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HomeMy WebLinkAbout05/26/1977CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held May 26th, 1977, at 7:00 o,cleck p.m. pREsENT: Mayor Branning; Coun¢ilmembers Fitzsimmons, Hayes, Holton and Savanick; Clerk Asleson. ABSENT: None. MayOr Branning called the meeting to order at 7:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Fitzsimmons, seconded by Holton, approving the agenda for APPROVE AGENDA tonight's meet£ng aa amended. Ayes - 5 - Nays , 0. MOTION: of Fitzsimmons, seconded by Hayes, approving the minutes of the MAY 12, 1977 meeting of May 12th,.1977 as written. Ayes , 5 Nays , 0. MINUTES MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of MAY 18, 1977 the Board of Review meeting of May 18th 1977, as amended. MINUTES Ayes - 4 - Nays - 0 (Hayes abstained). MOTION: of Holton, seconded by Fitzsimmons:adopting Resolution No. 1977. RES. 1977-90 90 awarding the contracts for the City Hall expansion to the low CITY HALL ADDN. bidders as follows: General - Gilbert Construction Co., Inc. - CONTRACTS $456,732; Mechanical Grendahl Mechanical, Inc. - $161,440; Electrical - Maurie St. Martin Electric, Inc. - $95,005; for a total cost of:$713,177. Ayes - 5 - Nays - 0. Mr. Bud Peterson, of Peterson, Clark & Associates, architects for the building expansion, was present and noted his firm's estimate of the cost of the project including site work last fall was $31.92 per square foot. The budget the City Council approved for the build- lng without site work was $31.70 per square.foot. The actual amount of the low bids, without site work, is $31.70 per square foot. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-91 RES. 1977-91 revising the budget for the City Hall expansion from $862,000 CITY HALL ADDN to $878,557,for the construction. Ayes - 5.Nays 0.. BUDGET MOTION: of Holton, seconded by HaYes, adopting Resolution No. awarding the contract for Deep:Well .No. 7 Pumphouseto Lee Richert Plumbing .& Heating, the low bidder,:in the amount of $86,340.00. Motion and second withdrew for clarification from the Engineer as to.whether a deduct alternate on the contract should be taken. Consideration of a proposal for.advanc refunding of certain special assessment bonds by Juran & Moody, Inc., was tabled. : Mr. Asleson reviewed a request for a variance to build two homes at 15345 and 15354 Dunbar Avenue without two-car garages. He said OrdinanceNo. 162 does not require homes to be constructed with two-car garages but space must be allowed on the lot for future garage construction. However, when the Development Agreement for Apple Valley East was approved it stipulated two-car garages must be included and that is the reason for the variance request. Councilmember Hayes said he would like to review this request with people living in the area before making a decision. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1977 Page 2 MOTION: of Holton, seconded by Savanick, granting a variance for con- GARAGE struction of two homes at 15345 and 15354 Dunbar Avenue with- VARIANCES out two-car garages. Mr. Killian of 15124 Dunbar Boulevard presented a petition signed by residents in the Apple Valley East area epposing this variance. The Mayor also read a letter from Donald Leake opposing it. The Council discussed garage requirements and the location of drive- ways if no garage is constructed..The Council agreed that since the Development Agreement for Apple Valley East required two-car garages and the people already living there bought homes under this requirement, it should not be changed. Vote was taken on the motion. Ayes - 0 - Nays - 5. VARIANCE DENIED. MOTION: of Hayes, seconded by Fitzsimmons~ adopting Resolution No. 1977-92 awarding the contract.for Deep Well No. 7 Pumphouse to Lee Richert Plumbing & Heating, the low bidder, with the alternate for a total amount of $86~140.00. Ayes - 5 - Hays - 0, MOTION: of Hayes seconded by Holton, approving hiring Charles Ritchart.as Parkkeeper III effective May 23, 1977, at $3.25 ' per hour and Janice Sparley as a swimming instructor effective May 9, 1977, at $3.25 per hour. Ayes - 5 - Nays - 0, RES. 1977-92 WELL 7 PUMP- HOUSE CONTRACT HIRE PARTTIME EMPLOYEES LING SALARY INCREASE PROM SALARY INCREASE MOTION: of Holton, seconded by=Fitzsimmons, approvinga salary increase for Richard Ling of $I00.00 per month effective June 1, 1977. Ayes - 5 - Nays - 0. MOTION: of Holton, secondedby Fitzsimmons, approving a salary increase for Fred Prom of $204.00 per month effective May 2, 1977. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. establishing procedures for adopting ordinances. The Council discussed whether such a written-policy is necessary and if it would limit the the Council's actions in adopting ordinances. Mr. Asleson said this policy still provides that the Council could adopt ordinances atone meeting or if it is controversial, the ordinance could be held over and giventwo readings. The Council discussed changing the wording and the motion and second agreed to table this item and have the policy rewritten to be less restrictive. MOTION: of Hayes, seconded by Holton, passing Ordinance No. . regulating and requiring the licensing of transientmerchants and peddlers as recommended by the Urban Affairs Committee subject to final review by the City Attorney~ The Council discussed clarification of certain paragraphsand changes in the requirements for religiousand charitable organizations making it an annual registration at a minimum fee. Both the motion and second withdrew the motion. MOTION: of. Savanick, seconded by Hayes, tabling consideration of TABLE TRANSIENT transient merchant license ordinance for two weeks, to have MERCHANT ORD. parts of it rewritten. Ayes - 5~- Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1977 Page 3 The Mayor called the pub!ic hearing to order at 8:14 p.m. on project 76-2, street improvements on 140th Street fromGarden View DriVe west to County Roadll. _The Engineer showed the location.of theproposed improvements on the map and said it would be a 52-foot wide street with concrete curb and gutter, The total cost of the improvements' including a sanitary sewer crossing is estimated at $185,600 of which a portion can be- assessed to benefitting property and the balance paid from municipal state aid street funds. Coqncilmember Savanick asked if the intersection of l40th Street and Countyf Road 11 would be signalized? Mr. Rosene said not now, but it probably would be when County Road 38 is constructed in the future. He also said-this proposal do not show the final intersection design which will have to be-discussed wSth Dakota County. John Voss asked if a trail is proposed along 140th Street. Mr. Rosene said it is not part of this project, but there will be room for a trail along the south side of the street on the boulevard. Mr. Asleson asked if state aid street, funds could.be used if only Part 1, from Garden View Drive to the golf course, were constructed at this time. Mr. Rosene said he believed it could be. Mr. Asleson saidhe will have information on state aid street construction for the Council at its next meeting. Don Anderson asked about the align- ment of 140th Street near the Burnsville border where it is shown to curve slightly south and who would dedicate the additional right of way? Mr. Asleson said the City's Planned Development Agreement for Cobblestones requires the developer to dedicate the land. Mr. Anderson also asked when the street would be constructed? Mr-. Rosene said the first part could completed by this fall and the second part could:be graded in by then. Mr. Asleson said he did not know if the City could justify constructing the the entire 52-foot wide street at this time since the only real need Sot it is to the golf course. After everyone had been given an qpportunity, to be heard, the'Mayor declared the hearing closed at 8:31 p.m. MOTION: of.Hayes, secondedby Fitzsimmons, adopting Resolution No,, 1977- RES. 197~93 93 directing the Engineer:to prepare plans and specifications PLANS & SPECS for Project 76-2,.Part.1, street improvements for 140th Street : PROJ. 76-2 from Garden View Drive west to the golf course entrance, with an alternate.showing sidewalk and traiI construction. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving Appendix 2 (time schedule) of the Comprehensive Planning Contract with.Urban Planning & Design, Inc. AYes - 4- Nays 0. (Fitzsimmons abstained)? · APPENDIX 2 URBAN PLANNING CONTRACT Mayor Branning said he had met with Gene Glenn, Planning Commission Chairman, to work out a program for the Council's input to ,the Planning Commissionon the Comprehensive Plan. The Council said it could meet with the Planning Commission June 22nd or 29th at 8:00 p.m. to discuss this. The Planning Commission was requested to inform the Council which date it can meet jointly with the Council. Mr. Asleson said the City has reqgived a letter from the Metropolitan Council concerning the city's response to the Systems Statement Most of the changes requested:by the City have been agreed, to by the Metropolitan Council and this information will be available for the Council at its June 6th.meeting. He also said if all the changes cannot be agreed on by Stipulation a hearing has been scheduled before the State Hearing Examiner for June 20th, 1977. · MOTION: of Holton seeonded by HaYes, adopting Resolution,No. 19~'94] ~.19'~-9~ accepting the ConStructlon contract for Fire station 1 as final FiRE STN 1 and authorizing final payment, subject to review by the City ACCEPTANCE Attorney. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1977 Page 4 Mr. Asleson commented on the pathway a.long County Road 42, which was part of the same bond issue as the fire station. The pathway along the north Side of County Road 42 was con- structed, but the short stub on the south side has not been constructed because of difficulty in obtaining an easement from the property owner, The property owner has now verbally agreed to give a pathway easement. MOTION: of Hotter, seconded by Fitzsimmons, authorizing the City CO. RD. 42 Attorney to prepare an easement for a pathway connecting the PATHWAY EASEMENT service driVes on the south side of County Road 42; said path to be constructed of concrete and meandered to save a large tree on the lot. Ayes - 5 - Na2s - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-95 FIRE LANE EXT. extending the fire lane in front of the building addition in A.V. CENTER the Apple Valley Shopping Center (northwest corner of County Road 42 and Cedar Avenue). Ayes ' 5 - Nays - 0. The Athletic Association has requested 'using eight additional parks for soccer practice. Mike Bassett said he did not knOw if all eight neighborhood parks should be used but he would be willing to review this with the V.A.A. MOTION: of Hayes, secondedby SaVanick, authOrizing Valley Athletic V.A,A. PARK Association to use Faith, Galaxie, Duchess, Redwood South, PRACTICE AREAs Walnut and Penn0ck Parks and parks at 131st and Johnny Cake and 135th and Fordham for practices on a trail basis three nights per week for two weeks, Mayor Branning commented on the problems of organized activities in neighborhood parks, such as parking but said practices de not generate as much traffic as games do. Vote was taken on the motion, Ayes - 5 - Nays - 0. MOTION: of Holton, seconded byFitzsimmons, reconsidering a variance forRECONSIDER VAR. a 308 square foot pool building at 109 Shasta Court which was 109 SHASTA CT. denied May 12th, 1977, by the Council. Ayes - 5 - Nays - 0. MOTION: of Holton, Seconded by Fitzsim~ons, granting a variance for a POOL BUILDING 308 square foot pool building at 109 Shasta Court as recommendedl09 SHASTA CT. by the Planning Commission. Councilmembers Hayes questioned the need for a building as large as this. The Petitioner said he needs the storage space and intends to remove two smaller storage buildings on his lot after this building is constrdcted. Re also showed photographs of his lot. Vote was taken on the motion. Ayes 5 - Nays - 0. Mr. R. J. Smiley, rePresenting Valley DevelOpment Associates, presented a proposal for a golf course clubhouse facility at the City's Lebanon Hills Golf Course. Mr Charles Radloff, architect for the group, showed a proposal plan for a building housing a pro shop, restaurant, handball and tennis courts, locker rooms, etc. They would propose to construct and manage the facility with the City operating the golf Pro shop. To finance the proJ they would ask the City to approve $3.2 million municipal industrial; revenue bonds. If the proposal were accepted by the City, Mr. Smiley said they could begin construction in 120 days and would be open by next year's golf season. Mayor Branning aksed staff to review CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1977 Page 5 the proposal before the Council makes a decision. He asked Mr J. M. Kelly to make a formal presentation to the Council before the Council decides on one of the proposals Mr. Kelly, who was present, said he would let Mike Bassett know if he would be able to make a presentation at the June 6th meeting. MOTION: of Hayes, seconded by Savanick, approving the final platof Apple Valley Square 2nd Addition, located southeast of County Road 42and Pennock Lane, as recommended, by, the Planning commission. Ayes - 5- Nays - 0, MOTION: of Savanick seconded by Fitzsimmons, granting a variance for a 12 by 20 inch "Antique" sign in a residential area at 13000 Pilot Knob Road as long as there are no neighbors within one- fourth mile of it. Ayes -3 - Nays - 2 (Hayes and Holton). MOTION: of Savanick, seconded by Hayes, granting a variance at. 104 FENCE VARIANCE Hidden Meadow Road for a swimming pool fence setback 10 feet 104 HIDDEN from Butte Avenue right-of-way as recommended by:the Planning MEADOW ROAD Commission. Ayes - 5 - Nays - 0. MOTION: Of Holton, seconded by Fitzsimmons, approving a Waiver of platt- WAIVER OF ing for One lot at 7525 West. 16Oth Street subject to dedicating PLATTING rights-of-way for Cedar Avenue and County Road. 46 and severing 7525 W. 160th direct access to those streets when requested by the City as recommended by the Planning Commission.: Ayes - 5 - Nays.-0; John Voss asked whether the conditions of this waiver of platting could become:part of the deed so they would remain on the property if it were sold? The Mayor asked that. this question be referred to the City Attorney for an answer. MOTION: of Fitzsimmons, seconded by Branning, continuing tonight's ! · EXTEND MEETING meeting beyond the adjournment time. Ayes - 3 - Nays - 2 (Holton and Savanick). John Gretz-.reviewed the proposal of Kendrick Electric-for a buildingin ValleY Commercial Park 2nd Addition The plans are for an electric shop and warehouse with additional Office space which is Planned to be rented out Mr. Gtetz noted that offices are only permitted in a B-3 zoning district as a accessory use. KendrickElectrtc could have,.its own office in the building but the additional space could only be rented for a use as permitted in a B-3 zone. MOTION: of Hayes, seconded by Holton approving a building permit for KENDRICK ELEC. Kendrick Electric On Lot 4'of Block. of Valley Commercial ' BLDG. PERMIT Park 2nd Addittons recommonded by the Planning Commission Ayes - 5 - Nays - O. A.V. SQUARE 2ND FINAL PLAT .SIGN VARIANCE 13000 PILOT KNOi MOTION: of Hayes,seconded by Holton; adoPting Resolution No. 1977-96 RES. 1977-96 establishing procedures for approving and.amending planned ~ P~D. & REZONING development agreements and rezonings by the City Council. PROCEDURES ' Aye~ - 5 ~ Nays - 0 Mr, Cal Merriman of Diamond Path, Inc presented a proposal to construct a 16-unit apartment building at the Diamond Path Village Center site. He proposed revising the original layout of the land uses by shifting around the commercial, institutional and apartments, but retaining the same number of acres for each use. Councilmember Holton suggested the possibility of locating a fire station on the institutional CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1977 Page 6 area. Councilmember Savanick said she has many questions on this plan and the village center and is not, ready to approve a change in the concept plan. MOTION: of Savanick, seconded by Hayes, denying the request for a revised concept plan exhibit to the MACRO Planned Develop- ment Agreement. MACRO CONCEPT PLAN REVISION The Council discussed the revisions shown and the farm site which is not part of this property, but which was shown on the original concept plan exhibit. Mr.Merriman said the commercial area layout has to be revised because he has not been able to purchase the farm site to work it into the plan. The Mayor asked the Council if it felt apartments belonged in a Village Center? The Council agreed the concept of apartments in a village center is good, but would like to see a layout of the entire plan before approving only one part of it. Councilmember Savanick suggested the City have a professional planner review this plan. Mayor Branning said the Council must decide what it wants in a village center before a professional could help review the layout. Vote was taken on the above motion. Ayes - 4 - Nays - 1 (Hayes). MOTION: of Holton, seconded by Hayes, approving a preliminary plat for PRELIM. PI2%T Lot 1 of Block l'of Property Underwriters 2nd Addition for a P~U. 2ND ADDN. 16-unit apartmentbuilding, on Essex Avenue, and to reconsider a concept plan for the entire area at a later date. Councilmembers Fitzsimmons andSavanick commented on their concerns about reviewing an entire concept plan for the area before allowing any apartment construction. Council- member Holton said apartments along Essex Avenue would'fit in with a concept plan and he believed it was a good location for apartments. J Vote was taken on the above motion. Ayes - 3 - Nays - 2 (Fitzsimmons and Savanick). The Council reviewed the development agreement for Valley South, east of Cedar Avenue at about 146th Street. Mr. Asleson said they were proposing to locate a 20-foot pathway easement from the residential part of this plan west to Cedar Avenue entirely on this property since the adjacent property owner was not willing to give half of'it. The Council aksed whether a time limit should be placed on this development. John Voss said the zoning ordinance specifies a' two-year limit and this project would come under that provision. MOTION: of Holton, seconded by Hayes, approving the Planned Develop- VALLEY SOUTH merit Agreement for Valley South, east of cedar Avenue, P.D. AGREEMENT including permitting locating the asphalt path five feet from the north property line on the 20-foot:pathway easement. Ayes - 5 - Nays - 0. Consideration of the development agreement: forHighland Hills, locatadnorthwest of County Road 38 and Garden View Drive, was tabled. Don Andersgn of Palomino Development reviewed requested changes in the Palomino Lakeside Meadows Planned Development. These included replattingthe 6th Addition to increase the size of the lots, permitting construction of duplexes on Lots 1 and'2 of Block 1 of the CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 1977 Page 7 3rd Addition and adding two additional townhouse units, one on each end of the group, in the First Addition. Mr. Anderson said they will also be doing additional landscaping in the First Addition. MOTION: of Hayes, seconded by Holton, accepting the Planning CommissioHs recommendation to revise the Palomino Lakeside Meadows Planned Development Agreement by replatting the 6th Addition, permitting duplexes on Lots 1 and 2 of Block 1 of the 3rd Addition and adding two townhouse units in the 1st Addition and directing staff to prepare the revised agreement. Ayes - 5 - Nays - 0. PALOMINO L.S. MEADOWS P.D. REVISIONS The Council received notices that Terry Nauslar and David Sadler have resigned from the Park Committee. They agreed to review the existing applications on file for people to fill these vacancies. Mike Bassett said the Park Committee would like to meet with the Council to review the September bond issue items. The Council said it would meet with the Park Committee at 7:00 p.m. on either the 22nd or 29th of June; the same night as it meets with the Planning Commission. Mayor Branning said he has received calls from people concerning the proposed installation of sidewalks along Garden View Drive from County Road 42 to Weatview School. The people would like the sidewalks located as far from their homes as possible. Mr. Rosene said the trees are about seven feet from the street and every foot the sidewalks are closer to the street means the sidewalks are closer to the trees too. MOTION: of Branning, seconded by Savanick, placing the five-foot wide sidewalk along Garden View Drive From County Road 42 to Westview School ten and one-half feet from the street and two and one- half feet from the property lines. Ayes - 3 - Nays - 2 (Fitzsimmons and Holton). GARDEN VIEW SIDEWALK LOCATION MOTION: of Hayes, seconded by Savanick, to pay the claims and bills, checks numbered 3797, 3812 through 3829, 4851 through 4865, 4867 through 4923 and 4931 through 4972, in the total amount of $497,174.62. Ayes - 5 - Nays - 0. Mayor Branning noted there will be a meeting at 7:30 a.m. May 27th, 1977, at Methodist Hospital to discuss the ambulance for the south suburban areas. MOTION: of Hayes, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting adjourned at 12:18 o'clock a.m.