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HomeMy WebLinkAbout08/25/1977CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held August 25th, 1977, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers, Fitzsimmons, Hayes and Ho!ton; Clerk Asleson. ABSENT: Councilmember Savanick~ Mayor Branning called the meeting to orderer 7:02 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 meeting as amended, Ayes - 4 - Nays - 0. MOTION: of Fitzsim~ons, seconded by Hayes, approving the minutes of AUGUST 11, 1977 August llth, 1977, as amended. Ayes - 3 - Nays - 0 (Holton MEETING MINUTES Abstained). Senator Howard Knutson, District 53, and Representative Ray Kempe, District'53A, presented ' a check of $8,707.95 representing the State Grant for Apple Valley's Civil Defense Sirens. Mr. Roy Palm, Apple Valley'e Civil Defense Director, and Mr. Bill Flynn, Metro Region Coordinator for Minnesota's Division of Emergency Services were also present. Mayor Branning accepted the check for the City. Mr. Asle~on reviewed financial information te!ated to .the proposed park bond referendum and the estimated costs of it, parts of which will be included in the brochure. The Council reviewed a final draft of the brochure on the park bond referendum which will be mailed to all residents in the City. MOTION: of Fitzaimmons, seconded by Hayes, authorizing printing the PRINT PARK information brochure on the proposed Park Bond Referendum as BROCHURE presented. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-165 setting a special park bond issue election for September 27th, 1977, with the amount of the question not to exceed $910,000. Ayes - 4 - Nays - 0. RES. 1977-165 SET SPECIAL PARK ELECTION MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1977- 166 appointing Judges for the-special election on September 27th, 1977, as listed. Ayes - 4 - Nays - 0~ RES. 1977-166 ELECTION JUDGES MOTION: of Holton, seconded by Fitzslmmons, adopting Resolution No. 1977- RES. 1977-167 167 approving an on-sale liquor license and special Sunday on- APPLE PLACE sale liquor license for Apple Place, Inc., at 14917 Garrett LIQUOR LICENSE Avenue. Ayes - 4 - Nays - 0. Mayor Bramning reviewed the proposed preliminary plat of Apple Valley Offices, Inc. at 147th Street and Cedar Avenue, as discussed at the August llth, 1977, Council meeting. He noted the proposed plat does meet the City's subdivision regulations. MOTION: of HoltOn, seconded by'~Fitz~immons, approving the preliminary PRELIM. PLAT plat of Apple Valley Offices, INC., northeast of 147th Street A.V. OFFICES and Cedar Avenue. The Council discussed alternatives for a building and parking on the proposed plat. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1977 Page 2 Jim Sheldon said, after briefly reviewing the Planned Development Agreement on this prop- erty, he does not believe the Council has to approve any plat Just because it is covered under the Agreement. Councilmember Holton said he does not believe a free standing building would be the best use of this land and the Council has discretion to determine the best use of the land. Ha said would like to see the proposed building before det- ermining if this should be platted. Glen Galles asked what the best use of the land is? He said it meets the qualifications for platting and his company wilt be reviewing the architecture of any proposed building. MOTION: of Hayes, seconded by Holt0n, amending the previous motion by AMEND PLAT stating the preliminary plat approval is granted for six APPROVAL months and will be withdrawn if a final plat has not been presented by that time. Ayes - 3 - Nays - l(Fitzsimmons). Vote was taken on the original motion as amended. Ayes - 2 - Nays - 2 (Fitzeimmons and Holton). Motion Failed. Councilmembers Fitzsimmons and Holton said they voted no because they believe the Council does have discretion on approving subdivisions and do not feel this is a beneficial sub- division. MOTION: of Holton, seconded by Fitzsimmons, placing consideration of A.V. OFFICE the preliminary plat of Apple Valley Offices lNC on the PLAT NEXT AGENDJ next meeting's agenda for further consideration. Ayes - 4- Nays - 0. MOTION: of Holton, NO SECOND, granting a variance to Apple Valley A.V. ALLIANCE Alliance Church for a sign and the cross on its property east CHURCH SIGN of Cedar Avenue at about 144th Street. Motion failed for lack of a second. Mr. Asleson said the Council should be acting as a Board of Appeal on this matter because the Church ia asking for reconsideration of the Council's action at its July 28th meeting. Mayor Branning. asked that any future requests of this type be'acted on at a special meet- ing called for that purpose. Representatives of Apple Valley Alliance Church were present and said they considered the sign and the cross to be a compositeJsign within the'square footage requirements of the City's ordinance. The Council said it is an off-site directional sign and only the sign portion was granted because services are not held there at the present time. The Council agreed, if a church were located on the property, they would probably not object to the cross. Church representatives said they believe a distinction should be made between commercial and institutional property in the sign ordinance. Theyalso said they do hold Wednesday evening meetings in the house on the property. MOTION: of Holton, NO SECOND, permitting across on the Apple Valley Alliance Church property, near the sign, because they meet there on Wednesday evenings and plat to build a church on the site. Motion failed for lack of a second. A.V. ALLIANCE CHURCH CROSS Mayor Branning called the Public Hearing on Project 77-8, Whitney'Drive Sidewalks, to order at 8:50 o'clock p.m. He noted the Affidavit of Publication was received. Keith Gordon reviewed the proposed sidewalk from east-west Whitney Drive to Cedar Park School. The Mayor asked for any questions or comments from the Council, Staff and public. There being none, the hearing was closed at 8:54 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1977 Page 3 MOTION: of Holton, seconded by Hayes,.adopting Resolution No. 1977-168 ordering Project 77-8, Whitney Drive sidewalks. Ayes - 4 - Nays - 0. ' . MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-169 approving plans and specifications for Project 77-8 and Change Order No. 1 to Project 76-20(1) in the amount of $9,'405.00 to install the project. Ayes- 4 - Nays - 0.. RES. 1977-168 PROJ. 77-8 RES. 1977-169 PLANS & SPECS & CHANGE ORDER Mayor Branning called the Public Hearing onProject 77-6, Heritage Hills 4th Addition improvements, to order at 8:55. o'clock p.m. He noted the Affidavit of Publication was received. Keith Gordon reviewed the proposed sanitary sewer, water, street and storm sewer improvements. The Mayor called for questions or comments from the Council, Staff and public. Councilmember Hayes asked about the location of the storm sewer holding pond. Mr. Gordon said it is located partly in the proposed County Road 38 right-of-way, but should not cause any problems. Mike Chulyak asked about additional storm sewer outlets in cul de sacs. Mr. Gordon said one outlet is generally sufficient where there is enough slope to carry away the water. There being no further questions or comments, the hearing was closed at 9:00 p.m. MOTION: of Holton, seconded by Fitzsimmons, adopting ResolUtion No. 1977- RES. 1977-170 170 ordering Project 77-6, Heritage Hills 4th Addition Improve- PROJ. 77-6 ments. Ayes - 4 - Nays - 0. MOTION: . of Fitzsimmons, seconded by Holton, adopting Resolution N0~:1977, RES. 1977-171 171 approving plans and specifications'for sanitary sewer, water PLANS & SPECS and storm s~wer in Project 77-6 and approving Change Order No. 1 & CHANGE ORDER to Project 77-2 in the amount of $22,232.~0 to install the project. Ayes - 4 - Nays- 0.: Mr. Asleson reviewed the history of the Carrollwood Village Planned Development. It was originally proposed to contain apartments, townhouses and single family homes. It was amended to contain more single family homes, a: few townhouses and apartments~. Jack Ardoyno presented a layout and isproposing to,.amend: it to all single family homes and retain the apartment area. He said he requests 40-foot setbacks from 140th Street rather than 50 feet, presently required. He is also requesttng moving Gutherie Avenue farther west than shown on the original plan because of the topography. The City has an option to purchase an additional 1.8 acres for parkland in:addition to.the 5.1 being dedicated by the developer MOTION: of Hayes, secondedbyFitzsimmons, approving the amendment to :cARR~LLW00D the Carrollwood Village Planned Development and preliminary AMEND P.D. & plat of CarrollWood Village 3rd &4th Additions, as recommended PRELIM. PLAT by the PlanningCommission and direct City Staff to prepare the Agreements with acquisition of the 1.8 acres of additional parkland. Ayes - 3 - Nays - i (Holton). MOTION: of Hayes, seconded by Fitzsimmons, authorizing the Engineer to PP. ELIM. REPORTS prepare preliminary reports for public improvements in Carroll- CARROLLW00D wood Village 3rd and 4th. Additions. Ayes - 4 - Nays - 0. Arthur Eaton presented a proposal for a subdivision east of Garden View Drive at about 141st Street consisting of:one.cul-de sac with 12 single family home lots and one double bungalow lot on Garden View Drive. CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1977~ Page 4 MOTION: of Hayes, Seconded by Holton, approving the preliminary plat of Timberwick 4th Addition, east of Garden View Drive, as recommended by the Planning Commission and directing City Staff to prepare the agreement. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by H0lton, authorizing the Engineer to prepare a preliminary report for public improvements in Timberwick 4th Addition. · Ayes 4 - Nays - 0. TIMBERWICK 4TH PRELIM. PLAT TIMBERWICK 4TH PRELIM. REPORT MOTION: of Fitzsimmons, seconded by Holton adopting ReSolution No. RES. 1977-172 1977-172 receiving the Engineer's preliminary report for PennockPENNOCK & Avenue improvements to 140th Street and in proposedDomestic DOMESTIC G~dtDEN Gardens, north of 140th Street and setting a public hearing HEARING on it for October 13th, 1977,at 8:00 o'clock p.m. ~Ayes ' 4 - Nays - 0. MOTION: of HOlton seconded by Hayes, adopting Resolution No~ 197.7-173 RES. 1977-173 receiving the Edgineer's preliminary report for imProvements AV EAST 2ND in Apple Valley East 2nd Addition and setting a public hearing HEARING on it for October 13th, 1977, at 8:15 o'clock p.m. Ayes - 4 Nays- 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-174~ RES. 1977-174 approving plans and specifications for Project 77-5, Forest FOREST PARK Park utilities, and authorizing advertisement for bids to be ' IMP. BIDS received September 23rd, 1977, aD 2:00 o'clock p.m. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Holton, adopting trafficsigns and recommendations of the State Highway Department at its May 25, 1977, letter fOr Garden View Drive. MOTION: of Holton, Seconded by Hayes, amending the above motion by following all the recommendations ekcept installing a 50 mile per hour speed limit sign 900 feet north Of Walnut Lane. Ayes - 4 - Nays - 0. Vote Was taken on the motion as'amended. Ayes - 2 - Nays'- 2 (Branning and Fitzsimmons). Motion Failed. GARDEN VIEW TRAFFIC RECOM. OMIT SPEED LIMIT SIGN GARDEN VIEW TRAFFIC RECOM. MOTION: of Hayes, seconded by Holton, adopting traffic signing and recommendations of the State Highway Department in its May 25, 1977, letter listed~as items 1, 2, 3 and 5 for Garden View Drive and moving the stop signs in front of Westview School to one intersection~ Mayor Branning said he would like the stop sign question tabled and be reviewed by Staff for a recommendation on which intersection the stop signs should be placed. Vote was taken on the~above motion, Ayes - 2 - Nays - 2 (Branning and Fitzsimmons). Motion Failed. MOTION: of Fitzsimmons, seconded by HoltOn, suspending the rules for making an appointment to the Cable TV Commission tonight. Ayes - 4 - Nays - 0. SUSPEND COMM. APPT. RULES CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1977 Page 5 MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-175 RES. 1977-175 appointing Paul J. Anderson to the Cable TV Commission for a ANDERSON term expiring August 1, 1979. Ayes - 4 - Nays - 0. CABLE TV COMM. MOTION: of Holt0n, seconded by: Fitzsimmons, adopting Resolution No. 1977- RES. 1977~176 176 reappointing Charles Booth to the Cable TV Commission for a . BOOTH CABLE term expiring August 1, 1980. Ayes - 4 - Nays - 0. TV COMM The CoUncil received the resignation of Ronald Schoof from the Historical Committee and thanked him for the time he has given the City as a member of this Committee and the work he has done for the 4th of July. MOTION: of Hayes, seconded by Holton, approving Change Order No. 1 to CHANGE ORDER 1 the electrical contract for CityHall expansion with Maurie BLDG. ELECTRIC St. Martin Electric for a $300~00 deduct. Ayes - 4.- Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving Change Order No. 1 CHANGE ORDER 1 to the Deep Well No. 7 contract with Keys Well Drilling of an WELL.No. 7 additional $7,844.00, and accepting the project as final and authorizing final payment. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons., seconded by Hayes, approving the purchase of a Toro Groundsmaster 72 from Minnesota Toro for $4,460.00 as recommended by the Park Director. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, setting a special Council meeting at 6:80 p.m. August 31 1977, to discuss golf course matters. Ayes = 3 - Nays - 0. (Hayes abstained). MOTION: of Fitzsimmons, seconded by Hayes, approving a salary increase for Gary Otis of $43,00 monthly effective September 2, 1977. Ayes 4 - Nays 0. MOTION: of Hayes, seconded by Fitzsimmons, approving hiring Carolyn Spray as an Accounting Clerk at $610.00 monthly effective August 29, 1977. AYes 4- Nays 0. PARK DEPT. TORO MOWER SET SPECIAL MEETING OTIS SALARY INCREASE NfaE ACCT CLERK - SPRAY MOTION: of Fitzsimmons, seconded by Holton, authorizing recruitment of a Forestry Supervisor as recommended by the Park Director. Ayes - 4 - Nays - 0. RECRUIT FORESTRY sUPvR. MOTION: of Hayes, seconded by Fitzsimmons, approving hiring Mark HIRE PARTTIME Merrlman as Groundskeeper II at $3.00 per hour and Richard EMPLOYEES Stanchfield and Jeffrey Benjamin for Seasonal Maintenance III at $3.25 per hour effective August 26, 1977. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, authorizing the Park Director NATL. PARK to attend the National Park Congress in Las Vegas October 2nd CONGRESS to 6th, 1977. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving hiring Patricia Liebelt as a parttime Dispatcher at $3.69 per hour effective August 29, 1977. Ayes - 4 - Nays - 0. HIRE DISPATCHER LIEBELT CITY OF APPLE VALLEY Dakota County, Minnesota August 25, 1977 Page 6 Mayor Branning commented on a meeting held August 23rd 1977, with representatives of Dakota County to discuss roads. A meeting between Apple Valley representatives and the Dakota County Commissioners is scheduled for August 30th, 1977, at 9:00 a.m. at the Dakota County Government Center, Construction of County Road 42 and 140th Street will be discussed. Mr. Asleson commented on information being distributed in Apple Valley by a group from Eagan about construction of Pilot Knob Road. He said Eagan is proposing to improve Pilot Knob Road, but Apple Valley does not have.plans to. do so at this time. He also said Apple Valley does not now intend to access the costs of such improvements when the road is improved in the future. MOTION: of Fitzsimmons, seconded by Hayes, approving a transient merchant License for Milton Swan, d/b/a Fireplace Wood, to sell door-to-door. Ayes - 4 - Nays - 0. TRANS. MERC. .LICENSE ORD. 27 TO URBAN AFFAIRS MOTION: of Hayes, seconded by Fitzsimmons, referring Ordinance No. 27 to the Urban Affairs Committee for review as to whether the portion concerning weeds should be amended. Mayor Branning asked that a copy of John Gretz's memo concerning weed control be dis- tributed to the press. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mayor Branning noted that he had received a letter reminding the City its application for a Planning Assistance Grant must be submitted to the Metropolitan Council by September 12th, 1977. MOTION: of Holton, seconded by Fitzsimmons, to pay the claims and bills CLAIMS & BILLS checks numbered 3907 to 3918, 5746 to 5767, 5769 to 5821, 5823 to 5825 and 5832 to 5874, in the total amount of $560,212.91. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. THe meeting was adjourned at 10:35 o'clock'p.m.