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HomeMy WebLinkAbout06/12/1979CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 12th, 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 everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Fitzsimmons, approving the agenda for to~ . APPROVE AGENDA night's meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the meeting of May 22nd, 1979, as corrected. Ayes - 5 - Nays - 0. MAY 22, 1979 MINUTES CONSENT AGENDA MOTION: of Holton, seconded by Fitzsimmons, adding appointment of a Civil Defense Director and annual review of Dave Gullifer to the consent agenda and approving all items on the consent agent except re- moving consideration of a pnblic hearing on Project 79-8 to the regular agenda. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Fitzsimmons, approving a building permit for a garage at the Cedar Knolls Recreation Building as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CEDAR KNOLLS GARAGE PERMIT GARAGE VARI- ANCE 249 PINEWOOD WAIVER OF PLAT PAL. HILLS 1ST MOTION: of Holton~ seconded by Fitzsimmons, granting a variance for a 26- foot front setback at 249 Pinewood Drive for a garage addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving a waiver of platting for Lots 3 and 4 of Block 2 in Palomino Hills 1st Addition to read- just the lot lines as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, accepting as final the construc- ACCEPT JOHNNY tion costs of $776,584.60 for the joint construction of Johnny Cake CAKE AS FINAL Ridge Road by the Cities of Apple Valley and Eagan with Apple Valley's share being $453,409.76 and Eagan's share being $323,174.85. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsirmmons, adopting Resolution No. 1979- 88 receiving the preliminary engineering report on Project 79-7, improvements in Hamlet I, and setting a public hearing on it at 8:30 p.m. on July 26, 1979. Ayes - 5 - Nays - 0. RES. 1979-88 PROJ. 79-7 PUBLIC HEARING MOTION: of Holton, seconded by Fitzsimmons, approving final payment on PROJECT 76-13 Project 76-13, Longridge 1st Addition Utilities, to Encon Util- FINAL PAYMENT ities for a final contract total of $412,432.35. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1979 Page 2 MOTION: of Holton, seconded by Fitzsimmons, approving Change Order No. 1 to the contract with Frederickson Excavating for Project 78- 12(1) of an additional $8,887.79. Ayes - 5 - Nays - 0. PROJ. 78-12(1) CHANGE ORDER MOTION: of Holton seconded by Fitzsimmons, approving payment of $25.00 PAYMENT FOR LOST to Mrs. Melvin Koons for a watch that disappeared from the WATCH Police Department. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Fitzsimmons, approving a temporary on- sale 3.2 beer license for American Legion Post 1776 on July 4, 1979, at Westview. Ayes ~- 5 - Nays - 0. LEGION TEMPORARY BEER LICENSE RES. 1979-89 CIV. DEF. DIR'. PROJ. 78-9(2) CHANGE ORDER MOTION: of Holton seconded by Fitzsimmons, adopting Resolution No. 1979-89 appointing Police Chief Lloyd Rivers as City Civil Defense Director. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Fitzsimmons, approving Change Order No. 1 to the contract With McNamara-Vivant Contracting for Project 78-9(2) of an additional $4,680.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, directing the Engineer to ORDER REPORT ON prepare a preliminary report on utility improvements on Pen- PENNOCK UTILITIES nock Avenue from future County Road 38 to 138th Street and 138th Street from Cedar to Pennock. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Fitzsimmons, approving a salary increase GULLIFER for David Gullifer of $910.00 per year effective June 11, 1979. SALARY REVIEW Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving hiring parttime HIRE PARTTIME golf course, swimming pool, forestry and recreation employees EMPLOYEES at pay rates as listed in the memo dated June 8, 1979, from Michael Bassett. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving hiring John F. Riley as a parttime employee in the Liquor Department at $2.85 per hour. Ayes - 5 - Nays - 0. HIRE LIQUOR EMPLOYEE END OF CONSENT AGENDA ITEMS Gayle Kincannon, District H Representative on the Metropolitan Transit Commission, was present to discuss bus service. She said Route 64 will not be cancelled at this time and the MTC is promoting this route and will be resurveying the ridership potential also. Mayor Garrison said he would like to see some type of bus service to the Zoo which would also carry commuters into the Twin Cities. Councilmember Savanick asked about the pos- sibility of commuters from the Twin Cities using bus service to travel to the suburban areas? Kincannon said that may be possible. She also said she has received information that no bus shelter will be constructed at Cedar and County Road 42 because of difficulty in obtaining a site. The Mayor asked that she look into the possibility of moving the bus shelter at Garden View Drive and County Road 42 back from County Road 42 a little farther. Kincannon also said the MTC is working on several methods of encouraging bus ridership and incentives to employers to encourage their employees to ride buses. Ed Ebach said many employers, such as Control Data, have arranged flexible scheduling for CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1979 Page 3 their employees which allows them to miss much of the traffic and reduce travel time. If they rode the bus, the travel time would be much longer. Councilmember Savanick asked about riders having to stand on express buses. Kincannon said there should not be riders standing, but often when there are two bus routes to the same location, people will take the earlier bus, causing it to be crowded, and the later bus will be less than full. The Council received a notice from the Metropolitan Transit Commission that bus routes 32 and 64 will not be cancelled at this time because of new legislation requiring the MTC to maintain existing levels of service in suburban areas. Mayor Garrison reviewed the history of a proposed pathway between Guthrie Way and 145th Street. The plat of Carrollwood Village 2nd Addition was filed, but the ten-foot pathway easement over Lots 9 and 10 of Block 1 was not filed and the lots have since been sold. The majority of residents want the pathway. Jim Sheldon said the City would either have to negotiate for the easement or condemn the easement for it~ The owner of Lot 9 has said he would not give the easement and has since done some landscaping in the proposed pathway area. The Mayor said staff should discuss this further with the property owners and perhaps consider placlng the pathway on Lot 10 and come back to the Council at its next meeting. Councilmember Fitzsimmons asked what Jaxon Company's responsibility is? Mr. Sheldon ~said Jaxon is willing to construct the path if the City gets the easement. Don Sandahl of the Minnesota Department of Transportation was present to answer questions on construction plans for highway 1-35E. Mark Gjerde asked if the State has received its DNR permit for grading yet? Mr. Sandahl said yes it has. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- 90 approving the Minndesota Department of Transportation's final plans for construction of highway 1-35E along the City's north- western boundary. RES. 1979-90 1-35E FINAL PLANS Councilmember Savanick asked if there will be a construction access from Chaparral Drive? Mr. Sandahl said no. Vote was taken on the motion. Ayes - 5 - Nays - 0. Steve Mattson of Juran & Moody, Inc., was present to discuss a City bond sale. The pro- posal is for $200,000 of equipment certificates, $465,000 of general obligation bonds for the fire stations, $2,705,000 of special assessment improvement bonds and $8751000 of state aid street bonds. He recommends the four issues be combined for one lump sum bid of $4,245,000. He said the City now has a B-aa1 rating and possibly could get an A rating. Mr. Asleson said the $875,000 state aid bonding proposal is the maximum the City can issue now. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. 1979- RES. 1979-91 91 authorizing advertisement for bids on $4,245,000 of bonds to be $4,245,000 received July 12, 1979, at 8:00 P.M. Ayes - 5 - Nays - 0. BOND SALE MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-92 - RES. 1979-92 authorizing issuance of a $250,000 commerical development revenue WENDY'S RESTRNT. note to AVW Company for Wendy's Restaurant subject to approval by COM. DEV. NOTE the Minnesota Commissioner of Securities. Ayes - 4 - Nays - 1 (Savanick). CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1979 Page 4 Mr. Asleson said new legislation affecting revenue bond financing for housing has caused only projects approved before April 27, 1979, to be eligible for this type of bonding. He said the request Of Academy Village for additional funding is not eligible and can be tabled at this time. MOTION: of Savanick, seconded by Fitzsimmons, passing Ordinance No. 220 rezoning 40 acres on the southwest quadrant on the intersection of County Road 40 and Pilot Knob Road from Agricultural to In- stitutional for a middle school. Ayes - 5 - Nays - 0. ORD. NO. 220 REZONE MIDDLE SCHOOL SITE Mr. Ernest Partaker of Trans Union Land Development was present and reviewed a proposal for 15 townhouse buildings on 10 acres located north of 147th Path and west of the park. He said this site was proposed for commercial development in the original Trans Union Plan but are proposing the change to residential now. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 221 re- zoning Outlot G of Trans Union First Addition (proposed Diamond Path 7th Addition) from M-1 P.D. to M-4 as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORD. NO. 221 REZONE DIAMOND PATH 7TH ADDN. MOTION: of Holton, seconded by Kelly, approving the preliminary plat of DIAMOND PATH Diamond Path 7th Addition as recommended by the Planning Commis- 7TH PRELIM..- sion and directing preparation of a development agreement. Ayes - PLAT 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 222 re- zoning property west of Garrett Avenue and south of Upper 146th Street (proposed Valley South 2nd Addition) from B-1 to M-4 P.R. as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORD. NO. 222 REZONE VALLEY SOUTH 2ND ADDN. VALLEY SOUTH 2ND PRELIM. PLAT MOTION: of Holton, seconded by Fitzsimmons, approving the preliminary plat of Valley South 2nd Addition as recommended by the Planning Commission and directing preparation of a development agreement. Ayes - 5 - Nays - 0. Dick Cottle of Carrollwood Properties was present and reviewed a proposal for 10 acres along Pennock Avenue at 142nd Street. The area would have 52 dwelling units, 7 quad buildings and 12 duplexes. They had originally proposed apartment buildings for this area. MOTION: of Holton, seconded by Kelly, approving the preliminary plat of CARROLLWOOD Carrollwood Village 5th Addition and waiver of platting as re- VILLAGE 5TH commended by the Planning Commission and directing preparation of PRELIM. PLAT a development agreement. Ayes - 5 - Nays - 0. John Shardlow of Howard Dahlgren & Associates and Roger Derrick of Derrick Land Company reviewed the proposal for Hunter's Woods. They said they have been working on tree disease in the area and the trenching should be completed in July. They would like to have improvements installed in the first two phases this summer and intend to develop the third phase next year. Councilmember Savanick said she believes the three lots with direct access to Palomino Drive will cause traffic problems and a service drive should be constructed or these lots should not be developed until new County Road 38 has been constructed and Palomino Drive is downgraded to a collector street. Mr. Asleson read CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1979 Page 5 the Council's discussion on this from the October 26, 1978 minutes. Mr. Derrick~said the cash amount of $7,000 per acre in lieu of park dedication is too high and they would agree to $5,750 per acre. Mr. Bassett said the $7,000 per acre amount has been used in other developments and perhaps an appraisal would be necessary to reach a com- promise. The Council said the cost of an appraisal would reduce the total amount re- ceived and the $7,000 figure should be used. The Council discussed the extension of the loop road. Mr. Gretz said Apple Valley Development Partnership owns the property on which the road will be constructed. The road will be platted with Hunter's Woods and Apple Valley Development Partnership will be signing the agreement also. MOTION: of Savanick, seconded by Kelly, approving the Development Agree- ment and final plat of Hunter's Woods except the three lots on Palomino Drive should not be included in the final plat. HUNTER'S WOODS Mr. Gretz said this plat should be reviewed further and perhaps they could bring back a plan with a service drive at the Council's next meeting. The motion'and~second withdrew. MOTION: of Fitzsimmons, seconded by Kelly, directing the Engineer to pre- HUNTER'S WOODS pare a preliminary report on improvements in the proposed Hunter's PRELIM. REPORT Woods area. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- 93 receiving the preliminary engineering report on Project 79-8, improvements in White Oak Ridge Addition including sidewalks on both sides of 132nd Street, and setting a public hearing on it at 8:45 P.M. on July 26, 1979. Ayes - 5 - Nays - 0. RES. 1979-93 PROJ. 79-8 PUBLIC HEARING RES. 1979-94 PROJ. 79-2(2) BID ADV. RES. 1979-95 PROJ. 78-12(2) BID ADV. ZOO POLICE & FIRE AGREEMENTS Councilmember Kelly left the room at this time. MOTION: of Fitzsimmons, seconded by Garrison, adopting Resolution No. 1979-94 approving the plans and specifications for Project 79- 2(2), street improvements in Chateau 3rd and Diamond Path 4th, subject to Council review of the plans, and authorizing ad- vertisement for bids to be received at 2:00 P.M. on July 12, 1979. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No~ 1979- 95 approving the plans and specifications for Project 78-12(2) street improvements in Apple Valley East 4th and grading for the Wheaton pond, subject to Council review of the plans, and au-. thorizing advertisement for bids to be received at 2:00 P.M. on June 28, 1979. Ayes - 4 - Nays - 0. Councilmember Kelly returned to the room at this time. MOTION: of Savanick, seconded by Fitzsimmons, approving an Agreement with the Minnesota Zoological Garden for police services to be reimbursed at $16.50 per hour for one year effective July 1, 1979, and authorizing the Mayor and Clerk to sign it and extending the Agreement for fire services through July 1, 1980 with no changes. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 1979 Page 6 The Council discussed the proposal for the First Annual Apple Valley Summer Classic and traffic control along the route. It agreed that adults should be used as flagmen and perhaps traffic cones could be used to delineate a lane for runners on Garden View Drive. MOTION: of Kelly, seconded by Savanick, approving use of the City streets A.V. SUMMER for the First Annual Apple Valley Summer Classic subject to the CLASSIC ROUTE organizing group meeting with the Police Chief and making arrange- ments for traffic control. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, authorizing placing a City adver~ SUN DIRECTORY tisement in the Sun Directory at a total cost of $728.00. Ayes - ADS 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving pay rate changes for parttime employees as listed in the memo dated June 12, 1979 from Michael Bassett. Ayes - 5 - Nays - 0. PARTTIME EMP. SALARIES The Council received a copy of a Notice of Reinstatement for Steven Kurtz effective June 11, 1979. Mr. Asleson said the reinstatement would be subject to a psychological evaluation similar to that given all new police officers. Mr. Kurtz's salary would commence June 11, 1979, but his responsibilities would not commence until the test has been given. MOTION: of Holton, seconded by Savanick, authorizing the City Adminis- trator to send the Notice of Reinstatement to Steven Kurtz. KURTZ REINSTATEMENT Councilmember Kelly asked if testing procedures have been used in similar cases as this or in leave of absence situations? Mr. Asleson said he was not aware of it being done. Vote was taken on the motion, Ayes - 4 - Nays - 0 (Kelly Abstained). MOTION: of Savanick, seconded by Filzsimmons, adopting Resolution No. 1979-96 establishing a no parking zone along the south side of 147th Street between Cedar Avenue and Galaxie Avenue. Ayes - 5 - Nays - 0. RES. 1979-96 147TH STREET NO PARKING Joan Raigna was present and said she would like the Council to discuss the 2:00 A.M. to 6 A.M. parking restrictions. The Mayor asked that this be placed on the June 28, 1979 meeting for discussion. Councilmember Holton said nominations for the Economic Development Commission should be considered at the next meeting and any suggestions on nominees should be given to him. Councilmember Savanick said Schlosser Printing is printing the "Council Table" this time and it should be compelted in about a week. MOTION: of Savanick, seconded by Holton, to pay the claims and bills, checks numbered 8854 through 8860, 12938 through 12981, 12988 through 13018 and 13026 through 13106, in the total amount of $1,709,466.69. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Fitzsimmons, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:41 o'clock P.M.