Loading...
HomeMy WebLinkAbout07/28/1976CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1976 Minutes of the meeting of the City Gouncil of Apple Valley, Dakota County, Minnesota, held July 28, 1976, at 7:00 o'clock p.m. PRESENT: Councilmen Branning, Garrison, Hayes and Holton; Clerk Asleson. ABSENT: Mayor Largen. Acting Mayor Holton 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. MOTION: of Branning, seconded by Garrison, approving the minutes of the JULY 14, 1976 meeting of July 14th, 1976, as written. Ayes 3 - Nays - 0 MINUTES (Holton Abstained). MOTION: of Garrison, seconded by Branning, authorizing closing the north CLOSE PART OF portion of Eveleth Way, off Ellice Trail, to facilitate use of EVELETH TRAIL the area for model homes by Thompson Construction, subject to FOR MODEL HOMES the terms of the Planned Development Agreement for Greenleaf Phase III; the townhouses on Eveleth Way will use the south entrance to Ellice Trail. Ayes - 3 - Nays - 1 (Branning). MOTION: of Branning, NO SECOND, requesting the Planning Commission to report to the Council on vacant lots left in developed areas and what the intent should be towards those lots. (Motion failed!for.lack of second). Councilman Branning asked the Planning Commission to review the vacant lot at ~he corner of 139th Street and Cedar Avenue and consider whether or not it should remain vacant. MOTION: of Branning, seconded by Hayes, granting a variance on Lot 1, Block 6 of Palomino Hills 4th Addition to a sideyard setback of 21 feet from the Butte Avenue road right-of-way for a house, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. VARIANCE, LOT 1 BLOCK 6, PAL. HILLS 4TH ADDN~ VARIANCES FOR DAKOTA ELECTRIC SUBSTATION MOTION: of Garrison, seconded by Branning, granting setback and height variances for structure and fences for expansion of the elect- rical substation south of County Road 42 at Galaxie Avenue by Dakota Electric Association, as recommended by the Planning Commission, including a $1,630.00 letter of credit to guarantee landscaping and plantings for one year. Ayes - 3 - Nays - 0. (Branning Abstained). Councilman Garrison asked representatives of Dakota Electric Association, who were present, whether the aboveground electrical lines along 140th Street, Garden View Drive and Hayes Road could be placed underground. He was told the electrical lines in most areas are installed aboveground until the needs for service in various areas have been established, then the lines are placed underground when the necessary size of the circuits have been determined. They said they were not aware of proposed development in the area and Councilman Garrison suggested Dakota Electric should meet with the City to discuss this. MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1976- RES. 1976-117 117 approving a change in Ordinance No. 162, which has not yet CHANGE IN been published, allowing the minimum lot width in an R-lC zone ORDINANCE 162 to be 80 feet for interior lots and 90 feet for corner lots. R-lC ZONE Ayes - 3 - Nays - 1 (Hayes).. Motion failed because a zoning change requires a 4/5 vote of the Council. Councilman Hayes withdrew his No vote and voted Aye under protest. MOTION PASSED. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1976 Page - 2 The Council discussed the Planning Commission's recommendation to schedule a public hearing to consider rezoning Valley Commercial Park First Addition, Natwick Addition and Dyer Addition from B-3 to B-4. The reason this is being considered is the new zon- ing Ordinance No. 162 uses under B-4 are closest to uses presently existing in the area. Mr. McMenomy, City Attorney, said the Council should consider the possibility of land- owners filing a lawsuit if the zoning were changed from B-3 to B-4 and the possibility of the court awarding damages to the landowners for restricting use of the land. The Council also discussed adding a section to Ordinance No. 162 incorporating the existing business area as a separate zoning catagory. This would be a lengthy process and it would be simpler to change the zoning to B-4 Mr. Voss said. The Clerk asked what the northern boundary of the area under consideration should be, 147th Street or the north boundary of Valley Commercial Park First Addition. The Council said it should be Valley Commercial Park First Addition. The Planning Commission can hold. a public hearing on this without any action by the Council and it would probably be scheduled for the first Planning Commission meeting in September. MOTION: of Garrison, seconded by Hayes, authorizing the City Administrator to AUTHORIZE request, in writing, John E. Bergstedt to commence preparation of LIQUOR FIXTURE plans and specifications for liquor store fixtures and equipment PLANS & SPECS. pursuant to the June 30, 1976, Agreement. Ayes - 3 - Nays - 1 (Branning). MOTION: of Garrison, seconded by Branning, adopting Resolution No. 1976-118 RES. 1976-118 stating that though the Council does not agree with the need to de- RULES & REG. fine matters of Metropolitan significance, it urges the changes METRO SIGNIFI- recommended by the Association of Metropolitan Municipalities be CANCE MATTERS incorporated into the final approved Rules and Regulations for Re- view of Matters of Metropolitan Significance. Ayes - 4 - Nays - 0. MOTION: MOTION: of Holton, NO SECOND, adopting Resolution No. __ specifying guest privileges at the municipal golf course and allowing City officials to pay all normal fees for guests and submit an expense reimbursement claim to the City Council for approval. (Motion failed for lack of second.) of Garrison, seconded by Hayes, adopting Resolution No. 1976-1i9 RES. 1976-119 specifying guest privileges at the municipal golf course and allow- USE OF GOLF ing City officials to have guests use the golf course without pay- COURSE ment of greens fees by completing a form which the Council will review monthly, providing such use of the golf course does not inter- fere with revenue golfers using the course. Ayes - 3 - Nays - 1 (Holton). MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-120 RES. 1976-120 establishing a change fund of $100.00 at the golf course and de- GOLF COURSE signating Michael Bassett as custodian of the change fund. Ayes - CHANGE FUND 4 - Nays - O. John Gretz gave a status report on planning for the Municipal Building expansion. A press conference is scheduled for August 3rd with the architects on the building program. On August 4th, the architects will make a formal presentation to the City Council. On August llth, the City Council will be asked for approval of the preliminary plans and budget for the expansion in order to place the question on the September 14th ballot. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1976 Page - 3 MOTION: of Branning, seconded by Garrison, approving the Joint Powers Agree- APPROVE JOINT ment with the City of Eagan for the construction of Johnny Cake POWERS AGREEMENT Ridge Road including a paragraph that Apple Valley shall not charge WITH EAGAN FOR Eagan for administrative costs of supervision and authorizing the JOHNNY CAKE ROAD Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays - 0. Robert Rosene, City Engineer, gave a brief report on Alimagnet Lake storm sewer matters. · A meeting was held July 19th with homeowners around the Lake and they reviewed the pre- liminary figures for the costs of three alternative lake control elevations. In order to limit the lake level to 957.5 (the recommended level) at saturation development, the Lake control elevation would have to be 95440. He said there will be further meetings with Burnsville on this. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1976-121 RES. 1976-121 awarding the dontract for three 130-decibel civil defense sirens to AWARD SIREN the low bidder, Electric Service Co. of Minneapolis, Inc., ·in the CONTRACT amount of $34,800100. Ayes - 4 q Nays - 0. Richard Asleson commented that Apple Valley will receive $18,400 from the Federal Government as a grant toward the purchase of the sirens. The City is also applying for up to $9,200 from the State of Minnesota for the sirens. He also said the Council should be aware that with sirens of 130 decibels (as approved in the Civil Defense Warning Plan), the sirens may be irritating to some people. The sirens will only be turned on for the required once monthly test and emergency warning situations. MOTION: MOTION: of Garrison, seconded by Hayes, adopting Resolution No. 1976-122 awarding the contract for Projects 72-23A, LaPaz Second Addition and Palomino Lakeside Meadows 3rd and 4th Additions Utilities, to the low bidder~ Fischer Construction Company, in the amount of $68,462.60. Ayes - 4 - Nays - 0. of Branning, secodded by Garrison, approving the extension agree- ments with Dakota County for the CETA program until September 30th 1976, and authorizing the Mayor and Clerk to sign them. Ayes - 4 - Nays - 0. RES. 1976-122 AWARD CONTRACT PROJ. 72-23A APPROVE CETA CONTRACT EXTENSION ACCEPT H.H. 2ND UTILITIES ACCEPT CO.RD. 42 PATHWAY RES. 1976-123 SET HEARING PROJ. 76-13 PEMTOM IMERV. CHINA DOLL 3.2 BEER LICENSE MOTION: MOTION: MOTION: MOTION: of Garrison, seconded by Hayes, accepting Heritage Hills Second Addition utilities as final from Fredrickson Excavating Company. Ayes - 4 - Nays - 0. of Hayes, seconded by Branning, accepting the County Road 42 path- way as final from B-TU-MIX Company. Ayes - 4 - Nays - 0. of Branning, seconded by Hayes, adopting Resolution No. 1976-123 receiving the Engineer's preliminary report on Project 76-13, Pem- tom proposed planned development utilities and streets, and setting a public hearing for the improvements on August g5, 1976, at 8:00 p.m. Ayes - 4 - Nays - 0. of Garrison, seconded by Branding, approving an on-sale 3.2 beer license for Chizuko Nomato, d/b/a/ China Doll Restaurant, at 7705 West 147th Street. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1976 Page - 4 MOTION: of Branning, seconded by Hayes, approving a transient merchant license TRANS. MERC. for Vernon Halverson for popcorn wagon sales at Crazy Days on July 30 LIC. - HALVORSON and 31, 1976, Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, approving'a license to sell cigarettes at the Apple Valley A & W Drive-In Restaurant and Jimmy's Lemon Tree Restaurant. Ayes - 4 - Nays - 0. CIGARETTE LICENSES MOTION: MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-124 au-RES. 1976-124 thorizing issuance of a duplicate bond to replace the bond lost by REPLACE LOST Mrs. Kathleen Cheslack, who furnished a surety bond to the City BOND and proof of her ownership. Ayes - 4 - Nays - 0. of Branning, seconded by Garrison, adopting Resolution No. 1976-125 RES. 1976-1~5 authorizing Gene Corrigan, the Police Chief, to act as an agent for AUTHORIZE the City for reimbursement of police training funds from the State POLICE CHIEF of Minnesota. Ayes - 4 - Nays - 0. AS CITY AGENT MOTION: of Garrison, seconded by Hayes, adopting Resolution No. 1976-126 reaffirming the Council's authorization of June 30, 1976, authori- zing the Mayor and Clerk to sign Agreement No. 58252 with the State of Minnesota for Johnny Cake Ridge Road street improvements. Ayes - 4 - Nays - 0. RES. 1976-126 STATE AGRMT. JOHNNY CAKE RD. IMPROVEMENTS The Clerk said the statement for attorney's fees reimbursement to Burnsville on the 1-35E lawsuit is included in the claims and bills for approval. The Council previously authorized the expenditure of up to $500.00 to participate in the lawsuit with Burnsville, Eagan, Dakota County and the Northern Dakota County Development Association. Apple Valley's share of the fees is $1,104.61 and Councilman Garrison said he wanted more information on how much the other parties paid. The Clerk said Dakota County did not participate monetarily, but provided legal services of the County Attorney's Office. He will get more information on this. Councilman Hayes attended the public hearing on 1-35E held .July 22nd, 1976, in Burnsville and said most of the people supported the Alternate A1 alignment through Eagan. Councilman Hayes also asked when the City's ordinances would be codified. The Clerk said he hopes to have it done this fall now that the new zoning ordinance has been approved. Councilman Garrison said the Land Use Advisory Committee of the Metropolitan Council is recommending the $1,100.00 planning funds be used by the communities to answer systems statements. A check would accompany a statement to each municipality and when the state- ment is complete and approved by the Metropolitan Council, the money would become a grant to the municipality. Until that time, the money would be a loan and would have to be repaid if the municipality does not complete the statement. He also said the Metropolitan Council's legal staff is preparing a bill for the next session of the legislature asking for more funding. Richard Asleson said he has been elected to the Executive Committee of the LOGIS organi- zation. There are five members on the Committee. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1976 page - 5 Councilman Holton asked whether yield signs should be installed at all intersections and driveways along 147th Street. John Gretz said he will review the situations. MOTION: of Garrison, seeodded by Hayes, approving the claims and bills, CLAIMS & BILLS checks numbered 1091 through 1097, 2004 through 2006, 2008 through 2014 and 2016 through 2108, in the total amount of $481,296.13 (excluding the check of $1,104.61 to the City of Burnsville). Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:23 o'clock p.m.