations, but include any other citizens. Councilmember Bolton said such a meeting is fine, but if it is intended for the group to make a recommendation, it should be a smaller group. The Mayor said this meeting is for the purpose of discussion only. The Council concurred with the meeting. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1987 Page 8 MOTION: of Holton, seconded by Goodwin, approving reduction of subdivision financial guarantees as follows: Emerald Point from $6,700 to zero; Emerald Point 2nd from $22,000 to $4,770; Valley Way Village 4th from $28,500 to zero; and Valley Way Village 5th from $108,200 to $90,000. Ayes - 5 - Nays - 0. SUBDIVISION BOND REDUCTIONS MOTION: of Savanick, seconded by Humphrey, directing the Engineer to prepare a preliminary feasibility report for public im- provements to serve Eagle Ridge 2nd Addition. Ayes - 5 - Nays - O. PRELIM. REPORT EAGLE RIDGE 2ND C.R. 42 COUNTY AGREEMENT MOTION: of Holton, seconded by Savanick, approving an agreement with Dakota County for reconstruction of County Road 42 from Pennock Avenue west to the Burnsville border and authorizing the Mayor and Clerk to sign the same. Mr. Gretz advised the Council that the County will be taking bids for the work this fall, but construction will not begin until Spring of 1988. Vote was taken on the motion. Ayes - 5 - Nays - 0. Councilmember Goodwin said some members of the community have expres- ICE ARENA sed an interest in a second sheet of indoor ice. He believes both the DISCUSSION City and School District have an interest in seeing the current youth programs continue and discussion should be initiated. He suggested the Council talk with members of the School Board to have staff from both organizations get together and discuss the feasibility and methods for getting a second sheet of ice. The Mayor said, as Park liaison, he could pursue this and the Council concurred. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31136, 55573 through 55667 and 55677 through 55823, in the total of $9,659,485.51. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:53 o'clock p.m.