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HomeMy WebLinkAbout10/23/1986CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 23rd, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Asleson, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, City Planner Kelley, Assistant Administrator Lawell, and Police Chief Rivers. Mayor Branning called the meeting to order at 8:04 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 tonightfs meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA EAGAN SEWER J.P. AGREEMENT R & W REFUSE COLLECTION LIC. CHANGE ORDER 7 EQUIP. STORAGE BUILDING FINAL PAYMENT PROJ. 86-258 CHANGE ORDER 2 PROJ. 86-253 LAC LAVON 4TH MOTION: of Holton, seconded by Goodwin, adding the agreement with Eagan 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 Goodwin, approving a Joint Powers Agreement with the City of Eagan to provide sanitary sewer service to approximately 117 acres at the north boundary of Apple Valley, along Galaxie Avenue, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays -0. MOTION of Holton, seconded by Goodwin, approving a 1986 license to collect refuse in the City for R & W Roll-Off Service, Inc. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Goodwin, approving Change Order No. 7, amending Change Order No. 6, to the contract with Balco Building Systems, Inc., for the Equipment Storage Building in the amount of a $1,908.00 deduction. Ayes ~ 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 86-258, Morningview Street Improvements, as final and authorizing final payment on the contract with Alexander Construction in the amount of $40,658.47. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract with Arcon Construction for Project 86-253~ Lac Lavon 2nd and 3rd Addition Improvements, in the amount of an additional $35,793.40 for Lac Lavon 4th Addition. Ayes - 5 - Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1986 Page 2 MOTION: of Holton, seconded by Goodwin, authorizing Mike Young, of the Cable TV Committee, to attend the N.F.L.C.P. conference in Eau Claire, Wisconsin, from October 31 to November 2, 1986. Ayes ~ 5 h Nays - 0. YOUNG CABLE TV CONF. ATTENDANCE HIRE PARTTIME EMPLOYEES OCT. 9, 1986 MINUTES MOTION: of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the City Administrator,s memo dated October 16, 1986. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of October 9th, 1986, as written. Ayes - 5 - Nays - O. Mayor Branning asked if anyone was present as this time to address the AUDIENCE DISCN. Council at this time on any item not on this meeting's agenda. Luann REQUEST FOR "NO Vevea, 7202 West 146th Street, distributed copies of a petition to the TRUCK ROUTE" Council requesting "No Truck Route" signage on residential streets SIGNAGE north of 147th Street, between Cedar and Galaxie Avenues. She also requested a yield or stop sign at the intersection of 146th Street and Garrett Avenue. She said most of the truck traffic is from Minnehaha Falls Nursery traveling to its property to the east and vendors making deliveries to Apple Valley Health Care Center. Mayor Branning asked staff to review whether such signage could be installed and report back to the Council at its meeting of November 25, 1986. Mr. Asleson distributed a draft resolution concerning the resignation of Betty Abbott. The Mayor then read the resolution. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1986-224 thanking Betty Abbott for her more than 12 years of service to the City and declaring October 24, 1986, "Betty Abbott Recognition Day". Ayes - 5 - Nays - 0. RES. 1986-224 BETTY ABBOTT RECOGNITION Mayor Branning called the public hearing to order at 8:15 p.m. on PUBLIC HEARING street lighting in Palomino Lakeside Estates and noted receipt of the PAL. LAKESIDE affidavit of publication of the hearing notice. The City Clerk re- ESTATES STREET viewed her memo dated October 20, 1986, advising two street lights LIGHTING would be required and the cost added to the quarterly utility bills of the nine lots in the subdivision. Owners of eight of the lots signed a petition requesting the lights. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:16 p.m. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1986-225 ordering installation of residential street lighting in Palomino Lakeside Estates pursuant to City Code Chapter 18 with payment therefor as provided in City Code Section 18-4. Ayes - 5 - Nays -0. RES. 1986-225 ORDER STREET LIGHTS CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1986 Page 3 Mayor Branning called the public hearing to order at 8:17 p.m. to con- PUBLIC HEARING sider 1986 Special Assessment Rolls 213 through 220 and noted receipt 1986 ASSESSMENTS of the affidavit of publication of the hearing notice. Mr. Asleson distributed a memo dated October 23, 1986, concerning corrections to the assessments for a revised total of $3,224,712.00. Each of the rolls was then reviewed and the Mayor asked for questions, comments or objections. Marvin Schumann, owner of parcel number 01-03200-010-77, was present and said his property is classified "green acres" and asked how the assessment will affect him. Mr. Asleson said the $8,821.00 proposed to be levied on Roll 218 is being deleted for 1986 on his property because the project is not complete. In will be levied in 1987 as will assessments for Lac Lavon Shores 2nd and 4th Additions. Mr. Andrew Volstad, representing Nordic Properties, was present but had no comments. The Mayor asked for further questions or comments. There were none and the hearing was declared closed at 8:26 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986-226 adopting Special Assessment Rolls 213 through 220 in the revised amount of $3,224,712.00 and establishing the terms of payment therefor. Ayes - 5 - Nays - 0. RES. 1986-226 ADOPT 1986 ASSESSMENTS The Council received a letter dated October 15, 1986, from residents CEDAR PIAZA adjacent to the proposed Cedar Plaza development at 140th and Cedar PROPOSED requesting clarification of the Councilts September 11, 1986, action. DEVELOPMENT Tom Stuebe, representing the residents, was present and said they would like to know if the Council will postpone a decision until the Comprehensive Plan is reviewed 'if the developer resubmits his petition. They would ask that the Council defer action on it. Mayor Branning said it would be premature for the Council to address this until a request for consideration is received from the petitioner. Mr. Sheldon said the Council would not have a basis to make such a decision until the petitioner requests action. Councilmember Savanick asked if the building moratorium would apply? Councilmember Holton said this property is not included in the moratorium area and the moratorium applies only to construction standards. The May0r said there is no action that can be taken at this time; however, the residents would be advised if a request for action comes before the Council. MOTION: of Holton, seconded by Goodwin, approving the revised pre- SUMMERFIELD liminary plat for Summerfield, allowing for internal street PRELIM. PLAT access to a five-acre parcel on the east side, and directing Staff to prepare a development agreement. Mr. Kelley reviewed the revised plat, directed by the Council at its October 9, 1986, meeting, which provides access to the five-acre parcel and a connection to 140th Street farther west from the County Road 33 intersection. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1986 Page 4 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1986-227 approving the final plat and development agreement for Delaney Park Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1986-227 DELANEY PARK 2ND FINAL PLAT RES. 1986-228 TEMPORARY PLAT WAIVER DEIANEY 2ND PROPERTY MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1986-228 granting a temporary waiver of platting for part of Outlot H, Trans Union 1st Addition, to allow title transfer, on a metes and bounds basis, for Delaney Park Second Addition property prior to filing the plat. Ayes - 5 ~ Nays - 0. Mr. Lawell reviewed his memo dated October 20, 1986, concerning the MWCC PROPOSED Metropolitan Waste Control Commission's proposal to revise the Sewer REVISED SAC Availability Charge (SAG). All development in the seven county area has been required to pay a SAC charge, whether or not sewer service was available, to pay the capital cost of the system. It is proposed to change the policy and charge new development only if sewer service will be available in 12 months. Further, refund of SAC payments to property which has paid it, but does not have sewer available would be made retroactive to 1973. It is recommended that a change in policy not contain the retroactive refund nor the 12-month availability requirement. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 229 opposing the proposed Metropolitan Waste Control Commis- sion Sewer Availability Charge revisions including the retroactive refund program. Ayes - 5 - Nays - O. RES. 1986-229 OPPOSE MWCC REVISION Mr. Sheldon advised the Council that Valleywood Golf Course partici- VALLEYWOOD COU- pared in the "Happenings" coupon books in previous years, but in June PON LITIGATION 1984 advised the publisher it would not participate in the 1985-86 book. This was confirmed in writing, however, the book was published including Valleywood. It was determined that acceptance of the coupons was necessary for public relations reasons and reimbursement from the publisher, Lee Williams, has been requested. In order to pursue reimbursement of approximately $5,400, Mr. Sheldon advised the Council it would be necessary to proceed with litigation. MOTION: of Savanick, seconded by Goodwin, authorizing the City Attorney to proceed with litigation against Lee Williams, publisher of "Happenings", for reimbursement of $5,400 for Valleywood Golf Course. "HAPPENINGS" LITIGATION Councilmember Humphrey said he does not believe such a suit is necessary or worth the time and effort to pursue. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Humphrey) Mr. Gordon reviewed the tabulations of bids received today. Due to addition errors, the correct low bidder for Project 86-251 is Ceca Utilities in the amount of $422,447.81 and for Project 86-257 is J. P. Norex in the amount of $422,401.63. BID TABULATION CORRECTIONS CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1986 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 230 awarding the contract for Project 86-251, Eagle Ridge Improvements, to Ceca Utilities, the low bidder, in the amount of $422,447.81. Ayes - 5 - Nays - 0. RES. 1986-230 AWARD CONTRACT PROJ. 86-251 RES. 1986-231 AWARD CONTRACT PROJ. 86-257 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 231 awarding the contract for Project 86-257, Fischer Pond Construction, to J. P. Norex, the low bidder, in the amount of $422,401.63. Ayes - 5 - Nays - 0. Mr. Asleson reviewed proposed 1987-88 legislative policies of the Association of Metropolitan Municipalities with the Council. They will be adopted at the AMM's meeting on November 6, 1986, which he will attend. MOTION: of Holton, seconded by Goodwin, supporting the proposed 1987- 88 Association of Metropolitan Municipalities Legislative Policies except "A-5, Meet and Confer" because it is not necessary and "Fiscal Disparities" because reducing the con- tribution would negate the purpose of equalizing tax rates throughout the metropolitan area. Ayes - 5 - Nays - 0. 1987-88 AMM LEGISLATIVE POLICIES REGHTZIGEL STORM DRAINAGE CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, authorizing the Adminis- trator to send a letter dated October 24, 1986, to Frank Rechtzigel concerning storm water drainage on his property and expressing terms of payment should crop damage result. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 31122, 31123, 51255 through 51281, 51283 through 51312, 51314 through 51344, 51353 through 51475 and 51485 through 51498, in the total amount of $5,356,374.90. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:32 o'clock p.m.