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HomeMy WebLinkAbout09/25/1986CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 25th, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 8:04 p.m.) ABSENT: None. City staff members present were: City Administrator Asleson, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Lieutenant Erickson, Community Development Director Gretz, City Planner Kelley, Assistant Administrator Lawell, and Parks Maintenance Supervisor Wahl. 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 Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA SUBDIVISION BOND REDUCTIONS POLICE COMPUTER EXPENDITURE RES. 1986-198 DESIGNATE VOTING DELEGATES CEDAR KNOLLS CONST. ACCESS AGREEMENT MEYER FULLTIME DISPATCHER MOTION of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays ~ O. CONSENT AGENDA ITEMS MOTION of Holton, seconded by Goodwin, approving reduction of subdivision financial guarantees as follows: Emerald Point from $22,000 to $6,700; Valley Way Village 2nd Addition from $44,000 to $26,100; and Valley Way Village 4th Addition from $1,875 to $1,000. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, authorizing the expenditure of $14,350.00 related to Police Department computer items. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1986- 198 designating voting delegates and alternates for the City at various organization and association meetings as follows: Mayor, Acting Mayor, City Administrator, any other Elected Official. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving a License and Use Agreement with NHD-Cedar Knolls Associates Limited Partner- ship for construction access to property for Project 85-213, Cedar Knolls Pond Outlet, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the reclassifica- tion of Patricia Meyer from regular parttime to fulltime Police Dispatcher effective September 26, 1986. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1986 Page 2 MOTION: of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the memo from the City Administrator dated September 22, 1986. Ayes - 4 - Nays -0. HIRE PARTTIME EMPLOYEES MOELLER PARK FOR SCOTT NIGH- LANDS PRACTICES SEPT. 11, 1986 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Goodwin, authorizing Scott Highlands Middle School teams to use Moeller Park for practice on weekdays, from 3:30 to 4:30 p.m., from September 19 to October 23, 1986. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Councilmember Savanick attended at this time. MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of September 11, 1986, as written. Ayes - 5 ~ Nays - 0. Mayor Branning asked if anyone was present at this time to address the Council on any item not on this meeting's agenda. There was no one present to speak. Mayor Branning called the public hearing to order at 8:05 p.m. on PUBLIC HEARING Project 86-255, 130th Street Utilities, including trunk improvements PROJ. 86-255 for Woodside Estates, and noted receipt of the affidavit of publica- tion of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated August 21, 1986. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:07 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 199 ordering installation of Project 86~255, 130th Street Utilities (Woodside Estates Trunks). Ayes - 5 - Nays - O. RES. 1986-199 ORDER PROJ. 86-255 RES. 1986-200 PLANS & SPECS. PROJ. 86-255 ORDINANCE 368 CATTERY PERMITS CATTERY PERMIT 8596 W. 134TH ST MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-200 directing the Engineer to prepare plans and specifications for Project 86-255. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 368 amending City Code Chapter 5 to provide for issuance of cattery permits for keeping more three and fewer than seven adult cats. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving a cattery permit, expiring December 31, 1986, for Nancy Barlaw, at 8596 West 134th Street, to keep six adult cats. Ayes - 5 - Nays -0. Jackie Zschokke, of the Minnesota Valley Humane Society, was present MINN. VALLEY to describe their proposal to construct and operate an animal shelter HUMANE SOCIETY in the County. The Society was established in 1981 and they have been SHELTER PROPOSAL working to increase public awareness of animal welfare. The 9,200 square foot shelter they are proposing is modeled after Anoka County's and information from that operation has been used for their cost estimates. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1986 Page 3 Ms. Zschokke said they are requesting funding from cities in the County, as permitted by State law of up to $.50 per capita, and will continue to solicit direct donations from the public. They are requesting land for a site from the County. Presentations will be made to Burnsvilte and Eagan in early October. Mr. Asleson asked if the facility would charge the City for animals brought to it? Ms. Zschokke said such facilities usually make a contractual agreement with a city for animal services and determine the fee. Mayor Branning said after these presentations have been made to other cities the cities will discuss the proposal jointly. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 201 receiving a petition and setting a public hearing on installation of residential street lighting in Palomino Lake- side Estates, pursuant to City Code Section 18-2. Ayes - 5 - Nays - 0. RES. 1986-201 SET STREET LIGHT HEARING RES. 1986-202 LANDFILL ABATE- MENT FUNDING MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986-202 authorizing application to Dakota County for 1987 Landfill Abatement funding in the amount of $8,956.00 for continued operation of a Goodwill attended recycling center and yard waste composting operation. Ms. Del Edwards, of Goodwill Industries, was present and said the funds will be used to continue the joint recycling operation of the Cities of Apple Valley, Lakeville and Rosemount. They would like a more visible site, similar to the one used in Burnsville, to increase usage and are exploring rotating sites in each of the three cities. Ms. Edwards said a possible site in Apple Valley is Menards because the site needs enough room and traffic accommodation. No decision has been made yet and approval by the cities would be requested if this is going to be done. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, accepting 120th Street in 120TH STREET Beckman's First Addition as a public street for City MAINTENANCE maintenance. Lester Beckman said property owners in the subdivision are again asking for City maintenance of 120th Street. They were advised in 1985 that if the street were improved to City standards, maintenance could be considered and this has been done. Jerry Wortman, a resident, concurred and said that is their request. Councilmember Goodwin said the development agreement for this subdivision provided that the road would be private. It is similar to townhouse developments which have private roads and are maintained by homeowners' associations. A resident asked if there is a precedent for a single family area with a private street? Mr. Gretz said Embry Path, in the Ross Addition, is such a street. The Mayor and Councilmember Humphrey referred to conditions under which this subdivision was approved. The 1,600-foot cul de sac was allowed because it was intended to be a private road and the area would never be served with municipal services. Councilmember Savanick said the issue is it was agreed the road would remain private because it is not feasible to provide services and that has not changed. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1986 Page 4 Councilmember Goodwin asked if the homeowners were aware the street was private when they purchased their lots? Mr. Beckman said they were required to joint the homeowners association and that provides for maintenance. MOTION: of Holton, seconded by Savanick, calling for a vote on the motion Ayes 4 - Nays - 1 (Hdmphrey). CALL FOR VOTE Roll call vote was taken on the motion: Goodwin - Nay, Holton - Nay, Branning - Nay, Savanick - Nay, Humphrey - Nay. Motion Failed. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1986-203 approving specifications for a Telephone Communi- cation System for the City and authorizing advertising for bids to be received at 2:00 p.m. on October 21, 1986. RES. 1986-203 TELEPHONE SYSTEM SPECS. & BIDS Mr. Jack Hart, of Hart & Associates, consultant retained by the City to assist in the acquisition process, was present and reviewed the specifications with the Council. The specifications are structured so the PBX, cabling and telephone instrmnents can be considered separately. Direct inward dialing will be accommodated and decisions on its implementation will be considered when bids are received. Vote was taken on the motion. Ayes - 5 ~ Nays -0. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 369 rezoning the Metropolitan Waste Control Commission lift sta- tion site at the northeast corner of Cedar Avenue and 160th Street from Agriculture to Institutional as recommended by the Planning Commission. ORDINANCE 369 REZONE MWCC LIFT STATION Councilmember Savanick asked how the remaining property southwest of pipeline easement can be used? Mr. Gretz said it can be included as a buffer for future development or for a parking area. John Burke, Attorney for the Commission, and the Engineer were present and reviewed the building plans. Mayor Branning said he would prefer brick exterior in addition to the roofline shown on the plans. Councilmember Humphrey said he would like to see some special plantings or landscaping on the site since it is on a major road. He asked if a garden club could be permitted to do some of these? Mr. Burke said yes and they would encourage it. Councilmember Humphrey asked whether a "park and ride" site could be practically considered? Mr. Gretz said access would be from 160th Street and the Metropolitan Transit Commission could be approached with the idea. Vote was taken on the motion. Ayes - 5 - Nays -0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 204 approving the preliminary and final plat of Apple Valley Station, as recommended by the Planning Commission, and auth- orizing the Mayor and Clerk to sign the same and authorizing issuance of a building permit for the Metropolitan Waste Control Commission lift station with a brick exterior. Ayes - 5 - Nays - 0. RES. 1986-204 FINAL PLAT & BLDG. PERMIT A.V. STATION CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1986 Page 5 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1986-205 approving the final plat and development agreement for Timberwick Eighth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1986-205 FINAL PLAT TIMBERWICK 8TH EAGLE RIDGE ESTATES PLAT MOTION: of Goodwin, seconded by Humphrey, approving the final plat and development agreement for Eagle Ridge Estates and auth- orizing the Mayor and Clerk to sign the same. Mr. Gretz said this preliminary plat was originally called Argus Woods and a decision has not been made on ending a street in a cul de sac or extending it south to the edge of the Scott property. An option would be to grade a cul de sac area and require the developer to deposit funds to provide for completion of the street over Lot 1, Block 5, to the edge of the plat. If the Council agrees with this option, he would request tabling action to complete the language. To facilitate title transfer, a temporary waiver of platting would be requested at this time. Agnes, Will and Lois Scott were present and said they would object to anything that would terminate access to their property from the Cedar Avenue service drive. They do not know what type of development they may want to have on their property, but do not want to pay for further road construction. They also objected to the fact that they did not receive proper notice of the Planning Commission hearing on the plat. MOTION: of Humphrey, seconded by Goodwin, table consideration of Eagle Ridge Estates plat until October 9, 1986. Ayes - 3 - Nays - 1 (Savanick) - Holton Abstained. TABLE PLAT Mayor Branning asked the City Attorney about the question of proper notice to the Scotts. Mr. Sheldon said if proper procedures are followed and notice is given, it is presumed to be received. The law also provides that failure to give notice does not invalidate proceedings. Action has been taken to correct any omitted names because the Scotts have since been given notice. Agnes Scott distributed a letter to the Council stating the Scotts do not want their property included in the plat. It was noted this property is not included, the only item being discussed is whether access should be provided for it. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-206 granting a temporary waiver of platting for property in part of Section 22 to be platted as Eagle Ridge Estates. RES. 1986-206 TEMPORARY PLAT WAIVER Mr. John O'Neil, one of the property owners, was present and said he was advised that if improvements are installed for the part of the property being developed, assessments will also be levied against the balance of it and they disagree. Mr. Gretz said im- provements necessary to develop part of the property require trunk improvements which will benefit the entire property. The trunks are a one-time area charge which all property in the City pays. When the balance of the property develops, it would only be assessed for laterals. Mr. Asleson said because of timing, assessments would not be levied until 1987 and the first installment payable in 1988. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1986 Page 6 MOTION: of Goodwin, seconded by Holton, granting a special use permit for Douglas Casserly, d/b/a Holiday Pack N' Shop, for a tem- porary trailer at 7520 West 149th Street from October 24, 1986, to January 17, 1987. PACKAGE SERVICE TEMPORARY USE Mr. Casserly was present to explain his request to locate a trailer at Applo Valley Center for packaging services during the holidays. Mayor Branning said he does not believe this type of temporary use should be allowed in the parking lot when it could be done inside a building. Mr. Casserly said he does not want to invest in it as a year around business because he is not sure if that would be profitable. Councilmember Goodwin asked if Mr. Casserly had surveyed merchants in the area to determine if there is a need for this service? Mr. Casserly said no. Councilmember H~nphrey said many other businesses are seasonal in nature and operate in buildings. Vote was taken on the motion. Ayes - 1 (Goodwin) - Nays - 4. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-207 awarding the contract for Eastern Athletic Complex Site Grading and Utilities to D.L.R. Construction Co., Inc., the low bidder, in the amount of $220,975.00. RES. 1986-207 AWARD CONTRACT ATHLETIC COMPLEX Mr. Tim Erkkila, of Westwood Engineering, was present and said his company has had experience with D.L.R. Construction and he would recommend awarding the contract. His company will be providing staking and an inspector on site at least twice a day. There is a winter completion date for part of the work with final completion June 15, 1987. The Mayor noted this was a very good bid, however expressed concern about completing it on schedule. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-208 approving plans and specifications for Project 86- 251, Eagle Ridge Estates (Argus Woods) Improvements and authorizing advertising for bids to be received at 2:00 p.m. on October 23, 1986. (Councilmember Holton was out of the room during this time.) Ayes - 4 - Nays - O. RES. 1986-208 PLANS & BIDS PROJ. 86-251 RES. 1986-209 PLANS & BIDS PROJ. 86-257 RES. 1986-210 SET ASSESSMENT ROLL HEARING MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1986-209 approving plans and specifications for Project 86- 257, Fischer Storm Sewer Pond Construction, and authorizing advertising for bids to be received at 2:00 p.m. on October 23, 1986. Ayes - 5 - Nays ~ O. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1986-210 approving proposed Special Assessment Rolls No. 213 through 220 in the total amount of $3,635,756 and setting a public hearing on them at 8:00 p.m. on October 23, 1986. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1986 Page 7 MOTION: of Goodwin, seconded by Savanick, appointing Lynn Miller and Charlie Maus to the Park Committee to fill vacancies for terms expiring March 1, 1987. Ayes - 5 - Nays - 0. PARK COMMITTEE APPOINTMENTS SET SPECIAL MEETING RES. 1986-211 DISBURSE FUNDS AV BUSINESS CTR MET COUNCIL MEETING CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwin, setting a special meeting at 8:00 p.m. on October 2, 1986,' to consider the Northrup- Conklin plat and such other business as may come before the Council. Ayes - 5 - Nays -0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986-211 determining compliance with the agreement for Apple Valley Business Center, specifying a commencement date of October 1, 1986, and authorizing disbursement of $203,322 to AVIP by the City. Ayes - 5 - Nays - 0. Mr. Asleson advised the Council that the Metropolitan Council Chair will be holding a meeting on October 10, 1986, at 7:30 a.m. in Rose- mount for this area. Councilmembers Goodwin, Holton and Savanick and Mr. Asleson will attend. MOTION: of Savanick, seconded by Humphrey, to pay the claims and bills, checks numbered 31119, 50739 through 50841, 50851 through 50858, 50860 through 51001 and 51003 through 51004, in the total amount of $1,563,881.14. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, to adjourn. Ayes - 5 - Nays ~0. The meeting was adjourned at 11:10 o'clock p.m.