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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.