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HomeMy WebLinkAbout08/11/1976CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 11, 1976, at 7:00 o'clock p.m. PRESENT: Mayor Largen; Councilmen Garrison, Hayes and Holton; Clerk Asleson. ABSENT: Councilman Branning. Mayor Largen called the meeting to order at 7:05 p.m. The Council members and everyone in attendance took part in the pledge of allegiance to the flag. Councilman Garrison gave the invocation. MOTION: of Garrison, seconded by Hayes, approving the minutes of the meet- JULY 28, 1976 ing of July 28th, 1976, as written. Ayes - 3 - Nays - 0 (Largen MINUTES Abstained). MOTION: of Hayes, seconded by Garrison, approving the minutes of the AUGUST 4, 1976 special meeting of August 4th, 1976, as corrected. Ayes - 2 - MINUTES Nays - 0 (Largen and Holton Abstained). MOTION: of H01ton, seconded by Hayes, adopting Ordinance No. 179 rezoning ORDINANCE 179 LaPaz Second Addition, east of Johnny Cake Ridge Road and south of REZONE LaPAZ Ellice Court, from Agricultural to R-lC, R-2 and P (Institutional).SECOND ADDN. Ayes - 4 - Nays - 0. MOTION; of Holton, seconded by Hayes, adopting Resolution No. 1976-132 dividing existing assessments for the Palomino Lakeside Meadows 4th Addition plat. Ayes - 4 - Nays - 0. RES. 1976-132 L.S. MEADOWS 4TH ASSMT. DIVISION MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976-133 RES. 1976-133 combining existing assessments on Lots 19 and 20 of Block 2 of COMBINE ASSMTS. Heritage Hills Addition because one house is built on the two lots.HERITAGE HILLS Ayes - 4 - Nays - 0. The Council received the annual report from the Cable TV Commission and directed that it be forwarded to the Minnesota Cable Communications Office as required by the State. The Clerk reviewed the proposed liquor referendum question for the September 14th, 1976, election. He noted if the question fails, the City'could not ever operate an off-sale liquor facility again. There is some question on when the store must be closed if the question fails (the day after the election or the end of the year) and James'Sheldon, City Attorney, commented on this aspect~ The Clerk also said it is anticipated the liquor store will contribute $40,000 to the general fund in 1976. There would be no limit on the number of private off-sale liquor licenses the City could lisae, but the maximum license fee could be $200 annually. MOTION: of Holton, seconded by Hayes, adopting Resolution No~ 1976-134 set-RES. 1976-134 ting a special election on September 14, 1976, to consider whether LIQUOR QUESTION the City should continue in the municipal liquor business, as re- ELECTION quired by state law. Ayes - 4 - Nays - 0. John Gretz introduced Mr. Bud Peterson of Peterson, Clark & Associates, architects, who reviewed the preliminary sketch plans for the proposed City Hall expansion including remodeling the existing building and an addition of common area and police facilities. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1976 Page - 2 Mr. Steve Whitney, also of the architectural firm, explained the detailed layout of the preliminary sketch plans of 5,816 square feet for the police department, 5,197 square feet for the shared basement and 3,298 square feet for the shared common area. The cost estimate for the proposed expansion is $987,551.00, but staff said they believed the amount could be reduced to $900,000. The City Clerk reviewed the financial impli- cations of the proposed bond issue and said if $900,000 is the amount required for the building, the bond issue amount including bonding costs and first year interest would need to be $940,000. The Mayor commented on the amount of the proposal and said he is not against the expansion, but believes the cost is too high and would like more time and information to coosider it. He asked the architects to review the figures again and explain some of the detail later during this meeting. Consideration of a commercial development revenue note related to the Apple Valley Square Shopping Center was tabled. MOTION: of Holton, seconded by Hayes,' approving a tax abatement for taxes TAX ABATEMENT payable in 1976 on parcel number 01-3'1004-160-04, as recommended by the Dakota County Assessor's Office, because an error was made on the valuation. Ayes - 3 - Nays - 0. (Garrison was out of the room at this time). MOTION: of Holton, seconded by Garrison, granting a variance for an 80- foot radio tower at 6035 West 130th Street, as recommended by the Planning Commission (40 feet high is permitted by the Ordin- ance). Ayes - 4 - Nays - 0. VARIANCE 6035 W. 130th RADIO TOWER MOTION: of Garrison, seconded by Holton, granting a sideyard setback vari- VARIANCE - LOT ance of 10 feet for Lot 7 of Block 2 of Diamond Path 2nd Addition 7, BLOCK 2, for a house on a corner lot (no street has been constructed on the DIAMOND PATH 2ND side yet, but will be a driveway to the Corrigan property) as re- commended by the Planning Commission. Ayes - 4 - Nays - 0. Consideration of a building permit for Kendrick Electric was tabled. MOTION: of Garrison, seconded by Hayes, granting a conditional use permit CONDL. USE for Valley Tire Service to have garage service bays in a B-3 zon- PERMIT VALLEY ing district located at Lots 4 and 5 cf Block 6 in Valley Com- TIRE SERVICE mercial Park 2nd Additional as recommended by the Planning Commission subject to implementing the proposed landscaping plan. Aygs - 4 - Nays - 0. MOTION: of Garrison, seconded by Hayes, approving a building permit for BUILDING PERMIT Valley Tire Service on Lots. 4 and 5 of Block 6 in Valley Com- VALLEY TIRE mercial Park 2nd Addition in accordance with the building and SERVICE landscape plans as recommended by the Planning Commission. Ayes - 4 - Nays - 0. John Voss reviewed the plans of Big Wheel Auto Parts to remodel the former Dairy Queen building on County Road 42. They would remove the top story of the building and add service bays facing the west side (McDonald's parking lot). The Planning Commission has scheduled a public hearing for August 18th, 1976, to consider rezoning this entire area to B-4 and retail sales would be permitted, but service bays would not be allowed. In the B-3 zone, which this area now is, service bays are only permitted as conditional uses. If a conditional use permit for service bays were granted now and if the zoning were changed, CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1976 Page - 3 it would be a nonconforming use in that zone and continue as such. Mr. Voss said the Planning Commission does recommend granting the conditionai use permit subject to several conditions. They did say no screening of the service bay doors facing the McDonald's parking lot would be required. MOTION: of Garrison, seconded by Holton, granting a conditional use permi~ CONDL. USE for Big Wheel Auto Parts to have service bays in a B-3 zoning dis- PERMIT - BIG trict located ~on Lot 6 of Block 2 in Valley Commercial Park 1st WHEEL AUTO Addition for 10 years subject to a i3-foot landscaped area in PARTS front, storing all refuse inside the building, installation of curb- ing along the perimeters of the parking lot in accordance with the Ordinance and working out details of the same with the City staff as recommended by the Planning Commission. Ayes - 3 - Nays - 0 (Hayes Abstained). MOTION: of Garrison, seconded by Holton, approving a building permit for BUILDING PERMIT Big Wheel Auto Parts on Lot 6 of Block 2 in Valley Commercial Park BIG WHEEL AUTO 1st Addition, aubject to screening the mechanical equipment on top PARTS of the roof and a review of the building plans by the Building Inspector, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Garrison, granting a variance for a five- VARIANCE FOR foot setback from the east side lot line for Big Wheel Auto Parts BIG WHEEL AUTO on Lot 6 of Block 2 in Valley Commercial Park ist Addition as re- PARTS commended by the Planning Commission. (The existing building is at this location; there are 74' feet between it and the Kentucky Fried Chicken building.) Ayes - 4 - Nays - 0. The Council reviewed a memo on Schematic Cost Projections dated August 11, 1976, pre- pared by Steve Whitney, on the proposed City Hall expansion. Mr. Paterson said the Council has three considerations in regard to this, quality of the construction, area to be constructed and cost per square foot of construction. Only the area is being reviewed now and area and quality are the only facotrs that can be controlled by the Counicl. He then reviewed details of the estimated amounts. MOTION: of Holton, seconded by Hayes, setting the amount of $940,000.00 as the amount of the bond issue for the proposed City Hall expansion. (No vote taken on this motion.) Mayor Largen. said he still believes this amount is too high and the building can be constructed for a maximum of $700,000. He said he is not against the project, it is needed and he agrees with the proposed plans, but the amount is too high. MOTION: of Holton, seconded by Hayes, revising the above moti6n to be, adopt- RES. 1976-135 ing Resolution No. 1976-135 setting a special election on September BOND ISSUE 14th, 1976, on a proposed bond issue in the amount of $895,000.00 ELECTION for City Hall expansion. Ayes - ~ - Nays - 1 (Largen). MOTION: of Hayes, seconded by Garrison, approving the Development Agree~ merit, including the final plat, for Diamond Path Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. DIAMOND PATH 3RD AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1976 Page - 4 John Gretz reviewed the proposed final plat of Academy Village. A 70-foot wide right- of-way for 143rd Street is being dedicated and the street will be 40 feet wide. A 50-foot wide right-of-way, instead of the normal 60 feet, is being dedicated for Heywood Avenue and the street will be 34 feet wide. The reason for the 50-foot wide dedication is the gas company's easement runs parallel with it and they will not allow a street over their easement, however they are willing to allow the sidewalk to be constructed over the easement. Mr. Rosene, the City Engineer, said he believes there are no problems in doing this. MOTION: of Hayes, seconded by Garrison, approving the final plat of Academy ACADEMY VILLAGE Village, subject to future approval of a Planned Development Agree- FINAL PLAT ment, and authorizing the Mayor and Clerk to sign the final plat. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving the specifications for miscellaneous fire equipment supplies and authorizing advertise- ment for bids to be received September 3rd, 1976, at 2:00 p~m. Ayes - 4 - Nays - 0. BIDS FOR MISC. FIRE DEPARTMENT FHA LETTER ON WILDWOOD 3RD MOTION: of Hayes, seconded by Garrison, approving a letter to be sent to FHA regarding improvements related to Wildwood Third Addition and authorizing the Clerk to send the letter. Ayes - 4 - Nays - 0. The Council received the Public Works Director's report concerning water pressure in the Rimrock and Reflection Road areas. He said it also includes the Palomino Lakeside Meadows Additions and Timberwick Addition. The Council directed the Engineer to study the three alternatives and make a recommendation. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976-136 awarding the contract for Project 76-1, Whitney Drive and 143rd Street preliminary grading work, to Fischer Construction Company, the low bidder, for $58,936.00. Ayes - 4 - Nays - 0. RES. 1976-136 AWARD PROJECT 76-1 HIRE SPORTS FACILITY MGR. MOTION: of Hayes, seconded by Garrison, approving hiring Gary Pietig for the position of Sports Facility Manager effective August 23rd, 1976, at a salary of $14,500 annually, subject to a one-year pro- bation period. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Hayes, authorizing retaining six C.EoT.A. RETAIN C.E.T.A. employees at $2.30 per hour for temporary summer employment. EMPLOYEES Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving a salary increase for H. C. Stenderson, Liquor Store Manager, of eight percent, $106.00 per month, effective July 15th, 1976. Ayes - 4 - Nays - 0. SALARY INCREASE STENDERSON The Mayor noted Mr. Stenderson should be commended for the excellent job he has been doing. Consideration of the annual review for the Public Works Director was tabled. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976-137 RES. 1976-137 appointing people to serve as election judges for the 1976 Primary APPOINT and General Elections and authorizing the staff to appoint chair- ELECTION JUDGES people in precincts 3, 5 and 7. Ayes - 4 - Nays - 0. CITY 0FAPPLE VALLEY Dakota County, Minnesota August 11, 1976 Page - 5 Michael Bassett, Park & Recreation Director, said he has received notice of funds available through the Department of Natural Resources for bicycle trails construction. He said, with the opeing of the high school, a trail along the south side of 140th Street from Cedar Avenue to Hayes Road and south along Hayes Road to the school would be a good consideration. The funds are available with the state paying 65 percent and the local municipality 35 percent, and the deadline for submitting applications is August 15th, 1976. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1976-138 RES. 1976-138 authorizing submission of an application to the Department of Nat- BICYCLE TRAIL ural Resources for bicycle trails along the south side of 140th APPLICATION Street from Cedar Avenue to Hayes Road and south along Hayes Road to the high school. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Holton, to pay the claims and bills, checks CLAIMS & BILLS numbered 1099, 1676 through 1694, and 2122 through 2277 in the total amount of $9Q8,160.43. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Garrison, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:12 o'clock p.m.