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HomeMy WebLinkAbout08/11/1977CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1977 Minutes of the meeting Of the City Council of Apple Valley, Dakota County, Minnesota held August 11th, 1977 at 7:00 o'clock p.m. PRESENT: Mayor Branning, Councilmembers Fitzsimmons, Hayes and Savanick, Clerk Asleson. ABSENT: C0unciimember Holton. Mayor Branning called the'meeting to order at 7:00 p.m. The Councilmembers and everyone in attendance took part in thelpledge of allegiance to the flag. MOTION: of FitzsimmonS, seconded by Hayes, approVing the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 4 - Nays - 0~ MOTION: of Hayes, seconded by Fitzsimmons, approving the minutes of the JULY 25, 1977 meeting of July 25thl 1977, as written. Ayes - 3 - Nays - 0 MINUTES (Branning. AbStained). MOTION: of Fitzsimmons, seconded by Hayes, approving the minutes of the JULY 28, 1977 meeting 0f July 28th, 1977, as written. Ayes - 4 - Nays -0. MINUTES MOTION: of Hayes, seconded by Savanick, designating Councilmember Holton to attend the Burnsville School Distridt Community Services Program meeting August 16th, 1977, at 7:30 p.m. and Council- member Savanick to be an alternate Lo the meeting. Ayes - 4- Nays - 0. HOLTON BURNS- VILLE COM. SERV MEETING Councilmember Fitzsimmons will attend the Rosemount School District Community Services Program meeting when it is held. MOTION: of Fitzsimmons, Seconded by Hayes, adopting Resolution No. 1977- RES. 1977-150 150 authorizing issuance of a duplicate bond in-the amount of ~ REPLACE BOND $5,000.00 to the estate of Harold B. Johnson as prescribed by State Law. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded bY savanick, accepting Project-76-12(3), ACCEPT WELL NO. Deep Well No 6 pump, and authorizing final payment to Lee 6 pUMP Rtehert Plumbing & Heating. Ayes - 4 - NaYs - 0. MOTION: of Hayes, seconded bY Fitzsimm0ns, accepting Project 76-15, ACCEPT PROJECT Greenleaf llth Addition utilities, and authorizing final 76-15 payment to Peter Lametti Construction. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded.by Fitzsimmons approving the Agreement for CONST. AGREE- DakOta County Project No. 38-05, County Road 38 easterly from MENT CO. RD.38 Pilot Knob Road for approximately 1,800 feet, and authorizing the Mayor And Clerk Sign it. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsinnnons,.approving the Subdivision Agreement and final plat for Heritage HilIs 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. HERITAGE HILLS 4TH ADDN, AGRMT CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1977 Page 2 John Gretz reviewed the layout of the proposed Apple Valley East 2nd Addition. Mr. Robert Killian, a resident of Apple Valley East Addition, was present and commented on title problems on the remaining lots in that Addition. Mr. Broback~ developer of the 2nd Addition~ was present and said he will have title insurance on the property he is purchasing to assure he will have clear title to the property he is purchasing. It was noted that the 2nd Addition is not involved with the 1st Addition, other than being next to it or the developer of the 1st Addition. The Mayor asked whether the City should require title insurance in agreements. John Voss said some cities do require persons platting property to provide title insurance at the time the final plat is signed. Jim Sheldon commented on this and on mechanics liens. Part of the problems involved in obtaining clear title on the lots in the 1st Addition relate to mortgage foreclosure actions and Mr. Sheldon said there is nothing the City can do to prevent that from occurring. MOTION: of Hayes, seconded by Fitzsimmons, approving the Subdivision Agreement and final plat for Apple Valley East 2nd Addition and authorizing the Mayor and Clerk to sign the same subject to at the developer's option, the City Attorney reviewing the abstract of title or the City being covered under the title insurance. Ayes - 4 - Nays - 0. A.V. EAST 2ND AGREEMENT PRELIM. REPORT A.V. EAST 2ND MOTION: of Hayes, seconded by Fitzsimmons, authorizing the Engineer to prepare a preliminary report on utility and street, improve- ments in Apple Valley East 2nd Addition. Ayes - 4 - Nays - 0. Mr. Jake 0'Toole of the Dakota County Assessor's Office was present with proposed tax abatements on some property. MOTION: of Fitzsimmons, seconded by Hayes, approving tax abatements TAX ABATEMENTS' as recommended by the Dakota County Assessor, as listed, on parcel numbers 01-20500-020-00, 01-01000-010-01, 01-11711-040-01 and 01-44650-010-01. Ayes - 4 - Nays - 0. The Mayor called the public hearing to order on the application of Apple Place, Inc., for an on-sale liquor license at 7:55 p.m. The license is presently in the name of Apple Development at 14719 Garrett Avenue and Apple Place, Inc., is purchasing the property. Mr. Richard Berry, of Apple Place, Inc., was present. The Mayor asked for any questions or comments from the Council, Staff and Public. Councilmember Savanick asked if Mr. Berry still resides in Iowa. He said he had now moved-to Apple Valley. After an opportunity had been given for anyone to comment~ the Mayor declared ~the hearing closed at 7:59 p.m. According to the City ordinance, the City Council cannot approve an on-sale liquor license the same night the public hearing is held and approval of this will be scheduled for the August 25th, 1977, meeting. Mr. Stan Schaefer was present to discuss the public official liability insurance. He said this type of policy provides insurance coverage which the City's present policies do not cover. It includes all errors and omissions of elected or appointed City officials and staff and covers the cost of damages and court costs. MOTION: of Hayes, seconded by Fitzsimmons, approving purchasing public official liability insurance through the Stan Schaefer Agency with Bowes & Company at an annual premium of $2,254.00. Ayes - 4 - Nays - 0. PUBLIC OFFICIAL LIABILITY INS. CITY OF APPLE VALLEY Dakota County, Minnesota A~gust 11, 1977 Page 3 The Mayor called the public hearing to order at 8:10 p.m. on Project 76-14, improvements in Cobblestone Lakeview Addition. Clerk Asleson Said the affidavit of publication had been received. Keith Gordon reviewed the layout of utilities, storm sewer and street improvements in the subdivision. The Mayor Called for any questions or comments from the Council, Staff and public. There being none, the hearing Was closed at 8:15 p.m~ MOTION: of Fltzsimmons, seconded by Hayes, adopting Resolution No. 1977- RES. 1977-151 151 ordering ProJect 76-14, improvements in Cobblestone Lakeview ORDER PROJ. Addition. Ayes - 4'- Nays - 0. 76-14 MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1977- RES. 1977-152 152 approving plans and specifications for Project 76-14 and P & S ~ BIDS authorizing advertisement of bids to be received September 8th, 1977, at 2:00 p.m. Ayes 4 - Nays - 0. The May0r called the public hearing tO order at 8:16 p.m. On Project 77-7, Garrett Avenue. street improvements. Clerk Asleson said the affidavit of publication had been received Keith Cordon reviewed the improvements to Garrett Avenue from where it exists, south of 146th Street, to 147th Street. It will be a seven-ton street and the costs will be assessed to the abutting pr0pertyowners. The Mayor called for any questions or comments from the Council, Staff and public. There being none, the hearing was closed at 8:17 p.m. MOTION: of Hayes, seconded by Fitzsimmons adopting Resolution No. 1977' RES. 1977-153 153 ordering project 77-7, Garrett Avenue street and sidewalk ORDER PROJ. improvements. Ayes - 4 - Nays - 0. 77-7 MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1977- RES. 1977-154 154 directing the Engineer to prepare plans and specifications PROJ. 77-7 for Project 77-7 Ayes - 4 -- Nays 0. P & 8 MOTION: of Hayes, sec0nded by Savanick, adopting Resolution No. 1977-155 RES. 1977~155 accepting and thanking the Apple Valley Jaycees for donating five JAYCEES DONATIO1 40-channel citizen band radios to the Police DePartment. Ayes - 4 - Nays - 0 Mr. Mike Watkins and Mr. Mike Chulyak of the Jaycees were present to give the City a check for $105.00 for signs which will be posted at entrances to the City stating Apple Valley PoliCe Monitor CB Channel 19 Mr. Waklns als0 said the Jaycees Want to express that they feel theApple Valley Police DePartment is doing an excellent Job for the City. The Mayor called the public hearing to 9rder at 8:33 p.m. on Project 77-5,utility and street improvements for FOrest Park. ClsrkAsleson said the Affidavit of public- ation had been received. Keith Gordon. reviewed the proposed improvements andsaid the layout of the sanitary sewer and water had been changed, at the request of the developer, from the preliminary report. The sanitary sewer and water will be within the street rights,of-Way and nOt along any rear lot lines to save trees on the property. This will increase the cost byabout $10,000. The storm sewer will include six ponding areas. Overflow pipes will not be installed in the ponding areas. The Department of Natural Resources agreed with overland overflow rather than pipes because it will help filter the storm water before it reaches Lake Alimagnet Coundil- member Savanick asked what the deepest trench will be?' Mr. GOrdon said in Phase I, CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1977 Page 4 12 feet. In Phase II a very short trench will be 30 feet deep. Mayor Branning asked about requiring a bond for future storm sewer pipe, should it become necessary to install it? Mr. Gordon said the cost is covered in trunk storm sewer assessments. Clerk Asleson explained the storm sewer area trunk charge policy. The Mayor asked for questions or comments from the Council, Staff and public. There being none, the hearing was closed at 8:45 p.m. MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977-156RES. 1977-156 ordering Project 77-5, Phase 1, utility and street improve- ORDER PROJ.77-5 ments in Forest Park. Ayes - 4 - Nays - 0. MOTION:of Hayes, seconded by, Fitzsimmons, approving the Preliminary Plat Agreement for Forest Park area west of Garden .ViewDrive and north of Walnut Lane. Ayes - 4 - Nays - 0. FOREST PARK PI~ELIM. PLAT AGREEMENT MOTION: of Hayes, seconded by.Savanick, approving the Subdivision FOREST PAiLK 1st Agreementfor Forest Park First Addition and the final plat AGP, MT. & PLAT and authorizing the Mayor and Clerk to sign the same. Councilmember Savanick asked whether a paragraph on tree disease control should be added to the. Agreement. Mayor Branning said he did not think it was necessary .since this is covered by City ordinance. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: kof Hayes, seconded by Savanick, adopting Resolution No. 1977- RES. 1977-157 157 directing the Engineer to prepare plans and specifications PLANS & SPECS for Project 77-5. Ayes -4 - Nays - 0, PROJECT 77-5 The Council received a revised preliminary engineering report on the:proposed Longridge development, south of Whitney Drive and east of Garden View Drive. Keith Gordon reviewed it and said it includes two phases with a water reservoir in the second phase. MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977- RES. 1977-158 158 setting a public hearing on improvements in Longridge LONGRIDGE development for September 6th, 1977, at 7:30 p.m. HEARING Ayes - 4 - Nays - 0. · MOTION: of Hayes, seconded by Fitzsimmons, approving a Planned Develop- LONGRIDGE P.D. ment Agreement for Longridge and authorizing the Mayor and AGREEMENT Clerk to sign it. Mike Bassett commented on the park dedication provided in the Agreement and said he believes an additional acres (approximately two lots) should be added to the parkand the one remaining acre accepted as a cash dedication. Councilmember Fitzsimmons said she would like to have the property appraised to determine the value of the cash dedication. MOTION: of Hayes, NO. SECOND, amending the above motion by changing paragraph 10. A of the. Agreement to 15 acres of land and paragraph 10. B to one acre at an amount of $4,000. Motion failed. MOTION: of Fitzsimmons, seconded bySavanick, amending the original motion by changing paragraph I0. A of the Agreement to 15 acres of land and paragraph 10. B to one acre in cash with the amount to be determined by the average of three appraisals. CITY OF APPLE VALLEY Dakota County,. Minnesota August 11, 1977 Page 5 The Council discussed park dedication percentages and costs to developers. The cost of appraisals and their advantages and disadvantages were also discussed. Councilmembers Fitzsimmons and Savanick withdrew the motion and second. MOTION: of Branning, seconded by Hayes, amending the original motion by changing Paragraph 10. A of the Agreement to 15 acres of land and paragraph 10. B to one acre at an amount of $4,000. Ayes - 3 - Nays - 1 (Fitzsimmons). Vote was taken on the original motion-as amended. Ayes - 3 - Nays - 1 (Fitzsimmons). MOTION: of Hayes, seconded by Savanick, approving the Subdivision Agreer ment for Longridge First Addition and the final plat and author- izing the Mayor and Clerk to sign the same. Ayes - 4- Nays- 0. LONGRIDGE lST AGREEMENT MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977- RES. 1977-159 159 directing the Engineer to prepare plans and specifications LONGRI~GE P&S for improvements in Longridge. Ayes - 4~, Nays - 0. The Council discussed information on a LAWCON grant application for Alimagnet Park. Mike Bassett said the City can 0nly receive funding for one park. He will have the Council approve the application, after the details on it have been completed. The Council received an reviewed a preliminary draft of the park bond brochure on which the Park Committee has been working. More work will be done on details about individual parks before the brochure is submitted for final approval, MOTION: of Hayes, seconded by Branning, granting a 11.7-foot variance, VARIANCE or a 18-foot setback from the street right-of-way, on the east DIAMOND PATH side of Lot 7 of Block 5 in Diamond Path Second Addition, for a house.- Ayes.- 4 -Nays - 0 Glen Galles of Apple Valley Offices, Inc., was present to request preliminary plat approval for replatting an outlet at the. northeast corner of Cedar Avenue and 147th Street. He said Spring Real Estate Company intends to purchase the land for a building site. Mr. Galles said the proposed preliminary plat show at the Planning Commission meeting provided for 18 parking spaces and a building which would meet the setback requirements. He said the architect who drew the plans did not draw the parking spaces to scale. He was informed of this today and the property would accommodate 20 parking spaces as required. He said they are selling the property contingent upon their approval of the architecture of the proposed building so it will be compatible with their building to the east. Mr. Galles said the lot will be 18,000 square feet and is a buildable lot and a well- designed building will improve the appearance of the corner. He said Minnehaha Falls Nursery presently has two accesses to Cedar Avenue. When he first proposed platting this lot. it was discusSed that the City and County purchase the land and construct a service drive to the nursery from 147th Street and close the Cedar Avenue accesses. Mr. Galles said he does not believe this is a good alternative because the nursery also has access via Glazier Avenue from the east. The Mayor requested this item be tabled for two. weeks for further consideration. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1977 Page 6 MOTION: of Fitzsimmons, seconded by Savanick, extending tonight's' meeting beyond the adjournment time. Ayes - 4 - Nays - O. EXTEND MEETING MOTION: of Hayes, seconded.by Fitzsimmons, adopting Resolution No. 1977-RES. 1977-160 160 approving plane and specifications for City Hall land- LANDSCAPE BIDS scaptng and authorizing advertisement for bide to be received September 8, 1977, at 2:00 p.m. Ayes - 4 - Nays - 0. Councilmember Fitzsimmons said Mike Chutyak of Minnehaha Falls Nursery advised on the preparation of the plans and wanted to thank him for his time. MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977- 161 awarding the contract for Project 76-20(1), Garden View Drive and Academy Village street, and sidewalk improvements, to McNamara-Vivant Contracting, the low bidder, in the amount of $213,718.00. Ayes - 4 - Nays - 0. RES. 1977-161 AWARD CONTRACT PROJ. 76-20(i) MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1977-RES. 1977-162 162 setting public hearings on assessment.rolls numbered. 126- ASSMT. ROLLS 135 for September 6th 1977, beginning at 7:00 p.m. PUB. HEARING Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Hayes adopting Resolution No. 1977-163 RES. 1977-163 approving plans and specifications for televisedsanitary SEWER INSPECT. sewer inspections and authorizing advertisement for bids to PLANS & BIDS be received September 2nd, 1977, at 2:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, tabling consideration of appointments to the Cable TV Commission for two weeks when Councilmember Holton will be present. Ayes - 4 - Nays - 0. TABLE CABLE TV COMM. APPT. REDUCE PALOMINO MEADOWS BONDS MOTION: of Hayes, seconded by Fitzsimmons, reducing the following bonds covering Palomino Lakeside Meadows area: #400DP 0912 from $14,845 to 0, #400DX 9135 from $92,260 to $25,000, and #400DX 9136 from $198,000 to 0 and reducing #400EP 6630 cover- ing Palomino~ills 6th Addition Replat from $95,800 to $25,000 as recommended by the City Clerk. Ayes - 4- Nays - 0. . Mr. Asleson reviewed calculations to determine a dwelling unit cost, which will be pay- able with building permits, to provide for payment of construction of arterial roads in the City. MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977- RES..1977-164 164 establishing a policy for payment of construction of ROAD POLICY arterial roads and authorizing a charge of $175.00 per dwell- ing unit be collected with building permits. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, approving a salary increase for Carl Stenderson of $128.00 per month effective July 15th, 1977. Ayes - 4 - Nays - 0. STENDERSON SALARY INCREASE RECRUIT ACCTS. PAYABLE CLERK MOTION: of Savanick, seconded by Hayes, authorizing recruitment of an Accounts Payable Clerk with the position to be funded by CETA, if possible. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1977 Page 7 MOTION: of Hayes, seconded by Savanick, authorizing recruitment of a Building Inspector II. Ayes - 4 - Nays - 0. RECRUIT BLDG. INSPECTOR HIRE PARTTIME EMPLOYEE MOTION: of Hayes, seconded by Savanick, approving hiring Milton Sheldon as Groundskeeper II at $3.00 per hour effective August 11, 1977. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, approving a transient merchant TPJuNS. MERC. license and temporary on-sale 3.2 beer license for Mike Spillane & 3.2 BEER LIC. on August 27 and 28, 1977, at Westview Cor~nunity Center for a soft- ball tournament. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsi~ons, authorizing the Engineer to prepare a preliminary report for extending sanitary sewer and water service to parcel 01-02500-010-02 as petitioned by Richard Osment subject to Mr. Ozment paying the estimated cost of pre- paring the report before it is prepared. Ayes - 4 - Nays - 0. PRELIM. REPORT OZMENT PROPERTY Couneilmember Savanick said she has taken the "Council Table" newsletter to the printer. MOTION: of Hayes, seconded by Savanick, to pay the claims and bills, checks numbered 3893 through 3906 and 5588 through 5739, in the total amount of $518,568.28. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Hayes, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:20 o'clock p.m.