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HomeMy WebLinkAbout07/12/1979CItY OF APPLE VALLEY Dakota County, Minnesota July 12, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 12, 1979, at 8:00 o'clock p~m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Fitzsimmons, Kelly, Savanick and Holton (attended at 8:15 p.m.); 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 ~ 4 ~ Nays ~ 0. APPROVE AGENDA MOTION: of Savanick~ seconded by Fitzsimmons~ approving the minutes of the JUNE 28, 1979 meeting of June 28th~ 1979, as corrected, Ayes - 4 - Nays - 0. MINUTES MOTION: of Fitzsimmons, seconded by Savanick~ removing consideration of a report on Essex Avenue to the regular agenda and approving all re- maining items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, .seconded hy Savanick, adopting Resolution No. 1979- RES. 1979-108 108 appointing the Park Committee to serve as the City's Refores- REFORESTATION tation Advisory Committee, Ayes.- 4 - Nays - 0. COMMITTEE MOTION: of Fitzsimmons, seconded by Savanick~ adopting Resolution No. 1979- RES. 1979-109 109 expressing appreciation to the 4th of July Committee for its THANK 4TH OF efforts in this year's festivities. Ayes - 4 - Nays - 0. JULY COMMITTEE The Council received a letter from the Curtis Family of 139th Street Court commending the Fire Department for its assistance at the June 28, 1979, tornado. MOTION: MOTION: of Fitzsimmons, seconded by Savanick~ approving a transient mer- chant license f'or George Mahowald to sell farm produce for 1979. Ayes - 4 - Nays - 0, of Fitzsimmons~ seconded by Savanick, approving a temporary on- sale 3.2 beer license for the Senate District 53 DFL Committee at Westview on August 4~ 1979. Ayes - 4 - Nays - 0, MAHOWALD TRANS. MERC. LICENSE BEER LICENSE DIST. 53 DFL MOTION: of Fitzsimmons~ seconded by Savanick, accepting the resignation of HIST. COMMITTEE Robert Tegedar from the Historical Committee, Ayes - 4 - Nays - 0. RESIGNATION MOTION: of Fitzsimmons, seconded by Savanick~ accepting the resignation of URBAN AFFAIRS Joan Goering from the Urban Affairs Committee, Ayes - 4 ~ Nays ~ 0. RESIGNATION END OF CONSENT AGENDA ITEMS Clerk Asleson opened and'read the sealed bids for $4,245,000 General Obligation Bonds of the City. Mr. Steve Mattson, of Juran & Moody, Inc., then left to verify the bids. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1979 Page 2 Clerk Asleson opened and read the sealed bids for a dump truck with a plow, wing and sander and for a sander which had been offered for sale at the June 30, 1979, auction but were not sold. The bids for the truck and for the sander, respectively, were: Tom Berres - $786,95 and $54.95, The Horne Company - $726.85 and $26~50, City of Lakeville - no bid and $35.00, Schmitty and Sons Bus Co. - $515.00 and $75.00. MOTION: of Fitzsimmons, seconded by Kelly, awarding the sale of the truck SALE OF TRUCK with plow, wing and sander to Tom Berres, the high bidder, for & SANDER $786.95 and awarding the sale of the sander toSchmitty & Sons Bus Co., the high bidder, for $75.00 and if Schmitty & Sons de- cline purchase of the sander only, to award the sander to Mr. Berzes, the second, high bidder, for $54.95. Ayes - 4 - Nays - 0. Councilmember Holton attended at this time. Mayor Garrison called the public hearing on Project 79-6, Pennock Avenue to 138th Street construction to order at 8:15 p.m. He noted that this hearing was continued from the June 28, 1979, meeting, Robert Rosene showed the location of the proposed improvements on a map. John Gretz reviewed items discussed with property owners and the Minnesota Department of Transportation at a meeting on July 10, 1979. He said the State will pay for approximately 60 percent of the road costs, but the balance of the road construction and any utility improvements would be assessed to the property. Some of the undeveloped property may be eligible for green acres exemption. He also said they recommend a 32- foot wide street with an eight-foot pathway on the west side. The access restrictions to Cedar Avenue were discussed, but the acquisition has not been agreed on yet. The State proposes that the City obtain all access restrictions and Mr. Gretz said they have been advised that the City will not do so. He said Mn/DOT will have to pay damages to the Halls because their house will have to be moved for the Cedar Avenue construction. Mr. Rollie Crawford~ representing Mr, and Mrs. Russell Hall, asked why a service drive adjoin Cedar Avenue and ending in a cul de sac was abandoned? Mr. Gretz said topo- graphy was part of the consideration, but a detached service drive, in the location of Pennock Avenue will be able to serve property on both side of it; an attached service drive could only serve the property on one side. Mr. Crawford commented on the consi- deration of damages to the Hall property and said perhaps an attached service drive would be more benefit to them, Mayor Garrison said whether the service drive is attached or detached, the Halls' house will still have to be moved for Cedar Avenue construction. Mr. Crawford said the Hall property has access to Cedar Avenue now and they are entitled to access for their property without having to pay for it, they would require some type of driveway construction to take access from Pennock Avenue. He said he understands that if Mn/DOT contributes to the Pennock construction, it will not pay for damages to property for severing access from Cedar Avenue. Tom Heiberg said he is interested in seeing Pennock constructed as soon as possible to provide access for property he owns. He also said by having the road curve through the Halls' property, they might become responsible for more assessments than by having the detached road. Mr. Crawford said he understands that if Mn/DOT constructs the attached service drive, it would pay for the entire cost, Councilmember Holton said Pennock Avenue would probably be built in the near future anyway and the Hall property would be assessed for the. cost to them, George Sauers also said he would like to see construc- tion of Pennock proceed as soon as possible to give access to his property which is now land locked. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1979 Page 3 Councilmember Savanick said most of the comments have been directed at the road, but no matter where the road goes, utility assessments would still be there and that is the largest part of the improvement costs. Mr. Roseqe said utility improvements are more economical in the detached road plan because they can serve a larger area. Councilmember Savanick said a report on the utilities should show the costs for utilities installed in both manners. Jack Ardoyno said he agrees that an attached service drive is no benefit to any property owner and agrees that Pennock should be constructed, but if the Halls are being treated unfairly, he will withdraw his support. Mr. Asleson suggested the Council set a hearing on utility improvements on August 9, 1979, and continue this hearing until then. At 8:47 p.m., Mayor Garrison continued this hearing until August 9, 1979. MOTION: of Holton, seconded by Fitzsimmons, adopting Reso!ution No. 1979- RES. 1979-110 110 setting a public hearing on Project 79-10, utility improvements SET HEARING in 138th Street from Cedar to Pennock and in Pennock Avenue from ON PROJ. 79-10 138th Street to future County Road 38, at 8:30 p.m. on August 9, 1979. Ayes - 5 - Nays - 0. Steve Mattson reviewed the bids received for the $4,245,000 General Obligation Bonds from Piper, Jaffrey & Hopwood~with a net interest rate of 5.9350 percent and from First National Bank of St. Paul with a net interest rate of 5.9312. He recommended award to the low bidder. MOTION: of Fitzsimmons, seconded by Kelly, adopting Resolution No. 1979- RES. 1979-111 111 awarding the sale of $4,245,000 General Obligation Bonds to AWARD BOND First National Bank of St. Paul at the net interest rate of 5.9312 SALE percent, and returning the good ;faith check to the unsuccessful bidder. Ayes - 5 ·- Nays - 0. Mayor Garrison opened the discussion on amending the City's parking ordinance continued from the June 28, 1979, meeting and··reviewed the options for amending the ordinance dis- cussed at that meeting. Councilmember Holton said he considers calendar parking to be the best alternative except for the problems with mailboxes. He said Superior, Wiscon- sin, has calendar parking in effect from 12:01 a.~. to 4:00 p.m., from November 1 to March 31. John Gretz said calandar parking would cause problems for snow removal because plows would have to go back over the streets the following day to plow the side of the street where cars were parked the first day of a snowfall. Councilmember Fitzsimmons said snow removal is already a problem·around mailboxes and there would be more delays in mail delivery if snow is not removed from around mailboxes right away. Councilmember Savanick said if calendar parking were instituted, a provision would have to be included to prohi- bit parking in front of mailboxes. Councilmember Kelly said with calendar parking, if someone were not able to move their car to the other side of the street, it would be towed away, She said she does not believe on-street parking is a problem in most of the City. Mr, Asleson said with calendar parking, snow removal would seriously suffer and any police patrol benefits would be lost. MOTION: of Holton, No Second, to institute calendar parking in the City year around. Motion died for lack of a second. Mayor Garrison commented on Che problems of enforcing the City's previous snowbird ordinance because it only went by depth of snowfall. Councilmember Holton agreed and also said any ordinance should be uniform to cause less confusion for the public. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1979 Page 4 MOTION: of Garrison, seconded by Fitzsimmons, passing Ordinance No. 223, ORDINANCE 223 amending Ordinance No. 197, by prohibiting parking on the streets AMENDING between 3:00 and 6:00 A.M. from November 1st to March 31st annual- PARKING ORD. ly for a period not longer than five minutes except persons render-197 ing emergency medical assistance or in areas of construction where off-street parking is not available. Councilmember Eitzsimmons asked Police Chief Rivers whether the change from 2:00 A.M. to 3:00 A.M. would make a difference to the Police Department? He said they had no preference. Councilmember Kelly asked John Gretz is the hours should be extended in the morning for snow plowing? He said the hours would be all right because another section of the ordinance prohibits parking when snow plowing operations are being conducted or when there is more than two inches of snow on the street.' Councilmember Savanick said some type of parking permit system should be allowed and the parking prohibition should be in effect all year~ MOTION: of Savanihk, seconded by Fitzsimmons, amending the above motion by prohibiting parking between 2:00 and 6:00 a.m. all year and allowing a limited number of permits for each residence to park in the street between April 1 and October 31. Councilmember Savanick asked Police Chief Rivers if a permit system would be a paper- work problem for the Police Department? He said they presently use a type of permit system to keep track of those requests. Councilmember Kelly asked how many calls for on-street parking permits there have been? He said it averages about 50 per month. Councilmember Savanick said perhaps they should consider limiting the number of ve- hicles allowed per house. Councilmember Holton suggested parking permits for students or teenage children. Bill Jacobson asked Holton if one purpose of the parking ordin- ance is aiding the police in surveilance of the City? Holton said yes, it does help the Police Department. Agnes Scott asked why people can't park on their lawns or next to their garages? Mayor Garrison said they can, but that can ruin their lawns. Eileen Tompkins said allowing three-day parking permits does not alleviate the parking problems for families who have more cars than they can park in garages and driveways year around. Mr. Tompkins said the City Council should be the ones to issue parking pemnits, not the Police Department. Mr. Schackman asked Chief Rivers if the improved surveilance has had any beneficial effect for the City? Chief Rivers said there has not been a decrease in vandalism, but there has also been an increase in population. The benefit is in being able to drive down streets without cars parked on them so they can observe what might be going on rather than watching out for cars in the streets. Mr. Jacobson said he is opposed to the amendment. Mr. Schackman said some people agree with the ordinance because they don't like other cars. parked in front of their houses. Mr. Jacobson said the ordinance is not necessary and snow plowing cannot be combined. with other considerations in one ordinance. He suggests the City of Richfield's ordin- ance be looked at because it provides for restrictions where they are needed. Council- member Kelly said she polled 30 residents on the ordinance and only five were in favor if it. Vote was taken on the amendment to the motion. Ayes - 1 (Savanick) - Nays - 4. CITY OF APPLE VALLEY Dakota County, Minnesota July 12~ 1979 Page 5 MOTION: of Savanick, No Second, amending the original motion by instituting calendar parking. Motion died for lack of a second. Vote was taken on the original motion. Ayes - 4 - Nays - 1 (Kelly). Mr. Schember asked if the ordinance has any provisions for on-street parking between November 1 and March 31? Mayor Garrison said none are allowed. He suggested Mr. Schember and Councilmember HOlton work on an amendment to the ordinance and bring it before the Council in 60 to 90 days. The Council received a letter from a volunteer committee concerning future improvements on County Road 42 and directed the letter be forwarded to Dakota County. Mayor Garrison reviewed Mike Bassett's memo dated July 9, 1979, listing pros and cons for installing a pathway in Carrollwood Village 2nd Addition, from Guthrie Way to 145th Street. MOTION: of Holton, seconded by Kelly, rescinding the Council's action of September 14, 1978, requiring installation of a pathway on Lots 9 and 10 of Block 1 in Carrollwood Village 2nd Addition, and reinstituting the Council's action of August 24, 1978, deleting the pathway from the Agreement. REMOVE PATHWAY CARROLLWOOD 2ND Councilmember Fitzsimmons said she disagrees with eliminating the pathway because of topography because the City has other pathways that are steeper than they should be and snow can be removed somehow. She said condemnation costs should be borne by the developer because it was his responsibility to give the City the easement. Jim Sheldon said if the Council takes this action, the developer will probably take it to litigation and he does not know who would be judged responsible for the costs. Savanick said if the path is not built, the developer should put money in a fund to be used for other improvements in the area. Residents of the area, who were present, commented on the problems with children walking in the streets in the winter on Guthrie Way, Guthrie Avenue and 145th Street, because the sidewalks are not shoveled. It was also noted that school buses pick up elementary school children at Guthrie and 145th Street. MOTION: of Savanick, seconded by Holton, amending the above motion by re- quiring the developer to put money equal to the cost of construct- ing the pathway in a fund to be used in the Carrollwood area for improvements. The residents asked what the cost of condemnation might be? Mr. Asleson said one way to determine this would be to pay for a professional appraisal of an estimate of the land cost and damages. Councilmember Savanick asked what the pathway construction itself would cost? Approximately $750. Mr. Asleson said the funds should not be earmarked just for Carrollwood Village 2nd Addition because it is too small an amount and there are no additional funds to go with it. Jack Ardoyno, who was present, said he would not be willing to pay these funds~ Motion and second withdrew the amendment to the motion. Vote.was taken on the original motion. Ayes - 3 - Nays - 2 (Savanick and Fitzsimmons). CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1979 Page 6 Mr, Ardoyno said he is opposed to willingly paying the money when the pathway require- ment is deleted from the Agreement. He also said three pathways similar to this are required in the 4th Addition and unless the setbacks are changed on some of these lots, there will be the same problems with those pathways. Mr. Ardoyno asked what the park dedication funds collected with the building permits in this area will be used for? Mike Bassett said those funds, with interest, will be used to develop the park in the Carrollwood area. The Park Committee is starting to work on plans and when it has some plans drawn, they will be shown at meetings for residents to review. Consideration of the Forest Green rezoning and preliminary plat was tabled at the request of the petitioner. MOTION: of Holton, seconded by Savanick, denying the request of Ione LAPPI WAIVER Lappi for a waiver of platting to subdivide a 2.7 acre site on OF PLATTING the southeast quadrant of the intersection of Pilot Knob Road and Diamond Path as recon~ended by the Planning Commission. Mrs. Lappi was present and asked if she were able to get an access to the property from Dakota County for Pilot Knob Road, would this request be considered differently? The Council said that was one of the reasons the Planning Commission recommended denial and the request would have to be reconsidered by it. Mrs. Lappi withdrew her request at this time and no action was taken. MOTION: of Fitzsimmons, seconded by Kelly, approving the !final plat and Development Agreement for Chateau Estates 3rd Addition includ- ing the furnishing of a bond or letter of credit for paragraph 10 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CHATEAU 3RD FINAL PLAT & AGREEMENT AGNES SCOTT ADDITION MOTION: of Fitzsimmons, seconded by Kelly, approving the final plat and Development Agreement for Agnes Scott Addition and authorizing the Mayor and Clerk to sign the same. Eric Erikstrup said Mrs. Scott does not agree with the park dedication requirement in the agreement. Mrs. Duggan, Mrs. Scott's daughter, said they believe this property was included in the park dedication made by Orrin Thompson for the Scott Highlands sub- divisions and reviewed some deed information that she had. Mayor Garrison asked them to review this with the City Staff and this item was tabled until the next meeting. MOTION: of Fitzsimmons, seconded by Holton, approving the final plat and Development Agreement for Carrollwood 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CARROLLWOOD 5TH FINAL PLAT & AGREEMENT RES. 1979-112 CARROLLWOOD 5TH IMPROVEMENTS ESSEX AVENUE PRELIM. REPORT MOTION: of Fitzsimmons, seconded by Kelly, adopting Resolution No. 1979-112 ordering utility, street and sidewalk improvements in Carrollwood Village 5th Addition, accepting a petition from property owners waiving a public hearing on said improvements and directing the installation of said improvements by change orders. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Fitzsimmons, directing the Engineer to prepare a preliminary report on extending Essex Avenue from 142nd Path to 140th Street. Ayes - 5 - Nays - 0. ~ITY OF APPLE VALLEY Dakota County, Minnesota July i2, 1979 Page 7 MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1979- 113 awarding the contract for Project 79-2(2), street improve- ments in Chateau Estates 3rd and Diamond Path 4th Additions, to McNamara-Vivant Contracting, the low bidder, in the amount of $322,875.00 Ayes - 5 - Nays - 0. Councilmember Holton distributed a list of nominees to be considered for the Economic Development Commission by the Council. MOTION: of Holton, seconded by Savanick, appointing Florence Hughes, Joe Milbauer, Karin Watland, Robert Garber, Jerry Minea, Carl Watrud and Paul Anderson to the Economic Development Commission. Ayes - 5 - Nays - 0. Councilmember Fitzsimmons suggested articles be published in the newspapers asking for applicants to serve on other commissions and committees on which there are vacancies. Jim Sheldon commented reinstatement proceedings for Steven Kurtz. He said they have not reached an agreement on the testing before he resumes his duties as a police officer and the matter is scheduled to be heard by Judge Mansur on July 24, 1979. Mr. Asleson said the City will be putting Mr. Kurtz to work in some capacity other than police officer until this is resolved. Councilmember Savanick said the traffic control and other arrangements for the Apple ' atley Summer Classic run held on July 7, 1979, were very good and wanted to commend those involved, Councilmember Savanick commented on the heavy traffic on County Road 42 and questioned what could be done about it. John Gretz said repairs at some of the intersections are underway now and additional repairs are being studied. Councilmember Savanick asked Councilmember Fitzsimmons when she will be resigning? Fitzsimmons said as soon as she knows she will resign and also said more public adver- tisement of it should be made so anyone who is interested can apply for the position. She'said the rest of the Council can discuss applicants for the vacancy now. MOTION: of Savanick, seconded by Fitzsimmons, directing Staff to solicit applications for the Council seat to be vacated by Fitzsimmons; all applications to be received by August 1, 1979. Ayes - 2 - Nays - 3 (Garrison, Holton and Kelly). Motion Failed. MOTION: of Kelly, seconded by Holton, to pay the claims and bills, checks numbers 8870 through 8879 and 13432 through 13541, in the total amount of $970,573.66. Ayes - 5 - Nays - 0. Councilmember Savanick said the Council should set down criteria for evaluating appli- cants for the Council seat. The Council agreed to discuss this at a future meeting. MOTION: of Kelly, seconded by Fitzsimmons, to adjourn. Ayes - 5 - Nays - 0. The meeting adjourned at 11:40 p.m.