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HomeMy WebLinkAbout09/22/1976CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 22, 1976, at 7:00 o'clock p.m. PRESENT: Mayor Largen; Councilmen Branning, Hayes, Holton (attended at 7:05 p.m.) and Garrison (attended at 8:35 p.m. Because he was representing City at a Metropolitan Council meeting); Clerk Asleson. ABSENT: None. Mayor Largen called the meeting to order at 7:02 p.m. The Council members and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. Public Hearing - The Mayor called the public hearing to order at 7:05 p.m. on Assessment Roils No. i14 through 120 and noted the affidavit of publication. The City Clerk reviewed each of the proposed Assessment Rolls and the Mayor called for questions or comments from the Councilmembers and members of the public on each. No. 114 is Heritage Hills utilities and street improvements in the total amount of $200,647.14. No. 115 is Heritage Hills 2nd Addition utilities and street improvements in the total amount of $168,738.43. No. 116 is Apple Valley Square utilities improvements in the total amount of $121~686.66. No. 117 is Carrollwood Village 2nd Adition utilities improvements in the total amount of $73,400.32. No. 118 is Carrollwood Village 2nd Addition and Timberwick 2nd Addition street improvements in the total amount of $36,596.16. No. 119 is Zoo water service in the total amount of $125,435.00. No. 120 is well field water extensions in the total amount of $163,653.60. Mr. George Spell, of Shakopee Sand & Gravel Co., said they are objecting to their assess- ment under Roll No. 120 because they already have their own well on their property and presented a letter from their attorney, J'. Robert Nygren, which the Council received and reviewed. Mr. Don Berry, of Williams Bros. Pipeline Co., said they are objecting to their assessment under Roll No. 120 because they do not believe part of the land being assessed has any future development potential. Mr. McMenomy, City Attorney, commented on assess- ment laws related to benefit of property from improvements and said the consideration is based on all possible uses of the land, not necessarily the p{esent land use. There being no further questions or comments, the Mayor declared the hearing closed at 7:23 p.m. MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-160 RES. 1976-160 adopting Assessment Roils No. 114 through 120 as presented. Ayes - ASSMT. ROLLS 4 - Nays - 0. MOTION: of Branning, seconded by Holton, approving the minutes of the meet- SEPT. 8, 1976 ing of September 8th, 1976, as written. Ayes - 3 - Nays - 0 MINUTES (Largen Abstained). MOTION: of Holton, seconded by Branning, approving the minutes of the SEPT. 15, 1976 special meeting of September 15th, 1976. Ayes - 3 - Nays - 0 MINUTES (Largen Abstained). Mr. James Olsen, of Juran & Moody, Inc., was present with the final documents concerning issuance of a $1,803,000 Commercial Development Revenue Note related to Apple Valley Square. The City approved a preliminary resolution on this September 10th, 1975. Mr. McMenomy said his office has reviewed the documents and they appear to be in order. He said the City is involved in this only to the extent that it has the legal title to the property while the mortgage is being paid. The developer is the party in interest through a lease and when the mortgage~has been paid, the developer acquires title to the property. This procedure is permitted by a State Law to provide lower interest loans for industrial and commercial development. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1976 Page - 2 MOTION: of Branning, seconded by Holton, adopting Resolution No. 1976-161 authorizing the issuance of $1,803,000 Commercial Development Rev- enue Note for Apple Valley Square Shopping Center, subject to new legal description being inserted in the paperwork, and authorizing the Mayor and Clerk to sign the documents. Ayes - 4 - Nays - 0. RES. 1976-161 DEV. REV. NOTE A.V. SQUARE The Council received a memo from the Fire Chief concerning future equipment needs, in particular an aerial truck. The Clerk noted that budget preparation is in progress and this item could be taken into consideration with a recommendation then. The Council received a memo from the Administrator concerning pedestrian traffic to Diamond Path Elementary and Apple Valley Senior High Schools and snow removal from side- walks in school areas. The Council said it may be desirable to establish a policy of sidewalk snow removal in certain areas. MOTION: of Branning, seconded by Hayes, requesting Urban Planning & Design to do a feasibility study of which sidewalks and pathways serve schools and which ones should be considered for snow removal, and have the staff determine the costs of such a project, all of which will be reported back to the Council. Ayes - 4 - Nays - 0. PLANNING STUDY SIDEWALK SNOW REMOVAL MOTION: of Holton, seconded by Branning, approving a tax abatement on parcel TAX ABATEMENT 01-11710-130-03 for taxes payable in 1974, 1975 and 1976 because of a miscalculation in the assessed valuation as recommended by the Dakota County Assessor's Office. Ayes - 4 - Nays - 0. The City Clerk commented on the City'a present sidewalk policy of requiring sidewalks on both sides of all streets except cul de sacs of fewer than 15 dwelling units or less than 500 feet in length and exceptions for topographical problems. He also said since this policy has been in effect, very few streets have been constructed with sidewalks on both sides since developers have put in more cul de sacs and have had more "topographical problems". The Council reiterated its reasons for having sidewalks, especially child safety. Robert Carlson, of Thompson Construction, Daune Barth and Robert Rudolphi (all involved in home construction in the City) all commented on various reasons for not having sidewalks, such as cost, topography and the fact that many people do not care if they have sidewalks or not. (Councilman Garrison attended at this time.) MOTION: of Hayes, seconded by Holton, directing the Clerk to draft an ordi- DRAFT SIDEWALK nance for further Council consideration setting out the specific ORDINANCE sidewalk policy in the City. Ayes - 4 - Nays - 0 (Garrison Abstained). The Clerk presented the request of Heritage Hills Development Corporation to delete side- walks in the Heritage Hills Additions. Mr. Barth showed pictures of the topographical problems involved in installing sidewalks in those Additions and the trees he would have to remove. The Council took no action so the requirement to install sidewalks remains as in the Agreement. MOTION: of Branning, seconded by Holton, approving a revised Agreement with REVISED CEDAR the School District 196 concerning Cedar Elementary School with the SCHOOL AGREEMENT wording, "The School has acquired by condemnation", and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1976 Page - 3 The Council received a notice of a September 30th, 1976, Community Services Program Meeting of School District 196. Councilmen Hayes and Branning will attend it. The Council reviewed a draft of the Planned Development Agreement for Greenleaf Phase IV and concurred with it. It will be brought back for a final review with paragraph 14 concerning roads when the road policy has been revised. MOTION: of Garrison, seconded by Branning, approving a building permit for an BLDG. PERMIT addition to the east end of Penny's Shopping Center of 40 ft. by 100 PENNY'S ADDN. ft. and 140 ft. by 100 ft. to complete the building as recommended by the Architectural Committee. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1976-162 re- ceiving the Engineer-'s preliminary report on utilities for Green- leaf Phase IV and setting a public hearing on November 10th, 1976 at 8:00 p.m. on the improvements. Ayes - 5 - Nays - 0. RES. 1976-162 G.L. IV IMPR. HEARING The Clerk reviewed.a draft of the Subdivision Agreement for Academy Village with the Council. Mr. Price, of Suburban Engineering, showed plans for two eight-plex buildings on Lots 3 and 6 of Block 1 with the driveway to Lot 3 from 142nd Street (old Hayes Road) on the right-of-way. Various means of giving access to Lot 3 were discussed, either as proposed or through Lot 6 to 142nd Street at Hayes Road. Mr. Lundin, Attorney repre- senting Academy Village, said they would like to include restrictive covenants on the pathway easement prohibiting motorized vehicles from using the pathways. The Council said this does not have to be included in the Agreement, but should be a separate resolu- tion or ordinance covering all pathways in the City. MOTION: of Garrison, seconded by Hayes~ approving the Agreement and final ACADEMY VILLAGE plat of Academy Village as discussed, subject to staff inserting the AGREEMENT AND appropriate bond amounts in the Agreement, and noting this approval FINAL PLAT does not designate any specific access for Lot 3 of Block 1, and authorizing the Mayor and Clerk to sign the Agreement and plat. Ayes - 5 - Nays - 0. Consideration of Palomino Lakeside Meadows 6th Addition subdivision agreement and final plat was tabled. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1976-163 re- RES. 1976-163 ceiving the Engineer's preliminary report on utilities and streets COBBLESTONE for Cobblestone Lakeview Addition and setting a public hearing on IMPR. HEARING October 13th, 1976, at 8:00 p.m. on the improvements. Ayes - 5 - Nays - 0. The Council received the Engineer's preliminary report on interconnection of Apple Valley's and Rosemount's water systems for emergency purposes. Mayor Largen left the room at this time, 10:05 p.m. MOTION: of Hayes, seconded by Garrison, directing the Engineer's preliminary RSMT. & A.V. report on interconnection of Apple Valley's and Rosemount's water WATER SYSTEM systems be sent to the City of Rosemount and authorizing staff to CONNECTION begin preparing the joint powers agreement between the two Cities. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1976 Page - 4 MOTION: of Garrison, seconded by Hayes, approving Change Order No. 2 CHANGE ORDER 2 (revised) of $4,143.10 for the Calistro driveway construction on 140TH STREET the 140th Street road project between Cedar Avenue and Garden View PROJECT Drive. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Branning, accepting the 140th Street road pro- FINAL 140TH ject between Cedar Avenue and Garden View Drive as final from ST. PROJECT Sullivan Construction Company in the total amount of $102,143.76. Ayes - 4 - Nays - 0. Robert Rosene, City Engineer, reported on Federal Aid to Urban (FAU) road funding. He said very little money is available and does not believe the City could receive any of it. He suggested sending a letter, urging the money be given to Dakota County's application, since counties will be the first to receive any funding if money is available. MOTION: of Garrison, seconded by Hayes, granting a setback variance from 30 VARIANCE, LOT 1 feet to 15 feet on the street side of a corner lot, Lot 1 of Block BLOCK 2 P.H. 2, Palomino Hills 6th Addition Replat, for topography reasons as 6TH REPLAT recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Branning, reducing the developer's perform- ance bond for Greenleaf 7th and 8th Additions from $7,500 to zero and accepting, in liew thereof, a $2,000 cash escrow from Thompson Construction. Ayes - 4 - Nays - 0. G.L. 7TH & 8TH BOND REDUCTION MOTION: of Hayes, seconded by Garrison, adopting Resolution No. 1976-164 providing for no parking signs on the east side of Hayes Road be- tween County Road 42 and 145th Street. Ayes - 3 - Nays - 0 (Branning Abstained). RES. 1976-164 NO PARKING AREA MOTION: of Branning, seconded by Garrison, authorizing installation of a STREET LIGHT street light on Ellice Trail across from Europa Court to be owned ELLICE & EUROPA by Dakota Electric at $5.50 monthly including repairs and maintenance. Ayes - 4 - Nays - 0. Councilman Hayes requested staff to explore means of improving the sight distance where the pathway intersects Ellice Trail to make it a safer intersection. The Council directed the Urban Affairs Committee to review the conditions under which a transient merchant license is required. The Council directed staff to recruit an accounting clerk because the existing employee intends to resign. MOTION: of Branning, seconded by Holton, approving hiring Cheynay Miller for HIRE MILLER 10 hours per week in an after school program at $2.30 hourly, he was PARTTIME a CETA employee during the summer. Ayes - 4 - Nays - 0o The City Attorney said there has been some difficulty in obtaining a couple of easements for Johnny Cake Ridge Road and asked for authorization to begin condemnation proceedings. MOTION: of Hayes, seconded by Garrison, adopting Resolution No. 1976-165 authorizing the City Attorney to begin condemnation proceeding on the Doyle and Hoklas CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 1976 Page - 5 properties for easements for Johnny Cake Ridge Road construction. Ayes - 4 - Nays - 0. RES. 1976-165 CONDEMNATION RECALL SIDEWALK STUDY ACTION MOTION: of Branning, seconded by Hayes, recalling the motion concerning a feasibility study of sidewalks and pathways serving schools to be done by the City's Planning Consultant. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, clarifying the original motion re- CLARIFY REQUEST questing Urban Planning & Design to do a feasibility study limited FOR SIDEWALK only to a routing layout plan of which sidewalks, and pathways should STUDY be considered for snow removal and the internal City staff is request- ed to do the cost study of it. Ayes - 4 - Nays - 0. Mayor Largen returned to the room at this time, 10:24 p.m. The Clerk presented a memo from Peterson, Clark & Associates concerning the construction management aspect of architectural services for the Municipal Building expansion. He recommends using construction management because of the complexity of the project, the potential cost savings and the lack of available internal City staff time to supervise the project. Mr. Peterson explained the "fast tracking" method for earlier occupancy of the building, tf the Council is not interested in early occupancy, construction manage- ment would not be of as much benefit. Using fact tracking and construction management, the City could issue separate contracts for various items of work and take bids separately. Work on footings, etc., could be underway before other contracts are let and the City could order material with long delivery schedules early so it could be delivered on time. Councilman Branning asked when a complete set of plans and specifications could be ready for the City to take bids on the entire project. Mr. Peterson said in about six months which would mean spring construction. The Council discussed its concern over not knowing the final cost of the project until all bids have been let and some of the work already completed if the fast tracking method were used. It said by waiting until all plans and specifications have been completed and taking all bids at one time, the cost will be known and if the bids are too high, where to make cuts. The decision on whether or not to use construction management does not have to be made now, but if fast tracking is to be used, that decision needs to be made now. No action was taken. The Council received an invitation to Town Meeting '76 to be held October 16th, 1976, at the Apple Valley Senior High School. The Clerk also noted that items for the Council Table newsletter should be submitted within the next week if an issue is to be published before October 16th, 1976. The Council discussed the diesel fuel storage tank at the Fire Station and asked that it be moved to the Public Works Garage. MOTION: of Branning, seconded by Hayes, to pay the claims and bills, checks CLAIMS & BILLS numbered 1717 through 1735 and 2476 through 2609, in the total amount of $712,545.46. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting adjourned at 11:20 o'clock p.m.