HomeMy WebLinkAbout10/27/1976CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 1976
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota-
held October 27th, 1976, at 7:00 o'clock p.m.
PRESENT: Mayor Largen; Councilmen Branning, Garrison, Hayes and Holton; Clerk Asleson.
ABSENT: None.
Mayor Largen called the meeting to order at 7:00 p.m. The Councilmembers and everyone
in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the
invocation.
The Clerk opened and read the bids for the sale of $640,000 Improvement Bonds of 1976,
Series B. They were as follows: Bancnorthwest, net interest rate of 5.414 percent;
First National Bank of St. Paul, net interest rate of 5.654 percent; E.J. Prescott, net
interest rate of 5.4634 percent; and Piper, Jaffrey & Hopwood, net interest rate of 5.404
percent. Mr. James Olsen, of Juran & Moody, Inc., then checked the bid tabulations.
MOTION: of Branning, seconded by Hayes, approving the minutes of the special OCT. 12, 1976
meeting of October 12th, 1976, as written. Ayes - 4 - Nays - 0. MINUTES
MOTION:
of Branning, seconded by Holton, approving the minutes of the meet- OCT. 13, 1976
ing of October 13th, 1976, as written. Ayes - 4 - Nays - 0 MINUTES
(Largen Abstained).
The Clerk~read a letter from the resident of 100 Hayes Road asking the City to remove
the brick wall on the corner of Hayes Road and the County Road 42 service drive because
it is in need of repairs and many students hang around and sit on it. The City has
painted it in the past, but it now needs concrete work.
MOTION: of Garrison, seconded by Holton, authorizing removal of the brick REMOVE HAYES
wall at the corner of Hayes Road and the County Road 42 service BRICK WALL
drive by the City. Ayes - 5 - Nays - 0.
The Clerk said the Council had previously received a letter from Duane Barth asking the
Council to delete the sidewalk requirements in the Heritage Hills Additions. The Council
said the sidewalk requirements would remain, as per the Agreements with Mr. Barth. Mr.
Val A. Satko, of 12900 Hamlet Avenue, was present representing the homeowners in the
Heritage Hills area and read a petition signed by the residents stating they do not want
sidewalks. He said very few homes would have access to the sidewalk because it would
only be on one side of Hamlet Avenue and no sidewalks are proposed in the cul de sacs.
A trail system is proposed behind the homes and when this is installed, pedestrians will
use it.
Councilman Branning asked if the residents felt they had paid for the sidewalk in the
price of the lots. Mr. Satko said yes they probably did and a few asked if they would
be getting refunds if the sidewalk were not installed. He asked if the money to install
the sidewalk could be escrowed and when the Heritage Hills area is 75 percent occupied,
ask the residents then if they want sidewalk. He said they would rather see the money
used to install sidewalks along Palomino Drive or Garden View Drive where the speed limit
is higher and there is more traffic. The Clerk explained that since the sidewalk has
not yet been installed, no costs for the sidewalk have been incurred by the City or the
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 1976
Page - 2
developer. Any consideration of escrowing funds would have to be discussed with the
developer also. Councilman Hayes commented that Hamlet Avenue is a through-street,
meandering through the entire area from Palomino Drive to proposed new County Road 38,
and this is the only street with sidewalk in the area. The'sidewalk would keep the
pedestrian and vehicular traffic separate and the children do walk along Hamlet Avenue
to the school bus stop on Palomino Drive. Mr. Satko said with the sidewalk on the east
side of Hamlet Avenue, most of the children have to cross the street to get to it and
some trees will have to be removed to install it.
Councilman Garrison requested this item be tabled for two weeks and asked the staff to
review it and make a recommendation then. The Council agreed.
Mr. James Olsen said he has completed reviewing the bids for the $640,000 Improvement
Bonds and the tabulations were correct.
MOTION:
of Branning, seconded by Hayes, adopting Resolution No. 1976-177 RES. 1976-177
awarding the sale of $640,000 Improvement Bonds of 1976, Series B AWARD SALE
to Piper, Jaffrey & Hopwood, the low bidder, at the net interest OF BONDS
rate of 5.404 percent and authorizing return of the good faith checks
to the unsuccessful bidders. Ayes - 5 - Nays - 0.
John Gretz reviewed the Local Public Works Capital Development and Investment Program
application he and Peterson, Clark & Associates have prepared for Federal funding. It is
asking for $1,759,487 for the Municipal Building expansion, a park shelter building and
another fire station. This Program was developed by the Federal Government to keep more
people working and benefit the economy. If this application is approved, these projects
would be totally funded by the Federal Government. He also said he requests the Council
to authorize the architect to travel to Illinois to the Clearinghouse for Regional
Justice to obtain approval of the detention cells, which is still needed for the applica-
tion and deliver the application to the Economic Development Administration in Chicago.
MOTION:
of Branning, seconded by Holton, approving the Local Public Works APPROVE PUB.
Capital Development and Investment Program Application in the amount WORKS GRANT
of $1,759,487, authorizing the Mayor to sign it and authorizing its APPLICATION
submission to the Economic Development Administration. Ayes - 5 - Nays - 0.
MOTION:
MOTION:
MOTION:
of Holton, seconded by Hayes, authorizing Steve Whitney, of Peter- AUTHORIZE
son, Clark & Associates, to travel to Illinois for information from DELIVERY OF
the Clearinghouse for Regional Justice and deliver the Application APPLICATION
to the Economic Development Administration in Chicago. Ayes - 5 -
Nays - 0.
of Branning, seconded by Hayes, granting a variance of 10 feet on
the sideyard at 244 Strese Lane to permit construction of a double
garage. Ayes - 5 - Nays - 0.
VARIANCE FOR
GARAGE
of Holton, seconded by Garrison, authorizing the Mayor and Clerk to DOYLE WAIVER
sign a Waiver of Entry document for the Doyle property concerning OF ENTRY
construction of Johnny Cake Ridge Road. Ayes - 5 - Nays - 0.
MOTION:
of Branning, seconded by Hayes, authorizing the Mayor and Clerk to
sign two street easement agreements with the State of Minnesota
for construction of Johnny Cake Ridge Road. Ayes - 5 - Nays - 0.
STATE EASEMENTS
JOHNNY CAKE RD
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 1976
Page - 3
The City Attorney reviewed the history of the Alimagnet parkland dedication by Vista
Development under the Cluster Zoning Agreement. At the time it was dedicated, it was
believed County Road 40 would be constructed in that area and a parcel was excepted
for the road right-of-way. That excepted parcel is now being platted as Timberwick 3rd
Addition. The County Surveyor will not accept the legal description for the parcel be-
cause it refers to a road right-of-way that does not exist and this legal description
must be clarified before the plat can be recorded. A new description for the property
has been obtained, based on.section lines and not the road right-of-way. Mr. McMenomy
said he suggests that Vista Development deed the property to the City and the City, in
turn, deed the property back to Vista Development with the new legal description and
this will make it acceptable to the County.
MOTION:
of Garrison, seconded by Hayes, authorizing acceptance of a deed for DESCRIPTION
the parcel of land to be known as Timberwick 3rd Addition from CLARIFICATION
Vista Development and authorizing the Mayor and Clerk to execute a TIMBERWICK 3RD
deed for the same property with a new legal description to Vista
Development, as recommended by the City Attorney. Ayes - 4 -
Nays - 1 (Branning).
Councilman Branning said he still does not believe this property should be platted for
homes. He asked the staff to review access to Alimagnet Park from Garden View Drive and
make a recommendation on it.
MOTION:
MOTION:
of Garrison, seconded by Holton, authorizing the installation of
street lights, as per the color coded map on file, and at the in-
tersections of 127th, 140th and 147th Streets with Galaxie Avenue,
134th and 139th Streets with Johnny Cake Ridge Road, County Road 38
and Cimarron and the entrance to Westview from Hayes Road; approving
using decorative high pressure sodium lights'in Apple Valley 13th
Addition and directing staff to have various wattages of high pressure
sodium and mercury vapor lights installed in several areas to determine
which light is preferred. Ayes - 5 - Nays - 0.
of Branning, seconded by Holton, approving Change Order No~ 5 to
Proj.ect 74-54A, Greenleaf 9th Addition, for $4,003.00 for addit-
ional work requested by the developer. Ayes - 5 - Nays - 0.
STREET LIGHTS
CHANGE ORDER 5
PROJ. 74-54A
MOTION:
of Holton, seconded by Hayes, adopting Resolution No. 1976-178 order- RES. 1976-178
ing Project 76-15, utility improvements for 38 lots in Greenleaf ORDER IMPR.
Phase IV, as requested in a petition from the property owner. PROJ. 76-15
Ayes - 5 - Nays - 0.
MOTION: of Garrison~ seconded by Holton, adopting Resolution No. 1976-179
approving Change Order No. 6to Project 74-54A in the amount of
$82,900.90 for utilities to serve 38 lots in Greenleaf Phase IV.
Ayes - 5 - Nays ~ 0.
Consideration of items relating to Cobblestone Lakeview Addition was tabled.
RES. 1976-179
CHANGE ORDER 6
G.L. IV IMPR.
MOTION:
of Hayes, seconded by Garrison, approving a change order of $3,618.30 CHANGE ORDER
to Project 76-7A for street improvements in Palomino Lakeside Meadows PROJ. 76-7A
6th Addition, as requested by the developer~ Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 1976
Page - 4
The Park Committee recommendation to have concept plans prepared for nine park areas on
which no plans have yet been prepared was received.
MOTION: of Branning, seconded by Holton, authorizing John Voss, the City's PARK CONCEPT
planning consultant, to prepare concept plans for nine park areas PLANS
at a cost of not more than $1,960.00, as recommended by the Park
Committee. Ayes - 5 - Nays - 0.
The Clerk presented a revised time table on dompletion of the second City liquor store.
The original opening date was proposed for November 1, 1976, but will not be met because
the developer did not begin construction early enough. The proposed opening date now is
March 1, 1977.
MOTION:
of Holton, seconded by Hayes, approving a position classification NELSON POSITION
change for Ronald Nelson from Parkkeeper II to Parkkeeper III for RECLASSIFICATION
the months of April through September, 1976 at an increase of $53.00
per month. Ayes - 5 - Nays - 0.
MOTION:
of Branning, seconded by Holton, approving a position classificationOLSON POSITION
change for Merlyn Olson from Custodian to Street Department effect- RECLASSIFICATION
ive July I, 1976, at an increase of $5.00 per month. Ayes - 5 - Nays - 0.
MOTION:
MOTION:
of Hayes, seconded by Holton, approving hiring Donna Coomes for the HIRE COOMES
position of Account Clerk effective November 1, 1976, at $575.00 ACCOUNT CLERK
per month. Ayes - 5 - Nays - 0.
of Hayes, seconded by Holton, adopting Resolution No. 1976-180 as- RES. 1976-180
suring the Minnesota Department of Corrections that construction PRISONER
and operation of the proposed prisoner holding cells in the Muni- HOLDING CELLS
cipal Building will be in accordance with State laws. Ayes - 5 - Nays - 0o
MOTION:
of Branning, seconded by Holton, adopting Resolution No. 1976-181
setting public hearings for 1977 on-sale liquor license renewals
of Apple Place, Beef 'N' Brew and Lemon Tree at 8:00 p.m. on Nov-
ember 23, 1976. Ayes - 5 - Nays - 0.
RES. 1976-181
LIQUOR LIC.
HEARINGS
MOTION:
MOTION:
of Garrison,
at the Sports Facility from Canteen Company, with the best percent-
age price quote, for a period of one year, subject to Mike Bassett
receiving several other quotes. Ayes - 5 - Nays - 0.
of Branning, seconded by Holton, approving hiring Tony Nelson for
the position of Animal Warden effective November 1, 1976, at
$125.00 per month. Ayes - 5 - Nays - 0.
seconded by Hayes, authorizing leasing vending machines ICE ARENA
VENDING MACHINES
HIRE NELSON
ANIMAL WARDEN
RIVERS ATTEND
COURSE
MOTION:
of Garrison, seconded by Holton, authorizing Lt. Lloyd Rivers to
attend a course at Mankato State College on Defensible Space at
$11.55 per quarter hour. Ayes - 5 - Nays - 0.
The Clerk said he has received a letter notifying the City of a meeting scheduled by the
State on assessment laws and valuation meetings at the Dakota County Board Room on
November 4, 1976.
CI~f OF APPLE VALLEY
Dakota County, Minnesota
October 27, 1976
Page - 5
A letter was received inviting the Mayor and City Administrator to attend a meeting
with various other Dakota County communities on November 5th, 1976. The meeting is to
discuss problems communities have when titles to parcels of land under five acres in size
are recorded on a metes and bounds legal description.
The Clerk commented on the Association of Metropolitan Municipalities general meeting
last week, and said the suburban communities were successful in having the wording of
the legislative policies charged related to the local aid policies.
MOTION:
of Hayes, seconded by Holton, setting a special Council meeting for SET SPECIAL
November 3rd, 1976, at 7:00 p.m. to canvass the results of the MEETING
November 2nd, 1976, General Election. Ayes - 5 - Nays - 0.
Councilman Garrison said he has met with Orrin and Gary Thompson who have agreed to
donate the building used for their office at the model homes next spring when they move
to a new model home site. The City will have to pay the cost of moving the building.
MOTION:
of Holton, seconded by Branning, to pay the claims and bills,
checks numbered 1752 through 1766 and 2800 through 2884, 2886 and
2887 in the total amount of $208,765.16. Ayes - 5 - Nays - 0.
CLAIMS & BILLS
MOTION: of Garrison, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0.
The meeting adjourned at 8:30 o'clock p.m.