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HomeMy WebLinkAbout05/12/1977CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held May 12, 1977, at 7:0Oo'clock p.m. PRESENT: Mayor Branning; Councilmembers Fitzsimmons, Hayes, Holton, and Savanick; Clerk Aaleson. ABSENT: None. Mayor Branning called the meeting to order at 7:06 p.m. The Councilmembers and everyone in attendance took part in 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. Mayor Branning read a proclamation declaring May 15th to 21st, 1977, Police Week in Apple Valley and May 15th, 1977, Police Memorial Day in Apple Valley commemorating police officers who died in the past. MOTION: of Fitzsimmons, seconded by Hayes, approving the minutes of APRIL 18, 1977 the meeting of April 28th, 1977, as written. Ayes - 4 - MINUTES Nays - 0 (Savanick Abstained). Councilmember Fitzsimmpns left the room at this time. : MOTION: of Hayes, seconded by Savanick, setting the first regular meeting in June for June 6th,.1977, at 7:00 p.m. and cancelling the regularly scheduled meeting of June 9th,'1977. Ayes - 4 - Nays - 0. Councilmember Fitzsimmons returned at this time. Mr. Bill Dolan reviewed the proposed Forest Park development as amended by the Planning Commission at its meeting of April 27th, 1977. Alternate A is a preliminary plat of the entire area, as presented at the Council's April 14th meeting, except Phase i shows platting of the southeast corner in 1977. Alternate B's a preliminary plat excluding the western portion of the property and shows the same Phase 1 as Alternate A. The Planning Commission recommended approval of Alternate A and if the City has funds available to purchase additional parkland, Alternate Bwould become effective January 1, 1978. Alternate B would be reviewed by the Planning Commission after the City knows how much parkland it could purchase before any land other than Phase 1 could be platted. Mr. Asleson said'if this plan is approved and the'Engineer is requested to prepare a preliminary engineering report on the property, the entire area should be included even though part of it may be park. The engineering information will be needed to showthe effect or the storm sewer on the park. SET JUNE 6, 1977 MEETING MOTION: of Holton, seconded by Hayes, approving a preliminary plat for Forest Park, approximately 40-acres west of Garden View,Drive in Section 29, shown as Alternate A and allowing final platting in 1977 only of the southeast corner of the property. If the City notifies the Developer before January 1, 1978, of its intent to acquire additional park land, Alternate B is effective and the balance of the property must be reviewed before it can be platted, as recommended by thePlanning Commission. FOREST PARK PRELIM PLAT CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Page 2 Councilmember Fitzsimmons asked if an engineering report on the entire area can show the use of the land as home sites and also as park, so they would have the information depending upon what it is used for. Mr. Asleson said the Council can request that. Bob Patzke, 201Edgewood Lane, said his only objection to the entire plan is the stub road to the park shown on Alternate A where a possible future road could be built to Ridgeview Drive, otherwise he agrees with the plan. Mayor Branning said the Council is not planning to extend that street now and if the City acquires additional park land, the western portion of the plan would be reviewed in January. Councilmember Holton said he is concerned with continuity of streets and perhaps some day continuing that street through would be feasible. Mr. Patzke said the residents in the area would prefer parking areas at the end of the stub street and would prefer weekend park traffic to daily through traffic. MOTION: of Savanick, seconded by Fitzsimmons, amending the previous motion by approving only Alternate B now. Councilmember Holton said the petitioner's request is for a development plan on the entire approximately 40 acres and he deserves an answer. Vote was taken on the amendment. and Holton). Amendment Failed. Vote was taken on the.original'motion. (Fitzsimmons andSavanick). Ayes - 2 - Nays - 3 (Branning, Hayes Ayes - 3 - Nays - 2 MOTION: of Hayes, seconded by Holton, directing Staff to prepare a development agreement on the entire Forest Park area for Council consideration. Ayes - 5 - Nays - 0. FOREST PARK AGREEMENT MOTION: of Hayes, seconded by Holton, directing the Engineer to prepare FOREST PARK a preliminary report for utilities, streets and storm sewer in PRELIM, ENG. Forest Park including the western portion whether it will be REPORT used for home sites or park. Ayes - 5 - Nays - 0. Public Hearing - Mayor Branning called the public hea~ing to order at 8:08 p;m. on side- walk improvements to Garden View Drive from County Road 42 to Westview School, and read the:affidavit of publication. He explained legislation was passed by the State to allow establishment of special assessment districts and levying of assessments, for certain improvements, over the entire district. ThE Mayor then turned the chair over to Acting Mayor Hayes. He said both he and Councilmember:Savanick are involved in this area, but since a four-fifths vote is required to order a project, they will both vote~on it. Mr. Robert Rosene reviewed the proposed sidewalk improvements andsaidhe believes it can be located so as to minimize disturbing boulevard trees. He said they had looked at locating the sidewalk adjacent to the curb and he reviewed the advantages and disadvan- tages of it. After reviewing these, he said his firm recommends installing the sidewalk about one foot from the property line. Mr. Rosene explained the assessment district concept and a map which showed proposed costs per lot for the district. He said the map also shows assessments for sidewalk on the west side of Hayes Road, but that is not a part of this public hearing. That CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Page 3 information was needed to determine the proper per lot calculation if both sidewalks were installed. The Garden-View Drive sidewalks would cost about $36,000 and sidewalk on the west side of Hayes-Road about $16,800. Acting Mayor called for any. questions or comments. (See detail of questions and answers attached.) After. everyone had been given an opportunity to be heard, Acting Mayor Hayes declared the,hearing closed at 9:02 p.m. MOTION: of Holton seconded by:Fitzsimmons adopting Resolution No. 1977-. RES. 1977-78 78 ordering Project 76-20, sidewalk improvements on Garden View ORDER PROJECT Drive, from County Road 42 to Westview School, Ayes - 5 - Nays. -0 76-20 Acting Mayor Hayes turned back the chair to Mayor Branning. MOTION: Of Fitzsimmons, SeConded by Hayes, adopting Resolution No. 1977- REs. 1977-79 79 tabling consideration of ordering Project 76-19 and setting NEW HEARING ON a new' public hearing On Garden View Drive street and sidewalk PROJECT 76-19 improvements from Westview School to County Road 38 ,and within Academy Village for June 6th, 1977 at 8:00 p.m. to include Palomino Hills. Lakeshore Addition in the area to be given notice of the hearing. Ayes - 5 Nays - 0. MOTION: of Fitzsimmon, seconded by Holton, adopting Resolution No.1977- RES. 1977-80 80 directing the Engineer to prepare plans and specifications for PROJECT 76-19 the improvements in Project 76-19 and Project 76-20. Ayes - 5 . PLANS AND SPECS. Nays 0. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-81 RES. 1977-81 approving plans and specifications for ProJect, 76-15 (2,) PROJECT 76-15 (2) o Greenleaf 12th addttion utilities and aUthorizing ,advertisement PLANS & BIDS for bids to be received June, t6th, 1977,.at 2:00.p..m Ayes Nays - 0. MOTION: of Holton, Seconded by Hayes, adopting Resolution No. 1977-82 RES. 1977-82 receiving the Engineer's preliminary report on Project 77-2, PROJECT 77-2 improvements for PalOmino Hills, 7th, Heritage Hills 3rd, Hidden HEARING~ Ponds amd Nordic:Woods 2nd Additions, and setting a public. hearing for it on June 6th, 1977, at 8:15 p.m. Ayes - 5 - Nays - 0. MOTION: of'Hayes, seconded by Holton, adoptiag Resolution No. 1977-83 directing the Engineer to prepare plans and specifications for utility improvements, in Project~ 77-2,.~ Ayes - 5 - Nays --0. MOTION: cf Holton, seconded by Hayes., adopting,Resotution No. 1977-84 directing the Engineer to prepa, re plans and specifications for street and sidewalk improvements,in Project 7-7-2.~ Ayes - 5 - Nays - 0. RES. 1977-83 · UTILITIES PLANS PROJECT 77-2 RES. i977-84 STREET PLANS PROJECT 77-2 MOTION: of Hayes,seconded by Holton, adopting Resolution. No. 1977-85 RES. 1977-85 receiving the Engineer's preliminary report on Essex Avenue ESSEX AVENUE and setting a public hearing on it for June 6th, 1977, at -HEARING 8:30 p.m. Ayes - 5 - Nays - 0. MOTION: of Holton, secondedby Fitzsimmons, adopting Resolution No. 1977- RES. 1977-86 86 directing the Engineer to prepare plans and specifications ESSEX AVENUE for improvaments to Essex Avenue. Ayes - 5 - Nays - 0. PLANS & SPECS CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Page 4 MOTION: of Holton seconded by Hayes, adopting Resolution No. 1977-87 receiving the Engineer's preliminary report for Project 77-1, street and sidewalkimprovements on Hayes Road and street improvements in the Woods and Woods 2nd Additions, and setting a public hearing on it for June 6th, 1977, at 8:45 p.m. Ayes - 5 - Nays - 0. RES. 1977-87 PROJECT 77-1 HEARING Consideration of bids received for the Municipal Building eonstruction was tabled. The Council discussed a sewer backup on March 9th, 1977. Mr. Jim Sheldon, City Attorney, said the question was asked, how can we recover costs for damages from the City's insurance company? He said he did not yet know, but would like permission to negotiate with the insurance company if a third party does not file a suit against the City for the costs. If a suit if filed, the insurance company will have to defend the City and the court would decide who would pay. Stan Schaefer, the City's insurance agent, was present3and said an adjustor was out and reviewed the situation.. TheCity has a negligence insurance policy and Since the adjustor felt~the City was not negligent, the insurance company would not pay the claims. Mr. Sheldon also said the City should not pay any other claims, except the carpeting which it has already said it would pay, and forward all other claims to the insurance company. MOTION: of Fitzsimmons, seconded by Savanick, directing the City Attory SEWER BACKUP ney to pursue settlement of claims from a March 9th, 1977~ sewer INSURANCE CLAIMS backup with the. City's insurance company and directing that no further claims for damages be paid by the City, except carpeting. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving a building permit ACADEMY VILLAGE for a quad-home on Lot 4 Of Block 1 of Academy Village BLDG. pERMIT subject to receiving a more detailed plan acceptable to City Staff. Ayes - 5 - Nays - 0. The Council discussed revising the Planned Development Agreement forAcademy Village by not requiring the developer, to cometo the Council for approval of each quadhome on'the 38 lots, but only have the permits reviewed by the Building Inspector, The Council said it would like to see some of the homes actually constructed before making this decision. Steve Mattson, of Juran & Moody, Inc., was present to report on commercial revenue bonds for Academy Village. He-said they have received approval of the Department of Economic: Development, and he now has more answers as to how this,procedure would work. The paper- work would probably involve one master resolution for the project and a simple one-page resolution would be required for~the individual buildings. Mayor Branning said he under- stands this type of financing is to encourage and help industrial construction. He said this is for residential construction and he does not know if the Council should approve this type of bonds for residential development. Councilmember Savanick asked whether the four units in a quadhome could be owned individually? Tom Hieberg, representingAcademy Village, said no, the Agreement with the City prohibits it unless they come back before the Council and replat the lot. He commented on the diversity of housing this is adding to the City and the benefit from real estate taxes because these are taxed as multiple dwellings. He said if the Council-wanted more inform- ation,.he would be willing to work with City Staff and answer their questions. Mr. Aslseon said, as he understands it, the questions the Council wants answered are will this benefit the City or will it cost the City money in services? Will there be a reduction in rent of the units if tax exempt bonds are used to finance it? Further consideration of this was tabled until the petitioner gets more information. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Page 5 MOTION: of Holton, seconded by Hayes, continuing tonight's meeting beyond the adJournment time. Ayes - 3 - Nays - 2 (Fitzsimmons and savanick). MOTION: of Savanick; seCOnded by Holton, tabling consideration of an ordinance rezoning Valley Commercial Park 1st and Dyer Additions until infOrmation is received from the Chamber of, Commerce on whether they believe this Should be done, Mayor Branning will ask the Chamber for an answer to this question. Ayes - 4 - Nays - 1 (Holton). MOTION: of Savanick, Seconded:by Fitzsimmons, approving, a renewal of a conditional.use permit for Edwin Tousignant, to operate a golf driving range at:4870:west 150th Street for a period of eight years, from 1978 to 1986. Ayes - 5 - Nays- 0. MOTION: of Holton, see0nded by Hayes, continuing tonight's meeting : EXTEND MEETING TABLE REZONING V.C. PARK 1ST &:DYER:ADDNS. TOUSIGNANT GOLF CONL. USE PERMIT RENEWAL MOTION: df Holton, seconded by:Fitzsimmohs, granting a Variance for a VARIANCE.POOL c - 308 Square foot pooi building at i09Shasta Courtl - BLDG. , DENIED Councilmember Savanick asked for letters from adjacent property owners agreeing to: this building before making a decision. Mr. Gretz said they have a letter from the property owner in back of this lot agreeing to it and because of the topography of this lot, a building on it Would only affect the property to the rear. Vote was taken on the motion, Ayes - 2 , Nays ' 3 (Branning~ Hayes and Savanick). Variance:denied. MOTION: of Holton, Seconded by Hayes, approving a waiver of platting for WAIVER OF PLATT- LOT 2 of BlOCk 1 of Apple Valley Commercial Addition subject to ING - AV COMML. receiving an executed copy of the agreement between Land Holding ADDITION Company and Bermel-Smaby Realty, Inc. Ayes - 5 - Nays - 0. The Council discussed construction of a trail on the pathway, from the park, along the lakeshore,on the north side of Long Lake. MaYor Branning said he had walked over the area and the City should retain ownership of the pathway but he does not believe an asphalt trail should be cOnstructed on it. John Vess said the Planning Commission agreed, at the time this land was given to the City, and believed this should be a more natural trail. The Mayor also said perhaps by putting up signs to show where private property begins use of the trail could be controlled MOTION: of Hayes,.sec0nded,by Holton, accepting $2,500.00 from Thompson LONG LAKE PATH Construction Company in lieU 0f constructing an asphalt path G.L. 9TH AGP, MT. on the trail, with the City retaining ownership of the trail. to satisfy the obligation of the Development Agreement for · Greenleaf 9th Addition as recommended by the Park Committee. Ayes - 5 Nays 0 Mr. Asleson explained the request for a sign variance for Diamond Path Village Center. The plans presented previously represented a 16 by 4 foot sign for which a variance wasgranted, Mr. Merrimam, the petitioner, believed he had asked for a 16 by 10 foot sign. . MOTION: of Holton, seconded by Hayes; granting a variance for a 16 by SIGN VARIANCE 20 foot identification,sign for Diamond Path Village Center. DIAMOND PATH Ayes - 3 - Nays - 2 (Fitzsimmons and Savanick). CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Page 6 The Council discussed a contract with Urban Planning.& Design for Comprehensive Plan update planning services. Councilmember Fitzsimmons asked if Mr..Voss would be working on comprehensive plans for any other communities during the time he would be working on Apple Valley's plan. He said he would be completing a Critical Area Plan for Inver Grove Heights, but other Communities, for which he is a consultant, have completed their Comprehensive Plans more recently thanApple Valley andwould not bedoing an update yet. Couneilmember Savanick asked about the time table proposedin the contract. Mr. Asleson reviewed a time table showing'the required actions and when they could occur and said the Council may want toreview this further. MOTION: of Holton, seconded by Hayes, approving a contract with Urban URBAN PLANNING Planning & Design for Comprehensive Plan update planning COMP. PLAN Services, as amended, andauthorizing the-Mayor and Clerk J:~iCONTRACT to execute the contract subject to review of the time table at the next Council meeting. John V0Ss asked if the Council wanted to include a statement on how themeetings on the Comprehensive Plan update will be conducted? Mayor Branning said he, would discuss this with the Planning Commission Chairman and did. not believe it would have to be part of the contract. Vote was taken on the motion. Ayes , 3 , Nays- 0 (Fitzsimmons and SavanickAbstained). MOTION: of Holton, seconded by Hayes, approving hiring Matt Kuntscher HIRE PARTTIME for pool maintenance at $4.00 hourly effective May 16, 1977; ~ EMPLOYEES Ron Bouchard as Groundskeeper II at $2.75 hourly effective May 9, 1977; Julie Hatzung and Vickie Garbe as W.S.I. at $3.25 ' hourly effective May 16, 1977; Julie So,ers as Water Adaptability Aide at $2.35 hourlyleffective~May 16, 1977; and Virgil~Kardell as Groundskeeper II at $2.75 hourly effective May 13, 1977. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by,Hayes, adopting Resolution No. 1977-88 RES. 1977-88 accepttngthe~Civil Defense~Siren System as. complete and ACCEPT CIVIL authorizing final payment to Electric Service~Company of DEFENSE SIRENS Minneapolis, IncJ Ayes - 5 - Nays -i0.. MOTION: of Holton, seconded byHayes,~ amending the Heritage Hills HERITAGE HILLS Planned Development Agreement by allowing the developer to PARK CONST. construct One ball field and one.double tennis court in the park and the City will credit the verifted~cost of such construction against the $11,200 park dedication. Ayes - 4 - Nays- 1 (Savanick). MOTION: of Holton, seconded by Hayes, approving a transient merchant TRANS. MERC. license for Apple Valley V.F.W. Post 3062 for a period of LIC. V.F.W. five years to sell fund raising items. Ayes- 5 -:Nays - 0.. MOTION: of Hayes, seconded by Holton, tabling consideration of . · ordinance adoption procedures. Ayes - 5 - Nays - 0. TABLE ORD'I'NANCE ADOPTION PROC. MOTION: of Holton, seconded by Hayes, tabling consideration of a revised transient merchantlicense ordinance. Ayes r 5- Nays - 0. TABLE REVISED TRANS.MERC. ORD. CITY 0P APPLE VALLEY Dakota County, Minnesota May 12, 1977 Page 7 The meeting adjourned at 12:20 o'clock a,m. A golf course clubhouse status report was tabled since the Council met at a special meeting at 6:30 p.m. tonight to review this MOTION: of Holton, seconded by Hayes, tabling discussion of the 1977 . TABLE i9'77 street seal coating program. Ayes - 5 - Nays - 0. SEAL COATING The Council received a memo on an April 26th, 1977 meetinghosted by Dakota county on site selection for a chemical wastedisposal facility. MOTION: of Holton, seconded by Hayes, adopting Resolution No~ 1977-89 restricting use of water for lawn spriDkling by allowing even numbered houses to water on even numbered days and odd numbered houses on odd numbered days excgpt new sod is exempt. Ayes - 5 - Nays - 0. of Holton, seconded-.by Hayes, to pay the Claims and'bills, checks numbered 3798 through 3811 and 4704 through 4843, in the total amount of $231,798.64. Ayes - 5 ' Nays - 0~ MOTION: of Fitzsimmons, Seconded by Hayes, to adjourn. Ayes - 5 - Nays - 0. RES. 1977-89 LAWN WATERING RESTRICTIONS CLAIMS & BILLS CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Detail of Public Hearing on Project 76-20. Mr. Asleson explained that the $45.00 to $90.00 figures were only estimates of the per lot cost and the actual amount assessed would be the cost of the project. Because the amounts are relatively small, this would probably be assessed over five years. A woman who does not live near Garden View Drive said she was for sidewalks even though she did not live near it and did!not mind. sharing the costs.- The question was asked why sidewalks have to be on both sides of Garden View Drive? Mr, Rosene said this eliminates pedestrians crossing at many places. The question also was why not assess all of the Garden View Drive sidewalks to all of North Apple Valley and when a sidewalk is built on the west side of Hayes Road, assess all of the cost of it to North Apple Valley also? Mr. Asleson explained the assessment district concept and said the sidewalk on Hayes Road is not part of this public hearing but will be scheduled for a public hearing very soon. A person said it is hard to rationalize paying for a sidewalk on Garden View Drive and living on Redwood Drive when the children must cross County Road 42 to get to Valley Middle School. What happened to the pedestrian o~erpass votedlon in a bond issue several years ago? Mr. Asleson explained that after plans were reviewed for such an:overpass at County Road 42 and Elm or Redwood Drives, it was Just not feasible to do it. The money was never spent for the overpass because the Voters'voted onlgiving the Council authority to sell bonds and since the money was never needed, the bonds were never sold. Bob Patzke asked how long the bonding authority would last? Mr. Asleson said he:doesn't:really know and this would be a question for a bonding attorney to answer, but it would depend on whether its been five years or twenty years since the referendum. Mr. Patzke also asked how wide the sidewalks would be? Mr. Rosene said five feet wide and four inches thick. A man said he lives on Pinewood Drive. Pinewood Drive ends right at Westview School and he doesn't want the sidewalk. A few years ago there was a proposal for sidewalks in all of North Apple Valley, Who wbuld pay for those if they were put in some day? Branning said it was proposed to install sidewalks in all of North Apple Valley because the assess- ment district concept could not he used several years ago. Those sidewalks were not installed then because people fet the cost was too high. Mrs. Adamson of Ridgeview Drive said she agreed the sidewalks are necessary. Marge Bonin, 121 Garden View Drive, said she did not receive a notice of the hearing but heard about it from the neighbors. She also commented on crossings for the school children now and problems with the school patrols. Mr. Asleson reviewed the files and the property at 121 Garden View Drive was listed in someone else's name because they are purchasing it on a contract for deed. A man asked how far the sidewalks would be from property lines? Mr. Rosene said one foot. He asked if this wasn't too close? Mr. Rosene said this is still far enough to be acceptable. John Strunk, of Walnut Lane, asked about the sidewalk on Hayes Raod and what distance it would cover? He was told that hearing has not been set yet, but it would be proposed to be from County Road 42 to the Westview property where it would connect with sidewalk in Academy Village. Mr. Strunk said he agreed both sidewalks were needed. Mrs. Yetzer asked why the sidewalk needed to be five feet wide? Mr. Rosene said that is the width of sidewalks along major streets. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1977 Detail of Public Hearing on Project 76-20 continued. A person asked why the homes on Garden View Drive would have to pay mere for the side- walks? He was told because they benefit more from the sidewalk. He also asked about boulevard trees and snow shoveling on the sidewalks. Mr. Rosene said they would try to save all the trees. John Gretz said the City has been working on a policy of plow- ing sidewalks along major pedestrian routes to schools, but it is not completed and probably would be before the Council this fall. A person said he would like the sidewalks placed a further distance from the property lines than one foot. Branning commented on safety factors of keeping pedestrians away from the streets. He also said perhaps the assessment amounts could be different for those farther from Garden View than shown. Councilmember Savanick said she was the one who proposed sidewalk installation along Garden View Drive and commented on the safety factors she believed zequired it.