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HomeMy WebLinkAbout05/22/1979CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held May 22nd, 1979, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Fitzsimmons, Holton, Kelly and Savanick; Clerk Asleson. ABSENT: None Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Fitzsimmons, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MAY 10, 1979 MINUTES CONSENT AGENDA RES. 1979-79 TO 1979-83 ACADEMY VILLAGE NOTES PRELIM. REPORT WHITE OAK RIDGE IMPROVEMENTS HUD REQUEST ON CARROLLWOOD APARTMENTS HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the meeting of May 10th, 1979, as corrected. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adding Academy Village bond resolutions and Lemon Tree Softball Team transient merchant li- cense to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes -- 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, seconded by Holton, adopting Resolutions No. 1979- 79 through 1979-83 approving Academy Village Commercial Develop- ment Notes numbered 15 through 19, respectively, and authorizing the Mayor and Clerk to execute the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, directing the City Engineer to prepare a preliminary report on the feasibility of installing sewer, storm sewer and streets in White Oak Ridge Addition. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, directing the Mayor to send a letter to HUD requesting additional information on the application of Carrollwood Properties for 44 units of Section 8 subsidized housing located west of Pennock between 140th and 142nd Streets. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving hiring seasonal re- creation, gymnastics and maintenance personnel as i~sted in the memo from Michael Bassett dated May 18, 1979. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving hiring Robert Berg HIRE BERG for the position of Utilities I effective June 1, 1979, at a salary UTILITIES I of $1,116 per month. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton~ approving a transient merchant LEMON TREE license for Lemon Tree Softball Team to sell concessions at a tour- TRANS. MERC. LIC nament June 2 and 3, 1979, at Westview. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1979 Page 2 The Council received a proposal from Ray Fischer and Leonard Gasparre for commercial development revenue financing in the amount of $1,900,00 for two 42-unit apartment buildings to be located east of Cedar Avenue and generally north of Minnehaha Falls Nursery. The Mayor said the Council has not reviewed the proposal yet nor received a recommendation from the Planning Commission on it. He also said the Council is not in a position to discuss financing when it does not have the details of the proposal. The Council discussed establishing a policy on handling requests for this type of financing. MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution RES. 1979-84 No. 1979-84 establishing a policy that before requests for POLICY ON IND. preliminary resolutions under Minnesota Statutes Chapter 474 ' REVENUE BOND will be considered by the Council~ the property must be pro- PROCEEDINGS perly zoned for the use and the preliminary plat and building permit must be approved. Ayes - 5 - Nays - 0. Consideration of the Fischer-Gasparre request for financing was held until the proposal complies with the above resolution. Harold Skjelbostad and Robert Lambert of InterDesign, Inc., were present to discuss a contract for consultant services on the park bond construction program. The contract fees are based on percentages of construction with the total not to exceed $68,860. Councilmember Holton said he feels the contract fees are excessive and would like to renegotiate. Mike Bassett said different firms had been interviewed and all the fees were comparable and based on percentages. Councilmember Kelly asked about taking sealed bids for this contract. Mr. Asleson said these kinds of services are the ex- ception from State bidding requirements and it would be very difficult to draft specifications from which to take bids. MOTION: of Fitzsimmons, seconded by Savanick, approving the contract INTERDESIGN with InterDesign, Inc., for park construction consultant set- PARK CONTRACT vices as amended in the memo dated May 22, 1979, and author- izing the Mayor and Clerk to sign it. Ayes - 4 - Nays - 1 (Holton) MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1979-85 awarding construction of Fire Stations No. 2 and No. 3 including alternates 2 and 4 to Langer Construction Company, the low bidder, in the total amount of $356,350. RES. 1979-85 AWART FIRE STN CONTRACT Councilmember Holton said any money remaining from the bond proceeds after construction of the fire stations should be used to reimburse the Liquor Fund for the site prepara- tion work. Vote taken on the motion. Ayes - 5 - Nays - 0. The Council received a report from the Postal Advisory Committee. Gloria Deters, Tom Silver and Dr. Robert Blomquist, members of the Committee, were present and said Postal Officials should be ready to select a site for a Post Office in Apple Valley by late this summer. Councilmember Savanick asked whether the City could gets commitment on construction? Mayor Garrison said, according to the time schedule, we are on the way to getting as much of a commitment as is possible. Savanick said the City should request a self-service facility, such as the one at Southtown in Bloomington, for the present time. She also commented on problems with the present service and asked if the mailboxes at Apple Valley Square could be moved so mail drop offs can be made from the driver's side of vehicles. CITY OF APPLE VALLEY Dakota County, Minnesota May 22~ 1979 Page 3 Mayor Garrison read a letter from the Chamber of Commerce supporting the foundation of an Economic Development Commission. Councilmember Holton said the purpose of the Com- mission would be to encourage larger businesses and industries to locate in the City. The Council discussed the length of membership terms on the Commission and whether they should be two or three years. ~ MOTION: MOTION: of Holton, seconded by Savanick, passing Ordinance No. 219 estab- lishing an Economic Development Commission of seven members with a 4/5 vote of the Council required to remove any members of the Commission and the first four members appointed for two-year terms and the second three appointed for one-year terms. of Savanick, seconded by Fitzsimmons, amending the above motion by appointing the first four members to terms expiring in January of 1981 and three members to terms expiring in January of 1980 with successors appointed to terms of two years and all members shall serve until new appointments are made by the Council, ORDINANCE 219 EST. ECONOMIC DEV. COMMISSION MOTION: of Garrison, seconded by Kelly, substituting~ the following for the above amendment: amending the above motion by Appointing three members to terms expiring in January of 1980, two members to terms expiring in January of 1981 and two members to terms ex- piring in January of 1982 with successors appointed to terms of three years and all members shall serve until new appointments are made by the Council, 'Ayes - 3 - Nays - 2 (Savanick and Holton). Vote was taken on the original motion as amended. Ayes - 5 - Nays - 0. The Council said appointments to the Commission would be considered at a future meeting. Councilmember Savanick said she believes off site directional signs should not be allowed in the City any more. John Gretz said, under the sign ordinance, all existing non-con- forming signs such as this will have to be removed or brought into conformance. Each development is allowed one sign. MOTION: MOTION: of Garrison, NO SECOND, approving an off-site directional sign for Wensmann Homes at Cedar Avenue and 140th Street for a period of three years as recommended by the Planning Commission. The motion died for lack of a second~ of Savanick, seconded by Fitzsimmons, approving a building permit for an auto body shop on Lot 1 o2 Block 1 of Apple Valley Indus- trial Park as recommended by the Planning Commission on May 16, 1979. WENSMANN DIRECTIONAL SIGN AUTO BODY SHOP BLDG. PERMIT Jerry Anderson, owner of the business, was present and said all cars will be stored on the back side of the building and not facing 145th Street or Galaxie. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Garrison, approving the Development Agree- ment and final plat of Hamlet I and authorizing the Mayor and Clerk to sign the same. HAMLET I PLAT & AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1979 Page 4 John Gretz showed the location of Hamlet I, between Cedar Avenue and Pennock Avenue, north of 143rd Street, which includes the existing Assembly of God Church. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, directing the Engineer to prepare HAMLET I a preliminary report on improvements for Hamlet I. Ayes - 5 - PRELIM. REPORT Nays - 0. MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. 1979-86 receiving the preliminary report and setting a public hearing at 8:30 p.m. on June 28, 1979, on construction of Pennock Avenue from future County Road 38 to 138th Street and 138th Street from Pennock to Cedar, Project 79-6. Ayes - 5 - Nays - 0. RES. 1979-86 PROJECT 79-6 HEARING Mayor Garrison said the Council directed the Engineer to prepare a preliminary report on improvements in White Oak Ridge earlier in the meeting and some residents of the area are now present and wished to comment. Lynn Johnson, 13105 West 132nd Street asked about the statement in Mr. Gretz's memo re- ferring to 132nd Street from Pilot Knob Road to Greenleaf 9th Addition and said they are opposed to 132nd Street being connected through to Greenleaf 9th. Mr. Gretz said that is not the intention of the wording; 132nd Street is intended to remain a cul de sac. The report will be an estimate of the costs of installing sewer and water and blacktopping the street. Before the Council would proceed with any such improvements, a public hear- ing would be held. Jim Sheldon commented on the procedures for the City obtaining the deed for parkland in the Forest Park Development. He said a warranty deed will be drafted now but not re- leased to the City until the developer obtains title to the property which is being purchased on a contract for deed. An agreement will be drafted which will require a letter of credit guaranteeing payment of the parkland so if the developer should default on the property, the City will still get title to the property. MOTION: of Holton, seconded by Fitzsimmons, approving release of the final plat of Forest Park 2nd Addition for filing subject to the City Attorney's approval of an agreement guaranteeing the park dedication and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays - 1 (Savanick). FOREST PARK DEED AGREEMENT CABLE TV COM. APPOINTMENT MOTION: of Holton, seconded by Kelly, appointing Thomas Blackmar to the Cable TV Cormnission for a term expiring August 1, 1980. Ayes - 5 - Nays - O. Councilmember Kelly commented that some commission and committee members are not regular- ly attending meetings. She suggested the Council might want to look at what other com- munities do in these cases. Mayor Garrison said the Council liaisons to these commis- sions and committees should look into these situations and make recommendations to the rest of the Council. MOTION: of Kelly, seconded by Holton, appointing John W. McKay to the URBAN AFFAIRS Urban Affairs Committee. Ayes - 5 - Nays - 0. APPOINTMENT CITY OF APPLE VALLEY Dakota County, Minnesota May 22~ 1979 Page 5 Mayor Garrison asked if the Council had any recommendations on nominations to the Youth Development Committee of the Community Action Council. There were none. MOTION: of Savanick, seconded by Fitzsimmons, authorizing Police Chief Rivers to travel to Illinois to review dispatching systems at Aurora and Oak Park with other Dakota County Police Chiefs. POLICE CHIEF REVIEW DISPATCH SYSTEMS Councilmember Holton said the Police Chief should also tour the dispatch center at Rochester, Minnesota, if he has not already done so. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving hiring Joseph Dorma HIRE DORMA for the position of Streets I effective May 31st, 1979, at a STREETS I salary of $1,066 per month, subject to a Police check of his driving record. Ayes - 5 - Nays - 0. The Council discussed a proposal by the Metropolitan Transit Commission to cancel Routes 32 and 64 from Apple Valley to Bloomington. Councilmember Fitzsimmons said she has scheduled a meeting at City Hall on Thursday, May 31st, 1979, at 8:00 p.m. with Gayle Kincannon, our representative on the Transit Commission, to discuss this. Mayor Garrison said he has been discussing using the Zoo parking lot as a Park and Ride facility with Mr. Kohn in conjunction with buses bringing visitors to the Zoo. MOTION: of Kelly, seconded by Fitzsimmons, adopting Resolution No. 1979- 87 requesting the Metropolitan Transit Commission to continue Routes 32 and 64 until December 1, 1979, and change the evening departure times to,slightly later times to see if ridership increases. Ayes - 5 - Nays - 0. RES. 1979-87 MTC ROUTE CONTINUATION Councilmember Fitzsimmons announced that she and her family will be relocating on the east coast because of a business change. She said the move will depend on the sale of thier house and she will continue to serve on the City Council until she moves. MOTION: of Holton, seconded by Kelly, to pay the claims and bills, checks numbered 8853, 12870 through 12881 and 12883 through 12930, in the total amount of $549,156.74. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Kelly, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:09 o'clock p.m.