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HomeMy WebLinkAbout06/23/1977CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held June 23rd, 1977, at 7:00 o'clock p.m. . PRESENT: Mayor Branning; Councilmembers Fitzsimmons, Holton, Savanick and Hayes (attended until 8:15 p.m.); Clerk Asleson. ABSENT: None. Mayor Branning called the meeting to order at 7:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Fitzsimmons, seconded by Hayes, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 - Nays - 0. Mr. Asleson noted that the information concerning the Proposed permanent levy limit base adjustment he presented at the June 6th meeting has been corrected. In correcting the calculations, the amount should be $86,376 instead, of $88,655. MOTION: of Holton, seconded by Hayes, approving theminutes of the JUNE 6, 1977 meeting of June 6th, 1977,. as amended. MINUTES MOTION: of Holton, seconded by Hayes, Amending the above motion by correct- ing Resolution No. 1977-103 from $88,655 to $86,376. Ayes - 5 - Nays - 0. Vote was taken on the motion~as amended. Ayes , 5 - Nays , 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-104 RES. 1977-104 approving the preliminary plans for TrUnk .Highway Number 35E 35E PRELIM. within the limits of the City of Apple Valley. PLANS Mr. Merritt Linzie of the Minnesota Highway Department was present to answer questions. Councilmember Hayes asked when 35E would be constructed? Mr. Linzie said the construction will begin from the south and should be completed in 1981. Councilmember Savanick asked about the questions raised by the Planning Commission at its meeting of JUne 15th. Mr. Linzie said no trail is planned parallel to the highway and has not been reqUested. If it is believed one should be there, it should be requested now. and included in the plans. He said the actual roadway has been removed about 40 feet farther north, away from the Palomino Hills area, than was originally planned. Councilmember Savanick asked about the road Surface? Mr. Linzie said this has been studied and will probably be concrete. They also discussed the County Road 11 38 and 35 E interchanges. Vote was taken on the motion. .Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No, 1977-105 RES. i977-105 approving a change in deposit collateral at the First State Bank BANK COLLATERAL of Apple Valley, Ayes 5-.Nays - 0 Mr. Del Einess of Eagle Enterprises, explained Zaeco Company and Eagle Enterprises will be acting together to construct the Perkins Restaurant at the southwest corner of County Road 42 and Cedar Avenue. They are asking the Council, to give preliminary approval to use industrial revenue bonds to finance the restaurant construction. Mr. Asleson said the Dorsey law firm has reviewed this proposal and, if the Council gives preliminary approval, the proposal would then go to the Minnesota Department of Economic Development for its approval before coming back to the Council for final.approval. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1977 Page 2 MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-106 authorizing the issuance of Commercial Development Revenue Notes to finance a Perkins Restaurant in Apple Valley, and authorizing the preparation of the necessary documents. RES. 1977-106 PERKINg IND. REV. BONDS Councilmember Savanick asked if conventional financing would be available if this kind of financing were not used? Mr. Thomas Hay, of the Dorsey law firm, said he believed it could be arranged, but this type would be of more benefit. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-107 RES. 1977-107 ordering Project 76-19, utility, street and sidewalk improve- ORDER PROJECT merits in Academy Village, widening Garden View Drive and 76-19 sidewalk improvements on both sides of Garden View Drive from Westview north to County Road 38. The Mayor asked for any comments from the Council on the motion. Councilmember Fitzsimmons said she has looked at the area and talked with a School Board Member since the last meet- ing. She has found out the Palomino LakeshOre area is not further than one mile from the schools, except for the very last houses on Reflection Road, and the children could use the sidewalks to walk to school. Councilmember Hayes questioned to whom the cost will be assessed? The Mayor commented on the area assessment district procedures and said the assessment policy should be consistent with that proposed for the Garden View Drive sidewalks from Westview south to County Road 42. No members of the public wished to comment. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-108 RES. 1977-108 ordering Project 77-1, Hayes Road and Woods Additions street ORDER PR0~ECT and incidental drainage improvements. 77-1 The Mayor said he had discussed the improvements in the Woods Additions with Jim Frisbee who said the residents there would.agree to the improvements. The Mayor read a memo concerning the Hayes Road improvements and the alignment of the road right-of-way. He said the Council had previously determined the residents along Hayes Road would not be assessed for the street improvements and said the assessment district procedure should be used for the sidewalk assessments. Joe Shirk commented on traffic congestion at the intersection in the future when more of the area to the north has developed. John Voss said this intersection has been discussed with Dakota County and they have agreed Hayes Road should be a collector street. They do not believe traffic problems will be excessive and possibly a future traffic signal could be installed. Mr. Shirk asked who owns the additional 5.8 feet of right-of-way? Mr. Asleson said he had talked to a surveyor who said it apparently belongs to the City, Jim Sheldon agreed and said because there is a gap instead of an overlap, it is a surveying problem and the extra right-of- way would belong to the City. Mr. Patterson asked if there would be parking restrictions. The Mayor said no, there are none now and the City does not plan to change that now. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No.1977-RES.~ 1977-109 109 directing the Engineer to prepare plans and specifications PROJ. 77-1 for Project 77-1. Ayes - 5 - Nays - O. PLANS & SPECS. Councilmember Hayes left at this time, 8:15 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1977 Page 3 MOTION: of Holton seconded by FitzSimmons, adopting Resolution No. 1977- RES. 1977-110 110 approving the plans and specifications for Project 77-2;~ PROJ, 77-2 utility improvements; Project 76-11, Belmont storm sewer; and BID ADV. PrOject 76-19, Academy Village utilities; and authorizing advertisement for bids to be received at 2:00 p.m. on July 15th, 1977. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by FitzsimmOns, approving the Wildwood Fifth WILDWOOD 5TH Addition Development Agreement and final plat. AGRMT & PLAT John Gretz reviewed the preliminary plat of Wildwood 5th Addition for 13 townhouses. He said the Wildwood 4th Addition Agreement had a clause stating Exhibits A, B, and C of it must be completed before the developer petitions for the 5th Addition. The City Staff has agreed these items have been completed. Councilmember Savanick asked if a paragraph on tree disease control should be included in the agreement? Mr. Gretz said it would have to be very specific as to dates, etc in order to be enforceable. Jim Sheldon said he has viewed the site and agreed the items in Exhibits A, B and C have been completed. Philip Getz, an attorney representing Wildwood homeowners, said they do not want to stop development of the 5th Addition, but the homeowners still have some concerns. Sandra Hoban said she wanted to note the problems in the 1st Addition have been resolved, but there are still dead trees in the 2nd Addition which should be removed. She said they agreed to extending the park completion date from November 1976 to June 1, 1977, and it is not completed. She also said they do not believe the weed problem has been completed or landscaping on some of the slopes. Mr. Getz asked the Council to make approval of the 5th Addition contingent upon completion of the ball field and Exhibits A B. and C. He,alSo asked that criteria be established, to Judge when these items have been completed, John Gretz said some landscaping remains to be done around the pool and clubhouse area and the ball field seeding. Mike Bassett said the ball field has been.graded, but this is not a good time to seed and he recommends they wait and seed it this fall. Joe Dixon, Jr., representing Inland Construction, said they believe the items have been completed as required by the City except for the ball field seeding and some landscaping which are not part of Exhibits A, B or C Jim Sheldon said the Council should accept citizen input in considering this, but the actual agreements are between the City and the developer and the decisions are between them. Councilmember Savahick asked when the responsibility of the developer endsand the prop- erty owners take over? John Gretz said when an item has been completed by the developer, but the question is have the items been completed? Eldon Hugelen, landscape architect, commented on the weed and landscape questions. Councilmember Holton asked if the items in the Exhibits would be more complete two months from now than they are now? John Gretz said no, he Believes they are complete now except for the area along Herald Way which will be completed with the 4th Addition landscaping. Mayor Branning commented on literal and intended requirements of contracts. MOTION: Of Savanick seconded by Fitzsimmons, amending the above motion AMEND MOTION by adding a paragraph on tree disease control tO the Development Agreement. The Mayor said the City!s tree program already covers thiS and it does not need to be a specific iteM in the Agreement. C0uncilmember Holton agreed thiscould betOo confining a requirement and the City has the program already Councilmember Fitzsimmons said. she CITY OF APPLE VALLEY ~ Dakota County, Minnesota June 23, 1977 Page 4 viewed the urea and saw the dead trees. This provision would help the City enforce its tree disease control program. Mr. Asleson suggested language which could be included in the Agreement to cover this. Mr. Hugelen noted this could encourage developers to remove more trees than necessary to insure they would not have to come back and remove additional dead trees later. Vote was taken on the amendment to the motion. Ayes - 2 - Nays - 2 (Brannlng and Holton). Amendment Failed, Vote was taken on the motion. Ayes - 4 - Nays - 0. Mike Watkins presented a petition to the Council signed by residents of the City urging the Council to have two questions on the park bond referendum in September. One asking for $910,000 for park acquisition and development and the second one asking for $60,000 for land acquisition from the Forest Park area. Mayor Branning and the Council reviewed the specific items listed in proposals for a golf course clubhouse by J. M. Kelly Company and R. J. Smiley, Valley Development Associates. The Mayor asked Mr. Kelly if financing via industrial revenue bonds would not be available could they obtain other financing? Ne said he did not know, but thought it would be possible. Mr. Smiley was asked the same question and said he would prefer to use that method, but if it was not available they could try to arrange other financing. Steve Mattson; of Juran & Moody Inc. said his.office has reviewed information on both proposals and they do not believe either proposal is financially feasible for the use of industrial revenue bonds. Ha also said the information his office had was not as detailed as would be requested when they actually applied for financing and that inform- ation might change his opinion. The Mayor asked both'proposers if one party were given 120 days to obtain financing and was not able to accomplish it, would the other party be willing to take the project then? Both said they would evaluate their positions at that time. MOTION: vof Holton, seconded by Fitzsimmons, accepting the proposal of CLUBHOUSE R. J. Smiley, Valley Development Associates, to construct a PROPOSAL golf course clubhouse and to.complete flnancing and an agree ment with the City within 120 days and authorizing the Mayor to execute it. Ayes - 3 - Nays - 0 (Branning Abstained). The Mayor thanked the Kellys for taking the time to make their proposal to the City. MOTION: of Fitzsimmons, seconded by Holton, extending tonight's meet- ing beyond the adjournment time. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving the change in location of future street easements on unplatted property on the west side of Cedar Avenue south of the 135th Street align- ment for Jaxon Corporation asrecommended by the Planning Commission. Ayes - 4 - Nays - 0. EXTEND MEETING ST. EASEMENT LOCATION MOTION: of Savanick, seconded by Holton, approving a building permit for an addition to the SouthsideTV building on 147~h Street. Mayor Branning said if this permit were approved, it would be expanding a nonconforming use because it is not permitted in a B-3 zone and the area has not been rezoned to B-4 yet. He also said the Chamber of Commerce will be reviewing this zoning at its June 28th meeting. The motion and second withdrew and the Council agreed to consider this at its special meeting on June 29th. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1977 Page 5 MOTION: of Savanick, secondedby Fitzsimmons, granting a 6,4-foot:set. VARIANCE back variance for.a house on:Lot 4 of Block 2 of Palomino Lake, MEADOWS 3RD side Meadows Third:Addition. Couneilmember Holton said he disagrees with granting a variance for this because no hard- shiP is shown and the house Could.fit on'the lot and meet the.setback requirements. Vote was taken on,the motion. Ayes - 3 - Nays - 1 (Holton)~ MOTION: of Holton, seconded by Fitzsimmons, granting a 10-foot setback VARIANCE variance on 131st Street side, for a house on Lot 12 of Block CHATEAU ESTATES 1 ia Chateau Estates bedause of the topography as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, sec0nded by FitZsimmons, approving the preliminary PRELIM. PLAT plat of Heritage HillS 5th Addition (replat of Outlot A of H. HILLS 5TH Heritage Hills 2nd Addition) as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving the preliminary PRELIM. PLAT plat of Heritage Hills 4th Addition, south of Lower Hamlet H. HILLS 4TH Court, as recommended by the Planning Commission, and directing Staff to prepare the development agreement Ayes - 4- Nays , 0. The Council received a summary copy of Dakota County's Preliminary Health Services Plan. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1977- RES. 1977 -111 111 requesttng Dakota County to put Emergency Medical Services : COUNTY HEALTH as the third priority item in the Preliminary Health,Services. SERVICES PLAN Plan and add County Wide ambulance service to the fifth priority also asking whether the County has addressed the question of funding after the grant funds have been used. Ayes 4 - Nays- 0:. Councilmember Holton noted the County will be installing a flashing light at the inter- section of County Road ,42 and. Pilot Knob Road in the near future. MOTION: of Holton, seconded by Fitzsimmons, requesting the Urban Affairs GAMING MACHINE Committee to consider an ordinance regulating the use of gaming ORDINANCE devices in the City. Ayes- 4 - Nays: 0. MOTION: of Holton; seconded by Fitzsimmons, postpOning the 1977 street STREET SEAL seal coating program and cOmbining the funds with the 1978 funds COATING to apply a 2361 overlay on the:same streets as redommended by · the Public Works Director. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, authorizing the ParkDirector. SHADE TREE to apply for a shade:tree program grant from the Minnesota Depart.GRANTAPPLI- ment of Agriculture under Minnesota Statutes Section 18.023. CATION Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, authorizing Mike Bassett's BASSETT - TRAIL attendance at a Trail Planning Workshop inPalo Alto, California, WORKSHOP from July 6th through 8th, 1977. Ayes- 4 - Nays ' 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1977 Page 6 MOTION: of Branning, Seconded by Fitzsimmons, authorizing sharing in ~VOES - TRAIL the cost of John Voss's attendance at the Trail Planning WORKSHOP Workshop in Palo Alto, California, in the proportion the other Cities do. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Fitzsimmons, authorizing John Gretzs GRETZ - BUILDING attendance at the International Conference of Building Officials CONFERENCE in Coronado, California, from September 11th through 15th, 1977. Ayes - 4 - Nays - O. MOTION: of Fitzsimmons, seconded by Holton, approving a salary increase OLSON SALARY for G. Lyle Olson of $113~00 monthly effective July 1, 1977. INCREASE Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No.1977-RES. 1977-112 112 setting a salary schedule for parttime pool and recreation SALARY SCHEDULE employees for the remainder of 1977. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Fitzsimmons, approving hiring various HIRE PARTTIME parttime employees at the salaries and dates as listed on EMPLOYEES the memo dated June 20, 1977. Ayes 4 - Nays- 0. MOTION: of Holton, seconded by Savanick, approving hiringTherese ''HIRING POLICE Newell as a permanent parttime Police Dispatcher at $3.69 per DISPATCHER hour effective June 20, 1977. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving changing the SLONINA FULL- status of Betty Slonina, a Police Dispatcher, from permanent TIME DISPATCHER parttime to fulltime effective July 2, 1977. Ayes - 2 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, authorizing the Engineer to PRELIM. REPORT prepare a preliminary report for street improvements on Garrett GARRETT AVENUE Avenue, from 146th Street to 147th Street. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving Change Order No. PROJECT 76-15 1 to Project 76-15, Greenleaf 11th Addition Sewer and Water, CHANGE ORDER 1 of an additional $5,886.90. Ayes - 4 - Nays - O. MOTION:of Holton, seconded by Savanick, adopting Resolution No~ 1977- RES. 1977-113 113 requesting the Housing and Redevelopment Authority of HOME IMPROVE- Dakota County to include Apple Valley in its application for ! MENT GRANT State Home Improvement Grant Program funds and operate the program in the City. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving Change Order No. 2 to Project 76-7 for Essex Avenue construction, 44 feet wide with sidewalks on both sides, in the amount of $16,885.50. Ayes - 4 - Nays - 0. PROJECT 76-7 CHANGE ORDER 2 RES. 1977-114 PROJ. 76-18 BID AWARD MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1977-114 awarding the contract for Project 76-18, Greenleaf 12th Addition water and sewer extensions, to Fredrickson Excavating, the low bidder, in the amount of $191,132.10. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1977 Page 7 MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. RES. 1977-115 1977-115 requesting cost sharing from the Department of Natural LAKE ALIMAGNET Resources in the amount of $18,000 for improving Lake Alimagnet's GRANT APP. water quality. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 'RES. 1977-116 1977-116 authorizing a temporary transfer of $190,304.56 from the TRANSFER TO Water and Sewer Fund (28) to the Temporary Improvement. Bond Fund BOND FUND of July 1, 1974 (70). Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving a 1977 refuse haulers license for Cook's Sanitation Service Inc. Ayes - 4 - Nays - 0. REFUSE LICENSE COOK'S SANIT. The Council discussed appointments to fill the vacancies on the Park Committee and Cable TV Commission. Since no information was included for tonight's meeting~ the Council agreed to handle this at its special meeting on June 29th. Councilmember Savanick requested that all articles for the "Council Table" newsletter be given to her by Monday, June 27th, 1977. Mayor Branning said the Apple Valley Jaycees have contacted him and said they have been discussing purchasing CB radios for the Police Squad cars.' MOTION: of Savanick, seconded by Fitzsimmons, to pay the claims and bills, checks numbered 3830 through 3856, 5048 through 5154 and 5162 through 5226, in the total amount of $1,478,092.56. Ayes - 4 - Nays - 0. cLAIMS & BILLS MOTION: of Fitzsimmons, seconded by Savanick, to a~journ. Ayes - 4 - Nays - 0. The meeting adjourned at 11:23 o'clock p.m.