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HomeMy WebLinkAbout04/14/1977CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held April 14th, 1977, at 7:00 o'Clock pm. pRESENT: Mayor Branning; Councilmembers Fitzsimmons, Hayes, Holton, and Savanick; Clerk Asleson. ABSENT: None. Mayor Branning called the meeting tO order at 7:00p.m. Members of Brownie Girl Scoutl Troop No. 164 said the Pledge of allegiance to the flag. MOTION: of Fitzsimmons; seconded by Hayes, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 ' Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, approving the minutes of the regular meeting of March 24th, 1977; as corrected. Ayes 4 - Nays - 0 (Hayes Abstained). MOTION: of Savanick, seconded by Holton, approving the minutes of the special meeting of April 5th, 1977, as written. Ayes ' 3 - Nays - 0 (Hayes and Fitzsimmons Abstained). MARCH 24, 1977 MINUTES APRIL 5, 1977 MINUTES Mayor Branning announcedthat Congressman Thomas HagedOrn will be at the Apple Valley Senior High School tonight from 7:30 to 9i00 p,m. meeting with any residents who have concerns to express to him. Mayor Branning read a proclamation requested by the Apple Valley OPtimists Club pro- cIaiming the week of May 1St through 7th, 1977, as Respect for Law Week in Apple Valley. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-61 giving the Park Committees and City Council's endorsement of "Walk for the'Whale" to be held April 30th, 1977 to raise funds for purchasing a whale for the Zoo. Ayes - 5 - Nays - 0.~ RES. 1977-61 WALK FOR WHALE MOTION: of FitzSimmons, seCoNded by Hayes, adopting Resolution No. 1977- RES2 1977-62 62 accepting a donation of $260.00 from the Welcome Wagon club WELCOME WAGON toward Camp Sunshine for mentally handicapped people. Ayes - 5 - Nays - 0 Mr. Bill Dolan representing Duane Barth, reviewed the proposed Forest Park Development located on 40 acres West of Garden View Drive, north of Apple Valley Third Addition and east of Lake Alimagnet. The property is presently zoned RCL andthe zoning would not need to be changed. It is proposed to develop the property in four phases of approxi- mately ten acres each. The first phase'would be at the southeast corner of the property. Mr. Dolan said they w0uld not be req6esting approval of phases 2 through 4 before January 1, 1978. In discussions with the Park committee And Planning Commission, it was decided the City maY want t0 purchase additional parklandalong the west side of the property. This will be part of the-Park bond referendum schedUled for September 27th, 1977, If the bond issue passes, the City could then purchase the additional Park land and that may change the layout of phases-2; 3,and 4. John Voss reviewed the Planning CommisSions recommaendation for approval of this plan including providing access to Alimagnet Park by continuing the east-west street to the western boundary of the property, Platting an 0utlot in phase 2 for. possible future CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 Page 2 access to Garden View Drive and making the northwest corner of the property phase 4 and the southwest corner phase 3. Councilmember Fitzsimmons said she is not ready to approve this plan because of unanswered questions.regarding.road grades, storm sewer and utilit- ies to serve the property. She suggested referring it back to the Planning Commission and possibly receiving some preliminary engineering reports to resolve some of these questions. Councilmember Holton said he does not be!ievethis planprovides road continuity and actually gives only one access to Garden VtewDrive for 80 homes. Councilmember Hayes commented on the park dedication and the northwest corner of the property which shows a holding pond. He questioned what kind of grading would be needed for this pond. Councilmember Savanick questioned storm sewer drainage to LakeAlimagnet and whether installing pipe would disturb the trees in the park. Mr. Dolan said they had prepared an environmental assessment for the Environmental Quality Council on this property and most of these questions were addressed in it. He also said this is a request for preliminary plat approval and the engineering details are usually worked out when the development:agreement and final plat are prepared. The Mayor asked if the storm sewer questions relating to the Lake had been answered. Mr. Dolan said yes and reviewed the storm sewer plan. Mayor Branning noted letters he received from various.residents in the:area and. then asked if anyone in the audience had any questions on this plan. Don Romain, 405 Reflection Road, said he was concerned about protecting the park land and limiting access to it. Re asked Mr. Berth if the original plan showed a looped street with no direct access to the park? Mr. Berth said yes but that was changed.to give some access to the park. Start Schmidt, 221Edgewood, said.he hoped the street would not be looped through the park to Ridgeview because many homes in that area have single car garages.and many cars are parked along the street. Dave Miller, 361 Walnut. Lane, asked what proposed use for this area was shown in the Comprehensive Plan? Mr. Voss.said residential. Pam Solberg, Rebecca Adamson, and Bob Patzke all Commented on the potential for increased traffic problems on Walnut, Redwood, etc., if this development were approved. Chester White, Garden View Courts,commented on density in this plan and how it might affect the quality of the neighborhood. Mr. Dolan suggested the environmental assessment be made part of the approval for this plan. Councilmember Fitzsimmons asked about the. storm water.runoff to the ponds in the area. John Gretz said that kind of information would be contained in a.preliminary engineering report. Councilmember S&vanick asked about the soil study done as part of the environmental assessment. She said it seemed superficial. Robert Rosene said further soil borings would, have to be. taken before any construction could occur. Savanick also noted that the EQC did not approve the environmental assessment, but:only said it is not of regional significance. The Council discussed the layout of the plat should the City acquire additional park land and how this might affect it. MOTION: of Savanick, seconded by Holton, referring this plan back to the Planning Commission to address all the questions related to phase I and how it would look if only phase 1 were developed and park land acquired in phases 2, 3, or 4. REFER FOREST PARK TO PLANNING COMMISSION CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 Page 3 Duane Barth asked theCouncil to remove consideration of this.item from the floor for tonight. The Mayor said if it were withdrawn, he would have to bring this plan before the Council again at another meeting and it would probably be referred back to the Planning Commission then. Mr. Barth withdrew his request. Vote was taken on the motion. Ayes - 5 -Nays - 0. The Mayor called the public-hearing to order at 9:18 o'clock p.m..on Project No. 76~19, utility, street and sidewalk improvementson Garden View Drive from Westview School north to cOunty Road 38 and within Academy,Village. Mr. Asleson-noted the property involved in the legal description of the area PrOposed for the improvements. Mr. Rosene said the improvements are proposed to be assessed to the benefitted property, except the overlay of Garden View Drive making it a nine ton,street. He said this is proposed to be done in the future and not at this time, because some cuts across the street will still need to be made because of-development inthearea.. The Mayor called for questions and comments from the public, Ceuncilmembers-and staff. (See detail of questions and answers attached.) After everyone present had been given an Opportunity to be heard, the Mayor declared the hearing closed at 10:10 o'clock p.m. MOTION: of Fitzsimmons, seconded by Holton, to suspend the adjournment EXTEND MEETING time for tonight's meeting. Ayes - 5 - Nays - 0. The proposed plan for Valley South Planned.Development east of Cedar Avenue and west of Garrett Avenue at about 146th Street, was reviewed. It is proPosed to be single family home lots. John Voss reviewed the Planning Commissien's recommendation and said some of these lots are only 75 feet wide, but they do meet the square foot lot area requirements and this variance would be acceptable under,the planned development approach. Mr.Mike Bassett said,after reviewing:the area, a cash. donationwould be acceptable, instead of park land dedication. Ray Fischer, who is developing the property, said he is not including the lot to the south-of-this property tn the. agreement because he has no plans for it now and it will remain zoned B-1. Sidewalks will be required along both sides Of all streets in the development. MOTION: of' Hayes, seconded by Fitzsimmons passing Ordinance No. 189 REZONE VALLEY rezoning the, property,known as Valley South,. east of Cedar SOUTH TO M-1 Avenue and west of Garrett Avenue, from B-1 to M-I, subject to approval by this Council within 90 days of the planned development agreement required, byCity OrdinanceNo., 162 and its execution by all appropriate parties. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, giving concept, and, prelim- . VALLEY SOUTH inary plat approval for the property known as Valley South and PRELIM.. PLAT directing Staff to prepare a development agreement for Council consideration. Ayes. - 5 -.Nays -O. The Council received a proposed response to the Metropolitan Council's System Statement prepared by Staff. The Mayor said the would, like to have more, time to, review it before giving approval. Staff was requested tO ,find.out the deadline for submittiDg the response.' If it must be submitted before April 28th, the Mayor will call a special meeting on Tuesday, April 19th, 1977, at 7:00 a.m. to consider this. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 Page 4 MOTION: of SaVanick, seconded by Fitzsimmons, approving a building BANK BLDG, permit and variance for a five-foot setback for additional PERMIT'& VARIANCE drive up facilities at the First State Bank as recommended by the Planning Commission, also allowing one-way traffic through the parking lot and around the south side of the building to Glazier Avenue. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving a temporary waiver Of JOHNSON'S ADDN. platting for Lots I and 2 of M. D. Johnson's AdditiOn subject FLATTING WAIVER to the property being platted before occupancy of the homes as recommended by the Planning Commission Ayes - 5 -Nays 0. MOTION: of Hayes, seconded by Holton, granting a variance for a ten-foot VARIANGE LoT 16 rearyard setback for house at Lot 16of Block 1, Chateau BLOCK 1 CHATEAU Estates, Subject tO receiving a letter from the adjacent ESTATES property, oWner agreeing to this as recommended by the Planning Commission Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1977- RES. 1977-63 63 receiving the engineer's preliminary report On Project 76- PROJ. 76-20 20, sidewalk improvements on Garden View Drive from County PUBLIC HEARING Road 42 north to Westview School, and setting a public hearing on it for May 12th 1977 at 8:00 p.m. AYes -5 - Nays - 0~ (Savanick asked that a large map showing the areas proposed to be included in the assessment district be available at the public hearing.) Councilmember Hayes said the next meeting of the DakOta CoUnty League of MUnicipalities is set for April 27th, 1977 at 7:30 p.m. at the Dakota County VO-Tech School. Senate File 350, odd year elections for county, city and school district, is scheduled on that meeting agenda. The Council agreed to table JcOnsideration of a resolution c0n cerning this until after the League meeting. MOTION; of Savanick, seconded by Holton, adopting Resolution No. 1977- RES. 1977-64 64 establishing a change fund for the second Municipal Liquor LIQUOR STORE 2 Store and designating H. Carlton Stenderson as custodian of CHANGE FUND the change fund. Ayes 5 -Nays -0. Councilmember Savanick suggested the Council consider changes in the procedure for adopt- ing ordinances. She asked whether the Council would want to read an ordinance publicly at three meetings before it is adopted as some other communities do? Mayor Branning said this should be given more 'thOUght 'and it ShoUld be a separate item on another council meeting agenda. A draft of the proposed new transient merchant license ordinance was received by the Council and tabled for further consideration at another meeting. MOTION: of Holton, seCOnded by Hayes, apProving a transient merchant TRANS. MERC.LIC. license for The Children's Theatre dompany and SChool to CHILDREN'S Solicit funds doOr to-door for five years Ayes 5 Nays O. THEATRE C0~ MOTION: of Holton, seconded by Hayes, approving using the $2,534.00 FED. ANTI-REC. of Federal Anti-Recession Funds for hiring workers to clean FUNDS usAGE up roughs, fairways, etc. at the golf course. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 page 5 MOTION: of Hayes, seconded by Savanick, approving hiring Michael Walz HIRE VARIOUS effective April 4, 1977, as Recreation Program Supervisor at EMPLOYEES $1,000 monthly; Ronald Robb effective April 18, 1977, as Streets I at $924 monthly; Robert Hanson effective April 25, 1977, as Utilities I at $924 monthly; Gary E. Johnson, Geraldine Maness, Mary L. Moeller and Daniel Weld;as Liquor Sales Clerks at $2.50 per hour effective April 13, 1, 4 and 16, 1977, respectively; promoting B. Lloyd Johnson to Head Liquor Sales Clerk at Store NO. 1 effective April 9, 1977 at $3.50 per hour; and:hiring various swimming pool and golf course employees as listed on memo dated April 12th, 1977 Ayes 5 -Nays - 0. The proposed 1977 budget for Lebanon Hills Golf Course was received by the Council and will be reviewed further at anothermeeting. MOTION: of Hayes, seconded by Holton, approving,the Agreement dated April 11, 1977, with Brauer & Associates, Inc., for plans for modifications to the Golf Course at a fee not to exceed $500 and authorizing the Mayor andClerk to sign the Agreement; and also authorizing improvements to the Golf Course driveway and parking lot not to exceed $2,500. Ayes - 5 - Nays - 0. MOTION: Of Hayes, seconded by Holton, approving an agreement to lease LEASE GOLF golf cars for 1977 for the Golf CoUrse from Egeberg Cycle CARS Company, Inc., for 49 percent of the rental moneys and provide a ranger car at no eXtra charge Ayes - 5 - Nays -0 Consideration of the Ice Arena Budget was tables. GOLF COURSE _IMpROvEMENTS MOTION: of Hayes, seconded by Fitzsimmons, authorizing the Ice. Arena ICE ARENAMGR. Manager to attend,the National Ice Skating Instituteof America CONVENTION Convention in New Orleans May 15th through 19th, 1977. Ayes - 5- Nays - 0 Consideration of a costsharing formula for major and minor arterial roads was tabled. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-65 RES. ~977'65 approving specifications for a high pressure sewer cleaning SPECS & BIDS machine and authorizingadvertlsement for bids on it to be SEWER cLEANER received May 23rd, 1977 at 2:00 p.m. .AyeS- 5 -~Nays~ 0. MOTION: of Holton, seconded by FitZsimmons, authorizing the engineer to PRELIM~ REPORT prepare a preliminary report for street and in¢idental drainage WOODS STREET improvements in the Woods Addition (Part I). Ayes - 5 - Nays - 0. IMPROVEMENT.S MOTION: of Holton, seconded by Savanick authorizing the engineer to PRELIM. REPORT prepare a preliminary report for street and incidental drainage HAYES ROAD improvements for Haye's Road from County Road 42 North to Westview IMPROVEMENTS (Part 2) to be combined with the report forepart laboVe. Ayes - 5 - Nays - 0. Councilmember Savamick asked whetherI the improvements for Hayes Road would include sidewalks. She was told it would include sidewalks as a part Of the street improvements. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 Page 6 MOTION: of Savanick, seconded by Hayes, authorizing the engineer to prepare a preliminary report for improvements to sanitary sewer lift station number 3. Ayes'-'5 - Nays - 0. PRELIM. REPORT LIFT STN. 3 REPAIRS PRELIM. REPORT P.H. 7TH,H.H. 3RD, HIDDEN PDS & NORDIC 2ND RES. 1977-66 PUMPHOUSE 7 SPECS & BIDS JOHNNY CAKE CHANGE ORDER 2 SUSPEND RULES COM. NOMINATIONS RES. 1977-67 CABLE TV COMM. APPOINTMENT MOTION: of Hayes, seconded by Holton, authorizing the engineer to prepare a preliminary report for utility, street and side- walk improvements for Palomino Hills 7th Addition, Heritage Hills 3rd Addition, Hidden Ponds Addition and Nordic Woods 2nd Addition as a Joint project; report to be prepared in four parts. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-66 approving specifications for Well No. 7 pumphouse and author- izing advertisement for bids on it to be received May 17th, 1977, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving Change Order No. 2 on Johnny Cake Ridge Road Improvements of an additional $2,505.00 for additional excavation work. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, suspending the rules for nom- inations to fill vacancies,on eommissions and committees for tonight. Ayes 3 - Nays - 2 (Fitzsimmons and Savanick). MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-67 appointing Scott Rutherford to the Cable TV Commission for a term expiring August 1, 1979. Ayes - 5 -.Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, appointing Barbara Linkert HISTORICAL COMM. to the Historical Committee. Ayes - 5 - Nays - 0. APPOINTMENT MOTION: of Holton, seconded by Hayes, expanding the membership of the Urban Affairs Committee from seven to nina members. The Council discussed the benefits of' increasing'membership of this committee and whether it is necessary since all the other committees have seven members. Vote was taken on the motion~ Ayes - 2 - Nays'- 3.(Fitzsimmons, Hayes and Savanick). Motion Failed. MOTION: of Fitzsimmons, seconded by Hayes, approving off-sale 3.2 beer. PDQ BEER & CIG. and cigarette licenses for the PDQ Store on Pilo.t Knob Road. LICENSES Ayes - 5 - Nays - 0 Fred Prom gave a status report on the damage claims from the townhouses on 143rd Street resulting from a sewer backup.. The Citys insurance companylhas notified the property ownersit will.not pay theme!aims. Mr.Prom will be in contact with the City's insurance agent about this and report back to the Council. MOTION: of Hayes, seconded by Holton, authorizing Staff to proceed with RECRUIT recruitment of an accounting clerk to replace an employee who ACCOUNTING CLERK will be leaving. Ayes - 5 Nays - 0. A proposal from the planning consultant for updating the Comprehensive Plan will be scheduled on the next meeting agenda. Staff was requested to determine the amount of time required of the planning and engineering consultants and City Staff to do the update. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 Page 7 Mayor Branning said the VAAwill be selling tickets for a June 22nd Community Night at Metropolitan Stadium. More details about this will be forthcoming. Mayor Branning said he has been to Keller Park and inspected damage done to the lot next to it by persons driving over it, etc. If this damage continues, he said he.will recom- mend the Council close Keller Park to all vehicular traffic. Mayor Branning read a letter notifying the City of a meeting on Wednesday, April 27th, at 2:00 p.m, at the Main Post Office Building to discuss problems caused by the same or similar street names in communities. CouncilmemberSavanick will attend the meeting. The Mayor commented on the delay in construction of the Zoo access road. The Highway Department must apply for Federal funding for the land acquisition and the procedures involved in applying are causing part of the delay. MOTION: of Hayes, seconded by Fitzsimmons, to pay the claims and bills, checks numbered 3755, 3757 through 3783 and 4424 through 4596, in the total amount of $452,057.21. Ayes - 5 - Nays - 0. cLAIMs. AND BILLS MOTION: of Hayes, seconded by Holton, to pay claims and bills erroneously DEC. 8, 1976 omitted at the December 8, 1976,Ceuncil meeting, checks numbered CLAIMS & BILLS 2901 through 2906, in the amount of $1,045,608.60. Ayes - 3 - Nays - 0 (Fitzsimmons and Savanick Abstained). Mayor Branning said he wanted to commend the Police and Fire Departments and the Ambulance crew for their efficient and professional work at an accident at County Road 42 and Garden View Drive on April 13, 1977. MOTION: of Fitzsimmons, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting adjourned at i2:07 o'clock a.m. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1977 Details of Public Hearing on Project 76-19. Tom Finigan, Garden VieW Court, asked.what homes on Reflection Road will be included in this assessment. He was told only three on Reflection and Rimrock that abut Garden View Drive. Residents of Garden View Court asked: Gordon Peters - at benefit will the homes on Garden View Court.receive from the sidewalk? CheSter White - Why wouldn't sidewalk on one side of Garden View Drive be sufficient? Gary Glenna - What is the usage of aide- walks at the present, time in the area? Most of those walking to the high school are from Reflection Road. Don Romain, Reflection Road, asked what the width of Garden View Drive would be? It will be 44 feet wide with curb and gutter and Mr. Rosene Said parking could be permitted along it. Residents of Garden View Court asked: Bob Rudolphi - Are sidewalks really needed along Garden View Drive? Dick Charlier - at is the projected speed limit for Garden View Drive after it is widened? Mr. Asleson said it is 50 m.p.h, now and the Council would have to request the Highway Department to do a study and set a new speed limit after the construction is completed. John Peden - What would the assessment per lot be? Mr. Rosene gave the front foot cost estimates for the street widening and sidewalks. He said the total could be assessed against all the lots in Palomino Lakeside Estates and would amount to approximately $800 per lot. Bob Rudolphi - Is this the cost for sidewalk and street improvements for one side of Garden View Drive? Yes. He said he believes they have no more benefit from the sidewalk than the homes on Reflection Road. John Peden -why doesn't Hayes Road have sidewalks on both sides? It will have. Gordon Peters - Is this cost only for the footage along Garden View Drive? Yes. Gary Glenna - This improvement benefits the entire community and not Just those abutting the street. Don Romain - Will the hill on Garden View Drive near Westview School be cut down? No, the street will only be widened. Chester White - Why does the Council feel the sidewalk is needed? Bill Piper, Rimrock Drive, asked about installing sidewalks on the connecting streets to Garden View Drive. Sidewalks in the Meadows Additions are being installed, only sidewalks along Garden View Drive are being discussed now. Bob Rudolphi - Garden View Drive slopes into the entrance to Garden View Court now; will this be corrected because if curb and gutter are installed, there may be a problem with storm water drainage. Councilmember Fitzsimmons asked why more area isn't included for this assessment? The Mayor said that is a policy question and something the Council must answer. He commented on the policy that all residents pay for collector equivalents in the cost of residential streets. Mr. Asleaon said that at some time sidewalks could be installed along Reflection and Rimrock and the abutting property would pay for it. Mayor Branning said the policy is to have sidewalks along both sides of collector streets and Garden View Drive is a collector street. Councilmember Fitzsimmons asked about an area assessment for this sidewalk. The Mayor said a special assessment district would have to be established and some parts of this area already have sidewalks. Mr. Asleson commented on the property being assessed for an improvement from which it benefits. He said the concept of a special assessment district would not be applicable for this area because the benefitting district boundaries would be unclear. CITY OF APPLE VALLEY DAKOTA County, Minnesota April 14, 1977 Details of Public Hearing on Project 76-19 - Continued. Gary Glenna: questioned the policy of assessing costs to benefitting property and abutting property. Who is really benefitting, JuSt the abutting property or the community in general? Jim Sheldon, City Attorney, explained the court ruling on property benefitting from improvements and that property can be assessed. Bob Rudohphi requested the question of storm sewer runoff be reviewed again by the Engineer. Dick Charlier , Who is responsible for shoveling snow on the sidewalks? City ordinance says the property owner Sharon White - If the policy is not to require side- walks on cul de sacs, will sidewalks ever be installed on Reflection Road. That is Gordon Peters asked why sidewalks are required on both sides ofthe street? The Mayor said as more property in the area develops, pedestrian traffic increases and sidewalks are important for safety purposes.