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HomeMy WebLinkAbout05/22/1986CITYOF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 22nd, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 9:11 p.m.); City Administrator Asleson and City Clerk Mueller. ABSENT: None. 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 - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA RES. 1986-86 AWARD CONTRACT PROJ. 86-245 MOTION: of Holton, seconded by Goodwin, removing hiring parttime employees from the consent agenda and approving all remaining items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 86 awarding the contract for Project 86-245, Padlock 151st & Foliage Improvements, to Richard Knutson, Inc., the low bidder, in the amount of $352,180.90. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 87 awarding the contract for Project 86-246, Castlewood Estates Improvements, to Gartzke Construction, the low bidder, in the amount of $162,484.00. Ayes - 4 - Nays - 0. RES. 1986-87 AWARD CONTRACT PROJ. 86-246 MOTION: of Holton, seconded by Goodwin, approving an amended Paying Agent Agreement with First Bank Minneapolis for 1972 G.O. Water and Sewer Revenue Bonds effective August 1, 1986, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 Nays - O. AMEND BOND PAYING AGENT AGREEMENT RES. 1986-88 WAIVER OF PLAT CARROLLTON 2ND VARIOUS BOND REDUCTIONS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 88 approving a temporary waiver of platting allowing title to be transferred on a metes and bounds basis for property in Section 28, future Carrollton Estates 2nd Addition. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing reduction of guarantees for improvements in Pilot. Knob Estates 5th Addition from $82,000 to $41,300 and in Valley Way Village 2nd Addition from $105,250 to $56,770. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Page 2 MOTION: of Holton, seconded by Goodwin, approving hiring Ralph M. Boyd for the fulltime position of Inspector I effective June 9, 1986, at a starting salary of $1,859.00 per month. Ayes - 4 - Nays - 0. HIRE BOYD INSPECTOR I MAY 8, 1986 MINUTES END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Holton, approving the minutes of the meeting of May 8th, 1986, as written. Ayes - 3 - Nays - 0 (Branning Abstained). Mayor Branning asked if any one was present to address the Council at AUDIENCE DISCN. this time on any item not on this meeting's agenda. Stephen Lane, WALNUT LANE 260 Walnut Lane, was present and expressed concern about the speed of TRAFFIC PROBLEM traffic on his street. He said the stop sign at Elm and Walnut has been stolen also. He said the Police have tried to use radar in the past and understands they cannot always be there. He knows speed bumps are not acceptable, but in South Apple Valley there are dips in the street at some of the intersections and they seem to do a good job of slowing traffic. Could something like that be done on Walnut Lane? Police Chief Rivers said he would have the Officers patrol the area more heavily. Councilmember Holton asked if getting the license numbers of the vehicles and giving them to the Police would help? Chief Rivers said it would and the Officers would then be able to talk to the drivers or vehicle owners. Mayor Branning said the dips in the street, referred to by Mr. Lane, are for drainage and would not be appropriate to be installed for other reasons. Ne suggested the additional Police patrol be tried to help with the problem. Mayor Branning noted that June 14, 1986, is flag day and he issued a proclamation proclaiming it in Apple Valley and encouraged all citi- zens to participate in the "Pause for the Pledge" and recite the pledge of allegiance at 6:00 p.m. on June 14, 1986. FLAG DAY PROCLAMATION Mayor Branning called the public hearing to order at 8:11 p.m. on PUBLIC HEARING Project 86-253, Lac Lavon Shores 3rd Improvements, and noted receipt PROJ. 86-253 of the affidavit of publication of the hearing notice. Keith Gordon reviewed the preliminary engineering report and noted these improvements include construction of a connection between Lac Lavon and Keller Lake. This connection will be used only if the water level of Lac Lavon becomes too high and it will not allow water from Keller Lake to flow into Lac Lavon. Rod Hardy, of Sienna Corporation, the developer, was present and said he supports the project and wishes to proceed. Mayor Branning asked which storm sewer outlets connect to the lake? Mr. Gordon reviewed this and said only about 100 acres of property actually drain to it. The developer intends to establish covenants addressing the types of lawn fertilizer to be allowed. The Mayor asked if there are traps which could be installed in the storm drains to prevent any gasoline or oil spills from going into the lake? Mr. Gordon said he is not aware of any, but catch basins could be put at the outlets to trap sand washing in from the streets. There were no further questions or comments and the hearing was declared closed at 8:17 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Page 3 MOTION: of Goodwin, seconded by Holton, adopting Resolution Ne. 1986- 89 ordering installation of Project 86-253, Lac Lavon Shores 3rd Addition Improvements. Ayes - 4 - Nays - O. RES. 1986-89 ORDER 86-253 RES. 1986-90 P & S 86-253 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-90 directing the Engineer to prepare plans and specifications for Project 86-253. Ayes - 4 - Nays ~ 0. Tom Lawell reviewed his memo dated May 19, 1986, concerning agreements RECYCLING CTR. for the recycling center. The first agreement involves the cities and AGREEMENTS Goodwill Industries and the second is a joint powers agreement among the cities. It is anticipated the center will open around the middle of June. Del Edwards, of Goodwill Industries, was present and said the response to the Burnsville center has been very good. They hope to have 20 centers in the Twin Cities area within two years. The grand opening for the Burnsville center will be May 31, 1986, at 9:30 a.m. and she invited everyone to attend. MOTION: of Holton, seconded by Goodwin, approving the Recyclable Collection Agreement among the Cities of Apple Valley, Lakeville and Rosemount and Goodwill Industries, Inc., Easter Seal Society of Minnesota and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. APPROVE RECYCLE COLLECTION AGREEMENT APPROVE RECYCLE J.P. AGREEMENT PREPARE REPORT 132ND STREET IMPROVEMENTS MOTION: of Humphrey, seconded by Holton, approving the Joint Powers Agreement to Provide Recycling Services among the Cities of Apple Valley, Lakeville and Rosemount and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving the petition for sewer, water and street improvements to 132nd Street, be- tween Cedar and Galaxie Avenues, and directing the Engineer to prepare a preliminary feasibility report and pro forma assessment roll. Leer Wilson, 13724 Cedar Avenue, was present and said the Council should be aware the petition includes property owners on Cedar Jnd Galaxie Avenues who want sewer and water improvements for their properties. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing issuance of building permits for three portable buildings at Apple Valley High School, subject to a 20-foot separation between struc- tures, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. A.V. HIGH SCHOOL BLDG. PERMITS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-91 approving the final plat and development agreement for Emerald Point Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. RES. 1986-91 EMERALD PT. 2ND PLAT & AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Page 4 MOTION: of Humphrey, seconded by Holton, approving the preliminary plat of Lac Lavon Shores 2nd Addition, as recommended by the Planning Commission, and directing Staff to prepare a deve- lopment agreement. PRELIM. PLAT LAC LAVON 2ND Jim Hill, representing Sienna Corporation, was present and said they intend to begin with construction of the single family homes and the multiple dwellings, south of Garden View Drive, will probably not be constructed until next year. Vote was taken on the motion. Ayes ~ 4 ~ Nays - O. MOTION: of Goodwin, seconded by Holton, authorizing issuance of building permits for three 33-unit multiple dwelling struc- tures on Lots 1, 2 and 3, Block 1, Lac Lavon Shores 2nd Addition, per site and landscaping plans dated March 24, 1986, and building elevation plans dated March 25, 1986, as recommended by the Planning Commission, subject to the final plat being filed prior to occupancy of the units. BLDG. PERMITS MULTIPLE UNITS LAC LAVON 2ND The Council reviewed architectural renderings of the buildings which will have aluminum exteriors. There will be individual laundry facilities in each unit and the buildings will probably provide for condominium ownership of the rental units. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, rezoning part of the North- west Quarter of Section 22, lying between 130th Street and Trunk Highway 77, known as the Williams property, from R-iA to M-3 as recommended by the Planning Commission. REZONE WILLIAMS PROPERTY TO M-3 Councilmember Humphrey said the land uses of the surrounding property have been studied and he believes this rezoning is in order. Oouncilmember Ooodwin asked what will happen to the remaining property to the west? Rick Kelley said this property has a steep slope and will probably not have an access. When the right-of-way for Cedar Avenue was acquired, the owner was compensated by the State for having its access severed and it is considered undevelopable. Mayor Branning asked what would happen if it is acquired by someone else who wants to develop it? Jim Sheldon said under current state law, the City would have to approve a title transfer of this property because it is part of the parcel south of Trunk Highway 77 for tax purposes. If the law is changed in the future, this problem might have to be addressed. Mr. Kelley said the developer has advised it would be willing to look at the site further and this item could be tabled. MOTION: of Humphrey, seconded by Holton, tabling consideration of this item until June 12, 1986. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 359 rezoning the North Half of the Northwest Quarter of Section 15, known as Briar Oaks, from P to R-lC, as recommended by the Planning Commission. TABLE REZONING ORDINANCE 359 REZONE BRIAR OAKS TO R-lC CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Page 5 Councilmember Holton asked if it would be possible to get a connection from the park area, Outlot A, to the large pond to the west? Larry Frank, representing the developer, was present and described the rationale for the layout of the area. They started with 145 single family lots and a multiple dwelling area. The multiple area has been changed to park and seven lots were eliminated and are now at 138 lots. By removing one more lot, a 45 foot wide access could be provided to the street and then access to the pond area could be gained from the street. Jim Hill had prepared a sketch showing the street moved farther north and providing access along the rear lot lines of three lots for Mr. Gurban to review. Mr. Gurban said a 75 to 100 foot wide access would be ideal, but if the three lots south of the street were removed, it could work. (Councilmember Savanick attended at this time.) Mr. Frank said he understood a 40-foot access would be acceptable. The street can be shifted somewhat to the north, but topography would affect where housing pads could be located. Mr. Frank asked if the three lots were eliminated, would the park pick up the assessments for that property? Mr. Gurban said that might be a negotiable item. The Council discussed this aspect and suggested it should be held until the next meeting for the details and a revised drawing to be prepared. The Council recessed and the developer, Mr. Sheldon and Mr. Gurban conferred on the matter. The Council reconvened and Mr. Sheldon said Mr. Frank requests that the three lots be deleted and included as park. Mr. Frank agreed and said it would be understood these lots and Outlot A would be complete satisfaction of park dedication requirements for the property. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of Briar Oaks, as recommended by the Planning Commis- sion; except Lots 1, 2 and 3, Block 7, will be deleted and combined with Outlot A, at the request of the developer, as complete park dedication for the property and Staff is directed to prepare a development agreement on this basis. Ayes - 5 - Nays - 0. PRELIM. PLAT BRIAR OAKS RES. 1986-92 SET HEARING PROJ. 86-248 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1986- 92 receiving the preliminary engineering report for Project 86-248, Briar Oaks Utility and Street Improvements and set- ting a public hearing on it at 8:00 p.m. on June 26, 1986. Ayes - 5 - Nays - 0. Mr. Asleson reviewed his memo dated May 19, 1986, concerning Personnel Director recruitment. He introduced Sharon Gluschenko, who he recommends retaining as a consultant to facilitate the process. MOTION: of Savanick, seconded by Humphrey, approving a contract with Sharon Gluschenko for Personnel Director recruitment consul- ting services at an hourly fee of $75.00, not to exceed $3,500 including expenses. Ayes - 5 - Nays - O. RETAIN CONSULT. PERSONNEL DIR. RECRUITMENT CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Page 6 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1986-93 amending the Personnel Plan by adding the position of Personnel Director and approving a job description for the position. RES. 1986-93 PERSONNEL DIR. JOB DESCRIPTION Ms. Gluschenko said she has reviewed the job description and, due to the salary range, there may be some constraints on recruiting the desired applicant. Based on her discussion with Mr. Asleson, she suggested targeting toward an applicant with labor relations skills who might not be as skilled in other areas, but who would be able to develop in those areas. Vote was taken on the motion. Ayes - 5 - Nays - O. Tom Lawell reviewed the memo dated May 19, 1986, concerning County COUNTY ROAD 38 Road 38 construction from Pilot Knob Road east to Rosemount. The CONSTRUCTION Engineerts report on constructing a temporary access road to the golf course is attached and is estimated to cost $56,000. With the proposed construction schedule, impact to the golf course is minimized and the Park Director believes the situation will be workable. The Council reviewed a letter dated May 19, 1986, from Mr. Asleson to Larry Figgins outlining the City's understanding of the construction agreement. Mayor Branning suggested it include language stating that if these conditions are not met, the City will build a temporary access road and charge the cost to the County. Mr. Sheldon said the intent of paragraph 11, of the agreement, is that one driving lane be kept open except in cases of emergency and this should be acceptable. Councilmember Humphrey said he is more concerned about the contract the County will have with the contractor ensuring completion. Mr. Asleson said the City could recommend adding a liquidated damages clause of $300 per day for failure to get one coat of blacktop on this fall. The Council discussed the potential dollar loss to the golf course due to construction. Mr. Gurban reviewed information on this and it was estimated that if half the revenue from August 15th to the end of the year were lost it would be $35,000 which would be unlikely to happen. MOTION: of Humphrey, seconded by Holton, approving an Agreement for Highway Construction with Dakota County related to County Road 38, known as County Project No. C-38-04, authorizing the Mayor and Clerk to sign the same and providing that a trans- mittal letter containing the conditions as in Mr. Aslesons letter accompany the Agreement. Ayes - 5 - Nays - 0. COUNTY ROAD 38 CONSTRUCTION AGREEMENT RES. 1986-94 EMERGENCY MGMT. DIR. TITLE CHG. RES. 1986-95 CITY EMERGENCY OPERATIONS PLAN MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-94 changing the titles of "Civil Defense Director" and Deputy to "Emergency Management Director" and Deputy. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-95 approving the Emergency Operations Plan for the City, replacing the Civil Defense Emergency Plan as adopted by Resolution No. 1985-4. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Page 7 Mr. Asleson said the County construction plans for County Road 38 require approval by tho City. The Council reviewed the plans with the Engineer. MOTION: of Humphrey, seconded by Holton, approving the construction APPROVE C.R. plans for County Project No. C-38-04, County Road 38 from 38 PLANS Pilot Knob Road to Rosemount. Ayes - 5 - Nays - 0. The Council reviewed Mr. Asleson's memo dated May 22, 1986, concerning bids for garage equipment. He reviewed the budget for the expenditures and said award is recommended on all items including new fuel pumps. MOTION: of Goodwin,.seconded by Holton, adopting Resolution No. 1986- 96 awarding the contracts for shop furnishings and vehicle service equipment to: Borroughs of Minnesota - $30,000, Pump & Meter Service - $47,842, and Minnesota Supply Company - $7,430, for a total of $85,272. Ayes - 5 -Nays - 0. RES. 1986-96 AWARD GARAGE EQUIPMENT CONTRACTS Councilmember Humphrey said he has reviewed applications for appoint- PLANNING COM. ment to the Planning Commission and has reduced them to two. He said APPLICANTS he would like input from other members of the Council and asked them to review the applications or contact the applicants so an appointment could be made at the Council's June 12, 1986, meeting. MOTION: of Savanick, seconded by Humphrey, approving hiring the HIRE PARTTIME various parttime employees as listed in the memos from the EMPLOYEES City Administrator dated May 16, 20 and 21, 1986. Ayes - 5 - Nays - 0. The Council received Mr. Asleson's memo dated May 22, 1986, concern- COMPARABLE Comparable Worth. He said we are now advised that the study data will WORTH SEMINAR be released. Control Data will conduct a seminar that reviews the process and how to use the results. He would recommend proceeding with such a seminar for the Council as well as employees. The employees' seminar will be June 10, 1986, at 2:00 p.m. MOTION: of Goodwin, seconded by Savanick, cancelling the Council's informal meeting of June 5, 1986, and rescheduling it for 7:00 p.m. on June 3, 1986, for the purpose of a Comparable Worth seminar. Ayes - 5 - Nays - 0. SET INFORMAL MEETING Mr. Asleson said an application for an excavation permit was brought EXCAVATION in to the meeting by Commercial Excavating, Inc. The person who PERMIT brought it in left and did not pay the fee yet. Mr. Gordon said the purpose of the permit is to remove excess material from the Trunk Highway 77 construction and put it on the Simon Ranch property for future development. Mr. Kelley said a preliminary grading plan has been submitted for the property. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1986 Page 8 MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of an excavation permit for Commercial Excavating, Inc., on part of the Southwest Quarter of Section 15 subject to the Engineer reviewing the preliminary grading plan and payment of the fee. Ayes - 5 - Nays - 0. The Mayor reviewed various correspondence he had received including a letter from the Mayor of Vancouver requesting a commemorative item from the City to be displayed during their centennial. Mr. Gurban is working on a suitable item to be sent. COMMERCIAL EX- CAVATING PERMIT MAYOR'S CORRESPONDENCE MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31108, 31109, 48551 through 48620, 48622 through 48640, 48649 through 48766 and 48768 through 48770, in the total amount of $1,714,447.00. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Holton, cancelling the Council's informal meeting of June 19, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to adjourn. The meeting was adjourned at 10:53 p.m. CLAIMS & BILLS CANCEL MEETING