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HomeMy WebLinkAbout12/22/1976CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22, 1976, at 7:00 o'clock p.m. PRESENT: Mayor Largen; Councilmembers Hayes and Holton, Branning and Garrison (attended until 9:25 p.m.); 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. Councilmember Garrison gave the invocation. MOTION: of Garrison, seconded by Holton, approving the minutes of the meet DEC. 8, 1976 ing of December 8th~ 1976, as written. Ayes - 5 - Nays - 0. MINUTES The Clerk opened the sealed bids received for $250,000 Municipal Building Revenue Bonds of 1977 which were as follows: Allison-Williams Company at a net interest rate of 6.4363 percent; Cronin & Marcotte, Inc., at a net interest.rate of 6.048 percent; and Piper, Jaffrey & Hopwood at a net interest rate of 6.8646 percent. Mr. James Olsen, of Juran & Moody, Inc., then took the bids to tabulate them. Mr. James Moser, 469 Reflection Road, came before the Council to ask for a credit on his utility bill stating, for the past eight years, his home has not been served with normal water pressure similar to other homes in the City. He said the Council has already re- cognized this problem in eight or ten homes in North Apple Valley and installed pressure tanks in the basements. John Gretz showed the location of these homes which are near the Redwood tower and there was no other way to increase water pressure for these homes. Mr. Gretz said the Council has already authorized the installation of a pressure reducing valve in the water main servingthe Reflection Road area and it should be completed in January. The Council asked Mr. Moser to wait and see if this corrects the problem when it has been installed. Mr. Moser said he knows this is being installed but he is asking for a credit on the service he has received in the past. Mr. Gretz explained that there are different water pressure zones over the entire City because water pressure must be adjusted for different elevations and instead of referring to these zones as 1, 2, etc., they arel called low, high, etc., on the ma'ps. The Council also said when the Redwood tower was installed, the need for water usage was not as great as it is now, but the system is being modified. If all systems were designed for their maximum use when they were installed, the cost would be too high for most people to afford. MOTION: of Holton ts reject~James Moser's application for a credit on his REJECT MOSER utility bills. REDUCTION Councilmember Garrison asked Mr. Moser if he would be willing to withdraw his request for a credit and wait until the pressure reducing valve has been installed. Mr. Moser said no he would not. The above motion was then seconded by Branning. Mr. Moser said he would give the benefit of doubt on the system, but hoped future systems would be installed adequately The Council noted that most of Mr. Moser's problems with water pressure occurred during the summer when water is used for lawn sprinkling. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1976 Page - 2 Mayor Largen also noted that part of the water system was not built by the City, but was constructed by a developer. Vote was taken on the above motion. Ayes - 5 - Nays - 0. Mr. James Olsen reviewed his tabulation of the bids received for the $250,000 Municipal Building Revenue Bonds and noted a correction in the bid of Piper, Jaffrey & Hopwood to 6.8643 percent net interest, also that Paine, Weber, Jackson & Curtis was bidding with them. He recommended award to the low bidder. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1976-202 RES. 1976-202 awarding the sale of $250,000 Municipal Building Revenue Bonds RES. 1976-203 of 1977 to Cronin & Marcotte, Inc., the low bidder, at the net $250,000 MUN. interest rate of 6.048 percent and authorizing return of the good BLDG. BONDS faith checks to the unsuccessful bidders; and adopting Resolution No. 1976-203 providing for the issuance of the above bonds. Councilmember Branning said he still believes the City should lease the building and see if the second liquor store operation is feasible before purchasing the building. Vote was taken on the above motion. Ayes - 4 - Nays - 1 (Branning). Mike Bassett said the Dakota County Park Department is applying to the State for a grant to purchase a portable sawmill and supporting equipment to saw logs fm diseased trees and make usable lumber from them, Mr. Charles Lowery, Dakota County Park Director, was present with his Boy Scout Troop, MOTION: of Branning, seconded by Holton, adopting Resolution No. 1976-204 RES. 1976-204 endorsing the Dakota County Park Department application for a ENDORSE COUNTY State of Minnesota grant to purchase a portable sawmill for wood PARK DEPT. APP. waste disposal and utilization of diseased wood. Ayes - 5 - FOR SAWMILL Nays - 0. The Council discussed adopting, in ordinance form, its policies relating to sidewalks. Councilmember Hayes said he did not know if it should be an ordinance because it would limit the Council's flexibility to judge individual cases. The Council noted this is the only way to absolutely establish its policy and if it is unworkable, it can be changed. MOTION: of Garrison, seconded by Holton, adopting Ordinance No. 183, amend-ORDINANCE 183 ing Ordinance No. 9, requiring sidewalks on both sides of streets SIDEWALK with a 80-foot right-of-way or less, except cul de sacs or looped/ POLICIES circle streets of less than 1,000 feet in length. Motion and second agreed to amend above motion by adding a paragraph stating the Council shall consider requiring sidewalks on streets with a right-of-way greater than 80 on an individual case by case basis. Councilmember Branning asked what a reasonable number of houses on a cul de sac would be? Mr. Orrin Thompson said it depends on the land. In some areas, longer cul de sacs make the best reasonable use of the land. John Gretz said with a 1,000-foot length on a cul de sac, the maximum number of homes would be 29, but most would probably have about 20 because of setback and topography considerations. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1976 Page - 3 Motion and second agreed to amend the above motion by adding the de- finition of a looped/circle street.which is a street beginning at a street, curving around and ending at the same street. Vote was taken on the original motion and amendments. Ayes - 5 - Nays - 0. The Council discussed the various 1977 liquor license applications and agreed the Clerk should send a letter with the licenses asking if the establishments would consider making food service available later in the evening. MOTION: of Hayes, seconded by Garrison, adopting Resolution No. 1976-205 RES. 1976-205 approving the 1977 on-sale liquor license and special Sunday on- BEEF 'N' BREW sale liquor license for Beef 'N' Brew, Inc. Ayes - 5 - Nays - 0. LIQUOR LICENSE MOTION: MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1976- 206 approving the 1977 on-sale liquor license and special Sunday on-sale liquor license for Apple Development, Inc., d/b/a/ Apple Place. Ayes - 5 - Nays - 0. of Holton, seconded by Branning, adopting Resolution No. 1976- 207 approving the 1977 on-sale liquor license and special Sunday on-sale liquor license for Lyndale Investment, Inc., d/b/a/ Lemon Tree Restaurant. Ayes - 5 - Nays - 0. RES. 1976-206 APPLE PLACE LIQUOR LICENSE RES. 1976-207 LEMON TREE LIQUOR LICENSE John Voss reported on the request of Dr. Simons for a building permit for a dental facility in Valley Commercial Park 2nd Addition, which was tabled from the December 8th meeting. Mr. Voss said they have been trying to locate an alternate site in a B-1 zoning district, but do not have a solution yet. Dr. Simons was present and asked that his request be tabled for the present time. John Voss reviewed the Planning Commission's recommendation on the preliminary plat of Palomino Hills 7th Addition. Among the items recommended were adding a minimum of 10 feet in width to the lots on the western edge of the plat because a 40-foot setback from Garden View Drive is required and showing the utility and drainage easements on the final plat. MOTION: of Holton, seconded byBranning, approving, in concept, the prelim- PAL. HILLS 7TH inary plat of Palomino Hills 7th Addition and directing staff to CONCEPT prepare a development agreement for Council consideration, as re- APPROVAL commended by the Planning Commission. Ayes - 5 - Nays - 0. John Voss reviewed the Planning Commission's recommendation on the preliminary plat of Hidden Ponds. This plat would contain one and two family dwellings east of Cedar Avenue and south of the Cedar Knolls area. This area was originally zoned for multiple dwellings. The Planning Commission suggested the Highway Department should acquire extra right-of- 'way for the Cedar Avenue-County Road 38 interchange for an extra buffer area. A strip of land will be left between these lots and the proposed road and will be virtually unusable because of the topography. Keith Gordon, of the City Engineer's office, said sewer and water laterals have been installed in this area, but additional services will need to be installed because those presently installed are for apartments. The Clerk said there are assessments and back taxes due on the property and if the developer can receive concept approval now, he will be able to get his financing and pay off these taxes before the end of the year. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1976 Page - 4 MOTION: of Garrison, seconded by Holton, approving, in concept, the prelim- HIDDEN PONDS CONCEPT APPROVAL inary plat of Hidden Ponds and directing staff to prepare a de- velopment agreement for Council consideration, as recommended by the Planning Commission, and stipulating that the developer show the Cedar Avenue and County Road 38 interchange on maps used for sales of these lots. The Council discussed future access to the property when Cedar Avenue is upgraded. If the Highway Department severs access to Cedar Avenue, it will be required to provide an alternate access for the property. Barbara Savanick asked developer if each prospective purchaser could be given a copy of a map to study showing the highway locations. Mr. Frank Kleckner said they are preparing aerial photos of the area and will show an overlay of the lots for buyer to look at. Vote was taken on the above motion. Ayes - 5 - Nays - O. - The Council continued the discussion on snowmobiling from the December 8th meeting. Mayor Largen said people who live on lakes and people who use snowmobiles each have rights to be protected and setting a time limit on snowmobiling on the lakes seems to be the best way to protect those rights. Mr~ Paul Deerstead, of the Department of Natural Resources, was present to comment on snowmobile regulations. He said on State land a reasonable speed limit has been determined to be 50 miles per hour. The Attorney General's Office told him restrictions on snowmobiling on lakes in a city must be ap- proved by the DNR, but if snowmobiling is prohibited entirely in a city, it does not need DNR approval to do so. He also said the DNR only enforces State laws, not city or county laws. Councilmember Holton asked about regulations on lakes which lie between two com-. munities. Mr. Deerstead said the Attorney General did not have an answer to .this, but it would depend on whether or not the communities' boundaries were through the lake or around it. Councilmember Hayes asked whether any restrictions were placed on Alimagnet Park be- cause of the Federal funding involved? Mike Bassett said he had checked with HUD and there were no restrictions, only that it be public land. The question was asked on how close snowmobiles can be ridden to homes. The Clerk said if they are within 300 feet of a home the maximum speed limit is 10 miles per hour. The western end of Long Lake was discussed and it appears any snowmobile on the western part of that lake would be within 300 feet of a home. The Mayor said signs could be erected noting a 10 mile per hour speed limit there. The Mayor asked Mr. Deerstead how long it would take the DNR to approve the City's request for time restrictions? Mr. Deerstead said he did not know, but probably not more than several days and said the request should be directed to Joseph Alexander, Assistant Commissioner. Howard J. Brewer, 5545 - 133rd Street Court, said he wanted to be on record opposing allowing snowmobiling on the lakes at all and commented on the liability for accidents to children resulting from snowmobiling. MOTION: of Holton, seconded by Hayes, adopting Ordinance No. 184, amend- ing Ordinance No. 182, by placing the same time restrictions on snowmobiling on lakes as in the rest of the City and submitting these regulations to the Department of Natural Resources for approval; this ordinance would not become effective until such approval is received and the ordinance is published in the news- paper. Ayes - 5 - Nays - 0. ORDINANCE 184 SNOWMOBILE TIME RESTRICTIONS ON LAKES CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1976 Page - 5 The Council directed staff to prepare a recommendation for a specific trail location through Alimagnet Park to Alimagnet Lake for Council consideration. Staff was also directed to post signs on Long Lake in the area the 10 mile per hour speed limit applies. MOTION: of Hayes, seconded by Holton, designating the road right-of-way for 140th Street, between Cedar Avenue and Galaxie Avenue, as a snowmobile trail with a speed limit of 10 miles per hour and to be marked with signs to that effect. Ayes - 5 - Nays - 0. 140TH RIGHT- OF-WAY MARKED TRAIL FINAL PLAT JOHNSON'S ADDITION FINAL PLATS GREENLEAF llTH & 12TH ADDNS. Councilmembers Branning and Garrison left at this time, 9:25 p.m. MOTION: of Holton, seconded by Hayes, approving the final plat of M.D. Johnson's Addition and authorizing the Mayor and Clerk to sign it, subject to receiving park and pond cash dedication funds $1,165.50. (No agreement is required.) Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving the final plats of Greenleaf 11th and 12th Additions and authorizing the Mayor and Clerk to sign them. The development agreement is still subject to information on the City's road policy. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1976-208 RES. 1976-208 amending the City's election precinct boundaries for all future ELECTION elections from 7 to 11 precincts, as listed. Ayes - 3 - Nays - 0.PRECINCTS. MOTION: of Holton, seconded by Hayes, approving Change Order No. 1 of an PROJECT 76-4 additional $2,109.90 and accepting as final project 76-4, Chateau C.O. & FINAL Estates utilities, from Consolidated Plumbing. Ayes - 3 - Nays-0. ACCEPTANCE MOTION: of Hayes, seconded by Holton, approving Change Order No. 2 of an PROJECT 76-1 additional $1,659.00 tO Project 76-1, related to work on Whitney C.O. 2 Drive, for Fischer Sand & Aggregate. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving Change Order No. 2~to an PROJECT 76-7 additional $3,618.30 to Project 76-7, street improvements in the C.O. 2 Meadows 6th Addition, for McNamara-Vivant Contracting. Ayes - 3 - Nays - 0. MOTION: of Hayes, seconded by Holton, directing the Engineer to prepare a PRELIM. REPORT preliminary report for street improvements on Garden View Drive ACADEMY VILLAGE from Academy Village to County Road 38, including sidewalk im- STREET & SIDE- provements, and sidewalk improvements on the west side of Hayes WALK IMPROVEMENTS Road and both sides of 143rd Street. Ayes - 3 - Nays - 0. The Council received a letter from the City Engineer on the Lake Water Quality Testing Program and tabled action on it for more information. The Mayor said he had received a letter, today, from the Metropolitan Waste Control Commission stating no Federal funds were going to be available for construction and this would mean a delay in construction of the Empire Treatment Plant. The Clerk reviewed some of the history on this plant and the need for it. The Council suggested a letter be sent to the Commission for more information on this. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1976 Page - 6 MOTION: of Hayes, seconded by Holton, amending the Development Agreement DEV. AGREEMENT for Diamond Path 2nd Addition by extending the completion date for AMENDMENT improvements in paragraph 12 to August 31, 1977, as requested by DIAMOND PATH 2ND Trans Union Land Development Company. Ayes - 3 - Nays - 0. MOTION: MOTION: of Holton, seconded by Hayes, approving transient merchant lic- enses for Southview Seventh Day Adventist Church and Valley Athletic Assn. for five years and A.J. Steam Cleaning for one year. Ayes - 3 - Nays - 0. of Hayes, seconded by Holton, authorizing the Bicentennial Com- mission, which was appointed August 27, 1975, to continue into 1977 to complete the book project it is preparing. Ayes - 3 - Nays - 0. TRANSIENT MERCHANT. LIC. CONTINUE BICENTENNIAL COMMISSION RES. 1976-209 TRANSFER REV. SHARING FUNDS MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1976-209 transferring $18,406.37 and $35,182.00 from the Revenue Sharing Fund to the Golf and General Funds, respectively. Ayes - 3 - Nays - 0. MOTION: MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1976-210 transferring $40,000 from the Liquor Fund to the General Fund. Ayes - 3 - Nays - 0. of Holton, seconded by Hayes, adopting Resolution No. 1976-211 transferring $7,912.75 from the Special Police Fund to the Gen- eral Fund for partial reimbursement of police cars purchased~ Ayes - 3 - Nays - 0. RES. 1976-210 TRANSFER LIQUOR FUNDS RES. 1976-211 TRANSFER POLICE FUNDS URBAN PLANNING FEE SCHEDULE BASSETT SALARY REVIEW MOTION: MOTION: of Hayes, seconded by Holton, approving the adjusted fee schedule for Urban Planning & Design, Inc., effective January 1, 1977, as listed. Ayes - 3 - Nays - 0. of Holton, seconded by Hayes, approving a salary increase for Michael Bassett of 10.0 percent or $143.00 monthly effective November 12, 1976. Ayes - 3 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving hiring Cheyney Miller, Dennis Honsa, Gregory Honsa, Phil Stanch, Glenn Cozine, Curt Schmidt, Carolyn Young and Donna Dimenna as rink attendants; Wayne Thom as a basketball referee; James Butler as a basketball scorekeeper and Dena Henderson as a skating instructor at salaries as listed. Ayes - 3 - Nays - 0. HIRE PARTTIME EMPLOYEES Consideration of adopting the 1977 General Fund Budget was tabled. Consideration of adopting the 1977 Personnel Standards and Pay Plan was tabled. MOTION: of Holton, seconded by Hayes, setting a special Council meeting for January 3rd, 1977, at 7:00 p.m. at City Hall. Ayes - 3 Nays - 0. SET SPECIAL COUNCIL MEETING The City Clerk reviewed some of the financial problems Poppler-Cardarelle, Inc., have had in the Apple Valley East development and they will, apparently, be in default on some items at the end of this year. He asked the Council for authorization to cash in the Letter of Credit provided by them to cover some of these obligations. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1976 Page - 7 MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1976-212 RES. 1976-212 authorizing City staff to proceed with cashing the Letter of Credit A.V. EAST provided by Poppler-Cardarelle, Inc., for Apple Valley East. LETTER OF CR. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Hayes, to pay the claims and bills, checks numbered 2929 through 2921, 2923 through 2935 and 3364 through 3463, in the total amount of $404,474.85. Ayes - 3 - Nays - 0. CLAIMS & BILLS MOTION: of Hayes, seconded by Holton, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at t0:02 o'clock p.m.