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HomeMy WebLinkAbout07/23/1975CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1975 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 23rd, 1975, at 7:30 o'clock p.m. PRESENT: Mayor Largen; Councilmen Branning, Garrison, Hayes and Holton; Clerk Asleson. ABSENT: None. Mayor Largen called the meeting to order at 7:30 p.m. Ail residents in attendance took part in the pledge of allegiance to the flag and Mayor Largen gave the invocation. MOTION: of Garrison, seconded by Holton, approving the minutes of the meet- JULY 9, 1975 ing of July 9th, 1975, as corrected. Ayes - 4 - Nays - 0 MINUTES (Largen abstained). MOTION: of Branning, seconded by Holton, approving the minutes of the meet- JULY 16, 1975 ing of July 16th, 1975, as written. Ayes - 4 - Nays - 0. MINUTES (Largen abstained). MOTION: of Garrison, seconded by Holton, approving the tax abatements as pre- TAX ABATEMENT. sented by Jake O'Toole of the Assessor's office, list attached. Ayes - 5 - Nays - 0. The City Clerk commented on the City's answer to the community service groups' question on use priorities of the City's buildings. It is interpreted that regular City sponsored groups, youth-serving organizations and community and civic groups are given equal priority. Carol Johnson of the Mrs. Jaycees presented a petition requesting storage facilities for other community service groups be considered at the Westview Building or any addition to it that might be constructed. Councilman Branning restated his concern that City facilities should be for all groups and financed by a bond issue. Councilman Holton commented to Mrs. Johnson that the Mrs. Jaycees should have checked with the City for answers to their questions before publishing their letter in the newspaper. The use of a questionnaire to determine what kind of facilities might be required was also discussed. The City Clerk reviewed the Council's discussion of July 16, 1975, concerning setup and dance permits for the Apple Rollerway~ He then read a letter from the City Attorney stating the City could not issue both permits, but could only issue the setup permit if the State dance law were ignored. MOTION: of Branning, seconded by Garrison (which was withdrawn) to repeal Ordinance No. 59, the dance permit ordinance, and refer the matter to the Urban Affairs Committee for redrafting. (Motion failed for lack of second) The Urban Affairs Committee was requested to review the dance ordinance and have a redraft of it for the next meeting. The City Clerk noted the Council members received a letter from Mr. Gunn, Patrick Calistro's attorney, just before tonight's meeting. He reviewed the facts that the condemnation proceedings have been held and Mr. Calistro now requests his driveway access be from Cedar Avenue, as it has been~ rather than from 140th Street as proposed, Mr. Calistro then read the letter from his attorney listing the differences between Mr. Calistro and the City. James Sheldon, the City's Attorney, said because both the City and Mr. Calistro CITY OF APPLEVALLEY Dakota County, Minnesota July 23, 1975 Page - 2 are appealing the condemnation award, the approved plans show Mr. Calistro's driveway to be onto 140th Street and it is Dakota County's responsibility to either approve or deny access to Cedar Avenue. additional Council action was unnecessary at this time. The Council felt that even if the driveway access were allowed to Cedar Avenue, it should only be temporary until Cedar Avenue is improved and Mr. Calistro should agree to request no damages if it were moved to 140th Street at that time. The City Attorney was directed to contact Mr. Gunn to reach a decision. The City Clerk said residents of the Wildwood Townhouse area have expressed some concerns about the area and have prepared a list of questions to which staff will respond. Richard Bienapfl, representing the Wildwood residents, said Inland has not answered their ques- tions and they hope to obtain the developer's cooperation through the Planned Development Agreement the City has with Inland. The City Clerk said the water level of Farquar Lake along Dominica Way is very high and asked the Council whether the connecting road to Farquar Hills should be opened for emergency traffic. It is now blocked with a pile of dirt. The Council said nothing should be done now, but if the water goes over Dominica Way, staff has the authorization to open this connecting road. John Gretz reported on a meeting he and Mike Bassett had with property owners of the Long and Farquar Lakes area July 11, 1975. They are asking that the lake levels be lowered immediately because many trees are dying, that the installation of a lift station be considered for a future solution to the problem and that Thompson be asked to complete streets, storm sewers ~nd holding ponds before any more new homes are constructed in the area. The staff and Engineer will look at the possibility of immediately pumping the lake. Mr. Gretz said Burnsville would let the City use its pumps and pipes. The Engineer's report for the August 13th meeting will include information on a possible lift station. MOTION: of Garrison, seconded by Branning, adopting Ordinance No. 168 ORDINANCE 168 rezoning the golf course from Agricultural to Institutional Plan- GOLF COURSE ned Development as recommended by the Planning Commission, and REZONING the Planning Consultant is requested to draft the Planned Develop- ment Agreement. Ayes - 5 - Nay - 0. MOTION: of Garrison, seconded by Holton, adopting Ordinance No. 169 re- ORDINANCE 169 zoning the Brown property east of Cedar Avenue from Agricultural A.V. ALLIANCE to Institutional except the easterly 187 feet which remains RIC, CHURCH REZONING as recommended by the Planning Commission. (Rev. Edwards of Apple Valley Alliance Church presented a concept plan showing dedication of 145th Street and access to Cedar when the property is platted.) Ayes - 5 - Nays - 0. MOTION: MOTION: of Hayes, seconded by Holton, approving a temporary platting waiver PLATTING WAIVED for a lot on Gemesee Avenue (Brown Property) as recommended by the GENESEE AVENUE Planning Commission, but the building may not be occupied until the property is platted. Ayes - 5 - Nays - 0. of Branning, seconded by Holton, approving a sideyard variance to VARIANCE 201 one foot setback for a three-car garage at 201Edgewood Lane, as EDGEWOOD LANE recommended by the Planning Commission. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1975 Page - 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Garrison, seconded by Holton, approving the amended develop- AMENDED ment agreement for Timberwick 1st Addition, as discussed, and AGRMT. TIMBERWICK authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Holton, seconded by Hayes, approving the amended planned de- AMENDED P.D. velopment agreement for Heritage Hills, as discussed, and auth- AGREEMENT orizing the Mayor and Clerk to sign the same, noting the side- HERITAGE HILLS walks and pathway referred to in Exhibit C relate only to the first phase. Ayes - 5 - Nays - 0. of Hayes, seconded by Holton, approving the development agree- ment for Heritage Hills 1st Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. HERITAGE HILLS 1ST AGREEMENT 143RD STREET IN ACADEMY VILLAGE of Branning, seconded by Garrison, designating 143rd Street in the Academy Village plan be a 40-foot wide street on a 70-foot wide right-of-way. Ayes - 4 - Nays - 1 (Holton). of Hayes, seconded by Holton, determining sidewalks shall be con- SIDEWALKS IN structed along all streets and cul de sacs, except the small ACADEMY VILLAGE northern cul de sac, in Academy Village and a pathway connection along the pipeline easement at the southern part of the plan. Ayes - 5 - Nays - 0. of Garrison, seconded by Branning, adopting Ordinance No. 170 ORDINANCE 170 rezoning Academy Village from Agricultural to M-3 and M-2 Planned REZONING Development, subject to execution of the Planned Development ACADEMY VILLAGE Agreement and obtaining the ~orrect legal descriptions before publication of the ordinance. Ayes - 5 - Nays - 0. of Holton, seconded by Branning, approving the Planned Develop- ment Agreement for Academy Village as discussed and authorizing · the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. P.D. AGREEMENT ACADEMY VILLAGE RES. 1975--94 MUIR PRELIM. REPORT RES. 1975-95 MUIR PUBLIC HEARING RES. 1975-96 PLANS & SPECS. MUIR UTILITIES A.V.-BURNSVILLE UTILITY AGREEMENT AMBULANCE LEASE of Branning, seconded by Hayes, adopting Resolution No. 1975-94 accepting the Engineer's preliminary report for utilities to serve the Muir property at Cedar and County Road 42. Ayes - 5 - Nays - 0. of Hayes, seconded by Holton, adopting Resolution No. 1975-95 setting a public hearing for August 13~ 1975, at 8:00 p.m. on utility improvements for Muir property. Ayes - 5 - Nays - 0. of Branning, seconded by Hayes, adopting Resolution No. 1975-96 directing the Engineer to prepare plans and specifications for utilities to serve Muir property. Ayes - 5 - Nays - 0. of Holton, seconded by Garrison, approving the agreement with Burnsville related to utility services for the Mid-American Baptist Church property and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. (Largen abstained). of Branning, seconded by Holton, extending the ambulance lease agreement with Midwest Med-Kab until August 27, 1975. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1975 Page - 4 Minnegasco's new policy on gasline installation requires developers to pay a deposit before the lines are installed. As lots in the development are sold, a portion of the deposit is refunded to the developer. If any of the lots are not sold in three years, Minnegasco retains the portion of the deposit for those lots. MOTION: of Branning, seconded by Holton, increasing the liquidated damages LIQUIDATED portion of City contracts to $200 per day including the contract DAMAGES IN to be awarded for utilities in Heritage Hills and Timberwick. CONTRACTS Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, authorizing an addendum to the bids being received for Heritage Hills and Timberwick moving up the completion date for Heritage Hills 15 days to October 15th. Ayes - 5 - Nays - 0. HERITAGE HILLS COMPLETION DATE CARROLLWOOD SIDEWALK CHANGE ORDER RES. 1975-97 PLANS & SPECS PROJ. 75-86 RES. 1975-98 BID ADVMT. PROJ. 75-86 PARKING LOT EXPANSION MOTION: of Branning, seconded by Hayes, approving a change order to the Hayes Road contract for installation of sidewalk in Carrollwood Addition as requested by the developer. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1975-97 approving plans and specifications for utility improvements on Project 75-86, Minea property. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1975-98 authorizing advertisement for bids on Project 75-86 to be re- ceived August 26th, 1975, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, approving expansion of the City Hall parking lot by McNamara-Vivant Contracting Co. for the low quote of $3,886.55 subject to finalization of the contract for the work with the MTC. Ayes - 4 - Nays - 1 (Garrison). The Engineer said surveying for easements and for water line extension from Greenleaf 9th to White Oak Ridge Addition has been done and he will meet with Mr. Johnson on the site to finalize the easement location. John Gretz said there is no progress to report on the fire hall, but the bonding company is preparing to complete the project. He estimates there is two months of work to finish, MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1975-99 RES. 1975 - 99 writing off uncollectible NSF checks i~ the total amount of $53.83 WRITING OFF from the Liquor Store. Ayes - 5 - Nays - 0. CHECKS MOTION: of Garrison, seconded by Holton, approving a salary increase for Carl Stenderson, Liquor Store Manager, of $121.00 monthly effect- ive July 15th, 1975. Ayes - 5 - Nays - 0. STENDERSON SALARY INCREASE Mayor Largen reported he has received a letter from the MTC asking whether Apple Valley would want any more bus shelters. The City must provide the site and pay the cost of the base and the MTC will construct the shelter on the base. Staff was asked to review whether any more are necessary, possibly 149th Street and Cedar Avenue. The Gross Payroll Report of July llth, 1975, was received. cITY OF APPLE VALLEY Dakota County, Minnesota July 23~ 1975. Page - 5 MOTION: of Hayes, seconded by Holton, authorizing purchase of an air FIRE DEPT. compressor for refilling Fire Department tanks for the low AIR COMPRESSOR quote of $3,450 from Air Power Equipment. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Hayes, authorizing the City to sell a 1971 Chevrolet Biscayne at Hennepin County's auction of used vehicles. Ayes - 5 - Nays - O. SELL USED VEHICLE CONT. MOTION: of Holton, seconded by Branning, approving an Addendum to the C.E.T.A. C.E.T.A. Contract with Dakota County, providing for re- ADDENDUM imbursement of some fringe benefits, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Hayes, authorizing the Animal ANIMAL WARDEN Warden to attend a school August 7th and 8th, 1975, sponsored SCHOOL by the Minnesota Society for Prevention of Cruelty to Animals. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, authorizing hiring Kathleen Starn, Peter Hunsinger and Therese Bergacker as pool employees at salaries listed in Resolution No. 1975-5. Ayes - 5 - Nays - O. POOL EMPLOYEES The Eagan and Apple Valley Planning Commissions will hold a joint public hearing on the Zoo Area Development Guide Thursday, September 18th, 1975, at the Greenleaf Elementary School. Staff will have notices published. MOTION: of Branning, seconded by Holton, to pay the claims and bills, CLAIMS & BILLS checks numbered 13808 through 13917, in the total amount of $179,187.35. Ayes - 5 - Nays - O. MOTION: of Garrison, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:37 o'clock a.m.