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HomeMy WebLinkAbout05/12/1976CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 12th, 1976, at 7:00 o'clock p.m. PRESENT: Councilmen Branning, Garrison and Holton; Clerk Asleson. ABSENT: Mayor Largen and Councilman Hayes. Acting Mayor Holton called the meeting to order at 7:03 The Council members and everyone in attendance took part in the pledge of allegiance to the flag. Councilman Garrison gave the invocation. MOTION: of Branning, seconded by Garrison, approving the minutes of the re- APRIL 28 & gular meeting of'~April 28th, 1976, and the special meeting of May- MAY 5 MINUTES 5th, 1976, as written. Ayes - 3 - Nays - 0. Consideration of purchase and lease options for a second City liquor store was tabled. MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1976- commending and thanking the Apple Valley Gardenettes for all the time and work they have put in the parks. Ayes - 3 - Nays - 0. RES. 1976-67 COMMEND GARDENETTES Mike Bassett presented a proposal for a park of approximately 288 acres located in both Apple Valley and Burnsville including the Lac Lavon area. He has talked with Charles Lowery, Dakota County Park Director, and Ralph Clover, Burnsville Park Director, and they would like to have Dakota County buy the property as part of the County Park System. Mr. Ray Skelton, the property owner, was present and said he would like to see the area become a park. He described the area and said this would also include frontage on Crystal and Keller Lakes. MOTION: of Garrison,'seconded by Branning, adopting Resolution No. 1976- 68 urging Dakota County to explore the feasibility of acquiring the Lac Lavon area property (located in Apple Valley and Burns- ville, south of Whitney Drive and west of Garden View Drive) as a County Park. Ayes - 3 - Nays - 0. RES. 1976-68 LAC LAVON COUNTY PARK Mr. Skelton asked for a copy of the resolution which he said he would like to give to the City of Burnsville and also discuss it with the City of Lakeville. MOTION: MOTION: MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1976- RES. 1976-69 69 authorizing an addition of $1,165.50 to the contract with ADDITION TO General Safety Equipment Corp. for the new fire truck presently FIRE TRUCK CONT. on order, as outlined in a letter to the Fire Chief. Ayes - 3 - Nays - 0. of Garrison, seconded by Branning, awarding the contract for 1976 street seal coat work to Pine Bend Paving~ the low bidder, in the amount of $19,522.90. Ayes - 3 - Nays - 0. SEAL COAT CONTRACT AWARD RES. 1976-70 AWARD CONTRACT PROJECT 72-28D of Branning, seconded by Garrison, adopting Resolution No. 1976- 70 awarding the contract for street improvements in Carrollwood Village 2nd and Timberwick 2nd Additions, Project 72-28D, to Fischer Construction Co., the low bidder, in the amount of $30,762.50. Ayes - 3 - Nays - 0. CITY 0F APPLE VALLEY Dakota County, Minnesota May 12, 1976 Page - 2 MOTION: of Branning, seconded by Garrison, granting a variance for three SIGN VARIANCE signs on the Lemon Tree Restaurant, as recommended by the Archi- LEMON TREE tectural Committee, one with just the "symbol" on the north side of the building and one on the east and south sides of the building (no sign on the west side). Ayes - 3 - Nays - 0. The Council received the revised zoning ordinance and the Planning Commission recommenda- tions. Consideration of the ordinance will be scheduled for the May 26th meeting. MOTION: of Garrison, seconded by Branning, granting a variance for sideyard DIAMOND PATH setbacks on Thompson's lots in Diamond Path Addition to 10 feet on VARIANCES the house side and 5 feet on the garage side with no between structure minimums. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Garrison, granting a waiver of platting to WAIVER OF shift a small "sliver" of land from Lot 14 to Lot 15 of Block 2 of PLATTING Heritage Hills Addition to better locate houses on the lots. HERITAGE HILLS Ayes - 3 - Nays - 0. MOTION: of Garrison, seconded by Branning, granting a temporary waiver of platting and a building permit for a house on a parcel of land north of Ellice Trail adjacent to Greenleaf 8th Addition, subject to filing a plat of the property before occupancy of the house. Ayes - 3 - Nays - 0. WAIVER OF PLATTING NORTH OF ELLICE John Voss reported on recent discussions with the Highway Department on the Zoo access road (new Trunk Highway 36). The Highway Department has said they do not have funds available to acquire the buffer area south of the proposed road, but they do have the funds to acquire the road right-of-way. If the Highway Department acquires the road right-of-way, Mr. Winkler would dedicate the buffer area to the City, per an Agreement with Mr. Winkler. Mr. Voss said they have not yet agreed on alignment of the two en- trance roads which would go north from the Zoo access road. MOTION: of Branning, seconded by Garrison, encouraging the Highway Depart- ZOO ROAD merit to pursue the alternative of acquiring the road right-of-way RIGHT-OF-WAY for the Zoo access road. Ayes - 3 - Nays - 0. The Council reviewed briefly the revised Comprehensive Sanitary Sower Plan. Councilman Branning asked the staff to find out if the City can apply to the Metropolitan Council for retroactive funding of some of the revised reports it has been required to prepare. MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1976-71 RES. 1976-71 authorizing the revised Comprehensive Sanitary Sewer Plan to be SEWER REPORT transmitted to the Metropolitan Waste Control Commission. Ayes - 3 - Nays - 0. MOTION: of Garrison, seconded by Branning, rescheduling the regular June SET JUNE Council meetings for June 16th and 30th, 1976, at 7:00 p.m. because MEETING DATES of conflicts with the annual League of Minnesota Municipalities Convention. Ayes - 3 - Nays - 0. Public Hearing - Acting Mayor Holton called to order the public hearing on the application of Lyndale Investment, Inc., for an on-sale liquor license for the Lemon Tree Restaurant at 8:02 p.m. and read the affidavit of publication. The City Clerk explained that this CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1976 Page - 3 license, if issued, would replace the license presently issued to John D. Rezac at the same location. Questions or comments from the audience were called for, and there being none, the hearing was declared closed at 8:04 p.m. Public Hearing - Acting Mayor Holton called to order the public hearing on improvements in the proposed Chateau Manor Addition, know as Project 76-4, at 8:04 p.m. and noted the affidavit of publication. Robert Rosene, the City Engineer, showed the locations of the water and sewer lines on the map. The storm sewer would drain, through pipes, to a lift station and then int~ Burnsville and some to the Belmont Park pond. The total cost of the project is $202,600 which would be assessed to the 21 large lots and 3 smaller lots on Palomino Drive. The lots on 131st Street are not included. James Sheldon, City Attorney, commented that even though these improvements were petitioned for by the property owner, the amount of the assessment could be contested at the time the assessments are levied because the amount of the assessment must~be justified by the benefit received. Don Anderson, of Palomino Development, said they wanted the improvements and intend to have the assessments paid as the lots are sold. The City Clerk, Attorney and Mr. Anderson will put some wording in the Agreement to the effect that Palomino will underwrite the assessments. There being no further questions or comments, the hearing was declared closed at 8:15 p.m. A draft of the Subdivision Agreement for Chateau Manor Addition was received, but no action was taken. The Clerk said there needs to be some more consideration given to cost sharing on the major roads which bound three sides of this Addition. The Preliminary Engineering Report for improvements in the proposed Domestic Gardens Addition, Project 76-6, was received. The Clerk said, since the Planning Commission is concerned about the long cul de sac in this Plat, perhaps the property owner would con- sider developing this under a planned development. Cul desacs are limited to 500 feet in length unless zoned under planned development. The staff will explore this possibility with the property owner. MOTION: of Garrison, seconded by Branning, directing the Engineer to pre- SUPPLEMENT TO pare a supplement to the preliminary report on Project 76-6 for REPORT FOR utility improvements from the nort end of Valley Commercial Park PROJECT 76-6 2nd Addition to 140th Street including separate costs for grading and improving Pennock Lane. Ayes - 3 - Nays - 0. The Preliminary Engineering Report for improvements in Timberwick 3rd Addition was received. MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1976- 72 setting a public hearing on improvements for Timberwick 3rd Addition at 8:00 p.m. on June 16th, 1976. Ayes - 3 - Nays - 0. RES. 1976-72 TIMBERWICK 3RD HEARING Councilman Branning asked when sidewalks along the east side of Garden View Drive in Timberwick 1st Addition would be installed. John Gretz, Public Works Director, said he would check the contract and find out. The Preliminary Engineering Report for storm sewer improvements in the Trans Union development was received. This project would correct some drainage problems in that area and complete the storm sewer there. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1976 Page - 4 MOTION; of Branning, seconded by Garrison, adopting Resolution No. 1976-73 RES. 1976-73 setting a public hearing on storm sewer improvements in the Trans PUBLIC HEARING Union development, Project 76-5, at 8:05 p.m. on June 16, 1976. PROJECT 76-5 Ayes - 3 - Nays - 0. MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1976-74 RES. 1976-74 directing the Engineer to prepare plans and specifications for PLANS & SPECS. Project 76-5. Ayes - 3 - Nays - 0. PROJECT 76-5 MOTION: of Branning, seconded by Garrison, authorizing the Engineer to PRELIM. REPORT prepare a preliminary report to determine the feasibility of con- CONNECT A.V. & necting Apple Valley's and Rosemount's water systems to provide ROSEMOUNT WATER standby service for each community in case of emergency. The lines SYSTEMS would be metered and both cities would share in the cost. Ayes - 3 - Nays - 0. Consideration of Change Order No. 1 to the Heritage Hills 2nd Addition contract, Project 76-3, was tabled. MOTION: of Branning, seconded by Garrison, approving Change Order No. 3 to CHANGE ORDER 3 the Farquar Lake storm sewer work, Project 75-88, in the amount of FARQUAR PROJ. $1,271.71 for overtime work previously authorized by the Council. Ayes - 3 - Nays - 0. The Council received the 1975 City Financial Statements, prepared on a cash basis. The Council received a memo advising that the annual report of LOGIS is available at City Hall for review. Councilman Garrison asked Fred Prom, Finance Director, if the City's revenue producing facilities will be able to be tied into the system in the future. He said they are considering that now, especially as far as liquor stores are concerned, and it may be ready in one or two years. MOTION: of Garrison, seconded by Branning, approving a 3.2 on-sale beer license for William Maynard at the Village Inn Pizza for 1976. Ayes - 3 - Nays - 0. A report received VILLAGE INN 3.2 BEER LIC. on the City's 1975 tree inspection program and a proposed 1976 program were by the Council. Ron Nelson, Deputy Forester, was present to discuss it. MOTION: of Branning, seconded by Garrison, authorizing John Gretz to attend GRETZ the annual American Public Works Association convention this fall CONVENTION in Las Vegas. Ayes - 3 - Nays - 0. MOTION~ of Garrison, seconded by Branning, authorizing hiring Glen Cozine SUMMER and Ken Leach for park maintenance at $2.50 per hour and Dave Sher- EMPLOYEES idan at $2.75 per hour; Matt Kuntseher for pool maintenance at $3.75; Austin Foreman for golf course maintenance at $2.30 per hour; and Bruce Lindeman for tree inspection at $2.75 per hour for the summer. Ayes - 3 - Nays - 0. It was noted the Council will tour the Apple Valley Senior High School and Ice Arena with the building architect at 5:45 p.m. on May 26th, 1976, before the Council meeting. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1976 Page - 5 The City Clerk presented a letter from the Mayor of Inver Grove Heights proposing an amendment to the Bylaws of the Association of Metropolitan Municipalities. The amend- ment would allow one vote per community and one additional vote for each 150,000 people in the community, based on the most recent Metropolitan Council estimate or special census. The Council said it agreed with that amendment and directed the Clerk to send a letter asking for support to all communities in Dakota County. John Gretz reported the Dakota County Board of Commissioners authorized the preparation of plans and specifications for traffic signal improvements at County Road 42 and Pennock Lane and 147th Street and Cedar Avenue in Apple Valley. This will be a joint City- County project. The City Clerk said he received a copy of "Final Evaluation and Recommendation on Sites for Community Service Center" from the County. Several sites are discussed in the report; and three in Eagan are labeled highly desirable and two in Apple Valley are labeled desirable. It was noted that main difference in the classifications is the lack of east- west roads in Apple Valley. The Council will review the report and discuss it at the next meeting. Councilman Garrison asked whether Dakota Electric has made a decision on the site for its new facility? The City Clerk said it has not yet made a decision. Councilman Branning asked the City Clerk to discuss tax equalization on property pur- chased in 1972 with the County Assessor's Office to see if something can be done to equalize the valuation for that year. MOTION: of Branning, seconded by Garrison, to pay the claims and bills, checks numbered 1021 through 1034 and 1312 through 1435, in the total amount of $130,955.57. Ayes - 3 - Nays - 0. CLAIMS & BILLS MOTION: of Branning, seconded by Garrison, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:14 o'clock p.m.