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HomeMy WebLinkAbout09/24/1975CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1975 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 24th, 1975, at 7:30 o'clock p.m. PRESENT: Mayor Largen~ Councilmen Branning, Garrison, Hayes and Holton; Clerk Asleson. ABSENT: None. The Mayor called the meeting to order at 7:53 p.m. All residents in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. MOTION: of Branning, seconded by Garrison, approving the minutes of the SEPT. 3, 1975 meeting of September 3rd, 1975, as written. Ayes - 5 - Nays - 0. MINUTES MOTION: of Garrison, seconded by Hayes, approving the minutes of the meet- SEPT. 10, 1975 ing of September 10th, 1975, as written. Ayes - 4 - Nays - 0 MINUTES (Largen abstained). Mr. Jake O'Toole of the Dakota County Assessor's Office presented the requests for tax abatements for Council consideration. MOTION: of Garrison, seconded by Holton, approving reductions in taxes payable in 1974 and 1975 on parcels numbered 01-25700-031-010-01 and 01-25700-020-01, as listed on the attachment, all of which are in the Farquar Lake Addition. Ayes - 5 - Nays - 0. TAX ABATEMENTS The City Clerk commented on ambulance service and meetings held by the staff and Council members from Apple Valley, Lakeville, Farmington and Rosemount (ALFR). They recommend approval of the agreements which will provide a maximum subsidy of $45,000 annually to Midwest Med-Kab of which Apple Valley's share will be 40 percent. The percentages of the cost sharing will be reviewed annually by the communities. MOTION: of Holton, seconded by Hayes, approving the joint agreement on JOINT ALFR ambulance service with Lakeville, Farmington and Rosemount, sub- AGREEMENT ject to approval by the other communities, and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving the agreement between ALFR ALFR - MIDWEST and Midwest Med-Kab concerning ambulance subsidy, subject to the MED-KAB other communities approving the agreement, and authorizing the AGREEMENT Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, extending the ambulance lease agree- EXTEND merit with Midwest Med-Kab until November 1st, 1975, or until all AMBULANCE LEASE communities approve the ambulance agreement, whichever occurs AGREEMENT first. Ayes - 5 - Nays - 0. Councilman Garrison commented that the building proposed for the VAA has been under con- sideration for quite some time and the Council should give them an answer. The City Attorney said he does not believe the City could give money to the VAA, but an Attorney General's opinion should be obtained before that action is taken. The possibility of the City constructing the building and leasing it to the VAA was discussed. The Attorney said he had talked to Mr. Barth and he might be willing to bid on the building using some labor provided by the VAA if he could be indemnified by the VAA. Councilman Branning CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1975 Page 2 said he would like to have this placed on a bond issue question. Councilman Hayes said he would like the Engineer to review the building plans so it could be ready to be bid if that would be necessary. Bob Hamill of the VAA commented on the cost of preparing the plans and the problems in getting this building constructed. He asked if the City determined no money would be available for this building, could the VAA be allowed to build a house-type building on City donated land? The Council stated they would attempt to make a decision at the Oetober 8th meeting following the upcoming review of the 1976 budget. The Attorney was directed to request an Attorney General's opinion to determine if the City can contribute money to the VAA for the building which would be City owned upon completion. Pending a decision on October 8th, no action was taken on the suggest- ion that the Engineer begin preparation of or review of any plans. The City Clerk commented on the water problem in Farquar Lake and the public hearing held to consider the problem September 3rd, 1975. The Engineer reviewed the map with the layout of lift stations and storm sewer. He said running the storm sewer south along the section line would be a problem because of topography. He also reviewed the sanitary sewer alternates for the Farquar Lake Addition. The Department of Natural Resources would have to determine the normal high water level of the lake. Councilman Holton again questioned the runoff into the lake and the unusual amount of rain this year; this problem may not occur again for some time. Councilman Garrison said the need for the storm sewer is there now and this improvement has always been planned to be installed. Councilman Hayes questioned the assessment procedure in assessing both developed and undeveloped property. The Clerk said the law says all property must be assessed equally. MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1975-124 approving the plans and specifications for storm sewer and sanitary sewer lift stations and storm sewer force mains and trunks for the Farquar Lake area, Project No. 75-88. Ayes - 3 - Nays - 1 (Hayes) (Holton abstained). RES. 1975-124 APPROVE P & S PROJECT 75-88 MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1975-125 authorizing advertisement for bids to be received October 24th, 1975, at 2:00 p.m. on Project 75-88 with the alternates of storm and sanitary lift stations or only the storm sewer portion. Ayes - 3 - Nays - 0. (Hayes and Holton abstained). RES. 1975-125 125 ADVERTISING FOR BIDS PROJ. 75-88 MOTION: of Garrison, seconded by Hayes, setting a special Council meeting SET SPECIAL for Monday, October 27th, 1975, at 7:00 p.m. to consider ordering MEETING Project 75-88 and if ordered to consider the bids. Ayes - 5 - Nays - 0. John Gretz commented on some of the problems in the Wildwood area and memos of September 12th and 22nd, 1975, from the Wildwood residents. It is thought the best way to resolve the problems is by holding a public hearing on the Planned Development Agreement and con- sider any amendments to it. Mr. Mulligan, attorney for Inland Construction, said he agrees with holding a public hearing. John Voss said Inland should be very specific on any items it might want changed at the hearing and a copy of these items should be pre- pared before the hearing so those interested can review the changes and be prepared to comment at the hearing. He also said he would like the City Attorney to attend the hearing., Mr. Gretz said Inland has been stopped from construction work right now, but if the pro- blems causing the City to stop work are resolved, Inland could continue construction until the public hearing has been held. Some of the reisdents of the Wildwood area pre- sent also commented on tree, landscape and erosion problems which they believe Inland should complete. The hearing will be scheduled before the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1975 Page - 3 MOTION: of Branning, seconded by Holton, approving the final plat of Apple A.V. EAST 2ND Valley East 2nd Addition, subject to completion of the agreement, FINAL PLAT and authorizing the Mayor and Clerk to sign the plat. Ayes - 5 - Nays - 0. The Council reviewed a proposed replat of two outlots in the Meadows 2nd Addition changing it from townhouses to single family homes and a cul de sac. The Council con- curred with the plan and it was referred back to the Planning Commission for final consideration. MOTION: of Branning, seconded by Garrison, approving the final plat of P.H. 6TH Palomino Hills 6th Addition Replat, subject to completion of the agree- REPLAT FINAL ment, and authorizing the Mayor and Clerk to sign the plat but no PLAT building permits will be issued until the agreement has been executed. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Branning, approving a sideyard variance for VARIANCE a garage addition at 917 Redwell Lane, as recommended by the Plann- 917 REDWELL ing Commission. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Hayes, approving a sideyard variance of 5 feet on one side and 7.8 feet on the other for Lot 35, Block 3, Diamond Path Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. VARIANCE, LOT 35 BLOCK 3 DIAMOND PATH DENY VARIANCE 100 C0. RD. 42 MOTION: of Branning, seconded by Holton, denying the request for a front- yard variance at 100 County Road 42 as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Consideration of Diamond Path 2nd Addition preliminary plat was tabled. Final building plans for the 7-11 Stores in Cedar Knolls and at 140th and Galaxie were reviewed and approved. The City Clerk commented on the problem of providing natural gas service to certain areas including the Carrollwood Village Additions. Homes in Carrollwood Village 1st Addition are now being heated by propane fuel. The gas company will not install gas mains unless the cost of $2.50 per foot is paid. For each home connecting within two years, $250 is reimbursed to the developer. The Mayor said, for the long term, propane fuel is not economic and this problem should be looked into. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1975-126 awarding the water booster station contract to Norman T. Berglund Const., Inc., the low bidder in the amount of $95, 220.00. Ayes - 5 - Nays - 0. RES. 1975-126 AWARD WATER BOOSTER STN. Consideration of the bids for Carrollwood Village 2nd Addition utilities was tabled. Consideration of the bids for equipment rental and material purchases was tabled. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1975-127 requesting the Commissioner of Highways to determine the speed limit on Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. RES. 1975-127 JOHNNY CAKE SPEED LIMIT CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1975 Page - 4 MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1975-128 requesting the Commissioner of Highways to determine the speed limit on 140th Street. Ayes -.5 - Nays - 0. RES. 1975-128 140TH STREET SPEED LIMIT MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1975- RES. 1975-129 129 supporting the amendment to the bill for Zoo access via John- SUPPORT AMDMT. ny Cake Ridge Road allowing Apple Valley and Eagan to borrow on ON ZOO ACCESS future state aid funds for their share of the road. Ayes - 5 - Nays - O. The Mmyor commented on the problem of having Zoo access road from Cedar Avenue constructed by the time the Zoo opens. The Engineer was requested to meet with Ken Anderson of Dakota County to discuss alternates. MOTION: of Branning, seconded by Holton, approving the County Road 42 path- 42 PATHWAY way easement and authorizing the Mayor and Clerk to sign the same. EASEMENT Ayes - 5 - Nays - 0. The Council received the Engineer's preliminary report for improvements in Academy Village. MOTION: of Holton, seconded by Branning, adopting Resolution No. 1975-130 RES. 1975-130 setting a public hearing on improvements in the Academy Village ACADEI~ VILLAGE development for November 12th, 1975, at 8:00 p.m. Ayes - 5 - PUBLIC HEARING Nays - 0. MOTION: of Holton, seconded by Garrison, approving Change Order No. 2 to CHANGE ORDER 2 Project 74-64A with Riegger Roadways of an additional $934 for PROJ~ 74-64A Garden View Court. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Hayes, approving Change Order No. 3 to CHANGE ORDER 3 Project 74-64A with Riegger Roadways of an additional $19,191 for PROJ. 74-64A streets in Timberwick 1st Addition. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Hayes, approving Change Order No. 1 to Project 74-77A with Barbarossa & Sons of an additional $6,455 for storm sewer in Academy Village. Ayes - 5 - Nays - 0. CHANGE ORDER 1 PROJ~ 74-77A MOTION: of Hayes, seconded by Holton, approving Change Order No. 2 to CHANGE ORDER 2 Project 74-77A with Barbarossa & Sons of an additional $5,090 for PROJ~ 74-77A services on Hayes Road for proposed Timberwick 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Hayes, approving Change Order No. 1 to CHANGE ORDER 1 Project 75-86 with Erickson Bros., Inc., of a deduct of $15,084.30 PROJ~'75-86 for a change from Class 4 to Class 3 pipe in Apple Valley Square. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Branning, approving the contracts with APPROVE CETA Dakota County for CETA manpower funding under Title II and CONTRACTS Title VI programs and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, approving hiring Marlis Overgard HIRE PARTTIME for the parttime secretary position subject to he being approved SECRETARY for the CETA program at a salary of $3,41 per hour. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1975 Page - 5 MOTION: of Branning, seconded by Hayes, approving hiring Patricia Current HIRE ACCOUNTING for the accounting clerk position subject to her being approved for CLERK the CETA program at a salary of $537.00 per month. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Garrison, accepting the resignation of Lowell Gillem from the Park Committee. Ayes - 5 - Nays - 0. PARK COMMITTEE RESIGNATION The Planning Commission minutes of September 3rd, 1975; August Utility Report; Dakota County HRA Report from Nan McKay, Director; and the August Police Report were received. MOTION: of Garrison, seconded by Hayes, setting special meetings for budget SET SPECIAL reviews on October 1st, 1975, at 7:00 p.m. and October 7th, 1975, MEETINGS at 7:00 p.m. at City Hall. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Branning, approving a cigarette license for Robert Lorence at the Apple Valley Country Kitchen. Ayes - 5 - Nays - 0. CIGARETTE LIC. GARBAGE LICENSE MOTION: of Hayes, seconded by Branning, approving a garbage hauler's lic- ense for Gary Kahler, Valley Sanitation. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1975-131 RES. 1975-131 requesting the Department of Natural Resources to establish a high FARQUAR LAKE LEVEL water level for Farquar, Long and Alimagnet Lakes. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Branning, adopting Resolution No. 1975-132 directing the Engineer to prepare plans and specifications for street improvements in Heritage Hills Addition. Ayes - 5 - Nays - 0. RES. 1975-132 HERITAGE HILLS STREETS MOTION: of Branning, NO SECOND, to pay Grace Lutheran Church $590.00 from Minea plus interest from the date of Minea's payment to the City and $1,000 plus one year's interest for the Pennock realignment. MOTION FAILED. Councilman Holton said Roy Palm, Civil Defense Director, has received a letter giving official approval of the warning siren plans from Dakota County and approval to obtain bids on the equipment. Councilman Branning noted the Dakota County League of Municipalities will hold its next meeting September 25th, 1975, at 8:00 p.m. at the Dakota County Government Center. Clyde Allen, President of the Association of Metropolitan Municipalities, will be the guest speaker. Councilman Hayes asked if there was any further information as to when work will begin on the Fire Hall. The Engineer said it is expected to begin this week. The City Clerk commented he received information from the Census Bureau that Apple Valley's special census will begin October 7th, 1975, and he was asked to place want ads for census takers. They would like 50 to 75 applicants and will pay 12¢ for each person counted. The Urban Affairs Committee was directed to study the preparation of an ordinance for on-sale wine licenses for restaurants. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1975 Page - 6 MOTION: of Hayes, seconded by Holton, to pay the claims and bills, checks CLAIMS & BILLS numbered 14292 through 14404, in the total amount of $448,175.29 including bills resulting from the sewer backup on Reflection Road and to Bonestroo, Rosene, Anderlik & Associates for golf course staking in 1974. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton. approving a salary increase for Richard Asleson of $133.00 monthly effective July 16, 1975. Ayes - 5 - Nays - 0. ASLESON SALARY INCREASE MOTION: of Hayes, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:46 o'clock a.m.