Loading...
HomeMy WebLinkAbout06/16/1976CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 16th, 1976, at 7:00 o'clock p.m. PRESENT: Mayor Largen; Councilmen Branning, Garrison, and Hayes; Clerk Asleson. ABSENT: Councilman Holton. Mayor Largen called the meeting to order at 7:00 p.m. The Council members and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. MOTION: of Garrison, seconded by Largen, approving the minutes of the meeting of May 26th, 1976, as written. Ayes - 2 - Nays - 0 (Branning and Hayes Abstained). MAY 26, 1976 MINUTES JUNE 10, 1976 MINUTES CEDAR ELEMENTARY SCHOOL AGREEMENT MOTION: of Garrison, seconded by Hayes, approving the minutes of the special meeting of June 10th, 1976, as written. Ayes - 3 - Nays - 0 (Largen Abstained). MOTION: of Branning, seconded by Hayes, approving an Agreement with School District 196 related to the new Cedar Elementary School including the sharing in the cost of improvements to be agreed on in the future. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Branning, approving a contract with Pe- PETERSON, CLARK terson, Clark & Associates, Inc., for Municipal Building arch~ & ASSOC., INC. itectural work including a paragraph stating when a budget figure CONTRACT has been established, bids must be within 10 percent of that figure or plans will be redrawn at no charge and authorizing the Mayor and Clerk to sign the contract subject to review by the City Attorney. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1976- 88 approving a street lighting Agreement with Northern States Power Co. and authorizing the Mayor and Clerk to sign it subject to staff reviewing the feasibility of using sodium lights instead of mercury vapor lights. Ayes - 4 - Nays - 0. RES. 1976-88 N.S.P. LIGHTING AGREEMENT MOTION: of Garrison, seconded by Hayes, adopting Ordinance No. 176 amend- ORDINANCE 176 ing Ordinance No. 135 related to on-sale liquor sales closing ON-SALE LIQUOR times on New Year's Day and Memorial Day. Ayes - 4 - Nays - 0 AMENDMENTS MOTION: of Hayes, seconded by Garrison, adopting Ordinance No. Pro- viding for issuance of on-sale wine licenses to restaurants. Motion and second withdrew. Tabled for further review of wording in the proposed ordinance. Marlene Roamin, Chairperson of the Bicentennial Committee, was present and read a Bicentennial Commendation Document received from President Ford and a letter commending the Bicentennial Committee's work received from Lt. Gov. Perpich. She also said they would like to bury the time capsule on the 4th of July somewhere at City Hall. The Council said that could be done. CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Page - 2 Mr. Oscar Soderlund, General Manager of Dakota Electric Association, and members of the Board of Directors and Staff of Dakota Electric Association were present to discuss their decision to construct a new facility at Farmington instead of Apple Valley. They and the City Council members discussed at length the basis for their decision. Public Hearing - At 8:43 p.m. the Mayor called the public hearing to order on Timberwick 3rd Addition improvements, Project 76-7, and read the affidavit of publication. Robert Rosene showed the area (at 142nd Street, west of Garden View Drive) on the map and re- viewed the sanitary sewer, water, storm sewer and street improvements involved. The Mayor called for any questions or comments from the Council and audience. Councilman Branning asked about the difference in maps from the original one. Clerk Asleson said the original map incorrectly showed an additional triangle of land on the north side of the plat, but this map is correct. There being no further questions or comments, the hearing was declared closed at 8:47 p.m. Public Hearing - At 8:47 p.m., the Mayor called the public hearing to order on storm sewer improvements in Trans Union Area, Project 76-5, and read the affidavit of publica- tion. Robert Rosene showed the Trans Union area on the map and the location of the proposed trunk storm sewer lines. The ponding area in the northwest corner of the area is connected to storm sewer from the north. Storm sewer pipe will be installed from that pond and through the Diamond Path Addition to a ponding area to the south. Even- tually this pond will drain south of County Road 42 to other ponding areas. Clerk Asleson commented on calls received at City Hall about this project and the fact that developers can guarantee that improvements installed have been paid, but not that there will never be any additional assessments for additional improvements. The Mayor called for questions and comments from the Council and the audience. (See detail of questions and answers attached.) After everyone present had been given an opportunity to comment, the hearing was declared closed at 9:38 p.m. Public Hearing - At 9:38 p.m., the Mayor called the public hearing to order on Domestic Gardens improvements, Project 76-6, and Pennock Lane improvements, Project 76-8, and read the affidavit of publication. Robert Rosene showed the location of the proposed Domestic Gardens Addition (north of 140th Street) on the map and outlined the sanitary sewer, storm sewer, water and street improvements. He explained that part of this hearing relates to sanitary sewer extensions and street improvements for Pennock Lane from Valley Commercial Park 2nd Addition north to 140th Street. It would not be necessary to surface Pennock Lane as part of this project, but the sanitary sewer and grading are required in order to serve the Domestic Gardens area with sanitary sewer. In other words, one project is not feasible without the other. Clerk Asleson commented that the sanitary sewer lateral in Pennock would be assessed to the property on both the east and west sides of it which may not be ready to be developed yet. Jack Ardoyno, repre- senting Cottle-Herman's property west of Pennock, asked what portion of that property would be assessed? He was told only the unplatted portion would be assessed. Clerk Asleson said he had met with Vista Development's representatives, the owner of the pro- perty east of Pennock and also north of 140th Street, and they were trying to work out some financial guarantees for the assessments. The Mayor called for questions and comments from the Council and audience. There being no further questions, the hearing was declared closed at 9:54 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Page - 3 Public Hearing - At 9:58 p.m., the Mayor called the public hearing to order on Johnny Cake Ridge Road Improvements, Project 74-65, and read the affidavit of publication. Robert Rosene showed the location of the proposed improvements on Johnny Cake Ridge Road from the Eagan boundary, south for approximately one mile. The street will be 52 feet wide and in some places the alignment will be straightened out for better site distance. About one mile of the road in Eagan will also be improved. The improvements are necessi- tated by the Zoo opening since construction of the Zoo access road to the south has been delayed. The State Legislature passed a bill providing funding for the improvements, half of which will be paid by the State and the other half by the Cities of Eagan and Apple Valley from their State Aid Funds. The bill also provided that abutting property owners who donate the road right-of-way will not be assessed for the improvements. Construction will be handled by a joint powers agreement between the Cities of Apple Valley and Eagan. The Mayor called for any questions or comments from the Council and audience. (See detail of questions and answers attached). After everyone present had been given an opportunity to be heard, the hearing was declared closed at 10:15 p.m. MOTION: MOTION: of Hayes, seconded by Garrison, extending tonight's meeting ad- journment time by one hour, to 11:30 p.m. Ayes - 4 - Nays - 0. EXTEND MEETING of Garrison, seconded by Branning, approving a building permit A.V. BAPTIST for an addition to Apple Valley Baptist Church for classrooms and CHURCH ADDITION nursery area subject to John Gretz reviewing the original landscape PERMIT plan for the church to make sure it has been completed. Ayes - 4 Nays - 0. MOTION: of Branning, seconded by Garrison, approving a special permit for UTILITY CONST. utility construction by Williams Pipeline Co. of a pipeline to run PERMIT WILLIAMS parallel with an existing one from the south to County Road 42 and PIPELINE CO. east through Rosemount to Pine Bend. (Cost of the permit to be based on City's actual costs, not to exceed one percent of the value). Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Hayes, granting a sideyard setback variance SIDE VARIANCE to 7 1/2 feet for a basement entrance at 864 Mclntosh Drive. Ayes - 864 MCINTOSH 4 - Nays - 0. MOTION: of Branning, seconded by Garrison, granting a sideyard setback variance to 5 feet for a garage addition at 928 Oriole Drive. Ayes - 4 - Nays - 0. SIDE VARIANCE 928 ORIOLE VARIANCE LOTS 4 & 5 BLOCK 6 V.C. COMML PK. 2 VARIANCE LOT 24 BLOCK 2, H.H. MOTION: MOTION: of Branning, seconded by Garrison, granting a variance allowing a 40-foot setback from Cedar Avenue for Lots 4 and 5 of Block 6 of Valley Commercial Park 2nd Addition the same as on the east side of Cedar Avenue as recommended by the Planning Commission. Ayes - 4 - Nays - 0. of Garrison, seconded by Branning, granting a sideyard setback variance of 2 feet for a house on Lot 24 of Block 2 of Heritage HillsAddition as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Branning, approving a revised Agreement AGREEMENT Pkg. for Palomino Lakeside Meadows 3rd and 4th Additions, contingent L.S. MEADOWS upon receipt of the letter specified in the Agreement, and author- 3 & 4 ADDITIONS izing the Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays -0, CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Page - 4 Consideration of a revised road sharing cost formula was tabled. MOTION: of Branning, seconded by Garrison, approving an Agreement for Cha- AGREEMENT FOR teau Estates, including paragraph stating Developers acknowledge CHATEAU ESTATES City is contemplating revising its road cost sharing policy and will agree to that policy when and if adopted; and attaching as exhibit to Agreement the form Developers are using in the sale of these lots stating Developers will pay the assessments, and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Hayes, adopting Resolution No. 1976-89 ordering Project 76-1, Whitney Drive and utility extensions to the Cedar Elementary School, excluding construction of 153rd Street at this time and leaving open the existing intersection of Whitney Drive and Cedar Avenue. Ayes - 4 - Nays - 0. RES. 1976-89 ORDER PROJECT 76-1 RES. 1976-90 ORDER PROJECT 72-30A MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-90 ordering Project 72-30A, utility and street improvements for Palomino Lakeside Meadows 3rd and 4th Additions. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Garrison, adopting Resolution No. 1976-91 RES. 1976-91 approving plans and specifications for Meadows 3rd and 4th add- APPROVE p & S itions utilities, Project 72-30A, and LaPaz 2nd Addition utilities PROJECTS 72-30A (133rd Street Court only), Project 72-23B, as a combined Project & 72-23B Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-92 authorizing advertisement for bids on Projects 72-30A and 72-23B to be received at 2:00 p.m., Tuesday, July 13th, 1976. Ayes - 4 Nays - 0. RES. 1976-92 BID ADV. PROJ. 72-30A & 72-23B MOTION: of Garrison, seconded by Hayes, adopting Resolution No. 1976-93 RES. 1976-93 directing preparation of plans and specifications for utility and P & S, PROJECT street improvements in Chateau Estates, Project 76-4. Ayes - 4 76-4 Nays - 0. MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1976-94 RES. 1976-94 ordering Project 76-7, Timberwick 3rd Addition improvements. ORDER PROJ. 76-7 Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-95 directing preparation of plans and specifications for Project 76-7, Timberwick 3rd Addition improvements. Ayes - 4 - Nays - 0. RES. 1976-94 PLANS & SPECS PROJECT 76-7 RES. 1976-96 ORDER PROJ. 76-5 RES. 1976-97 PLANS & SPECS PROJECT 76-5 RES. 1976-98 ORDER PROJECT 74-65 MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1976- 96 ordering Project 76-5, storm sewer improvements in the Trans Union area. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-97 directing preparation of plans and specifications for Project 76-5, storm sewer improvements in Trans Union ares. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1976- ordering Project 74-65, Johnny Cake Ridge Road Improvements . Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Page - 5 Robert Rosene reported on Alimagnet Lake and said he recently met with representatives of the Department of Natural Resources on the study being done. They said reaeration should be considered to upgrade the Lake's water quality and this would promote a better fish stocking program. Funds are available to pay 50 percent of the cost of reaeration. It was suggested Mike Bassett check on any LAWCON or development grant funds that might be available toward the other 50 percent of this project. Mr. Rosene will be meeting with Burnsville's Engineer next week and then with the Alimagnet Homeowners Association. He said the State has determined the normal high water mark to be 954.9 feet and they are asking for 954-foot runout point so he expects it to be granted. MOTION: of Garrison, seconded by Hayes, approving retaining Minnesota En- RETAIN MINN. vironmental Sciences Foundation, Inc., for services in Alimagnet ENVIRONMENTAL Park consisting of a natural resources site evaluation, concept SCIENCES FOUND. plan and environmental management master plan, as outlined, not to exceed $4,300. Ayes - 4 - Nays - 0. MOTION: MOTION: of Hayes, seconded by Garrison, approving a contract with the State PARK GRANT of Minnesota for a $30,000 park development grant and authorizing FUNDS CONTRACT the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Garrison, seconded by Hayes, adopting Resolutio~ No. 1976-99 RES. 1976-99 reappointing Gene L. Glenn and Gary Humphrey to the PlanningCom- PLANNING COM. mission for terms expiring April 1st, 1979. Ayes - 4 - Nays - 0. APPOINTMENTS MOTION: of Garrison, seconded by Hayes, appointing Robert Naegeli to fill PARK COMMITTEE a vacancy on the Park Committee. Ayes - 4 - Nays - 0. APPOINTMENT MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-100 splitting Assessment No. 105 in the Palomino Hills 6th Addition Replat. Ayes - 4 - Nays - 0. RES. 1976-100 ASSMT. SPLIT RES. 1976-101 LOST CHECKS MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1976- 101 establishing a procedure for handling lost checks. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, approving a service contract with AIR COM Air Comm for maintenance of radio equipment, as listed at RADIO MAINTENANCE $283.50 per month. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Garrison, accepting the low quote of Browning-Ferris Industries, $81.75 per month, for refuse removal at City facilities. Ayes - 4 - Nays - 0. BROWNING-FERRIS REFUSE REMOVAL MOTION: of Branning, seconded by Hayes, approving a transient merchant APPROVE license for George Mahowald to sell sweet corn, a trancient mer- VARIOUS chant license for Apple Valley Jaycees to sell fund raising items LICENSES a temporary on-sale 3.2 beer license for Apple Valley Jaycees July 10 & 11 for Westview tournament and'a temporary on-sale 3.2 beer license for Kvam Masonry July 24 & 25 for Westview tournament. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Branning, authorizing the Park Director NATL PARK to attend the National Park Directors Convention October 17 to 21, DIR CONVENTION 1976, in Boston. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Page - 6 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Branning, seconded by Hayes, approving hiring Jack Matasosky for temporary summer maintenance replacing Kenneth Leach. Ayes - 4 - Nays - 0. of Hayes, seconded by Branning, approving hiring Jim Jetzke as Sports Facility Manager effective August Ist, 1976, at a salary of $14,500. Ayes - 4 - Nays - 0. of Branning, seconded by Hayes, approving hiring Richard Ling as Street Department Supervisor effective July 1st, 1976, at a salary of $15,000. Ayes - 4 - Nays - 0. of Branning, seconded by Hayes, approving hiring Lester Drank- walter at $1.40 hourly, Carole Huntington at $2.30 hourly, Verda Novotny at $1.30 hourly and Kirk Garry at $2.40 hourly and pro- moting John Morgan to Liquor Sales Person at $3,95 hourly all at the Liquor Store. Ayes - 4 - Nays - 0. of Branning, seconded by Hayes, approving the claims and bills, checks numbered 1050 through 1072 and 1534 through 1675, in the total amount of $431,680.28, including $45.00 for Merlyn J. Olson for May mileage. Ayes - 4 - Nays - 0. of Hayes, seconded by Garrison, adopting Ordinance No. 162 re- pealing the previous zoning ordinances and establishing a con- temporary zoning ordinance and zoning map for the City with a correction on page 94 eliminating the written notice clause for variances and an addition to Business zoning classifications allowing on-sale 3.2 beer and wine as permitted uses, subject to review by the City Attorney. Ayes - 4 - Nays - 0. of Hayes, seconded by Garrison, to adjourn. Ayes - 4 - Nays - 0. HIRE MATASOSKY JETZKE SPORTS FACILITY MGR. LING STREET DEPT. SUPERVISOR HIRE PARTTIME LIQUOR STORE EMPLOYEES CLAIMS & BILLS ORDINANCE NO. 162 - ZONING The meeting was adjourned at 11:49 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Page - 7 Detail of Public Hearing on Project 76-5, Trans Union Area Storm Sewer Improvements. 0rv Korstad said he had called City Hall before he bought his home and asked if any- thing was planned for this area and was told no. He called and talked to Mr. Asleson about this before the meeting and it was explained that though the City's Master Storm Sewer Plan shows the pipe, it is not considered a pending improvement because it is not known when it will be installed. He said he still believes this should have been explained to him when he originally called. Larry Severson, an attorney who lives in the area and also represents some of the homeowners, said he also asked about future assessments. He feels these are development costs and should be paid by Trans Union or have been put in the contract with the developer making him liable for the costs. The Clerk said the cost is not included in the contract since it is not known when these improvements will have to be installed and the homeowners will be paying thm costs anyway because the developer will add this into the price of the homes he sells. He said it is estimated the assessment will be $210.00 per lot in the Diamond Path Additions, but these lots may also be subject to future assessments if and when there are costs for downstream drainage construc- tion projects. Mr. Wensmann asked if this was necessitated by the Farquar Lake project. He was told, yes partially, but that was always designed to drain to these ponds. Norbert Rother said the northern pond level is lower than the outlet now and what will be done with the land around the pathway? Mr. Rosene said when the storm sewer pipe is installed, it will be the outlet and it will be underground. The land around the pathway will be graded and seeded. Mr. Rother also asked if the storm sewer is being installed to meet FHA requirements? Not necessarily, although FHA requires the property to have adequate drainage and that is what this project will do. It was not anticipated this area would grow as fast as it has because no development occurred for almost two years and now there are quite a few homes built. This additional development necessitates the storm sewer improvements. The City Clerk explained the assessment procedure and said an additional hearing will be held before assessments are levied. Bob Newell said if the reason for the improve- ments is because the pathway floods, he rides his bike to Diamond Path School almost every day and very seldom sees it flooded. He was told this is only one small part of the entire drainage problem in the area. Mike Bassett also said they will be constructing entrances to the pathway from 147th Path. Another resident said he still believes it should have been installed before the homes were built. Mr. Severson said the park area around the pathway isn't necessary and flooding there will not hurt anything. The Mayor said the Council tries to have everything neces- sary installed in an area at the time of construction, but it is not feasible to make improvements prematurely. Tom Maroney asked if the cost of the project was for storm sewer pipe only? No, it also includes grading and seeding. He also asked about City's escrow funds for park improvements. The Clerk said the City has the money now, but it is for park improvements and not storm sewer. Norbert Rother asked how parks are developed. It was also asked what the alternative would be to not installing the project now? Mr. Rosene said eventually the project would have to be installed and the only difference is it will cost more in the future. Mr. Severson said he still believes these should be the developer's costs. A letter from Mr. Severson was also noted as received by the City Council. CITY OF APPLE VALLEY Dakota County, Minnesota June 16, 1976 Page - 8 Detail of Public Hearing on Project 74-65, Johnny Cake Ridge Road Improvements. The question was asked, what if easements for the road are not given? Mr. Rosene said the City does have the power of condemnation. Chuck Doyle said he is con- cerned about his landing strip. If he can have an agreement stating his landing strip will not be shut down, he will agree to give the road easement. Mr. Rosene said the road will not interfere with the landing strip, but he could not tell him the landing strip will never be shut down. He said 100 feet of right-of-way will be required for the road. Mr. Falenczykowski asked who determines the value of the property given for the right-of-way? Mr. Rosene said there would be no value determination made if the right-of-way is given. John Voss asked if a proposed pathway from the proposed access road to the south could be constructed now along the west side of Johnny Cake Ridge Road? Mr. Rosene said there is room alongside the road for a pathway, but it is not proposed to be constructed with this project. Mr. Hoklas commented on problems with dust and dirt from the traffic on the road. There will also be a very steep slope in front of his house. Mr. Rosene said he will be meeting with Mr. Hoklas again to try and come up with a solution. Barbara Linkert asked what the slope in front of her house will be? Mr. Rosene said he will also be meeting with them and show her the elevations.