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HomeMy WebLinkAbout05/08/1986CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 8th, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Councilmembers Goodwin, Holton, Humphrey and Savanick; City Administrator Asleson and City Clerk Mueller. ABSENT: Mayor Branning. Acting Mayor Holton called the meeting to order at 8:00 p.m. A Color Guard of Girl Scouts conducted a flag ceremony and the Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. At this time Acting Mayor Holton recognized those Girl Scouts who have GIRL SCOUT attained the Gold Award. They are Stacy Vogt, Karen Vogt, Karen RECOGNITION Schatzlein, Annette Wohlers, Eileen Govekar, Louann Mosing, Margaret Savanick and Patty Savanick He then presented eagle prints to these individuals. MOTION: of Goodwin, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Savanick, seconded by Humphrey, approving all items on CONSENT AGENDA the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Humphrey, approving hiring the various parttime employees as listed in the memo from the City Administrator dated May 2, 1986. Ayes ~ 4 ~ Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1986-72 approving division of special assessments as follows: 16403 - Menard/Southport, 16404 - Cobblestone I Replat, 16443 - D. W. Investment/Future Galaxie Park 2nd, 16464 - Carrollwood Village 7th Addition, and 16416 - Valley Way Village 2nd Addition, Condo Plat. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1986-73 approving specifications for an Ice Resurfacer with Board Brush and LP Conversion for the Sports Arena and authorizing advertising for bids to be received at 2:00 p.m. on June 3, 1986. Ayes - 3 - Nays - 0. HIRE PARTTIME EMPLOYEES RES. 1986-72 ASSESSMENT DIVISIONS RES. 1986-73 ICE RESURFACER SPECS. & BIDS AMEND PAYING AGENT AGREEMENT HIRE HAMANN MAINTENANCE I MOTION: of Savanick, seconded by Humphrey, approving an Amendment to the Agreement with First Bank St. Paul for paying agency services for Water Revenue Bonds of 1978 amending the fees for services effective August 1, 1986, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION of Savanick, seconded by Humphrey, approving hiring Fredrick Hamann for the fulltime position of Parks Maintenance Worker effective May 12, 1986, at a salary of $8.14 per hour. Ayes - 4 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1986 Page 2 MOTION: of Savanick, seconded by Humphroy, approving hiring Judy Shirk for the permanent parttime position of Accounting Clerk effective May 13, 1986, at a salary of $6.50 per hour. Ayes - 4 - Nays - 0. HIRE SHIRK ACCOUNTING CLERK END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, approving the minutes of tho meeting of April 24th, 1986, as written. Ayes - 4 - Nays - 0. APRIL 24, 1986 MINUTES AUDIENCE DISCN. Acting Mayor Holton 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. Acting Mayor Holton called the public hearing to order at 8:08 p.m. PUBLIC HEARING to consider vacating a utility easement and noted receipt of the ESMT. VACATION affidavit of publication of the hearing notice. John Gretz said utilities in the easement in Section 16 have been relocated as part of the development of the area for Saddle Ridge. With approval of the plat, at this meeting, the City will acquire new easements to the Palomino Water Reservoir and this easement is no longer needed. Acting Mayor Holton asked for comments from the Council and the public. There were none and the hearing was declared closed at 8:10 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-74 approving vacation of the utility easement in part of Section 16 as described in the Notice of Completion of Vacation and authorizing filing appropriate documents with Dakota County. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded.by Humphrey, adopting Resolution No. 1986-75 approving the final plat and development agreement for Saddle Ridge and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. RES. 1986-74 VACATE EASEMENT RES. 1986-75 SADDLE RIDGE PLAT & AGREEMENT MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1986-76 ordering installation of Project 86-238, Garden View Drive South Utilities and Streets. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1986-77 directing the Engineer to prepare plans and specifications for installation of Project 86-238. Ayes - 4 - Nays - O. RES. 1986-76 ORDER PROJ. 86-238 RES. 1986-77 PLANs & SPECS. PROJ. 86-238 MOTION: Acting Mayor Holton called the public hearing to order at 8:12 p.m. PUBLIC HEARING on Project 86-238, Garden View Drive South Improvements, and noted PROJ. 86-238 receipt of tho affidavit of publication of the hearing notice. Keith Gordon reviewed the preliminary engineering report and noted this project will complete Garden View Drive to 160th Street with utilities. Councilmember Savanick asked if the owners of the exception parcel at 160th and Garden View had contacted the City about it? Mr. Gretz said they had not. Acting Mayor Holton asked for comments from the Council and the public. There were none and the hearing was declared closed at 8:15 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1986 Page 3 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-78 establishing no parking zones along both sides of Hunters Way for 1,700 feet east of the west intersection of Hunters Way and Palomino Drive. RES. 1986-78 NO PARKING HUNTERS WAY Mr. Asleson said the residents of the Hunters Wood area previously requested the Council to authorize installation of street lights and no parking signs. On October 10, 1985, the request was considered, but no action was taken. The City's policy on street lights is that residents of subdivisions pay for the cost of street lights and the area being discussed is undeveloped at this time. The no parking zone could be established however. Stephen Nelson, 8697 Hunters Court, distributed a letter dated May 8, 1986, to the Council listing reasons the area should have lights and no parking signs. Police Chief Rivers said when this item was discussed last fall, Officers were requested to patrol the area more heavily and have done so. He does not have results of this action, but has driven the area himself at various times and not observed vehicles parked there. Mr. Asleson said the Council had discussed installing a light at the intersection of Hunters Way and Palomino Drive which would appear justified and could be paid for by the City in accordance with policy. Mr. Nelson said they would agree with this light and would like to know the cost of additional ornamental lighting. John Gretz said he would find out the cost and advise Mr. Nelson. MOTION: of Humphrey, seconded by Goodwin, amending the motion by including a street light at the intersection of Hunters Way and Palomino Drive. AMEND MOTION Councilmember Savanick asked if there is a light at the intersection of County Road 11 and Palomino Drive? Mr. Gretz said yes there is. Mr. Nelson said if the additional three lights were installed, the cost could be billed to the Hunters Wood Neighborhood Association. Mr. Gretz said after the cost of the lights is known, Mr. Nelson could advise the Council if they wanted to proceed with this request. Vote was taken on the amendment. Ayes - 4 - Nays - 0. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, authorizing installation of sidewalk along the west side of Ebony Lane, between Embry Path and Elmira Avenue, with the cost paid by the City's General Fund. EBONY LANE SIDEWALK Councilmember Humphrey said sidewalks in all residential areas of the City have been paid for by the property owners, either by special assessments or in the cost of the home. This has been the City's policy and he does not believe it should be changed. Councilmember Goodwin asked where sidewalks are required? Mr. Gretz said they are required on all 44-foot wide neighborhood collector streets and larger. Ebony CITY OF APPLE VALLEY Dakota County, MinneSota May 8, 1986 Page 4 Lane is a 32-foot wide residential street. He then reviewed the cost estimates contained in his memo to the Council dated April 30, 1986. The total is $7,087.50 or $1,181.25 per lot. The alternatives to fund it are to request the developer do to so; specially assess the cost to each lot; or pay it from the General Fund. The developer was not required to install it by City policy or in the development agreement and would probably not agree to do so. At least one resident has indicated a special assessment would not be accepted. The cost for this was not included in the 1986 budget for the General Fund. Residents present commented on their concern for pedestrian safety and the speed of traffic on the street, especially on the curve. Mr. Gretz said curve signs and recommended speed signs could be installed to address this concern. Councilmember Humphrey said if the residents want a sidewalk it should be done under special assessment proceedings and a petition from all the property owners presented to the City. Acting Mayor Holton suggested the residents also look at the area of their yards where a sidewalk would be installed before making a decision. Councilmember Savanick said she represents an opposing view. There is sidewalk along the side of one lot at Elmira and this would connect two sections of sidewalk. There are only six lots involved and the City could pay the cost. Councilmember Goodwin said the City has an important precedent in never having paid for residential sidewalk and this should be maintained. Vote was taken on the motion. Ayes - 1 (Savanick) - Nays - 3 (Goodwin, Holton and Humphrey). Motion Failed. The residents expressed concern about traffic traveling too fast around the curve in the street. Mr. Gretz said he would have signs installed on both sides of the area. MOTION: of Goodwin, seconded by Humphrey, authorizing the V.A.A. and R.A.A.A. to use Moeller, Tintah, Longridge and Wildwood Parks for organized athletic activities, from May through August of 1986, on weekday evenings and weekend afternoons, subject to the organizations providing a portable restroom at Wildwood and minimizing on-street parking by encouraging car pooling and adequate scheduling between events; it being noted this use is an exception to City policy on use of neighborhood parks. VAA & RAAA USE OF PARKS Terry Schultz distributed letters from both organizations requesting use of the facilities. Councilmember Goodwin said he believes parking problems could be minimized by scheduling events to allow time for one group to leave before the next group arrives if they are scheduled for the same evening. A representative of R.A.A.A. was present and said they are planning only one game a night. The Council discussed weekend use and agreed to limited use of the parks. The Council also received a memo from the Police Chief concerning such use and noted construction of new facilities should make this a short term exception to policy. Vote was taken on the motion. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1986 Page 5 Mr. Gretz distributed a letter written to Dean Johnson, Rosemount City ROSEMOUNT CON- Planner, concerning Rosemounts request to connect to the East Inter- NEGTION TO EAST ceptor Sewer. He described the situation where the trunk line is SEWER TRUNK large enough to make the connection at the point proposed. However, Apple Valley would not want to jeopardize its ability to continue with development due to lack of sewer capacity at the Empire Treatment Plant. Mr. Johnson and Lee Knutson, Mayor of Rosemount, were present to explain the request. Mr. Johnson said the area in Section 31 of Rosemount was originally proposed to be included in the Empire district. The MWCC changed this area to include it in the Rosemount district. Lift stations and force main would be required to accomplish this and it would be more cost effective to be served by Empire. The request is for 110 acres at this time and the Metropolitan Council has advised it will allow the entire section to be served by Empire as part of an amended plan by the MWCC in the future. To allow development to proceed on the 110 acres at this time, the Metropolitan Council requires that Apple Valley agree to Rosemount's connection to the interceptor. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-79 opposing expansion of the areas served by the East Interceptor to the Empire Treatment Plant until such time as treatment plant capacity problems can be resolved. Ayes - 4 - Nays - O. RES. 1986-79 OPPOSE EXPANDED TRMT. PLANT AREA RES. 1986-80 ROSEMOUNT INTER- CEPTOR CONNECTN. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-80 stating that Apple Valley is not opposed to the City of Rosemount connection to the 33-inch Metropolitan Interceptor to serve 110 acres. The Council discussed the ramifications of going on record in this manner and noted its major concern is to maintain adequate treatment plant capacity for the area already tributary to the Empire Plant. Richard Winkler was present and he would not want to see the City's development ability limited because of plant capacity. Vote was taken on the motion. Ayes - 3 ~ Nays - 0 (Humphrey Abstained). MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Carrollton Estates 2nd Addition, as recommended by the Planning Commission, and directing Staff to prepare a development agreement. Ayes - 4 - Nays - O. PRELIM. PLAT CARROLLTON 2ND RES. 1986-81 FINAL PLAT A.V. COMMERCIAL 2ND MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986-81 approving the preliminary plat of Apple Valley Commercial Second Addition, as recommended by the Planning Commission, subject to new water and sewer service being provided for new Lot 1, and approving the final plat and authorizing the Mayor and Clerk to sign the same. Councilmember Humphrey said he is concerned about the size of buildings that could be put on the lots even though it does meet the minimum subdivision requirements. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Humphrey). CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1986 Page 6 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1986-82 1986-82 approving plans and specifications for Project 86- PROJ. 86-252 252, Carrollton Estates 2nd Addition Storm Sewer Improve- PLANS & BIDS ments, and authorizing advertising for bids to be received at 2:00 p.m. on June 10, 1986. Ayes - 4 - Nays - 0. The Council received a letter dated April 28, 1986, from Carol Hein HEIN RESIGNATION submitting her resignation from the Planning Commission effective PLANNING COM. immediately. The Council accepted her resignation and requested that a letter of appreciation be sent to Ms. Hein. Councilmember Humphrey said applications would continue to be accepted for the vacancy and he would review all of them and make a recommendation for an appointment at the May 22, 1986, meeting. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-83 amending Resolution No. 1985-187 by adopting the 1986 operating budgets for the Liquor, Golf, Water and Sewer and Sports Arena Funds for a total 1986 City Budget with revenue of $10,416,400 and expenditures of $10,772,768. Ayes - 4 ~ Nays - 0. RES. 1986-83 1986 OPERATING BUDGETS Jim Sheldon reviewed matters concerning condemnation of the Donald Petter property at Diamond Path and Pilot Knob Road. While the entire matter is still involved in litigation on adjoining property, an offer to settle this property has been received for $1,300. He would estimate the City's costs to proceed with a condemnation hearing to be $1,500 and would recommend accepting the settlement. MOTION of Humphrey, seconded by Savanick, authorizing settlement of a condemnation action with Donald Petter, for property at Diamond Path and Pilot Knob Road, upon payment of $1,300 by the City as recommended by the City Attorney. Ayes - 4 - Nays - 0. SETTLE PETTER CONDEMNATION ACCEPT SCHULTZ RESIGNATION RES. 1986-84 AWARD CENTRAL GARAGE CONTRACT MOTION: of Savanick, seconded by Humphrey, accepting, with regret, the resignation of Terry Schultz, as Assistant Parks & Recreation Director, effective June 10, 1986. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-84 awarding the contract for construction of the Central Maintenance Facility to Shaw Lindquist, the low bidder, with Alternate G1, in the total amount of $1,675,000. Mr. Asleson reviewed his memo dated May 7, 1986, concerning the bids received, cost estimates and financing. With the increase in size, the Equipment Storage Building and Central Maintenance Facility are now estimated to cost $2,260,000. He suggested the Council authorize transfer of approximately $300,000 each from the Water and Sewer Fund and the General Fund to cover the additional costs. Acting Mayor Holton asked if this transfer was needed now? Mr. Sheldon said the financing agreement for the funding requires the City to front any additional costs over the $1,700,000 financed before drawing on those funds. David Kroos, of Boarman Architects, was present to answer questions. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1986 Page 7 Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing the transfer of $300,000 from Fund 28 (Water and Sewer) and $307,000 from Fund 01 (General) to Fund 25 (Garage Construction). Ayes - 4 - Nays ~ 0. TRANSFER FUNDS FOR GARAGE REDUCE BOND PILOT KNOB EST. 3RD IMPROVEMENTS RES. 1986-85 DIVIDE LOTS 6 & 7, BLK 13, A.V. 3RD ADDN. MOTION: of Goodwin, seconded by Humphrey, authorizing reduction of the letter of credit from United Financial Savings for Pilot Knob Estates 3rd Addition FHA improvements from $7,500.00 to $500.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-85 authorizing the Dakota County Auditor to divide parcel number 01-11702-070-13 into separate tax parcels for Lots 6 and 7, Block 13, Apple Valley Third Addition. Ayes - 4 - Nays - 0. Mr. Gretz reviewed a memo concerning the study of commercial/industrial designated areas of the City. It describes the process Mr. Shardlow will be following in the study which will probably result in an amendment to the City's Comprehensive Plan. Mr. Gretz said Mr. Shardlow will attend the Council's May 15, 1986, informal meeting for further discussion. He will also be working with the Planning Commission and meeting with the Chamber of Commerce in the process. MOTION: of Humphrey, seconded by Goodwin, authorizing transmittal of the letter dated May 6, 1986, from the Council to the Planning Commission and Staff, concerning "Commission to Undertake Planning and Zoning Study, Downtown Apple Valley, Commercial and Industrial Areas Throughout City". Ayes - 4 - Nays - 0. COM/IND PLANNING STUDY PROCEDURES Mr. Gretz reviewed the application of Superlock AV for an excavation permit. During construction, they found bad material which had to be removed. The property north of 145th Street has good granular material and a hill which will have to be removed prior to any future construction on that property. They began transferring material, however surrounding property owners complained about the dust and spilled material on the streets. Philip Smith, of Superlock, was present and said they have stopped hauling the material and will be buying granular material. They would like to continue to store the material they are removing on the property north of 145th Street. Mr. Gretz said it would be preferable if they could access this property from Glenda Drive rather than Cedar Avenue. Mr. Smith said they would have to cross a pipeline easement to do so and cannot get permission. Mr. Smith said they are willing to clean the streets after hauling or pay for extra sweeping the City would require. MOTION: of Humphrey, seconded by Goodwin, approving an excavation permit for Superlock AV on Lots 1, 2, 3, 6, 7, and 8, Block 1, Valley Commercial Park 2nd Addition, and Lots 5 and 6, Bornel, for three working days subject to scraping and sweeping, daily, the route travelled on Glenda Drive, 145th Street and Cedar Avenue. Ayes - 4 - Nays - 0. EXCAVATION PERMIT FOR SUPERLOCK AV CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1986 Page 8 Acting Mayor Holton presented a picture of the A.L.F. ambulances and staff to the City. The picture was given to him at the A.L.F. dedi- cation ceremony held earlier this evening. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 48351 through 48431 and 48441 through 48542, in the total amount of $4,442,661.82 Ayes 4 Nays - 0. · A.L.F. AMBULANCE PICTURE CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:36 o'clock p.m.