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HomeMy WebLinkAbout12/14/1978CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 14, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Hayes, Holton, Savanick and Fitzsimmons (attended at 7:10 p.m.); Clerk Asleson. ABSENT: None. Mayor Branning called the meeting to order at 7:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Hayes, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA NOV. 21, 1978 MINUTES MOTION: of Holton, seconded by Hayes, approving the minutes of the meet- ing of November 21, 1978, as written. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving all items on the consent CONSENT AGENDA agenda except consideration of Project 78-15. Ayes - 4 - ~ys - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Hayes, approving a building permit for a house on Farquar Lake, east of Diamond Path, for Dale Duff as recommended by the Planning Commission. Ayes - 4 - Nays - O. DUFF BUILDING PERMIT BARROTT EXCAVAT ION PERMIT RES. 1978-207 STOP SIGNS PROJ. 76-13(2) CONTRACT RETAINAGE C. O. 1 140TH ST. PROJ. VARIOUS BOND OR CASH REDUCATION MOTION: of Holton, seconded by Hayes, approving an excavation permit for filling Outlets D and E of Farquar Lake Addition for William Barrett subject to compliance with the City Engineer's recom- mendations. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Hayes, adopting~Resolution No. 1978-207 ordering the installation of stop signs on Patton Lane and Cooper Lane where they intersect from the south with Whitney Drive and on 140th Street where it intersects from the east with Garden View Drive. Ayes - 4 - Nays - 0. MOT ION: of Holton, seconded by Hayes, authorizing a reduction in the retainage to five percent on the contract with Brown Minneapolis Tank Company for Project 76-13(23 as recommended by the Engineer. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving Change Order No. 1 in the amount of $12,949.10 to the contract with Alexander Construction for extension of 140th Street from Holyoke Avenue to 135th Street. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving reductions in development bonds or cash escrows for Greenleaf 6th from $2,800 to 0, Green- leaf 7th and 8th from $2,000 to 0, Greenleaf llth and 12th from $162,000 to $28,000 and Longridge 1st from $235,675 to $96,000 as recommended by the City Engineer. Ayes - 4 - Nays - 0. City of Apple Valley Dakota County, Minnesota December 14, 1978 Page 2 MOTION: of Holton, seconded by Hayes, adopting Resolutions No. 1978- 208, 1978-209, and 1978-210 approving 1979 on-sale liquor licenses for Apple Place, Beef 'N' Brew and Lemon Tree, respectively. Ayes 4 - Nays - 0. RES. 1978-208, 209, & 210 1979 LIQUOR LIC. MOTION: of Holton, seconded by Hayes, adopting ResolutiOn No. 1978- RES. 1978-211 211 authorizing the City Clerk to transfer $24,497.53 from the POLICE FUND Police Fund (06) to the General Fund (01). Ayes - 4 - Nays - TRANSFER 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978- RES. 1978-212 212 approving assessment divisions numbered 12534, 12740, ASSESSMENT 12719, 12764 and 12766 and authorizing the necessary documents DIVISIONS ha filed with the County Auditor. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, accepting the resignation of Carol Alexander from the Human Rights Commission. Ayes - 4 - Nays - 0. ALEXANDER RESIG. HUMAN RIGHTS COM. MOTION: of Holton, seconded by Hayes, approving hiring Debra Grabowski HIRE RECEPTION- for the position of switchboard receptionist at $593.00 per IST GRABOWSKI month effective December 18, 1978, at half time and December 21, 1978, at full time. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, rehiring Linda Wolfe as a dis- patcher effective December 14, 1978, at $4.637 per hour. Ayes - 4 - Nays - 0. HIRE DISPATCHER WOLFE MOTION: of Holton, seconded by Hayes, approvfng hiring Lyle Hall, HIRE PARTTIME Steve Dohman and Bob Wallerick at $2.50 per hour and Steve EMPLOYEES Gilbertson at $2.75 per hour effective December 16, 1978, as warming house supervisors, Mark Boe at $2.75 per hour effective December 8, 1978, as indoor ice guard and Leisha Doetch and Lori Boals as volunteer skating instructors effective December 18, 1978. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS (Councilmember Fitzsimmons attended at this time.) Mr. Asleson presented a proposed agreement with Smith Ambulance Service for renta% of space at Fire Station No. I. The ambulance service presently has crew quarters at the Aquarius building, but the vehicles are kept outside. In addition to having inside space for the vehicles, the Fire Station 1 location would improve response time to Burnsville. If the ambulance is not provided space in Apple Valley, the primary vehicle will move to the Ridges in Burnsville and the backup vehicle will be kept at the Lakeville Fire Station. Fire Chief Richard Tuthill and Fire Department President Richard Munson were present and said though not all members of the Fire Department agree to the proposed rental, they are willing to try it. Mr. Asleson said whether the ambulance is located at the Ridges or in Apple Valley, it can meet the 10 minute response time in Apple Valley, Burnsville and Lakeville, but the Apple Valley location will better help it meet the response time in Farmington. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 1978 Page 3 MOTION: of Holton, seconded by Fitzsimmons, approving an agreement with Smith Ambulance Company for rental of space at Fire Station 1 at $250.00 per month with one-third of the rent to be used to offset building expenses and two-thirds to go to the Fire Department. Ayes - 5 - Nays - 0. AMBULANCE FIRE STATION RENT AGREEMENT KENNEDY TRAJqS. PARKING LOT VARIANCE PROPOSED CAMPGROUND IN EAGAN MOTION: of Fitzsimmons, seconded by Holton, granting a variance for a parking lot setback of 10 feet from Glenda for Kennedy Trans- mission on Lots 1, 2 and 3 of Block 6 in Valley Commercial Park 2nd Addition because of a storm sewer easement as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Hayes, receiving information on a pro- posed campground in the City of Eagan on Pilot Knob Road and authorizing the City Administrator to send a letter to Eagan stating the City's concerns as recommended by the Planning Commission. Councilmember Holton was out of the room at this time. Mayor Branning asked that someone from Apple Valley attend Eagan's December 20, 1978, public hearing. Councilmember Fitzsi~ons said if no Staff members are able to attend, she would attend the meeting. Vote was taken on the motion. Ayes - 4 - Nays - 0. Steve Mattson, of Juran & Moody, Inc., the City's financial consultant, asked that final approval of industrial revenue bonds for Apple Valley Office Centre be tabled because he didn't receive a copy of the documents until today and has not had time to review them. Charles Johnson, representing Apple Valley Office Centre, said the proposal is the same as originally presented and asked whether the Council would approve the resolution sub- ject to review by Mr. Mattson~so they would be able to have the closing in 1978. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-213 RES. 1978-213 authorizing issuance of a $900,000 commercial development revenue A.V. OFFICE note for Apple Valley Office Centre subject to review and approval REVENUE NOTE by Mr. Mattson. Ayes - 4 - Nays - 1 (Fitzs~mmons). MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-214 giving preliminary approval of $250,000 Commercial Development Revenue Bonds for Wendy's Restaurant and authorizing submission of the proposal to the Commissioner of Securities for approval. RES. 1978-214 WENDY'S REVENUE NOTE Councilmember Savanick asked how this proposal would benefit the City? Craig Minea said it provides additional tax base and employment. Coun¢ilmember Savanick asked if the City could deny this request since it has approved other similar requests? Jim Sheldon said the City has complete discretion in approving these requests. Vote was taken on the motion. Ayes - 4 - Nays ~ *1 (Savanick). Mr. Jake O'Toole, of the Dakota County Assessor's office, was present with tax abatements. MOT ION: of Holton, seconded by Fitzsimmons, approving tax abatements on TAX ABATEMENT taxes for 1975 through 1978 on parcel number 01-31002-020-00 as recommended by the Dakota County Assessor's Office. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 1978 Page 4 Preliminary review of Apple Villa South Townhouse Subdivision was tabled~. MOTION: of Hayes, seconded by Holton, passing Ordinance No. 212 re- ORDINANCE 212 zoning the 80 acres proposed as Pilot Knob Estates in REZONING PILOT Section 25 from Agriculture to R-lC, R-2, M-3, and M-4 as KNOB ESTATES shown on the proposed preliminary plat and recommended by the Planning Commission. Councilmember Fitzsimmons questioned construction of the apartment area and whether it would be done concurrent with the single family homes. Mr. Streefland said the apartment area would not be developed for about three years or until the existing buildings on the site are removed. Fitzsimmons said she would like to wait with that rezoning until they are ready to build the apartments. John Gretz said they have petitioned for that rezoning now and if it is zoned M-4, people purchasing single family homes in the area will know what is proposed for that property. Mike Garrison said the R-2 zoning could be continued north to Essex Avenue to provide a buffer for the R-lC zoning across the street. Mr. Wensmann said he believes the apartment site with the larger area would be more attractive than a row of double bungalows. MOTION: of Savanick, seconded by Fitzsimmons, calling for a vote on the above motion. Ayes - 5 - Nays - O. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Fitzsimmons). MOTION: of Hayes, seconded by Holton, approving the preliminary plat of Pilot Knob Estates as recommended by the Planning Commission and directing Staff to prepare a development agreement. PRELIM. PLAT PILOT KNOB ESTATES Councilmember Savanick questioned whether some lots would require variances in order to place buildings on them because of the location of the pipeline easement? Mr. Wensmann said he thought houses could be located on the lots. Mr. Asleson said language could be contained in the agreement that no variances would be granted because of the pipeline easement location. Councilmember Holton said the alignment of the southernmost east-west road should be a four-way intersection rather than two "T" intersections. Councilmember Savanick said some access from this plat to the eastern park area should be provided. Mayor Branning said some access to Outlot B for maintenance purposes should also be provided. MOTION: of Fitzsimmons, seconded by Savanick, amending the above motion by including a four-way intersection at the southern street, access to Outlot B and redesign of the lots crossed by the pipeline to accom- modate building sites without variances in the agreement. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:45 p.m. concerning vacation of a drainage easement on Lots 7 and 8 of Block 1 in Carrollwood Village Third Addition and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said the easement vacation is being requested because the lot line between Lots 7 and 8 is being moved. The house on Lot 7 was incorrectly placed. After the lot line change is completed, a new easement will be given. The Mayor asked for any questions or comments from the Council and audience; there being none, the hearing was closed at 8:46 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 1978 Page 5 MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-215 vacating the utility and drainage easement across Lots 7 and 8 of Block 1 in Carrollwood Village Third Addition. Ayes - 5 - Nays - 0. RES. 1978-215 VACATE EASEMENT CARROLLWOOD 3RD Mayor Branning called the public hearing to order at 8:47 p.m. on Project 78-9, improve- ments for the North Star Addition and surrounding area, and noted receipt of the affidavit of publication of the hearing notice. Robert Rosene showed the location of the proposed improvements on the map which involve extending the sanitary sewer trunk from the Trans Union property west to this area, extending the water trunk from 140th Street south along Johnny Cake Ridge Road to this area and storm sewer and street con- struction for a total cost of $892,000. Mr. Asleson said it is proposed to assess all property within one-fourth mile of the trunk extensions, except property previously assessed, for the costs. The present rates are $440 per acre for water trunk and $400 per acre for sanitary sewer trunk. Mike McNamara asked about assessments to his property? Mr. Asleson said only the acres that have not yet been assessed trunk charges will be assessed. The Mayor asked for any other questions from the Council and audience; there being none, the hearing was closed at 8:54 p.m. MOTION: of Hayes, seconded by Holton, approving the final plat of Apple Valley Industrial Park Second Addition and the development agreement and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. A.V. IND. PARK 2ND FINAL PLAT CROSS COUNTRY SKI AGREEMENT MOTION: of Fitssimmons, seconded by Hayes, approving an agreement with Journey Sports, Inc., to operate the cross country ski rental operation at Lebanon Hills Gelf Course and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. Mr. Asleson reviewed the existing City salary policies and said the personnel ordinance requires the Council to review the salary levels annually and make adjustments where appropriate. He said at this time, he would like direction from the Council as to whether it wants strict compliance with President Carter's voluntary wage program or wants to consider exceptions to this compliance? After some discussion, the Council generally agreed any salary increases should comply with the voluntary wage program, but some exceptions should be considered for positions where the salary is out of line for those positions. The Council received the preliminary engineering report on Project 78-15, Wheaton pond storm sewer, and it was reviewed by Mr. Rosene. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1978- 216 setting a public hearing at 8:00 p.m. on January 25, 1979, on Project 78-15, proposed storm sewer improvements to pond on Wheaton property. Ayes - 3 - Nays - 0 (Branning and Hayes abstained). RES. 1978-216 PROJ. 78-15 HEARING Mr. Asleson said Dakota County has tentatively scheduled receipt of bids for construction of 140th Street for January 17, 1979, and is asking the City for final approval of the plans. After the Council reviewed the plans, Councilmember Fitzsimmons asked about the widening at the intersections for turning lanes? Councilmember Hayes said he understood the road would be 52 feet wide at intersections for turning lanes and not as shown. Mr. Rosene said the County will designate turning lanes by markings within the roadway. Mr. Asleson suggested discussing this with the County Engineer and if the Council wants wider intersections, this could be an addendum to the plans or even a change order later. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 1978 Page 6 MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1978- RES. 1978-217 217 approving final plans for 140th Street, known as M.S.A.P. 140TH STREET 186-104-03 (City Project 77-14), from County Road 33 to Cedar FINAL PLANS Avenue and requesting the County to widen the intersections either by addendum to the plans or by change order. Mr. Rosene suggested approving the plans as prepared and asking the County why the intersections were designed as they were. Mayor Branning asked that someone from the County be present at the next meeting to discuss this. Motion and second agreed to reword the motion to approve the final plans only for 140th Street from County Road 33 to Cedar Avenue. Ayes - 4 - Nays - 1 (Fitzsimmons). MOTION: of Holton, seconded by Hayes, approving a Joint Powers Agree- ALIMAGNET J.P. ment with the City of Burnsville for construction, operation AGREEMENT and maintenance of the Lake Alimagnet storm water outlet and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, authorizing the expenditure of $2,920 to Husting and Engstrom, Inc., for the low quotation, to excavate a drainage area south of 145th Street on the Carroll property and approving an Agreement with Robert Carroll to discharge water on his property at a rental of $250 per year related to the Lake Alimagnet Outlet Project, Ayes - 5 - Nays - 0. EXCAVATION & DRAINAGE FOR ALIMAGNET OUT- LET PROJECT 1979 HEALTH INSURANCE RENEWAL RES. 1978-218 DESIGNATE STATE AID STREETS MOTION: of Hayes, seconded by Fitzsimmons, approving renewal of the City's health insurance for the year 1979 with United of Omaha with the health insurance coverage rate being $36.46 for employees only and $113.80 per month for employees with dependent coverage. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978- 218 designating 1.83 miles of State Aid Streets on 140th Street from Galaxie Avenue to Cedar Avenue and on Galaxie Avenue from County Road 42 to Cedar Avenue, south of County Road 42. Ayes - 5 - Nays - O. Councilmember Savanick said any articles for the "Council Table" newsletter must be given to her by December 15th, 1978. Mayor Branning read a letter from Charles Johnson to the other members of the Police Advisory Committee, thanking them and commending them for working with him. MOTION: of Holton, seconded by Hayes, to pay the claims and bills, checks numbered 6856 through 6872, 11024 through 11072, 11080 through 11132, 11144 through 11152 and 11154 through 11267, in the total amount of $1,715,601.46. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Hayes, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:18 o'clock p.m.