HomeMy WebLinkAbout12/08/1977CITY OF APPLE VALLEY
Dakota County, Minnesota
December 8, 1977
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held December 8th, 1977, at 7:00 o'clock p.m.
PRESENT: Mayor Branning, Councilmembers Fitzsimmons, Holton, Savanick and Hayes
(attended at 8:15 p.m.); Clerk Asleson.
ABSENT: None.
Mayor Branning called the meeting to order at 7:00 p.mo The Councilmembers and every-
one in attendance took part in the pledge of allegiance to the flag.
MOTION: of Holton, seconded by Fitzsimmons, approving the agenda for
tonight's meeting as amended. Ayes - 4 - Nays - 0.
APPROVE AGENDA
NOV. 22, 1977
MINUTES
MOTION: of Fitzsimmons, seconded by Holton, approving the minutes of
the meeting of November 22nd, 1977~ as written. Ayes - 3 -
Nays - 0 (Savanick Abstained).
Councilmember Savanick reviewed the duties of the Planning Consultant, who has resigned
effective January 1 1978 and presented a proposal for hiring a staff planner and
reorganizing the Public Works Department and Planning under a Community Services Director.
The Community Services Director would also work with the Planning Commission and prepare
its agenda. She said she would like the Council and Staff to consider this proposal and
how the details of it could be worked out and discuss this further at the next Council
meeting. The Council agreed this was a good proposal and should be implemented.
MOTION: of Holton, seconded by Fitzsimmons, appointing John Gretz to GRETZ PLANNING
handle Planning Commission items and agendas effective January 1, RESPONSIBILITY
1978. Ayes - 4 - Nays - 0.
Consideration of City Hall furnishings and award of a contract to Fireside Office Supply
for them was tabled.
Bill Dolan reviewed the area in the Cobblestones Planned Development, located west of
Garden View Drive, south of Palomino Drive and approximately northeast of the 140th
Street alignment. The revisions they are proposing to the Planned Development are estate
type lots southwest of Palomino and Garden View Drive, single family and double lots
abutting and east of the golf course, an apartment area and moving the commercial area
further west. The first addition would be single family lots and 15 double bungalow
lots. Mike Garrison, also representing the developers, presented booklets describing
the comparisons between the existing Planned Development and the revisions they are
proposing which include reducing the total dwelling units from 804 to 542. He also
discussed several proposals for the intersections of future County Road 38~ 140th Street
and County Road 11. Councilmember Hayes attended at this time.
MOTION: of Holton NO SECOND, giving concept approval for the revisions to the
Cobblestones Planned Development and directing Staff to prepare the
written agreement as recommended by the Planning Commission. (Motion
died for lack of a second.)
Councilmember Fitzsimmons asked if giving concept approval would limit the alignments
of 140th Street and County Road 38? Mike Garrison said they have shown alternatives
for this intersection and are asking the Council to make a decision on what it should ·
be.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 8, 1977
Page 2
He said the City has already determined the alignment of 140th Street because there
is a gasline running parallel to it and only the alignment of future County Road 38 is
in question. He said if the alignment is moved further north they are asking that the
gas station use shown for the north side be moved to the south side of County Road 38.
This could be part of the agreement.
MOTION: of Holton, seconded by Savanick, giving concept approval for CONCEPT APPROVAL
the revisions to the Cobblestones Planned Development and COBBLESTONES
directing staff to prepare the written agreement as recommended
by the Planning Commission subject to the intersection alignment
of County Road 38, 140th Street and County Road 11 being negotiated
between the Engineer and the developer.
Councilmember Savanick said she still has questions on the size of the commercial area.
Mayor Branning asked about the policy involved in reviewing this proposal, whether it is
a revision of a planned development or a new plan? Councilmember Savanick also said
the Planning Commission should have discussed the concept of village center uses related
to the plaza area. Councilmember Holton said he agrees with the Planning Commission's
recommendation to approve this plan, and believes the uses shown are good for this area
which will be a busy intersection.
MOTION: of Holton, seconded by Savanick, to call for a vote on the motion.
Ayes - 5 - Nays - 0.
Vote was taken on the motion. Ayes - 2 -Nays - 3 (Branning, Fitzsimmons
and Savanick).
Mayor Branning asked the Planning Commission to review this at its next meeting and
address the plaza area uses and location, the location of the apartments across from a
residential area and have the Park Director again review the park situation, Mr. Garrison
asked Council to give them a list of each member's individual concerns so they will be
able to answer them. The Mayor said this would be given to the developers and the
Planning Commission.
Paul Gilje, who was a member of the Northwest Dakota County Group Homes Study Committee,
was present to discuss a report by the Committee. They studied living arrangements for
persons who, for one reason or another, are unable to live at home, in a foster home or
in an institution and found facilities lacking in Dakota County for group type living
arrangements. They are asking communities to evaluate their ordinances to see how this
use can fit into the communities. They are also asking the County Human Services Board
to set up an advisory group representing Northwestern Dakota County in considering these
facilities and are asking the City Council to support this request.
Jim Sheldon commented that the Council should be aware many developers have placed
restrictive covenants on property limiting the uses to single family homes, etc., and the
City Ordinances cannot override these. The Council thanked Mr. Gilje for his requmsts
and asked the Urban Affairs Committee to review City ordinances in relation to this.
MOTION: of Holton, seconded by Hayes, approving an ambulance service AMBULANCE
agreement between Apple Valley, Burnsville, Farmington, and AGREEMENT
Lakeville and Smith Ambulance Service, as presented, with
the words "90 percent of the time" added at the end of item 3
and authorizing the Mayor and City Clerk to sign the Agreement.
Ayes - 5 - Nays - 0.
The Mayor asked the City Attorney to review a copy of the Agreement.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 8, 1977
Page 3
Councilmember Fitzsimmons said she has been asked to serve on a state committee study-
ing state and county medical services, the training of paramedics, etco, and asked the
Council to submit any input on this to her.
MOTION: of Holton, seconded by Hayes, granting a variance for a pylon PIZZA HUT
sign of 84 square feet for Pizza Hut Restaurant on 149th SIGN VARIANCE
Street, 66 feet east of Granada as recommended by the Planning
Commission. Ayes - 4 - Nays - 1 (Fitzsimmons).
MOTION: of Holton, seconded by Savanick, approving a special permit for ZOO SIGNS
directional signs for the Zoo at Cedar Avenue and County Road 42
and at Johnny Cake Ridge Road and County Road 42. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1977- RES. 1977-247
247 establishing a policy on flags and flag poles under 100 FLAG POLICY
feet in height stating that they do not need to be regulated
unless they interfere with traffic visibility as recommended
by the Urban Affairs Committee.
MOTION: Of Hayes, seconded by Fitzsimmons, amending the above motion by
eliminating item 3 (reference to the Perkins Restaurant flag)
of the Urban Affairs Committee recormmendation. Ayes - 4 - Nays - 1
(Holton).
Vote was taken on the motion as amended. Ayes - 5 - Nays - 0.
MOTION: of tlolton, seconded by Savanick approving an agreement with
Journey Sports, Inc. to operate a cross country ski rental and
lesson program at Lebanon Hills Golf Course and authorizing the
Mayor and City Clerk to sign it subject to approval of the City
Attorney. Ayes -- 5 - Nays - 0.
CROSS COUNTRY
SKI PROGPRAM
MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1977- ~S. 1977-248
248 awarding the contract for Project 76-2, 140th Street improve- J~AP~ PROJ.
ments between Garden View Drive and the Apple Valley Golf Course 76-2
to Alexander Construction Co., the low bidder, in the amount of
$90,929.11. Ayes - 5 - Nays - 0.
MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No.
1977-249 awarding the contract for Project 77-9, utility
improvements in Apple Valley East 2nd and Carrollwood Village
Third Additions, to Parrott Construction Co., the low bidder,
in the amount of $170,175.66. Ayes - 5 - Nays - 0.
RES. 1977-249
AWARD PROJ.
77-9
MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-250
awarding purchase of a pump for Deep Well No. 7 to Bergerson
Caswell, Inc., the low bidder, including the deduct alternate,
for a total of $15,995.00. Ayes - 5 - Nays - 0.
RES. 1977-250
DEEP WELL 7
PUMP
CHANGE ORDER 3
PROJ. 77-2
MOTION: of Holton, seconded by Hayes, approving Change Order No. 3 to
Project 77-2 of an additional $3,819.00 for extension of an
existing storm sewer pipe to Alimagnet Lake.
Clerk Asleson said this could be paid from the general fund. The
Mayor asked that it be paid from the storm sewer trunk funds.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 8, 1977
Page 4
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977- RES. 1977-251
251 setting a public hearing on vacation of a portion of Birch- BIRCHWOOD DR.
wood Drive and Circle Court in Farquar Lake Addition, as VACATION HRNG.
recommended by the Planning Commission, on January 12, 1978,
at 8:00 p.m. Ayes - 5 - Nays - 0.
MOTION: of Hayes, seconded by Holton, declaring Outlot E of Farquar
Lake Addition as non-conservation land and permit tax for-
feited land proceedings on it. Ayes - 5 - Nays - 0.
OUTLOT E
FARQUAR LAKE
MOTION: of Holton, seconded by Hayes, approving an extension of the CETA AGREEMENT
Agreement with Dakota County CETA for Title VI funds for the EXTENSION
period October 1, 1977 to September 30, 1978 and authorizing
the Mayor and City Clerk to sign it. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977- RES. 1977-252
252 declaring Ordinance Number 56, 115 and 127 permanently UNUSED ORDINANCE
vacant for clarification of City records. Ayes - 5 - Nays - 0. NUMBERS
MOTION: of Holton, seconded by Hayes, approving hiring parttime skat- HIRE PARTTIME
ing rink attendants and employees as listed on the memo, dated PERSONNEL
December 5, 1977, effective December 12, 1977. Ayes - 5 -
Nays - 0.
The Council noted the Minnesota Department of Transportation will be holding a public
hearing at the Apple Valley Senior High School on December 14th, 1977, at 7:30 p.m.
Staff of MNDOT will be present from 4:00 to 7:30 p.m. to answer questions.
Mayor Branning said he received a call from a representative of the Herald Minority
Dispatch asking about the City's planning an ad on equal opportunity employment. He said
it turned out the newspaper was in California and he was misled in believing the City
had previously advertised with them and that he had written a letter to them cancelling
the advertisement.
MOTION: of Fitzsimmons, seconded by Holton, to pay the claims and bills CLAIMS & BILLS
checks numbered 6456 through 6471 and 7194 through 7206 and
7208 through 7315, in the total amount of $904,841.38. Ayes - 5
- Nays - 0.
MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0.
The meeting adjourned at 10:24 o'clock p.m.