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HomeMy WebLinkAbout04/27/1978CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1978 Minutes of the meeting of the City Council of Apple Valley, 'Dakota .County~ Minnesota held April 27th, 1978; at 7:00 o'Clock p.m. : ..... PRESENT: Mayor Branning; Councilmembers Fitzsimmons, Hayes, Holton and Savanick; Clerk Asleson. ABSENT: ~None. ~ ~ Mayor Branning 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. MOTION: of Hayes, seconded by Fitzsimmons, approving the agenda for APPROVE AGENDA tonight's meeting ~as amended, Ayes ~-:5 .- Nays- - 0. · MOTION:· of Fitzeimmons, seconded by~:Hayes, approving the minutes of the ' APRIL 13, i978:. meeting of April~13th, 1978·, as written. Ayes - 5'- Nays 7 0. MINUTES MOTION: of Holton, seconded by Hayes, approving the conse~nt agenda:,, as CONSENT AGENDA amended~ With no exceptions~ Ayes- 5-:Nays - 0~: CONSENT ITEMS MOTION: o2 Holton, seconded by Hayes~ gra~ting a sideYard setback VARIANCE - 228 variance :to:.~17~5 feet from thei!lot line,for a.garage ~t 228 STRESE LANE Sfirese Lane~as,recommended by the Planning Commission. Ayes= 5~ - Nays -'0~ :: ' · ~' ~ ~ MOTION: MOTION: of Holten, seconded~:by.Hayes;granting a frontyayd setba¢k VARIANCE 5707 Variancefto 25~feet:.from the lo~ line for a~garage at 5~07- t38th ST.·CT. 'i38th street court as~recOmmended .by'the Planning Commission. Ayes - 5 - Nays - 0. ~of~Holton;:seconded by Hayes, approving hiring Jay~R. Dewey HIRE.PARTTIME At:S8.00 hourly:as;Tennis:Coordinator;~Bruce Dahlke at..$5.00 .PERSONNEL: hourly, Ken Kaiserat$4.00, and Robert. Tjaden~i'.MichaelMoge9 and Denise Remak at $7.00 hourly as Tennis Instructors. alt.. : ::~ effective April 17, 1978; and Reuben Lindh at $3.00 hourly for golf maintenance effective May 1, ·1978; Jeffery Benjamin and Glen Cozine at $3.50 hourly effective May 1, 1978, David Sheri~an'and'Richard'Wiggin at $3.75hourly effective·May 22 and June 5, 1978, all for park maintenance. Ayes - 5 - Nays - 0. MOTION: of Holton,' sehonded byHayes, adopting Resolution No.' 1978-57 RESt. 1978-5~. ~ 'app~bving plans and speci'fications for~.ProJect 75,89(1)., street pROj. 78-89(1) · iimprovements~in.Academy Village, Longr.idge let, Apple Valley P & S &BIDS East 3rd and Garden View Drive overlay, and authorizing adver- tisement for bids to be received May 26th, 1978, at 2:00 p.m. Ayes - 5 - Nays - 0.. ' ~ ~ '~' ':~ MOTioN': of Holton, seconded by Hayes:, adopting Resolution No. 1978-58 RES. 1978-58 approving plans and specifications for Project 75-89(2), PROJ. 75-89(2) - u~ility improvements:in Academy Village 'and..App!e Valley East · P & S & BIDS 3rd, and~ahtHorizing advertisement'for bids to be received~ May 26th, t9~8,~iat'2:00 p~m~ 'Ayes - 5 ~ Nays ~ 0. ~ ~ CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1978 Page 2 MOTION: ~of Holton, seconded by Hayes, approving a transient merchant ' TRANS. MERC. license for the North Star Chapter of National Multiple SclerosisLICENSE Society to solicit donations, door to door, for a period of five years~ Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-59 approving assessment divisions in ForestPark Estates, Apple Valley East 2nd, Macro-Diamond Path property in Section 25, Palomino Hills 7th and Hsritage Hills 5th. Ayes - 5 - Nays - 0. RES. 1978 - 59 ASSMT. DIV. END OF CONSENT AGENDA ITEMS John Gretz reviewed the proposal for construction of 140th Street~from County Road 33 east to Cedar Avenue and also reviewed the items the Planning Commission considered in making its recommendation for construction or'the 52-foot wide road. He then read the petition received by the Planning Commission from residents of the area opposed to the road. Mr. Gretz read the Planning Commission's motion and recommendation. The Mayor said Robert Sandeen and Gary Erick~on from Dakota County were present and then asked for comments from the audience. (See detail of questions and answers attached) After the public had been given an opportunity to comment, the Mayor and City Councilmsmbers expressed their opinions. MOTION: MOTION: of Holton, seconded'by Hayes, requesting the Dakota County CONST. OF 140th Board of Commissioners to construct 140th Street as a 52=foot STREET wide street from Cedgc: Avenue tO C~unty Road 33 as recommendedi~ by the Planning Commission. Ayes - 4 - Nays - 1 (Fitzsimmons). of Hayes, sec'0nded by'~Hotton, approving the reduction of the bondREDUCE METRO required by 0rdinance Nol 121, Secti0n~9.B, forMetro Cable~ Inc. CABLE BOND to $I.00 as recommended~by the Cable TV:Commission~ Councilmember Fitzsimmons asked why the $50,000 bond amount should no longer be required? Councilmember Holton Said that when th~ was o~iginally approved, the bond was to protect the City for 10ss of services i~the compa~2~shohld.g~,out of'business, The Cable TV system has not developed as was originally anticipaked so the City would not be damaged for loss of services. If the situation Would chang~ ~the bond amount Could be reinstated. Vote was taken on the motion. Ayes - 5 - Nays - 0. ~ Consideration of rezoning and preliminary plat on Beckman property was tabled, Mr. Art Young, representing the Zoo Board, explained the request for banners for the Zoo enIrance which was tabled from'the. April 13t~ meeting. Because this iS a temporary en~trance, they believe the banners will attract attention to it. The Council discussed whether it is necessary to attract attentions.to the entrance becau'se directional signs have already been erected. MOTION: of Holton, seconded by Branning, granting a variance to the sign VARIANCE FOR ordinance for banners at the Zoo entrance for a period of two ZOO BANNERS years as recommended b~ the Planning Commission. ~ Mike Chulyak said ~he banners the Planning Commission approved were not the multicolored ones shown by Mr. Young tonight, but were white with the Zoo logo i~ blue. Mr. Young said yes the color had changed since thePianning Commission originally saw this. Councilmember CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1978 Page 3 Holton said his motion is for ~Approvai as recommended by the Planning Connnission which means white banners with the Zoo logo in blue. Vote was taken on the~motion. Ayes ~ 2 - Nays - 3 (Hayes, Savanick and FitzsimmOns). Mr. Bill Dolan described the proposed Heritage Hills 6th Addition, located north of proposed county Road ~38 andl including 14 single family home lots~,~ The Council asked the developers to remove trees~in the County Road 38 alignment so it will be clear to every- one that this will be a future road. ' MOTION: of Hayes, seconded by Fttzsimmons~, approving the preliminary ~ PRELIMINARY PLAT plat of~Heritage Hills 6th Addition ag recommended by the.~' HER.' HILLS 6TH Planning commission anddiredting Staff to prepare 'a-develop- ~ ment agreement. Ayes - 5 - Nays - 0. ~ Mr. Bill DOlan described the proposed~ Cobblestones '~2nd ~Addition, tscated south of Palomino DCive 'and weSt~ of Garden View Drive. The plat is for 27 singte family home lots ~n approximately 23 acres, ~ ~ ~!~ ~ MOTION: ~ of Ha~s, s~c0nded by Holton, Approving the prel~minary~ptat ' PRELIM. PLAT of Cobb'lestone~ 2nd. Addition as ~recommended by the Planning COBBLESTONES 'Commi~s'sion except sidewalks will be required as per the ~sub- '2ND ADDITION division ordinance~ and directing Staff to prepare a develop~ · ment agreement~ Ayes -'5 ~ Nays ~ 0. ~ · '- MOTION~ i of HaYes, Seconded By~Fitzsimmons, approving the final plat and- FINAL PLAT development agreement for Cha~eau Estates Third Addition and CHATEAU 3RD authorizing the Mayor and Clerk to Sign .t~he same. ~yes - 5 - Nays - .0. Mike Bassett presented the i~limagnet park development plan and ~concept plan for a shelter building with re'stroom facilities. Access would be fro~ Ridgeview Drive and a parking. lot~ I6cated in the~park. ~, Coun~cilmember savanick commented that she believes Walnut Park and Al~agnet Park should not b6 separated, but combined as one park.. · MOTION: of Fitzsimmons, seconded by Holton, approving the concept plan, ALIMAGNET BLDG. ' as shown~ a~d authorizing plans'and specifications to be pre- pared for ~the building to be located' in Alimagnet Park. - ~ The Council asked Mr. Bassett for more information on signage in the park before proceeding with plans on that~~ ~ ~' ' ~'~ · ~ Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION~ of Holton, seconded b~ Fitzsimmons, ~adopting ResOlution No. RES. 1978-60 1978-60 approving participation in the 1978 Minnesota Shade SHADE TREE PROGILA2 Tree Program and restating the 1978 budget of $63,245.56 for this Mr. Asleson said this resolution does not mean the City will be required to spend this entire amount, but the resolution must accompany the City's application to the State to make it eligible for reimbursement 'of some of the exp~nses. Vote was taken on the motion: Ayes - 5- Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1978 Page 4 MOTION: of Fitzsimmons, seconded by Hayes, to continue tonight's meeting beyond the required 10:30 p.m. adjournment time. Ayes - 5 - Nays - 0. CONTINUE MOTION: MOTION: of Holton, seconded by Hayes, approving a promotion to Streets ROBB PROMOTION II for Ronald Robb and a salary increase of $124.00 per month effective April 18, 1978. Ayes - 5 - Nays - 0. of Holton, seconded by Hayes, approving a promotion to Assistant OTIS PROMOTION Liquor Manager for Gary Otis and a salary increase of $19~00 per month effective May 1, 1978. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving the purchase of a pag- PAGING SYSTEMS lng system for the Police area for $1,321.00 and a paging system EOR CITY HALL through any phone in City Hall for $1,690.00 from Electronic Design. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded By Fitzsimmons~ approving a change order for CHANGE ORDER construction and erection of pylon signs by Visual Presentations CITY HALL SIGNS for City Hall in the amount of $1,900.00. Ayes ~ 5 - Nays - 0. Councilmember Fitzsimmons said before consideration of bond issues for park improvements and construction of fire stations, more discussion between departments needs to be done. Mr. Asleson said they have had some meetings and are now requesting direction from the City Council as to if and when they should proceed with any plans for bond issues. The Mayor said he believes park bond issues should be held in the spring and these are two separate issues and should be treated that way. Councilmember Hayes said he believes the need for additional recreation facilities is greater, at this time, than for additional fire stations. The Mayor Said both items are needed, but the question is on timing of the bond issues. Mr. Bassett said he believes the Park Committee would not want to have a park bond issue in March of 1979 if a fire station bond issue were held in September of 1978, but would rather wait until 1980. Council discussed various considerations of each proposal and whether one or both issues would be passed by the voters. Councilmember Savanick said because the City is growing rapidly, it will-be faced with many bond issues to provide facilities needed by the citizens. Councilmember Holton agreed and said bond issues should be placed before the voters whenever appropriate. MOTION: MOTION: of Savanick, seconded by Holton, authorizing preparation of in- FIRE STATION formation for a =eferendum on fire station construction to be ' REFERENDUM held with the September Primary Election. Ayes - 5 - Nays - 0. of Fitzsimmons, seconded by Holton, directing the Park Committee PARK BOND ISSUE to begin discussions on a March 1979 park bond issue. Ayes - 5-- Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, setting a public hearing al 8:15 p.m. on May 11th, 1978, to consider'a change in the sewer rate structure. PUBLIC HEARING ON SEWER RATES Motion and second agreed to amend the above motion by also setting a special informal~meeting to discuss sewer rates at 9:00 p.m. on May 2nd, 1978. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1978 Page 5 MOTION: of Hayes, seconded by Savanick, proclaiming the week of May Mst PUBLIC WORKS WEEK through 27th, 19·78, National Public Works Week. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton~ adopting Resolution No. 1978~61 RES° 1978-61. · .receiving the preliminary engineerin§ report on Project 77-13, ~RO~. 77-13 sewer, water, -storm sewer ~and streetimprovements in Farquar PUBLIC HEARING Hills Addition, and set, ting a public hearing on it for May 25th, 1978, at 8:00 p.m. Ayes - 5 - Nays - 0. MOTION:~ of Hayes, seconded· by,Fitzsimmons, directing the Engineer to PRELIMINARY REPOR~ prepare, a preliminary report on utility improvements, in the. TIMBERLINE Timberline development. Ayes - 5 - Nays - 0. MOTION: :of Holton,.:seeonded ;by Hayes, approvingreimbu=s~ment of $20.00 REIMBURSEMENT of bail money by the City which was stolen from the Police OF:B~ILMONEY Department. Ayes - 5 - Nays - 0. Mr. Asleson said Mr. Sandeen, Dakota County Highway Engineer, asked for a written communica- tion to the County Board stating the Council's action on 140th Street construction tonight. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-62 RES. 1978-62 requesting the Dakota County Board of Commissioners to approve 140TH STREET construction of 140th Street, between:Cedar Avenue and. County CONSTRUCTION Road 33, as a 52~foot wide County road as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Fitzsimmons). Councilmember Fitzsimmons said Jake Frank has resigned from the Park Committee and asked the Council to·consider nominations :to fill this vacancy on May 11th. Mr. Asleson commented on the Dakota County League of cities meeting held April 26th. The discussion·was mainly:about the ambulance and emergencymedical services. He said his impression·is the southern part of the County is satisfied.with its.preseCt service and really~isn~t interested in County service. He said some kind o.f County involvement is still being discussed. . Councilmember Savanick suggested a Golf Course Committee be formed to promote and publi- cize it and also a commercial-industrial,~comm, ission..:The Mayor,sa~d the~e ideas should be given more consideration and asked that this be tabled for future discussion. Mayor Br~nning-commented On the School Board Meeting ~Ap~ril 24th and said ~one elementary scho~t ~ill be located in Burns~ille, ~one elementary school will be ~located in Eaga~ and~ a decision ~n the location of t~e middle school wil~ be made May ~st. i- MOTION: of Hayes, seconded by Holton, to pay the claims and bills, checksCLAIMS AND BILLS numbered 6621 .through 6633 ~nd 8454~through 8549, in the total . · amount of $539,702.46. Ayes - 5- Nays - 0. MOTION: of Holton, seconded.bM Fitzsimmons, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:00 midnight. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1978 Page 6 Detail of Questions and Answers concerning 140th Street Construction. Bill Kaufman, 7330 Upper 139th Street, attorney for Valley Homeowners Association, commented that, in 1970, the City Council said 140th Street would be a municipal street. He ques- tioned construction of this street in relation to.financing of County Road 42 and asked how it fits in with M.S.A. funding. He said they believe it should only be a two-lane street between Galaxie Avenue and County Road 33 and because of the cost of constructing the portion between Galaxie and Cedar. that should be %0oked at more closely. Gloria Deters commented on a two-lane versus four-lane 140th Street and said not enough consideration has been given to two lanes, She also mentioned Mn/DOT's transportation plan encouraging two-lane roads and said the City should follow ~his direction. Roy Ulrich, 5534 - 138th Street, said he supports the City's plan. He lives in the eastern part of the City and travel to the shopping arsa and to work is difficult because of the heavy traffic on county Road 42. Ron.Jacobson, Rosemount, said a vote for construction of a four-lane road will not be carrying out the wishes of the citizens. Art Fischer, County Road 42, said another east-west road across the City is needed because the traffic on County Road 42 is too heavy. An unidentified man commented on the public safety bond issue for traffic signals and said County Road 42 should be upgraded before 140th Skreet is constructed. Jim Cory said the residents do not want 140th Street improved. Dave Halverson, Fordham Avenue, commented on his concerns about trUck and commercial traffic on 140th Street if it is built to four lanes. Jerry Hol%enkamp~ County Commissioner, said he did not support County Road 40 in 1971 and is opposed ~o constructing it to f~ur lanes now and being designated As a county road because it only goes across the City. He said he does not believe it meets criteria for a county road. He said he would support construction of a 36-foot wide roadway from Galaxie east to Rosemount. Bill Smith said some alternative east-west road across the City has to be built to get school buses off County Road 42. Emmet Carrol% said he has been a~resident of Apple Valley since June of 1943 and was a former Town Board Chairman and urged the people to think of what is best for the City. He said County Road 40 is needed; County Road 42 already carries too much traffic and even widening it will not solve the traffic problems. Mike Kraft said he moved to Apple Valley because he liked the openness of the City and is concerned construction of 140th Street will divide up the City. Don Fannum, 13979 Eveleth, said he is concerned about a four-lane street abutting his property because of children's safety. Lynne Kline asked why 160th Street couldn't be improved and both County Road 42 and 40 be made residential streets? CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1978 Page 7 Tom Crosgrove said he doesn't want the County to give Apple Valley any roads its citizens don't want. Diane LaVoy, Garland Avenue, commented on her reasons for moving to Apple Valley. Jim Tousignant said a four-lane street doesn't necessarily mean fast traffic, nor does it mean truck traffic will use it. He said it is important to take traffic off County Road 42, especially the school bus traffic. Councilmember Savanick said some other east-west road than County Road 42 is long overdue in this City. A two-lane collector street will not function as well as a four-lane collector street and believes the four-lane street should be built. Councilmember Hayes said he does not believe construction of the road will affect property values adversely and the road is needed to take traffic off residential streets. Councilmember Fitzsimmons said she has concerns about the section from Galaxie to Cedar, but agrees the road from Galaxie to County Road 33 should be built. Councilmember Holton said in 1971 he was opposed to County Road 40, but the population has increased and this alternate road is needed now for traffic and public safety (fire trucks, ambulances, etc.) Mayor Branning said he h~s discussed this with the County Commissioners and understands they do not all agree the road should be 52 feet wide as recommended by the Dakota County Highway Department. He said he believes the road is needed as an alternate to County Road 42 and the County has an obligation to help pay for it. Jerry Hollenkamp said the County did not build County Road 40 in 1971 because the City was against and the County did purchase the Zoo land at the request of the City. He also said the County is debt free because it pays for roads as they are built. Mayor Branning read a letter from the Apple Valley Chamber of Commerce supporting construction of 140th Street.