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HomeMy WebLinkAbout10/13/1976CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1976 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held October 13th, 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 Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. Councilman Branning gave the invocation. MOTION: MOTION: of Garrison, seconded by Branning, approving the minutes of the meet- SEPT. 22, 1976 ing of September 22nd, 1976, as corrected. Ayes - 4 - Nays - 0. MINUTES of Branning, seconded by Hayes, approving the minutes of the meeting SEPT. 29, 1976 of September 29th, 1976, as written. Ayes - 4 - Nays - 0. MINUTES A resolution from the City of Mendota Heights concerning 1-35E was received by the Council. The Council agreed with the intent of the resolution and that 1-35E should be constructed as soon as possible along with completion of 494, but decided not to draft another resolu- tion since they have done so at other times. The State Health Department's Report on Apple Valley's municipal water system was received. The City received a rating of 97 out of a possible 100. John Gretz, Public Works Director, said in 1975 the rating was 95 and is based not only on the City's facilities, but also on the operators' knowledge, training, etc. The Clerk reviewed the proposed Development Agreement for Apple Valley 13th Addition (one row of lots south of Whitney Drive between Garden View and Redwood Drives). Councilman Branning asked how the gravel operation south of this Addition would affect the homes. Robert Carlson, representing Thompson, said the gravel operation is scheduled to move oat of the area before October of 1977 so people would only be living next to it for a short time. Mr. Carlson also stated that Outlot A, shown on the preliminary plat, is com- bined with the adjacent lot on the final plat. Mr. Branning asked the staff to look into the matter further and suggested the City ask Mr. Skelton for a letter stating when the gravel operation would be closed. MOTION: of Branning, seconded by Hayes, approving the Development Agreement DEV. AGREEMENT for Apple Valley 13th Addition and authorizing the Mayor and Clerk A.V. 13TH ADDN. to sign it. Ayes - 4 - Nays - O. The Clerk reviewed the proposed Development Agreement for Palomino Lakeside Meadows 5th and 6th Additions. This is the final replatting'of the Meadows area and includes two double bungalow lots and the rest are single family lots. MOTION: of Garrison, seconded by Branning, approving the Development Agree- DEV. AGREEMENT ment for Palomino Lakeside Meadows 5th and 6th Additions, subject PAL. L.S. to staff inserting the correct bond amount and correcting the road MEADOWS 5TH & payment amount to $1,010.15 payable with each building permit, and 6TH ADDITIONS authorizing the Mayor and Clerk to sign it. Ayes - 4 - Nays - 0. John Voss reviewed Minnehaha Falls Nursery's request for a building permit. The nursery is a conditional use in a B-1 zoning district and it has applied for a conditional use CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1976 Page - 2 permit. The public hearing is scheduled for November 3rd, 1976, but a temporary variance for a building permit is needed because it wants to begin construction of the expansion before the ground freezes. MOTION: of Branning, seconded by Hayes, granting a temporary variance for a MINNEHAHA FALLS building permit for Minnehaha Falls Nursery for an expansion until NURSERY BLDG. a conditional use permit is obtained, as recommended by the Plan- PERMIT ning Commission. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, granting a variance of 1.8 feet closer to the street for a frontyard setback at 109 Hidden Meadow Road because of an error in the survey, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. VARIANCE AT 109 HIDDEN MEADOW ROAD CHANGE ORDER 1 PROJECT 75-87(2) MOTION: of Hayes, seconded by Branning, approving Change Order No. 1 to Project 75-87(2) with Fischer Construction of an additional $1,500.80 for additional work on Heritage Hills 2nd Addition Street improvements. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Garrison, approving Change Order No. 1 to Pro-CHANGE ORDER ject 72-23A with Fischer Construction of an additional $3,573.00 PROJECT 72-23A for lowering services in the Meadows area, necessiatated by changes in the layout of the plats. Ayes - 4 - Nays - O. Mr. Patterson, of Suburban Engineering, showed several plans for driveway accesses to Lot 3 of Block 1 in Academy Village. He reviewed the problems with trying to give access to Lot 3 through Lot 6 or directly to 142nd Street at Hayes Road because of the steep topography and the trees which would need to be removed. Mr. Bob Bro, representing the homeowners in Timberwick Addition, said they had met with Mr. Sauers today and discussed the problems. The Council suggested perhaps Lot 3 could have a driveway over the north- east corner of Lot 2 with landscape screening along the old Hayes Road alignment. Mr. Sauers said this could be accomplished with an easement over Lot 2. MOTION: of Garrison, seconded by Hayes, approving the concept, as shown, LOT 3, BLOCK 1, for Lot 3 of Block 1 in Academy Village with access to 142nd ACADEMY VILLAGE Street near the Garden View Drive end, subject to further review DRIVEWAY ACCESS when application for a building permit is made as provided for in the Planned Development Agreement, noting the Council's general pre- ference is for a driveway access over Lot 2 with landscaping. Mr. Sauers said he would like to also apply for a grading permit for the driveway so the areas to be landscaped can be covered with black dirt now while construction equipment is working in the area. John Voss said this request is out of sequence because staff has not yet had an opportunity to review landscaping plans. The Council agreed, but said the appearance of the area would be improved if some of the grading were done now. MOTION: of Garrison, seconded by Hayes, amending the above motion by adding, "the driveway concept shall be concurrent with the preliminary site plan dated October 1I, 1976." Vote on motion and amendment - Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Garrison, granting a grading permit for ACADEMY VILLAGE Academy Village, subject to the grading plan on file, to be re- GRADING PERMIT viewed by staff, and a letter from George Sauers stating landscaping will be done on Lot 3 of Block 1. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1976 Page - 3 Mr. Bro asked to be notified when building permit requests in Academy Village come before the various committees. Since Mike Bassett also lives in the Timberwick Addition, he will notify Mr. Bro of this. MOTION: of Hayes, seconded by Garrison, adopting Resolution No. 1976-171 ap- RES. 1976-171 proving plans and specifications for utility improvements in Green- PROJECT 76-15 leaf Phase IV, Project 76-15, and authorizing advertisement for bids P & S & BIDS to be received November 15th, 1976, at 2:00 p.m. Ayes - 4 - Nays - 0. Councilman Garrison excused himself from the Council table at this time. Public Hearing - Acting Mayor Holton called the public hearing on Project 76-14, Cobblestone Lakeview Addition street and utility improvements, to order at 8:22 p.m. It was noted the affidavit of publication had not yet been received from the Dakota County Tribune. Robert Rosene, City Engineer, reviewed the sanitary sewer, water and storm sewer improvements necessary to serve this addition. He noted there is a ponding area in Block 2 and another north of the plat. The utility improvements could be di- vided in two phases and the lots on 140th Street and 138th Street served with utilities directly from those streets. Storm sewer improvements are required in the entire plat and an outlet for the pond in Block 2 would be necessary with the first phase if the utilities are installed in two phases. Acting Mayor Holton called for questions or com- ments from the Councilmembers and the audience; there being none, the hearing was de- clared closed at 8:26 p.m. Consideration of ordering Project 76-14 was tabled because four votes are required to order improvement projects. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-172 au- RES. 1976-172 thorizing the Engineer to prepare plans and specifications for PLANS & SPECS utility improvements for 11 lots in Block 2 of Cobblestone Lakeview PROJECT 76-14 Addition, Phase I, Project 76-14. Ayes - 3 - Nays - 0. The Clerk reviewed the proposed Development Agreement for Cobblestone Lakeview Addition which will be all single family homes. This review is for preliminary approval of the Agreement and if approved, authorization to file the final plat with Dakota County before October 15th, the deadline for tax information purposes. Before the Agreement is finally approved and signed, developers will give the City the easement for the park parking area and the deed for the parkland in Burnsville. The Agreement will also include sidewalks in the long cul de sac. MOTION: of Hayes, seconded by Branning, approving the Development Agreement COBBLESTONE for Cobblestone Lakeview Addition in concept, subject to road policy LAKEVIEW ADDN. information and corrections being inserted, and approving the final AGREEMENT plat for recording with Dakota County except no building permits will be issued until the Agreement is finalized. Ayes - 3 - Nays - 0. Councilman Garrison returned to the Council table at this time. Jack Ardoyno, of Jaxon Corporation, was present to request deletion of sidewalks along the north, west and south sides of Block 2 in Carrollwood Village 2nd Addition. When he pruehased the property, he overlooked the requirement for sidewalks in the Development Agreement with the previous owners and now has sold some lots and built houses. He would install all the other sidewalks as required in the Agreement. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1976 Page - 4 MOTION: of Garrison, seconded by Branning, approving deleting sidewalks on the north, west and south sides of Block 2 in Carrollwood Village 2nd Addition. CARROLLWOOD 2ND SIDEWALKS Councilman Hayes mentioned the need of sidewalks in areas where children live. John Voss suggested installing sidewalks along only the one side of Guthrie Lane and consider the portion requested to be deleted when a sidewalk and pathway ordinance has been adopted. The Clerk said a decision should be made now because by that time more homes would have been built and more people living there. He also said the Development Agreement allows until December 31, 1977, to install sidewalks. MOTION: of Branning, NO SECOND, amending the above motion by also deleting sidewalks around the "eyebrows" at the north and south corners of Guthrie Lane. NO AMENDMENT. Vote was taken on the original motion. Ayes - 3 - Nays - 0 (Hayes Abstained). MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-173 awarding the contract for Project 76-74, street improvements in Chateau Estates, LaPaz 2nd, Timberwick ~'and Lakeside Meadows, to McNamara-Vivant Contracting, the low bidder, in the amount of $97,255.00. Ayes - 4 - Nays - 0. RES. 1976-173 AWARD PROJECT 76-7A Receipt of a petition for improvements in Diamond Path 3rd Addition was tabled. The Clerk reviewed the history of the Whitney Drive vacation considerations and said he received a letter from the City Attorney stating a petition for vacation of the eastern portion of Whitney Drive has been received as per the 1971 Agreement. The Attorney said the problem in not vacating that part of Whitney Drive now is the adjacent property owners may not agree to it if the vacation is delayed. The City would not have complied with the terms of the 1971 Agreement by delaying the street vacation. The Council agreed that easements for rerouting Whitney Drive south should be obtained now'and staff should work with the property owners for a time extension on the vacation. Staff was requested to make a recommendation on when Whitney Drive should be vacated by November 1, 1977. The Clerk reviewed the C.E.T.A. program with Dakota County and its financial impact on the City. The City does not yet know what funding will be available for additional employees, but those positions already funded by C.E.T.A. will be continued. MOTION: of Garrison, seconded by Hayes, approving the Agreement with Dakota DAKOTA CO. County for extension of the C.E.T.A. Program and authorizing the C.E.T.A. AGRMT. Mayor and Clerk to sign it. Ayes - 4 - Nays - 0. The Council received and reviewed the Park Committee's proposed By-laws and had no changes to suggest. The Clerk said he would have the By-laws written in resolution form for official Council adoption at another meeting. MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-174 RES. 1976-174 approving assessment divisions for Heritage Hills 2nd Addition, ASSMT. DIVISIONS LaPaz 2nd Addition and North Star Concrete property. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1976 Page - 5 MOTION: of Hayes, seconded by Branning, adopting Resolution No. 1976-175 awarding purchases of street materials to the individual item low bidders and equipment rental to Alexander Construction, in total, for the period October 1, 1976, through September 30, 1977, as listed on ithe bid tabulation. Ayes - 4 - Nays - 0. RES. 1976-175 STREET MATERIAL & EQUIPMENT RENTAL STREET LIGHTS MOTION: of Hayes, seconded by Branning, authorizing installation of street lights at 147th Path and County Road 33S and 137th Street and Garden View Drive. Ayes - 4 - Nays - 0. John Gretz was asked to present the entire list of street lights proposed in the 1977 budget for consideration at the next Council meeting. MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1976-176 ap- RES. 1976-176 proving the specifications for a tractor with a backhoe and frontend SPECIFICATIONS loader and authorizing advertisement for bids to be received Novem- FOR TRACTOR ber 9th, 1976, at 2:00 p.m. Ayes - 4 - Nays - 0. The Clerk commented on a bill from Burnsville for 35E legal fees related to the early 1976 lawsuit requiring completion by the Minnesota Highway Department of the 35E ElS Report. This bill was discussed at the last Council meeting in July and the Clerk has just now received a response to the question on the amount of the bill. He said there was a misunderstanding and Northern Dakota County Development Association was never intended to participate financially in the lawsuit. The lawsuit was successful and even though only $500 was authorized by the Council, he recommends paying it because the work was successful. MOTION: of Branning, seconded by Hayes, approving paying the City of Burns- 35E EIS ville $1,104.61 for Apple Valley's share of the legal fees in the LEGAL FEES 35E ElS Report lawsuit. Ayes - 3 - Nays - 1 (Garrison). MOTION: of Garrison, seconded by Branning, approving two additional taxi- TAXI LICENSES cab licenses for 1976 for Apple Valley Cab Company. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Garrison, approving a transient merchant lic-TRANSIENT ense for Bruce Kendall to solicit for piano tuning and service for MERCHANT LIC. one year and approving a renewal transient merchant license for Cub Scout Pack #205 for five years. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Hayes, approving hiring Leslie Sandberg ICE ARENA for the position of Clerk-Typist I at the Ice Arena effective Octo- CLERK-TYPIST I her 25, 1976, at $497.00 per month. Ayes - 4 - Nays - 0. The Council accepted a $250.00 donation from Bonestroo, Rosene, Anderlik & Associates, Inc., for the purchase of playground equipment. The Clerk was requested to prepare a letter of thanks for it and the Park Committee was asked to make a recommendation on a specific item of equipment to be purchased with the money. The Council received a notice of the Association of Metropolitan Municipalities general membership meeting to consider 1977 Legislative policies to be held October 21, 1976, in Brooklyn Center. Councilman Garrison asked the Clerk to write to all communities that support the wording change in the Legislative policies reminding them to attend the meeting and vote. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1976 Page - 6 The Clerk presented a request to the Council from Ken Syverson on whether it is permis- sible to raise pidgeons in a residential area. Mr. Syverson is considering purchasing a home in the City and this question is not covered under any City ordinance. He said the pidgeons are hobby and he raises them for show purposes. They are kept inside a building and are not flying loose. The Council agreed there is no ordinance prohibiting this and if any problems arise, they would be covered under the nuisance ordinance. MOTION: of Garrison, seconded by Hayes, to pay the claims and bills, checks CLAIMS & BILLS numbered 1736 through 1751 and 2622 through 279~, in the total amount of $1,390,001.12. Ayes - 4 - Nays - 0. Acting Mayor Holton asked whether copies of the Planning Commission minutes could be enclosed with Council information packets again instead of being put in the Council reading file. He believed it would be helpful to have these copies at Council meetings. MOTION: of Branning, seconded by Garrison, to adjourn. Ayes - 4 - Nays - 0. The meeting adjourned at 10:20 o'clock p.m.