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HomeMy WebLinkAbout08/09/1979CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 9th, 1979, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- on in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Kelly, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA JULY 26, 1979 MINUTES MOTION: of Holton, seconded by Savanick, approving the minutes of the meeting of July 26, 1979, as written. Ayes - 2 - Nays - 0 (Garrison and Kelly Abstained). Councilmember Kelly said she wanted to clarify the minutes of the July 12, 1979, meeting. Her understanding of the motion to solicit applications for the Council seat vacated by Fitzsimmons, was that it be done by paid advertisement in the newspapers. She voted no on the motion because she was against apying for an advertisement, not against requesting that it be a news article. MOTION: of Kelly, seconded by Holton, removing conisderation of a building CONSENT AGENDA permit for a fourplex to the regular agenda and approving all re- maining items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Holton, granting a sideyard setback variance VARIANCE AT at 132 Garden View Drive for a garage addition, setbahk 26 feet 132 GARDEN VIEW from Elm Drive at the front corner of the garage and 17 feet at the rear corner as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Holton, adopting Resolution No. 1979-128 awarding the contract for 1979 street seal coating to Blacktop Service Company, the low bidder, in the amount of $32,840.00. Ayes - 4 - Nays - 0. RES. 1979-128 AWARD 1979 SEAL COATING COM. ACTION COUNCIL YOUTH DEV. PROGRAM MOTION: of Kelly, seconded by Holton, to participate with the Community Action Council, Inc., and the Cities of Burnsville, Eagan, Farm- ington, Lakeville and Rosemount for the year 1980 in the Commun- ity Action Council's Youth Development Program at a cost to Apple Valley of $951 based on the information set forth in the Community Action Council's letter to the City of Apple Valley dated July 20, 1979. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Holton, approving Change Order No. 1 to the CHANGE ORDER 1 contract with Langer Construction for Fire Stations 2 and 3 of an FIRE STN. CONST. additional $871.52 for extra site layout work. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1979 Page 2 MOTION: of Kelly, seconded by Holton, approving a transient merchant li- cense for Midwest Challenge, Inc., to solicit door-to-door for five years. Ayes - 4 - Nays - 0. MIDWEST CHALNG. TRANS. MER. LIC. MOTION: of Kelly, seconded by Holton, approving hiring David Krings for HIRE KRINGS the position of Building Inspector II effective August 23, 1979, BLDG. INSP. at a monthly salary of $1,324. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Holton, approving hiring Cheryl Decker as HIRE PARTTIME a building Attendant effective August 6, 1979, at $2.55 per hour EMPLOYEES and Richard Pogue as an Ice Arena Supervisor'effective August 10, 1979, at $3.25 per hour. Ayes - 4 - Nays - 0. END 0P CONSENT AGENDA ITEMS The Council received a report on an August 2, 1979, meeting with the Alimagnet Lakeshore Homeowners Association. John Gretz said he and Keith Gordon have looked at Apple Valley's drainage to Lake Alimagnet and believe construction of a holding pond at this time would be premature. The engineering consultant has been asked to prepare a report on storm water in this area for the August 27th Council meeting. Jim Moser said a catch basin for overland drainage should be constructed now rather than waiting for additional development in the area. Mayor Garrison said this is something that will be covered in the report at the August 27th meeting. Don Romain said most of the runoff is coming from Burnsville and Apple Valley should protest this. The Mayor said he will be contacting the Mayor of Burnsville after the report has been received and suggested holding a joint meeting with representatives from the homeowners to discuss the problems and solutions. The Council received a proposed draft of an ordinance governing parks. Jim Moser said previous problems in Alimagnet Park have cleared up quite a bit thanks to additional police patrol and asked the Council to table this ordinance until its next meeting so everyone will have time to review it. Lt. Erickson, of the Police Department was pre- sent and said there is no problem in holding action on this for two weeks. The Council agreed this item would be on the August 27th meeting. Mr. Granthan, of the Lions Club, was present to discuss the proposed bingo ordinance. He said the club is nonprofit and all money earned by it is donated back to the commun- ity in various projects. MOTION: of Savanick, No Second, setting the annual license fee for bingo at $25.00. Motion died for lack of a second. MOTION: of Garrison, seconded by Holton, passing Ordinance No. 225 li- ORD. NO. 225 censing and regulating bingo with an annual license fee of $50.00 BINGO REGULA- and a per occasion fee of $10.00. Ayes - 3 - Nays - 1 (Savanick). TIONS The Council received a proposed draft of an ordinance providing for the towing and impoundment of vehicles. Councilmember Holton asked who would collect the storage fees, the City or the towing operator? Councilmember Savanick asked whether the time for holding impounded vehicles is long enough? Mr. Asleson said this is a draft for review and should be discussed further at the August 27th meeting. The City Attorney was also asked to review this ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1979 Page 3 Mayor Garrison called the public hearing on Project 79-10, Pennock Avenue and 138th Street utility and street improvements, to order at 8:37 o'clock p.m. and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvements and said utilities could be included in Pennock Avenue as far north as future County Road 38 or only as far north as the proposed Kings Court sub- division. In the future, the utilities could be extended through the property on either side of Pennock Avenue, rather than in the street, when this property is ready for development. Helen Schultz asked if sewer would be used for her house or would a lift station be necessary to do so? Keith Gordon said her house could be served with sewer from either 138th Street or Cedar Avenue. Additional development in the lower land on her property could be served by the Cedar Avenue sewer. Tom Heiberg asked when the construction would be done? John Gretz said if the project is ordered, it would be next spring construction. After everyone present had been given an opportunity to comment, the Mayor declared the hearing closed at 8:45 p.m. He said no action would be taken tonight and it would be considered when details with MnDOT are more firm. Councilmember Savanick asked Mr. and Mrs. Hall, who were present, if they had no ob- jections to this project? They said their objections are to taking access to their property from Pennock Avenue rather than Cedar Avenue. Keith Gordon said the Hall property could also be served with utilities from Cedar Avenue. Mayor Garrison reviewed the improvements proposed as Project 79-8, White Oak Ridge improvements, Estimated at $9,000 to $10,000 per lot. He said the choices could be to do nothing, improve the gravel road to a better condition or install sewer and water and blacktop the road. Mr. Asleson said electrical and telephone lines would be installed underground if requested by 100 percent of the property owners according to the utility companies. Natural gas installation would cost approximately $300 per lot with or without the proposed City improvements. Mr. Zelenka asked how much under- ground electrical and telephone installation would cost? John Gretz said these costs would have to be computed by the utility companies. Don McNeal asked what is meant by premature development of the Petter property as referred to by the Mayor? Mayor Garrison said sometimes when special assessments are levied on property, it may have to be developed to recover the costs. Mr. Asle- son said the Petter property may also be eligible for Green Acres deferment. Warren Bauerfeld said the costs for sewer and water are so high people may not be able to keep their homes and reshaping the gravel road and assessing this cost would be adequate. Mr. Zelenka said, to his knowledge, no homes on the lake side of 132nd Street are having problems with their septic tanks at this time, but he is for the construction of the project. Mr. Asleson reviewed possible assessment installments on the lots on both a 15 and 20 year basis at eight percent interest. Barbara Bauerfeld asked if the improvements would raise the value of the homes and would their property taxes increase because CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1979 Page 4 of it? Mr. Asleson said special assessments have to benefit the property in the amount for which they are levied. Richard Carland said he is in favor of the project. Don McNeil said he is in favor of the project and asked if there would be another hearing on the assessments? Mr. Asle- son said before any assessments would be levied there would be a hearing held and he also explained the assessment procedures on trunks and laterals. Mr. Asteson said because of a recent court decision, he would recormmend the Council retain an appraiser before proceeding with the project to determine the value and what the benefit would be to the property. MOTION: of Holton, seconded by Savanick, to retain an appraiser to eval- uate the property in White Oak Ridge before considering the im- provements in Project 79-8 further. APPRAISALS IN WHITE OAK RIDGE Mr. Asleson said he would make a recommendation on the name of an appraiser and have an estimate of the cost at the next meeting. Lynn Johnson asked what the City's plan is for the Petter property? Mr. Gretz said it is residential low density which would be up to three units per acre. Mr. Asleson said it is possible to serve the Petter property with utilities from Pilot Knob Road without extending utilities to White Oak Ridge. Mr. Carland asked the reasons for the appraisals. Jim Sheldon explained recent findings in special assessment laws relating to benefits of property. Mr. Carland said he objects to the appraisals because the cost would be added to the total project cost. Vote was taken on the motion. Ayes - 4 - Nays - 0. Councilmember Savanick asked if the DNR has asked for sewer around Long Lake? Mr. Asleson said no. He also said water quality tests of the lake have not indicated sewage. Savanick asked if natural gas could be put in if only the gravel road were improved? Yes. Mrs. Bauerfeld asked about the possibility of grant funds for the sewer? Mayor Garrison said this has been looked at but the chances are very poor of getting a grant. The Council reviewed the proposed improvements in the Hamlet I subdivision. Mr. Asleson said he believes an appraisal should be made on the church property involved in this project also because of the possible assessment costs. MOTION: of Holton, seconded by Savanick, to retain an appraiser to eval- MT. OLIVET uate the property of Mt. Olivet Assembly of God Church. CHURCH APPRAIS. Bill Dolan asked if the Council would proceed with the project if the developer would agree to pay the extra assessment amounts for the church, should an appraisal show that the church property would not benefit by the total assessment amount? The Council said yes. Mr. Asleson said the Council could order the project and have plans and specifications prepared and an agreement on the assessment payment can be drafted for Council approval. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Holton, adopting Resolution No. 1979-129 ordering Project 79-7, improvements in Hamlet I subdivision. Ayes - 4 - Nays - 0. RES. 1979-129 ORDER PROJECT 79-7 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1979- 130 directing the Engineer to prepare plans and specifications for Project 79-7. Ayes - 4 - Nays - 0. RES. 1979-130 PROJ. 79-7 PLANS & SPECS CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1979 Page 5 Mayor Garrison reviewed a letter from the Minnesota Department of Transportation dated July 5, 1979, recommending removal of the two stop signs on Garden View Drive at Westview School. Jim Sheldon said, based on this recommendation, if an accident occurred there, the City could be held liable and become responsible for any costs and the City Council- members could also be held liable individually. MOTION: of Garrison, seconded by Savanick, to retain both stop signs on Garden View Drive at Westview School in their present positions. Ayes - 3 - Nays - 1 (Holton). RETAIN WESTVIEW STOP SIGNS Jim Moser thanked the Council for this action and asked that the City consider in- stalling street lights in this area also. Councilmember Savanick asked whether stop signs could be installed on the schoolgrounds at the exits to Garden View Drive? The Council asked Staff to review these requests. Councilmember Holton said he would like to consider moving both stop signs to the Pinewood intersection in the future. MOTION: of Kelly, seconded by Holton, passing Ordinance No. 226 rezoning ORD., NO~ ' 226 the proposed CEDO Addition, located west of Diamond Path and north. REZONE CEDO of School Disrict 196 offices, from Agriculture to R-lC as recom- ADDITION mended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving the preliminary plat of CEDO Addition as recommended by the Planning Commission and directing that a development agreement be prepared. Ayes - 4 - Nays - 0. PRELIM. PLAT CEDO ADDITION DENY TOLLEFSON OFF-SITE SIGN MOTION: of Savanick, seconded by Holton, approving the Planning Commis- sion recommendation to deny an off-site directional sign at County Road 42 and Johnny Cake for Tollefson Builders, Inc. Ayes - 4 - Nays - 0. Councilmember Savanick said she is concerned that not enough off-street parking is being provided for the fourplexes in Academy Village. MOTION: of Savanick, No Second, approving a building permit for a four- plex on Lot 3, Block 3 of Academy Village, without the driveway plan as shown. Motion died for lack of a second. MOTION: of Savanick, seconded by Garrison, approving an excavation per- mit for a fourplex on Lot 3, Block 3 of Academy Village subject to a further review of the driveway plan. Second withdrew and motion died for lack of a second. MOTION: of Holton, seconded by Kelly, approving a building permit for a fourplex on Lot 3, Blbek 3 of Academy Village as recommended by the Planning Commission. Ayes - 3 - Nays - 1 (Savanick). ACADEMY VILLAGE BLDG. PERMIT PURCHASE PART OF HIGHLANDS LOT MOTION: of Kelly, seconded by Holton, approving acquisition of approxi- mately 1.07 acres of Lot 10, Block 1 of The Highlands for $5,660 as an addition to Belmont Park. Mike Bassett said the funds would come from the park dedication escrow account and the tennis court proposed to be constructed would be paid for by park bond funds. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1979 Page 6 Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Holton, approving purchasing a heat re- claiming system for the Ice Arena Jointly with School Dist- rict 196 for a total cost of $6,000 from Holmsten Ice Rinks. Ayes 4 - Nays - 0. ICE ARENA HEAT RECLAIM SYSTEM The Council received the proposed 1979 special assessment rolls numbers 150 through 162. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-131 RES. 1979-131 setting a public hearing at 8:00 p.m. on September 13, 1979, on SET ASSESSMENT assessment rolls numbered 150 through 162. Ayes - 4 - Nays - 0. HEARING MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-132 RES. 1979-132 approving specifications for completion of the basement area in CITY HALL the City Hall addition and authorizing advertisement for bids to BASEMENT BIDS be received at 2:00 p.m. on September 7, 1979. Ayes - 4 - Nays - O. The Council received an agreement with the State of Minnesota concerning drainage and ponding in the 1-35E drainage system. Mr. Asleson reviewed the agreement and said it was received by the City on August 6, 1979 and he has not received the City Engineer s comments on it yet. Mayor Garrison said this could be tabled until the next meeting for more time to review it. MOTION: of Holton, seconded by Kelly, moving the regular meeting sched- uled for August 23, 1979 to August 27th, 1979, at 8:00 p.m. so all Councilmembers can be present. Ayes - 4 - Nays - 0. SET MEETING DATE MOTION: of Kelly, seconded by Holton, setting a special meeting at 9:00 SET SPECIAL a.m. on August 11, 1979, at City Hall to pay the claims and bills. MEETING Ayes - 3 - Nays - 0 (Savanick Abstained). Mayor Garrison said he has received a notice from School District 196 of the School Community Services meeting to be held at 7:00 P.m. on August 20~ 1979, and he will attend. MOTION: of Holton, seconded by Savanick, approving a salary increase for ASLESON SALARY Richard Asleson of seven percent effective July 1, 1979, and an INCREASE addendum to his contract providing for a nine percent increase in 1980. Ayes - 4 - Nays - 0. Mayor Garrison said Ed Kohn, Zoo Director, has invited the Council and Planning Com- mission to attend a tour of the Zoo on August 29, 1979, from 2:00 to 9:00 p.m. He said he will get more details on this. Councilmember Holton said he has reviewed his proposal for painting bicycle lanes on the sides of some streets further. Dakota County estimates its cost for painting stripes at 3.5¢ per foot and if no parking signs were installed along the streets, he estimated the bicycle lanes would cost about $842 per mile. He suggested these lanes could be used for additional snow storage space also. Mayor Garrison said this could be con- sidered for next summer and that prohibiting parking along both sides of 147th Street should be discussed with the Chamber of Commerce. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1979 Page 7 Councilmember Kelly asked Mike Bassett to talk to the Optimists Club about the cars parked near Cedar Knolls Park while using the BMX track. Mr. Bassett said he has already done so, but will send them a letter explaining the problem. Councilmember Savanick mentioned bike traffic problems on Garden View Drive and the intersection problems at Garden View and County Road 42. She asked if bicycle lanes could be painted without putting up no parking signs? Councilmember Holton suggested striping Galaxie Avenue this year without no parking signs as a test. Mr. Asleson said before bicycle lanes are established, the traffic ordinance should be reviewed to see whether it may have to be amended. MOTION: of Garrison, seconded by Kelly, directing Staff to review estab- lishing bicycle lanes in the City and bring back a recommenda~ tion to the Council by March 1, 1980. Ayes - 4 - Nays - 0. Councilmember Savanick asked what improvements can be made at the Garden View Drive and County Road 42 intersection? John Gretz said the County is preparing a proposal and cost estimate and it will be brought before the Council. Mayor Garrison said at the Council's informal meeting on August 7th, they agreed to receive applications and resumes for the vacant Council seat until 4:30 p.m. on August 17, 1979, with interviews of the candidates tentatively scheduled for September 8, 1979, at 9:00 a.m. The candidates will be asked three to five questions by each Councilmember. MOTION: of Kelly, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:03 o'clock p.m.