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HomeMy WebLinkAbout05/26/1976CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 26th, 1976, at 7:00 o'clock p.m. PRESENT: Mayor Largen; Councilmen Garrison and Holton; Clerk Asleson. ABSENT: Councilmen Branning and Hayes. Mayor Largen called the meeting to order at 7:10 p.m. The Council members and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. MOTION: of Holton, seconded by Garrison, approving the minutes of the meeting of May 12th, 1976, as written. Ayes - 2 - Nays - 0. (Largen Abstained). MAY 12, 1976 MINUTES MAY 18. 1976 MINUTES MOTION: of Holton, seconded by Garrison, approving the minutes of the special Board of Review meeting of May 18th, 1975, as written. Ayes - 2 - Nays - 0 (Largen Abstained). Ron Johansen of the Apple Valley Jaycees was present to ask the Council for approval of a carnival they plan to have June 15th through June 20th on the vacant lot north of Sunnyside Chrysler-Plymouth. The proceeds from the carnival will be donated to the Zoo. They asked to connect to the City water system, have the City mow the lot and have the Police Department patrol the area at night, all of which the Council said could be accomplished. MOTION: of Holton, seconded by Garrison, approving closing 149th Street CLOSE 149th from Pennock to Granada, June 15th through June 20th, 1976, for FOR CARNIVAL the Apple Valley Jaycees carnival. Ayes - 3 - Nays - 0. Steve Mattson of Juran & Moody, Inc., was present and said no bids were received for the City's sale of advance refunding bonds because of the market conditions. The City's Baa rating from Moody's Investors Service was not changed to Baa-1 as hoped. The reason it was not changed was largely because approximately only 30 percent of the City is de- veloped and there are still many improvements to be made for which the City will need to issue more bonds. However, he did feel the Baa-1 rating would be issued to Apple Valley soon. State law provides that when no bids have been received on advance refunding bonds, the bond issue can be put up for negotation of sale for 30 days. If the Council does not agree to a negotiated price, it can waive the sale. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976- 76 authorizing Juran & Moody, Inc., to negotiate the sale of Apple Valley's advance refunding bonds within 30 days as pro- vided by law. Ayes - 3 - Nays - O. RES. 1976-76 NEGOTIATE SALE OF BONDS Katherine Weesner, representing the League of Women Voters, read a letter asking the City Council to consider using Revenue Sharing Funds for 1. Social Services - the establish- ment of a child care facility; 2. Public Safety - human relations training for police officers; 3. Environmental Protection - monitoring the environmental quality of Apple Valley's lakes; and 4. Recreation - pedestrian access to shopping centers, schools and parks. Carol Alexander of the Apple Valley Human Rights Commission said they would like to have some Revenue Sharing Funds expended for human services by implementing affirmative action and perhaps a day-long workshop for citizens who otherwise would get no training n human relations. She said they see the Human Rights Commission not as a complaint CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1976 Page - 2 bureau, but as a positive educational agency in the community to help prevent problems by promoting better understanding by all segments of the community. Tomi Winters said she had talked with a group of teenagers and their suggestions for uses of the Revenue Sharing Funds are a program through the Police Department for training 12 to 15 year olds in the safe operation of two-wheel motorized vehicles. Successful completion of the course to result in a permit to drive alongside, but not across, roadways. Construction of an outdoor swimming pool in a geographic area easily accessible by residents of eastern Apple Valley. Joint community efforts to clean up and control the level of Crystal Lake. Construction of a simple building to serve as a depository for "recyclables" to be staffed by community volunteer agencies. Utilization (by lease to private sector agency perhaps) of Pool & Racquet Club for "latch key" child care services with startup costs from the Revenue Sharing Funds. The Council said the lakes in Apple Valley have been monitored for the past three years and the City is continuing to do so. Apple Valley's and Burnsville's Engineers are now studying the level of Lake Alimagnet. The Mayor also suggested the Human Rights Commission review the catalog of Federal grants available to see if there might be any for which they could apply. The Council agreed with the need for the suggested services, but believes the most important need now is road construction. Hopefully, some of the suggestions can be accommodated partially through the General Fund budget. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1976-77 RES. 1976-77 designating the $38,906.00 of Revenue Sharing Funds for Entitle- REV. SHARING ment Period 7 for public transportation (road construction) and PERIOD 7 receiving the suggestions for use of the funds. Ayes - 3 - Nays - 0. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976-78 RES. 1976-78 approving a license for on-sale and special on-sale Sunday liquor LEMON TREE sales for Lyndale Investment, Inc., d/b/a/ Lemon Tree Restaurant LIQUOR LICENSE at 14990 Glazier Avenue. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Garrison, adopting Ordinance No. 1975 creat- ORDINANCE 175 ing a City Board of Health composed of the City Council members BOARD OF HEALTH and an appointed physician. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Garrison, appointing Peter C. Frederizon, FREDERIXON ON M.D. to the Apple Valley Board of Health~ Ayes - 3 - Nays - 0. MOTION: of Garrison, seconded by Holton, accepting Greenleaf 7th and 8th Additions utilities, Project 73-54, as final from Three Way Con- struction Cp. Ayes - 3 - Nays - 0. FINAL ACCEPTANCE PROJECT 73-54 MOTION: of Holton, seconded by Garrison, denying a sideyard variance for DENY VARIANCE a garage addition at 156 Strese Circle because of drainage pro- 156 STRESE CIR. blems and no letter of agreement from the neighbor, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Garrison, granting a sideyard variance to 6 feet and a frontyard variance to 20 feet for a house at 8082 Upper 129th Court because of topography and trees, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. VARIANCE 8082 UPPER 129th CT. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1976 Page - 3 MOTION: of Garrison, seconded by Holton, approving the preliminary plat of PROP. UNDERWRIT Property Underwriters Addition, south of t40th Street on Pilot Knob PRELIM. PLAT Road, as recommended by the Planning Commission, and directing staff to prepare a development agreement. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1976-79 accepting a donation of $700.00 from the MrB. Jaycees for Camp Sunshine, a day camp for the mentally handicapped. Ayes - 3 - Nays - O. RES. 1976-79 PHIS. JAYCEES MOTION: of Garrison, seconded by Holton, granting a sign variance for pro- SIGN VARIANCE posed driveup facilities at Kentucky Chicken, subject to screening KENTUCKY the mechanical units on top of the building and lowering the in- CHICKEN DRIVEUP tensity of the light in the roof, as recommended by the Architectural Committee. Ayes - 3 - Nays - 0.. MOTION: of Holton, seconded by Garrison, authorizing the installation of a JOHNNY CAKE & street light at Johnny Cake Ridge Road and County Road ~2. Ayes - 42 ST. LIGHT 3 - Nays - 0. Councilman Garrison asked John Gretz to determine if '!Yield" or "Stop" signs should be installed at Glenda, Granada, Pennock and 145th Street. Councilman Garrison noted at the Association of Metropolitan Municipalities annual meeting last week, Richard Asleson was elected to the Board of Directors. It was also noted that the amendment to the number of votes allowed per population by the organization, which was supported by Apple Valley, did not pass. Public Hearing - The Mayor called the public hearing on proposed utility improvements to serve the new Cedar Elementary School to order at 8:00 p.m. and read the affidavit of publication. This is known as Project 76-1 and also serves adjacent properties and in- cludes construction and relocation of Whitney Drive and 153rd Street. Robert Rosene, City Engineer, showed the location of the proposed water main along Cedar Avenue to the school site, sanitary sewer lateral from the existing trunk to the school site and storm water drainage to the existing pond. He also showed where Whitney Drive would be relo- cated to the south with a new intersection at Cedar Avenue and the existing intersection with Cedar Avenue closed; and 153rd Street constructed from Pennock Lane to Cedar Avenue. Questions and comments were called for from the audience (see detail attached) and after everyone in attendance had been given an opportunity to comment, the hearing was declared closed at 8:24 p.m. Consideration of a resolution ordering the improvements was tabled, because four votes are required for that action. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976-80 RES. 1976-80 directing the Engineer to prepare plans and specifications for Pro- PLANS & SPECS. ject 76-1 without construction of 153rd Street. Ayes - 3 - Nays 0. PROJECT 76-1 Public Hearing - The Mayor called the public hearing on utility and street improvements for the proposed Apple Valley East 2nd Addition, Project 73-36C, to order at 8:25 p.m. and read the affidavit of publication. Robert Rosene showed the location of sanitary sewer, water, storm sewer and street improvements to serve the 150 lots in the proposed addition. The costs are $286,500 for utilities, $63,000 for pathways and sidewalks and CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1976 Page - 4 $140,000 for streets, all of which will be assessed to the property. The Mayor called for questions or comments from the audience, there being none the hearing was declared closed at 8:30 p.m. Public Hearing - The Mayor called the public hearing on Project 72-30A to order at 8:30 p.m. and read the affidavit of publication. The hearing is for extending and relocating utilities and street improvements for Palomino Lakeside Meadows 3rd Addition and that part of the 2nd Addition being replatted as the 4th Addition. Robert Rosene reviewed the preliminary engineering report and said the cost of utilities is $35,600 and streets is $15,600, all of which will be assessed to the property. The Mayor called for questions or comments from the audience, there being none the hearing was declared closed at 8:35 p.m. The City Clerk reviewed the Option and Agreement for purchase and lease options, for a second City liquor store to be located south of 140th Street on Pilot Knob Road, in detail with the City Council. The Agreement would be completely null and void if the liquor referendum question fails in the September election. MOTION: of Garrison, seconded by Holton, approving the Option and Agreement LIQUOR STORE of purchase and lease options for a second City liquor store with OPTION & Diamond Path, Inc., as presented and authorizing the Mayor and Clerk AGREEMENT to sign it and file a copy of the Agreement with these minutes. Ayes - 3 - Nays - 0. John Gretz reported on the interviews he, Councilman Garrison and other staff members have conducted with architectural firms for a proposed municipal building expansion. They are recommending the firm of Paterson, Clark & Associates, Inc., to do the work. The firm will do a study of present building space as well as expansion plans, drawings for public presentations, master plan, etc. If the referendum fails, all the work done in planning and attending meetings would not cost the City anything. If the refer- endum passes, approximately $4,800 additional in fees would be added to the 8 percent fee for new construction and 10 percent fee for remodeling for the work~ MOTION: of Holton, seconded by Garrison, approving hiring the firm of Peter- APPROVE HIRING son, Clark & Associates, Inc., as architects for municipal building ARCHITECTS FOR expansion and authorizing them to proceed with preliminary work BLDG. EXPANSION subject to preparation of a formal contract. Ayes - 3 - Nays - 0. John Voss reported on Inland Construction's Wildwood project and said they want to begin construction again. He is preparing a new planned development agreement covering the entire project; a development agreement covering the approximately 60 units constructed; and a development agreement covering the proposed construction for the Planning Commission to review. They would like to have the Council consider the agreements at its June 16th meeting and Mr. Voss said he would get copies of the agreements to the Council as soon as possible. MOTION: of Holton, seconded by Garrison, approving Change Order No. 1 to CHANGE ORDERS Project 76-3 of an additional $8,257.50 for a larger size water- pipe; Change Order No. 2 to Project 76-3 for storn sewer pipe under 131st Street at Palomino Drive at unit prices and Change Order No. 1 to Project 72-28D of an additional $2,830.50 for surfacing the fire station parking lot. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1976 Page - 5 MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1976-81 RES. 1976-81 approving plans and specifications for Project 76-3A, Heritage PROJECT 76-3A Hills 2nd Addition street improvements. Ayes - 3 - Nays - 0. PLANS & SPECS. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1976-82 RES. 1976-82 authorizing advertisement for bids on Project 76-3A to be received PROJECT 76-3A June 28th, 1976, at 2:00 p.m. Ayes - 3 ~ Nays - 0. BID ADV. The preliminary engineering report for Pennock Avenue improvements from the north end of Valley Commercial Park 2nd Addition to 140th Street was received. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1976-83 setting a public hearing on Project 76-6, utility and street im- provements for Domestic Gardens and Pennock Avenue, at 8:10 p.m. on June 16th, 1976. Ayes - 3 - Nays - 0. RES. 1976-83 PROJECT 76-6 PUBLIC HEARING ROAD & SIGNAL IMPROVEMENTS AGREEMENTS WITH DAKOTA COUNTY MOTION: of Holton, seconded by Garrison approving three agreements with Dakota County for grading at Cedar Avenue and 147th Street to widen to four lanes, traffic signals at cedar Avenue and 147th Street and traffic signals at County Road 42 and Pennock; Apple Valley's share to be funded from the 1974 bond issue, subject to the Attorney's approval and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. Staff was asked to discuss widening Cedar Avenue to four lanes from 145th Street to 147th Street in this project also with Dakota County or at least provide a turning lane at 145th Street, and report back to the Council. MOTION: of Holton, seconded by Garrison, authorizing execution by the Mayor and City Clerk of an application for tax forfeited land, Lot 3, of Block 3 of Lebanon Hills 1st Addition, situated off Cimarron Road west of Cedar Avenue for storm water drainage purposes. Ayes - 3 - Nays - 0. APPLICATION FOR TAX FORFEITED LAND RES. 1976-84 VOTING PRECINCTS MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1976-84 amending Apple Valley's voting precinct boundaries and increasing the number of precincts from 4 to 7 as shown on the map. Ayes - 3 - Nays - 0. Consideration of rate quotations for providing refuse services to City-owned buildings was tabled. MOTION: of Garrison, seconded by Holton, authorizing hiring seasonal em- HIRE SEASONAL ployees as follows: Don Mundt in the Street Department at $3.00 EMPLOYEES hourly, Mike Atwood at the Golf Course at $3.00 hourly and various Summer Recreation Program personnel at rates established by Resolution No. 1976-4. Ayes - 3 - Nays - 0. The City Clerk commented on the Council's previous discussion of sites selected for the Community Service Facility by Dakota County, three of which are in Eagan and two in Apple Valley. John Voss said the site at 140th Street and Pilot Knob Road is proposed for fu- ture school use and he and Dr. Bristol agree it would be compatible with a government facility use. The Council said all sites are reasonable and accessible to the residents of western ~akota County and would agree with whichever site the County Board chooses. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1976 Page - 6 MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976-85 RES. 1976-85 setting a public hearing on improvements to Johnny Cake Ridge Road JOHNNY CAKE from the Apple Valley-Eagan border, south for approximately one IMPRV~ HEARING mile on June 16th, 1976, at 8:15 p.m. Ayes - 3- Nays - 0. The City Clerk said the Bicentennial Committee received a letter from the Minnesota Bicentennial Commission that it will receive a $1,000 grant for its art fair and souvenier booklet~ MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1976-86 setting a public hearing for vacation of Pennock Lane south of County Road 42 on June 30th, 1976, at 8:00 p.m. Ayes - 3 - Nays - 0. RES. 1976-86 PENNOCK LANE VACATION HEARING The Mayor asked about progress on the golf course. Mike Bassett said they have had a good growing season and are hoping to open in mid-summer. He is planning to use the warm- ing house behind City Hall for a temporary clubhouse. The City Clerk said consideration of the new zoning ordinance will be scheduled for the June 16th meeting. MOTION: MOTION: of Garrison, seconded by Holton, approving the claims and bills, checks numbered 1035 through 1049 and 1436 through 1526, in the total amount of $253,163.31. Ayes - 3 - Nays - 0. CLAIMS & BILLS of Holton, seconded by Garrison, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 10:14 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1976 Page - 7 Detail of Public Hearing on Project 76-1. It was asked why the opening of 153rd Street now is necessary instead of leaving the present Whitney Drive as it is? Constructing 153rd Street would help reduce the amount of traffic at Pennock and County Road 42 and it is planned to align with a street proposed east of Cedar Avenue. The existing Whitney Drive inter- section with Cedar must be moved farther south because it will be too close to the 153rd and Cedar intersection. Robert Rosene said all of the Whitney Drive re- location and 153rd Street costs will be assessed and the Agreement of 1971 was referred to. The relocated portion of Whitney Drive will be 44 feet wide gutter to gutter with a 60 or 80 foot right-of-way. The land between the Whitney Drive right-of-way and Cedar Avenue is zoned M-4. Craig Minea said he believes constructing 153rd Street is premature at this time and he understood assessments on arterial streets would be split in some manner. The Clerk said~only streets more than 44 feet wide are considered arterials and 153rd Street is proposed to be 44 feet wide and not an arterial. Mr. Minea said when his project was approved, staff told him the only two conditions upon which 153rd Street would be constructed were development of his second phase or con- struction of the Muir center east of Cedar Avenue and neither of these has occurred. John Voss said staff believed these would be the reasons for relocating Whitney Drive and constructing 153rd Street and could not have foreseen the construction of an elementary school west of Cedar Avenue. The Mayor asked about leaving the existing intersection of Whitney and Cedar open and not constructing 153rd Street now. Mr. Rosene said that could be done but storm sewer would have to be put through existing Whitney Drive and repairing the street would be about $1,000. Also the cost of constructing 153rd Street could be more in the future. Mr. Mined said his property already has a lot of assess-~ ments on it now. It was asked about sewer and water assessments on the property between proposed relocated Whitney and Cedar. The Clerk said area assessments have been made on that property but it would be assessed for laterals. A question about provisions for the~ last driveway of the townhouses to Whitney Drive was asked. Part of existing Whitney Drive would serve as a driveway to it.