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HomeMy WebLinkAbout09/08/1976CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 8, 1976, at 7:00 o'clock p.m. PRESENT: Councilmen Branning, Garrison, Hayes and Holton; Clerk Asleson. ABSENT: Mayor Largen. Acting Mayor Holton called the meeting to order at 7:08 p.m. The Council members and everyone in attendance took part in the pledge of allegiance to the flag. Councilman Branning gave~the invocation. MOTION: of Hayes, seconded by Branning, approving the minutes of the meet- AUG 25, 1976 ing of August 25th, 1976, as written. Ayes - 3 - Nays - 0 MINUTES (Garrison Abstained). MOTION: of Branning, seconded by Hayes, approving the minutes of the SEPT. 1, 1976 special meeting of September 1st, 1976, as written. Ayes - 3 - MINUTES Nays - 0 (Garrison Abstained). MOTION: of Branning, seconded by Hayes, to bring back discussion of four- STOP SIGN way stop signs at 145th Street and Pennock Avenue for further DISCUSSION review, from the special meeting of September 1, 1976. Ayes - 4 - Nayd - 0. Councilman Branning said he observed the traffic problems at the intersection of 145th Street and Pennock Avenue Friday night after the football game. School buses were having difficulty because the traffic on 145th Street must stop, but not the traffic on Pennock Avenue. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1976-154 authorizing the installation of a four-way stop sign system at the intersection of 145th Street and Pennock Avenue. RES. 1976-154 4-WAY STOP AT 145TH & PENNOCK Councilman Garrison said perhaps traffic should be watched at'this intersection for a while becauAe people are not yet accustomed to the stop signs on 145th Street and Pennock is planned to be a through street, which 145th Street is not. Councilman Holton said, even in the long term, a four-way stop would be necessary at this intersection. Vote was taken on Resolution No. 1976-154. Ayes - 4 - Nays - 0. Steve Mattson of Juran & Moody, Inc., the City's financial consultant, was present to discuss an advance refunding bond issue. He believed the market was such that this sale would be feasible now. This basically is selling bonds, hopefully at a lower interest rate, to pay off bonds now outstanding which were sold at a higher interest rate in the past. He said they usually recommend waiting 60 days between bond sales, but in this instance the savings in interest that could be realized would offset that consideration. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-155 setting September 29th, 1976, at 2:00 p.m. for receipt of bids on the sale of Advance Refunding Bonds of $6,015,000 or $4,750,000 with consideration of the bids at the Council meeting at 7:00 p.m. the same day. Ayes - 4 - Nays - 0. RES. 1976-155 ~ADVANCE RE- FUNDING BONDS Consideration of a $1,803,000 Commercial Development Revenue Note related to the Apple Valley Square Shopping Center was tabled. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1976 Page - 2 Acting Mayor Holton read a Proclamation supporting and endorsing the Town Meeting to be held October 16th, 1976, at the Apple Valley Senior High School. MOTION: of Branning, seconded by Hayes, supporting and endorsing Apple TOWN MEETING Valley's Town Meeting on October 16th, 1976, at the Apple Valley PROCLAMATION Senior High School. Ayes - 4 - Nays - 0. Councilman Branning read a Proclamation of Hunting and Fishing Day on September 25th, 1976. MOTION: of Branning, seconded by Hayes, proclaiming September 25th, 1976 HUNTING & as Hunting and Fishing Day and urging citizens to take part in the FISHING DAY activities planned for that day to learn more about conservation PROCLAMATION and outdoor skills. Ayes - 4 - Nays - 0. Mr. Al Kraft was present and said there will be a display set up on September 25th on the vacant land south of Penny's parking lot and mentioned some of the activities planned for that day. If anyone wishes further information, he can be contacted at 435-7976. The City Clerk commented on the City entrance sign proposed by the Apple Valley Lions Club. The Club held a contest and entries were submitted for design of the sign. Joe Lieb, re- presenting the Lions Club, commented on it and said they would like to place it on County road right-of-way or City property. This proposal had been before the Architectural Committee, but no recommendation had been made to the Council on it. Councilman Garrison commented on entrance signs and suggested some ideas he had on them. Robinette Fitzsimmons spoke for the Architectural Committee and said they did recommend some changes to the sign and understood it would be brought back before them. Mr~ Lieb said the sug- gested changes, as they understood them, would make the sign too expensive for the Club to construct. Councilman Branning said, because this item has been Under consideration for so long, he requested it be brought to the Council now. John Voss said the Architectural Committee is working on a new sign ordinance and are discussing monument-type signs such as this. He suggested they consider both these items together. Councilman Branning asked that these items be brought back to the Council within 60 days. Mr. Lieb will meet with the Architectural Committee also. The City Clerk reviewed a proposed ordinance prohibiting loitering on public and school property. He said he has reviewed it with the Urban Affairs Committee members and they have no objections to it. MOTION: of Garrison, seconded by Hayes, adopting Ordinance No. 181 relating ORDINANCE 181 to disruptive presence and/or loitering about schools or public LOITERING places. Councilman Branning said he objects to the provision relating to "the time of day is other than hours when said school or public place is open." Motion and second agreed to amend the motion by adding the words "to the general public or students of the schools" at the end of paragraph 3.C. Ayes - 3 - Nays - I (Branning). MOTION: of Hayes, seconded by Garrison, adopting Ordinance No. 181 incorpor-RE-ADOPT ating Zoning Regulations 162.01 through 162.10 by reference put- ORDINANCE 162 suant to Minnesota Statutes 471.62 and authorizing them to be ZONING placed on file at City Hall. Ayes - 4 - Nays - 0~ CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1976 Page - 3 Councilman Garrison left the table during the discussion on Cobblestones Planned Development because his home abuts this property. Representatives of Revere Properties reviewed the revised layout of lots on the property and the parkland along the entire shore of Lake Alimagnet. The parkland dedication is approximately five acres (subject to survey yet). Park access from the north is subject to getting easements from Palomino Development for the pathway and parking area. Don Romain, of Reflection Road, asked the elevation at the peak viewing point in the park and distance from the lot lines to the Burnsville border in the southern park area. He was told 1,000 feet and 50 feet, re- spectively. He said he does not believe this park will be usable by the public because of the severe slope along the Lake. The Council said this will be a passive park where people can walk along the Lake and view it. Mr. Garrison asked about deleting the lot south of the cul de sac facing Holyoke because it does not orient to the cul de sac or any other lots. He was told that lot is about 13,500 square feet now and by combining it with other lots it would be too large. MOTION: of Branning, seconded by Hayes, granting concept approval of the Cobblestones Planned Development, as reviewed, with Lot 13 to be squared off along the back line. Ayes - 3 - Nays - 0. COBBLESTONES CONCEPT APPROVAL Staff was directed to begin preparation of the agreements for the Cobblestones proposal. Councilman Hayes also noted sidewalks should be included in the long cul de sac. MOTION: of Hayes, seconded by Branning, authorizing the Engineer to pre- pare the preliminary reports for utilities and streets in Cob- blestones. Ayes - 3 - Nays - 0~ Councilman Garrison returned to the table. PRELIM. REPORT COBBLESTONES John Gretz reviewed the proposed Greenleaf Phase IV Planned Development south of 140th Street and west of Diamond Path. It will be 220 single family lots and the Planning Commission recommends a four-year approval on the planned development. Mike Bassett com- mented on the parks and pathways. He said the Department of Natural Resources is now recommending wider paths along major trails, a minimum of eight feet wide. The Council discussed the park area along the pathway south of 140th Street and said it should be part of the abutting lots because it may only be a maintenance headache and is not really usable. The park dedication requirements would be satisfied without this extra parkland. Councilman Branning asked about maintaining an acess from the north for the outlot at the southeast corner of the proposal. Mr. Winden, representing Thompson, said the best access for this property is directly from County Road 33 and he does not believe the County will close access to that property in the future. The Council discussed sidewalks in the three long cul de sacs and Mr. Orrin Thompson commented on the additional cost of installing side- walks in cul de sacs. MOTION: of Garrison, seconded by Branning, granting concept approval for Greenleaf Phase IV Planned Development, as recommended by the Planning Commission, deleting the short pathway along the back of some lots, extending the pathway south of 140th Street to the west edge of the property, returning part of the park property south of 140th Street to the abutting lots and excluding sidewalk requirements in the three long cul de sacs. GREENLEAF IV CONCEPT APPROVAL MOTION: of Branning, seconded by Hayes, amending the above motion by eliminating reference to sidewalks in it and making that a separate question. Ayes - 3 - Nays - 1 (Garrison). CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1976 Page - 4 Vote was taken on the first motion without reference to sidewalks. Ayes - 4 - Nays - O. Councilman Branning said he would like to have further discussion on sidewalks at another time. The Clerk also said he has prepared a memo, which the Council will receive later this evening, concerning snow removal on school-related sidewalks and pathways. It was agreed sidewalk considerations would be brought back at the September 22nd, 1976, meeting. Staff was directed to prepare the agreements for the Greenleaf Phase IV Planned Development and the north-south major path should be eight feet wide, all other paths should be six feet wide. MOTION: of Branning, seconded by Garrison, authorizing the Engineer to pre- PRELIM. REPORT pare the preliminary report for utilities in Greenleaf Phase IV. GREENLEAF IV Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Branning, granting an excavation permit to EXCAVATION Thompson Construction Co. for Greenleaf Phase IV to proceed at his PERMIT own risk, subject to agreements being completed. Ayes - 4 - Nays GREENLEAF IV 0. MOTION: of Garrison, seconded by Hayes, granting a variance for a front- VARIANCE yard setback of 20 feet at 14413 Guthrie Way for a house as re- 14413 GUTHRIE commended by the Planning Commission. Ayes - 4 - Nays - 0. John Voss reviewed road access considerations to Cedar Avenue from property in the North Half of the Northwest Quarter of Section 15 (Boy Scout Property) and the Northeast Quarter of the Northeast Quarter of Section 16 (Green Property). With the construction of Cedar Avenue and the I35E interchange, these properties will not be able to have direct access to Cedar Avenue. However, when the Highway Department cuts off access to property it pays the cost of constructing another access for it. The Green Property should have road access directly to Cimarron Road near Cedar Avenue and the Boy Scout Property's best access would be directly to Galaxie Avenue. MOTION: of Garrison, seconded by Hayes, requesting the Minnesota Highway CEDAR AVE. Department to include access for the Green Property to Cimarron ACCESSES BY Road and two accesses for the Boy Scout Property to Galaxie Avenue HWY. DEPT. in its design plans for Cedar Avenue. Ayes - 4 - Nays - 0. The Council received a resolution from the City of South St. Paul concerning the I35E alignment in St. Paul and Northern Dakota County, urging its construction. MOTION: of Garrison, seconded by Branning, awarding the purchase of miscel-FIRE EQUIPMENT laneous fire equipment (28~items) to Akins Fire Equipment Co., PURCHASE the iow bidder, for $17,379.41 including the deduct of $186.00 for substituting like equipment, subject to the items complying with the City's specifications. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Garrison, awarding the purchase of radio equip-FIRE RADIO ment for the Fire Department to Air Comm, the low bidder, in the EQUIP. PURCHASE total amount of $4,569.55. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1976 Page - 5 MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-156 RES. 1976-156 awarding the contract for Johnny Cake Ridge Road street improve- JOHNNY CAKE RD. merits to Enebak Construction Company, the low bidder, in the amount IMPROVEMENTS of $635,967.51 of which $389,409.34 is for construction in Apple CONTRACT AWARD Valley and $246,558.17 is for construction in Eagan. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Hayes, approving a Change Order of CHANGE ORDERS $4,972.75 to Project 75-89A with Parrott Construction and a Change ACADEMY VILLAGE Order of $4,956.60 to Project 76-1 with Fischer Construction for HEMLOCK COURT N. utilities and street improvements, respectively, in Hemlock Court North in Academy Village. Ayes - 4 - Nays - 0. Consideration of items on Project 74-61, 140th Street Construction, with Sullivan Construction, was tabled. The City Clerk reviewed the change order for the Fire Station parking lot and said an error was made in calculating the cost. The estimated amount was incocrect and he asked the Council what funds should be used to pay for it. He said the portion of pathway south of County Road 42 has not yet been constructed and was included in the bond issue. If the parking lot and pathway are paid from bond issue funds, an additional $4,750.00 may be needed. He also said Revenue Sharing Funds for this entitlement period have not yet been committed and a portion could be used for either the parking lot or pathway com- pletion. The Council agreed bond issue funds should be used to pay for the parking lot and if additional funds are needed to complete the pathway, Revenue Sharing Funds could be used. MOTION: of Garrison, seconded by Branning, approving Change Order No. 1 FIRE PARKING (Revised) to Project 72-28D for the Fire Station parking lot in LOT C.O. the amount of $14,155.85. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, accepting Deep Well No. 6 as final FINAL - WELL 6 from Keyes Well Drilling Company. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-157 approving plans and specifications for Project 76-7A, Street Im- provements in Chateau Estates, Timberwick 3rd and LaPaz 2nd, and authorizing advertisement for bids to be received October 12th, 1976, at 2:00 p.m. Ayes - 4 - Nays - 0. RES. 1976-157 PROJECT 76-7A P & S AND BID ADVERTISEMENT RES. 1976-158 STATE-CITY SIGN PROGRAM MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-158 approving an agreement to participate with the State of Minnesota in a street sign program, as per the survey done, with the State paying 90 percent and the City 10 percent. Ayes - 4 - Nays - 0. The Council received a memo from the City Administrator concerning pedestrian traffic to Diamond Path Elementary School and Apple Valley Senior High School for review. MOTION: of Branning, seconded by Hayes, approving construction of black- PATHWAY top pathways by Herb Griepp Contracting, for the low quotes, at CONSTRUCTION the north end of Dory Court, $877.00, and connecting the pathway at the underpass to 147th Path, $478.00, with park development funds from Trans Union. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1976 Page - 6 The Council received a memo from the City Clerk on various Committee and Commission vacancies. The Clerk will put a notice in the newspaper of the vacancies asking for interested volunteers. A letter of appreciation was received from the Minnesota Zoo for the Fire Department's response to a fire at the Zoo site. MOTION: of Branning, seconded by Hayes, accepting the resignation of Larry ANIMAL WARDEN Aldape, Animal Warden, effective September 13th, I976, and authori-RESIGNATION zing recruitment of a replacement for this position. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Garrison, approving a salary increase for GRETZ SALARY John Gretz effective August 1, 1976, of eight percent, $133.00 REVIEW monthly. Ayes - 4 - Nays - O. MOTION: of Hayes, seconded by Garrison, approving a salary increase for Richard Asleson, effective July 15, 1976, or 7.75 percent, $142.00 monthly. Ayes - 4 - Nays - 0. ASLESON SALARY REVIEW ZOO DIRECTION SIGNS MOTION: of Hayes, seconded by Branning, granting a variance for direct- ional signs to the Zoo routing construction traffic along County Road 42 and north on Johnny Cake Ridge Road during construction of the northern portion of Johnny Cake Ridge Road in Apple Valley and Eagan. Ayes - 4 - Nays - 0. The City Clerk commented that an informational letter on the September 14th liquor question was mailed September 7th and a brochure on the City Hall expansion was mailed today to all postal patrons in Apple Valley. MOTION: of Branning, seconded by Hayes, approving reducing greens fees to GOLF COURSE $2.00 at Lebanon Hills Golf Course after 5:00 p.m. on weekends FEES and on weekdays during this fall season, as recommended by the Park Director. Ayes - 4 - Nays - 0. Councilman Garrison said he has discussed the possibility of having a Police Officer as a liaison at the Senior High School with Superintendent Bristol. He said the School is interested in providing parttime office space and a phone for such an officer to discuss problems with or answer questions for students. The Council agreed he should pursue this further with the School District. Mr. Sheldon of the City Attorney's office said property owners along Johnny Cake Ridge Road have been contacted about providing easements and most of them have agreed to pro- vide the easements. However, he asked the City to inform the contractor not to begin work in those areas where easements have not yet been obtained. The City will do so and notify the contractor when the easements have been finalized. MOTION: of Branning, seconded by Hayes, to pay the claims and bills, checks CLAIMS & BILLS numbered 1703 through 1716 and 2386 through 2469, in the total amount of $2,149,582.81. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Garrison, to adjourn. Ayes - 4 - Nays - 0. The meeting adjourned at 10:39 o'clock p.m.