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HomeMy WebLinkAbout03/08/1979CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1979 Minutes of the meeting of the a City Council of Apple_Valley, Dakota County, Minnesota held March 8; 1979, at 7:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Fitzsimmons, Holton, Kelly, and Savanick (arrived at 7:04 P.m.).; Clerk Asleson. ABSENT: None. -Mayor-Garrison called the meeting to order at 7:00 P.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Fitzsimmons, seconded by Holton, approving the agenda for tonight's meeting as amended. Yes - 4 - No - O. MOTION: of Fitzsimmons, seconded by Holton, approving the minutes of meeting of February 22~ 1979 as.written; Yes - 5 - No - 0. MOTION: of Holton, seconded by Fitzsimmons, approving all items on consent agenda and tabling consideration of Building Permit for a bus shelter in the AV Center parking lot. APPROVE AGENDA ~ FEB. 22~ 1979 ~' MINUTES CONSENT AGENDA Yes - 5 - No - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Fitzsimmons, approving cigarette licenses' LICENSES AND for Apple Place, Wayne's Auto Care Center, Auto Repair Clinic, PERMITS Apple Valley GoIf Course,' Apple Valley Ballroom;' 3.2 Beer On~ Sale for~Apple Valley Golf Course and Service Station permits fo~ Wayne's Auto Care Center and Auto Repair Clinic. Yes - 5 - No -0. MOTION: of Holton, seconded by Fitzsimmons, approvingchange order No. 1 to the contract witk Fredrickson Excavating for Project 75-89(2) in the amounf of $2,835.00, as recomm~nded'~by the Engineer. Yes - 5 - No - O. ~ CHANGE ORDER PRO~. 75~89(2) RES.-1979-41A PLANS & SPECS PROJ. 78-12(1) PARTTIME PARK EMPLOYEES AUTHORIZE RECRUT. UTIL. I EMPLOYEE GRETZ - PLANNING CONFERENCE MOTION: of Holton, seconded 'by Fitzsimmons, adopting Resolution 1979- 41A approving plans and specs and authorizing receipt of bids on April 6, 1979, at 2:00 p.m. for Project 78-12(t), Apple Valley East 4th Addition utilities. Yes - 5 - No - 0. MOTION: of Holton, seconded by Fitzsimmons, approving hiring Diana Monitor as a swim instructor at $2.40 per hour; Greg Sutton as a swim instructor st $2.30 per hour; Scott Powell and Brian Moynihan as Sr. Life Instrnctors at $2.50 per hour; and Lynn Fjerstad as a Sr. Instructor 'at $2.40 per hour all effective March 12, 1979. Yes - 5 - No - 0. MOTION: MOTION: of Holton, seconded by Fitzsimmons, approving recruitment of a Utilities t employee to begin May 1, 1979. Yes - 5 ~ No' - 0. of Holton, seconded by Fitzsimmons, ·authorizing John' Gretz to attend the Minnesota Planning Association Conference in ' Brainerd, MN March 28-30, 1979. Yes - 5 - No - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1979 Page 2 Agenda Item # 5, Residents adjacent to Highway 35E wish to discuss 35E with the Council, was deleted at the request of Mr. Ed Ebach until further notice. Council member Savanick recommended that the street naming and numbering system be referred to the Urban Affairs Committee for discussion and study. The Council dis- cussed the County Grid System and the problems in the Older areas of the community that are not on the grid system. MOTION: of Savanick, seconded by Fitzsimmons to refer the street naming and numbering system to the Urban Affairs Committee for discus- sion and study indicating that it has been discussed at a City Council meeting. REFER STREET NAMING TO URBAN AFFAIRS COMMITTEE Mr. Ed Ebach, a local resident pointed out that the problem in Apple Valley is not only finding where people live, but you also need three phone books to find their name and phone number. Mr. Andy Hayes suggested that the City Council contact both Central Telephone and Northwestern Bell in an effort to have all the Apple Valley residents listed in one phone directory. VOTE ON MOTION: Yes - 5 - No - 0. John Field, representing the Apple Valley Fire Department, explained that they are pro- posing some changes in the architects drawings. The changes being proposed are two separate items. The first is the internal area of the building. They are proposing to add a window to the rear of the building and delete the window in the office area. They have shifted the assembly area and are proposing to build a wall enclosing the room at the front of the building for a work area. This will provide a more function- al work area. They are transferfng 7' in the assembly area which will allow the building to have an area where all the men can collect and have adequate room. Second, they are asking that the door height be increased from 12'8" to 13'4". The justifi- cation is primarily that one of the trucks that they hope to be using would not fit through the 12'8" door. The trend in firs trucks is towards shorter wheel base allow- ing for greater maneuverability. The truck on order is 12'4" in height. They are proposing the higher doors to avoid problems in the next 30-40 years and would like to avoid having to purchase custom-made trucks. He noted that the 13'4" door conforms to the brick heights. Mr.. Field 8ta~ed that in the research the Fire Department has done, they found the International City Manager's magazine recon~nends a 14' door height and he referred to several fire department publications and the insurance underwriters who also recommend the 14' door height. Edina has 14' doors and they do not have any problems. Lower door heights have been problems for both Minneapolis and Burnsville. They would like to avoid problems in the future. Mayor Garrison asked about the cost estimates because of the changes. Mr. Field stated that the change in door heights would add $500.00 to each building and the internal changes would add $1,300.00 per building with a total of $1,800.00 increase per building. Councilmember Holton stated that when the doors were originally cut in size it was based on information from the City of Bloomington. He stated that rather than try to reiterate past discussion, the Council has a previous resolution stating the door height and stated that it will take a new resolution to amend the previous one if these plans are acceptable to the Council. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1979 Page 3 Mr. Andy Hayes stated that ilt was-thought they may be able to save·some money by using the smaller block; is that going to be ~ problem? John Field stated that they have checked with the architect and it is not a problem, the~block size ~ilI remain the same. Mayor~ Garrison stated he.feels it~ would be a plus and would allow a man to stand erect. John Field stated .that it would make the stations more usable and convenient with the additional row of block. Councilmember Holton stated that he does not want the buildings too high because they are located in ~a residential ·area. ·John Field stated that theyare both located in~ areas where they will not likeiy be the tallest buildings. The Court behind the fire station on Galaxie is~!above the ground level and the houses will be looking down at the fire station~ ~t~ the Essex site, the Macro developers have proposed, multiple housing in the area-~o the north of the ·s~atio~ and townhouses a~d~apartments are proposed for the area to the sout~ which will·be at least as high aS the fire station building. Councilmember Holton stated that he liked Bloomington's fire stations andwants ours to look as close to those as pos~ib~e~' The Width'of the doors W~S discussed and Mr. Field sta~ed that they hav~ looked at the~wider doors, but did not fe~l they would gain that much b~ expanding the width. Councilmember Savanick~stat~d that she-doesn't feel people will distinguish the difference in one' or two feet~ Coucilmember Holton stated he is not overconcerned with the present,design, he does-feel that the previous Council's resolution and the layout it approved is somewhat better than the present proposal~ He noted that the problem in Burnsville related to the height of the door was that the truck didn't conform to specs. ' MOTION: 0f:Savanick~ seconded by Ketly to'adopt Resolution No. 1979-42 :: RESOLUTION 1979- : approving the revised preliminary design and the Resolution No. 42, AMENDING RES. 1978-141 is amended accordingly~ The two principal changes re-, 1978,t61~ FIRE late to the "floor 'area" and door height 13'4" and o~erall STATION PRE PLANS · height to 17' 5.5". Yes - 4 ' No -O (Holton abstained because ~: - he feels the first approval was good and he'-would like to see. ' - · the stations built; he hopes they look as good as we hope they do) . Councilmember Fitzsimmons stated that she would like to expedite the 'bidding process, if possible. Mr. Gretz stated that final: plans and specs will be on the next agenda. Paul Hell questioned if the entire building would be bid at the same time. Mr. Gretz stated that~ both buildings will be bid'as one project w~th everything going to one contractor. Mayor Garrison stated that the Urban Affairs Committee offered· an option for the appeals system_ to be used in the Massage Parlor Ordinance. Dorothy Regis, a member of the Urban Affairs Committee, stated that the Committee was not aware of the system that was used in past ordinances. The appeal process can be either through the City Council or through the courts system. Councilmember Fitzsimmons asked for Mr. McMenomy's opinion. He stated that the Council would make the decision to revoke the':license; chances are better than even that the Council 'isn't going to::change their mind after they have revoked the license and the court system would be used anyway, The Council appeal would be,just an extra step. Mayor Garrison questioned item D. and G~ on page.four. Mr; McMenomy :recommended the wording be changed from'must to shall~' ' ' ~ MOTION: ':of Garrison, seconded by Holton to:'approve Ordinance No. 216, · ADOP~ ORDINANCE An Ordinance Relatihg to the Licensing of Massage Parlors, NO; 216-- MASSAGE Saunas, Steam Baths or Heat Bathing Rooms, as presented using .' PARLOR ~REGULATION the Court appeals system and changing must to shall in Sect. 7, D and G. Yes - 5 - No - 0o CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1979 Page 4 MOTION: MOTION: of Fitzsimmons, seconded by Kelly to adopt Resolution No, 1979- 43, providing for participation in the National Flood Insurance Program. Yes - 5 - No - 0. of; Holton, seconded by Kelly to accept $7,200.00 from Palomino Development Corp~ for payment in lieu of sidewalks on 131st Street. Yes - 5 - No - 0. RES. 1979-43 PARTICIPATE IN FLOOD INS. PAL. HILLS SIDEWALKS - 131ST ST. Clerk Asleson stated that Palomino DeVelopment Corp. had initially taken the position that they were not going to pay anything in lieu of sidewalks on Herald Circle'; how- ever, they have recently offered to settle for $2,000.00. Mr. Asleson stated that he would recommend accepting $7;500~00 to avoid litigation.' Mr. Anderson, Palomino Development Corp., stated that they are standing firm with the $2;000.00 offer. ~There was considerable discussion regarding the requirement for sidewalksbeing included in the development agreement; Mr. Anderson's agreeing to pay for the sidewalks at a pre- vious meeting and his confusion regarding the sidewalks that were being discussed at that meeting; the feasibility of building sidewalks in the area and~the deletion of the sidewalks on Herald Circle. Mr. Anderson stated that he will take the Council's request back to the Board of Directors of Palomino Development Corp. Clerk Asleson stated that this issue will be on the agenda for the March 22, 1979 Council Meeting if Palomino so requests; if not the City will proceed as previously authorized. The Councilmembers agreed. (Councilmember Holton left the room at this time.) Mayor Garrison called the public hearing to order at 8:00 p.m. on Project 79-5, Essex Avenue Street improvements west of Pilot Knob Road, and noted the affidavit of publi- cation has been received. Robert Rosene reviewed the proposed improvements. The Mayor asked for questions from the audience. Dr. Bergquist, representing School Dis- trict 196 stated that he has met with the staff and the proposed improvements are in accordance with the needs that the school district will have. There being no other public con~nents the public hearing was closed at 8:10 p.ml MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. 1979-44 ordering Project 79-5, Essex Avenue street improvements west of Pilot Knob Road. Yes - 4 - No - 0. RES. 1979-44 PROJ, 79-5 RES. 1979-45 PROJ. 79-5 PLANS & SPECS MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. 1979-45, directing the Engineer to prepare plans and specifi- cations for Project 79-5,~Essex Avenue street improvements~'west of Pilot Knob Road. Yes - 4 - No - 0. (Councilmember Holton returned to the Council Chambers.) Mayor Garrison called the public hearing to order at 8:15 p.m. on Project 79-4, 145th Street improvements east of Cedar Avenue, and noted the. affidavid of publication has been received. Robert Rosene reViewed the proposed improvements. The Mayor asked for questions from the audience. Mr. James Heidemann, an adjacent property owner, asked if it is a 60' right-of-way and if the sidewalk is within the street right-of- way. Mr. Rosene stated that the 60' will be coming off of the property to the rear of his property. It is a 32' wide street. The right-of-way to the'north will be 30'. Mr, Heidemann asked if storm sewer would be included. Mr. Rosene stated that the storm sewer is not a part of this improvement; Cedar Avenue does have problems, however CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1979 Page 5 it will be upgraded soon.~ Clerk Asleson~stated that two properties are involved in this project that will be assessed; they are the Alliance Churdh and the Heidemann's. Mr. Heidemann asked if he will be assessed for the east side also? Mr, Asleson stated that they usually work with a larger piece of property than Mr. Heidemann's. ~he costs are assessed on a front foot basis. Me recommended that the Council address corner lots allowances at assessment time. Mr. Rosene stated that he will work with the Clerk as far as a fair assessment. Mr. Heidemann asked why the people around him aren't paying for the street. Mr. Asleson stated that the people in Valley South don't share in the cost because the other parcels didn't share in the cost of the streets in Valley South. · ~ ~ Councilmember Savanick~ asked Clerk Asleson to explain how streets are assessed in Apple Valley and Mr. Aslaeson explained the city's Street assessment policies. There being no other public comments, the public hearing was closed at 8:35 p.m. MOTION: of Holton, ~seconded by Kelly, adopting Resolution No. 1979-46 RES. 1979-46 ordering Project 79-4, 145th Street street improvements east of PROJ. 79-4 Cedar Avenue, Yes -'~5 - No'- 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- RES. 1979-47 47 directing the Engineer to prepare plans and Specifications for PROJ. 79-4 Project 79-4, 145th Street street improvements east of Cedar PLANS & SPECS - Avenue. Yes - 5 - No - 0. Rick Kelley, Planning Assistant, reviewed the proposal. Mr. Dolan, representing the petitioner, asked if there were any questions and gave background on the area. He stated that their attorney suggested that a restriction be included in the development agree- ment regarding the B-1 area to the.north rather than a deed restriction. Councilmember Savanickquestioned zoning the area north of the church B-1 and recom- mended that that area be either M-4 or I,~ She feels the City fs get'ting inundated with business along Cedar Avenue. She is also opposed to the rezoning the three hemes south of the church at this time. Mayor Garrison stated that if the Council is looking for major. changes in the proposal it should be referred back to the Planning Commission. Clerk Aslason pointed out that~the property north of the church is presently zoned B'i. Me stated one reason for retaining the B-1 zoning in that area would be noise require- mentsafter Cedar Avenue is upgraded. Councilmember Savanick stated that would be a good argument to have business extend the entiretength of Cedar Avenue. The Comprehensive Plan doe~ n~show business on both'sides up and do~eaCedar Avenue. Mr. Dolan explained that there are two factors which explain thelB-1 north of the church; first the property is directly across from the large church parking lot and second that a tremendous grade change exists between the area proposed for B-1 and the area proposed for M-4. The petitioner has agreed~that ithey will build onlyan office and a day car~ center ~i~ ~his location. ' ~ ' '~' '" MOTION: of HOlton; seconded~by Fitzsimmons, passing Ordinanc~!~No 217 '~ORD. NO. 217 ~rezoning the property situatedwest of Cedar Avenue at 143rd REZONING BORNELL Street per thelegal descriptioncontained in the Ordinance. '~& BARTH DEV. AREA Councilmember Fitzsimmons questioned that a conflict~might arise ih the' future and re- ferred tothe parcel to the south. Planning Commission Chairman Mike Chulyak explained that the philosophy hasbeen .to provide multiple for the buffer between commercial and CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1979 Page 6 resident~ial; the area south of City Hall that is being requested as business would be adjacent to single family. Andy Hayes questioned the rezoning of the present home~ steads and also where the business zoning will stop. Mike Chulyak stated that the line was drawn prior to this point and the B-1 extended to 142nd Street; he sees no reason to change it at this time. VOTE ON MOTION: Yes - 4 - No - 1 (Savanick). MOTION: of Holton, seconded by Fitzsimmons, approving the preliminary PRELIM. PLAT plat of BOR-NEL as recommended by the Planning Commission and BOR-NEL PROP. requiring the petitioner to supply the City with an option for one (1) street easement to provide for the single family area along Cedar Avenue, and directing staff to prepare a development agreement. Yes - 5 - No - 0. MOTION: of Holton, seconded by Fitzsimmons, approving the preliminary plat of Barth Development as recommended by the Planning Com- mission, requiring the petitioner to supply the City with an option for one (1) street easement to provide for eventual access needs for the property to the north and directing staff to prepare a development agreement. PRELIM. PLAT FOR BARTH DEVELOPMENT Councilmember Savanick stated that it should be included in the development agreement that they won't attempt to put a building on the corner south of the pipline. VOTE ON MOTION: Yes - 4 - No - 1 (Savanick). John Gretz, Community Development Director, reviewed Cedar Avenue and County Road 42 access plans related to future improvements to these roads. Mr. Gretz stated that the information is being reviewed so that the Council is aware of the direction that is being taken at this point and Staff will continue unless the Council sees some diffi- culties. There was some concern expressed about the farmsteads access along County Road # 42. Councilmember Savanick suggested that Staff should investigate the possibility of allowing U-turns. Mr. Ed Ebach commented on the need for the ramps at Palomino Drive. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979-48, awarding the contract for Project 78-11(1), Carroll- wood Fourth Addn. and Sherman Heights sewer and water improve- ments, to Encon Utilities, the low bidder, in the amount of $161,525.00 Yes - 5 - No - 0. RES. 1979-48 AWARD PROJ. 78.- I1(1) ~ CONTRAC~ Ed McMenomy, City Attorney, sta~ed that Mr. Asleson has information that the Public Official Liability Indemnification is being provided in other communities. The indem- nification can be provided through a resolution. He explained that the amount of $1,000.00 is the deductible amount provided for in the City's Public Official Liability Policy. Mr. McMenomy explained the policy being retroactive~to correspond with the Public Official Policy. Councilmember Holton staled that there would be no premium payment; the City is taking the risk in that amount. A member of the audience asked how much the City will be liable in back claims. Councilmember Holton stated that there are none at this time. Clerk Asleson stated that this was referred to Jim Sheldon in December of 1978 after a discussion at a Dakota League of Municipalities meeting. He noted the revisions made in the resolution. CITY OF APPLE VALLEY Dakota County~ Minnesota March 8, 1979 Page 7 MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979-49, establishing Public Official Liability Indemnification. Yes - 5 - No - 0. RES. 1979-49 PUBLIC OFFICIALS LIABILITY INDEMN. AUTHORIZE RECRUT. SECRETARY RES. 1979-50 AUTHORIZATION FOR SPECIAL FEDERAL CENSUS MOTION: of Fitzsimmons, seconded by Savanick, approving recruitment of a Secretary as a replacement in the Administration Department. Yes - 5 - No - 0. MOTION: of Garrison, seconded by Holton, Adopting Resolution No. 1979- 50, Authorization for a Special Federal Census and authorizing the City Clerk and Mayor to execute a contract with'the United States Department of Commerce. Yes - 5 - No - 0. MOTION: of Holton, seconded by Kelly, approving a variance for Lot 3, Block 3 of Apple Valley Third Addition as recommended by the Planning Commission. Yes - 5 - No - 0. VARIANCE, LOT 3 BLOCK 3, AV 3RD MOTION: of Holton, seconded by Kelly, accepting the resignation of Lyle Olson, Golf Course Superintendent. Yes - 5 - No - 0. ACCEPT. RESIGN. LYLE OLSON Councilmember Fitzsimmons stated that the Historical Committee is aware of some philan- thropic funds that are available from a bank in the area for civic uses. They would like to pursue funds for a type of display case in the City Hall and wished to appraise the Council. The Council was in agreement with the pursuit of these funds. Mayor Garrison reported on the appointments of the high school students to the Apple Valley Committees and Commissions. He will keep the Council appraised of the situation. Councilmember Kelly gave a brief report on her recent trip to Washington, D.C. to the Legislative Convention and will prepare a written report and place it in the reading file. Clerk Asleson gave a report on the State Legislative Conference which he attended and explained different areas that were covered at that conference. MOTION: of Holton, seconded by Fitzsimmons, to pay claims and bills, numbered 6910 through 6917 and 12012 through 12163, in the total amount of $270,661.47. Yes - 5 - No - 0. CLAIMS & BILLS MOTION: of Fitzsimmons, seconded by Holton, to adjourn. Yes - 5 - No - 0. The meeting was adjourned at 10:05 p.m.