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HomeMy WebLinkAbout07/27/1978CI~f OF APPLE VALLEY Dakota County, Minnesota July 27, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held July 27th, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Fitzsimmons, (attended at7:06, p.m), Hayes, HoltOn and Savanick; Clerk:AsleSon. ABSENT: None. Mayor/Branning 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. MOTION: of Hayes, seconded by Holton, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0 (Fitzsimmons abstained). MOTION: of Holton, seConded by Nayes approving the minutes of the special JULY 6, 1978 meeting of July 6th, 1978, as corrected. Ayes.-5- Nays- 0 MINUTES MOTION: of Holton, seconded by Hayes,. approving the minuteS of the regular JULY 13, 1978 meeting of July 13, 1978, as written. Ayes - 5 - Nays - 0. MINUTES MOTION: of HayeS, Seconded by Holton, approving all items on the consent CONSENT .AGENDA agenda except receipt of Lakeville's: resolution on Lac LaVon, Ayes - 5 - Nays - 0. CONSENT ITEMS MOTION: of Hayes, seconded by Holton, receiving a petition from Jaxon PRELIM. REPORT Corporati0n and CarrOllwood Properties for Construction of 142nd 142ND ST. CONST Street from Guthrie Avenue to Pennock Avenue and directing the Engineer to prepare a preliminary report on it. Ayes - 5 - Nays - 0. MOTION:. of Hayes, seconded by Holton, receiving a petition from Jaxon PRELIM. REPORT Corporation for utility and street improvements in Carrollwood C.W. VILLAGE Village 4th Addition and directing the Engineer to prepare a 4TH ADDITION preliminary report on it. Ayes , 5 ~ Nays -0. MOTION: of Hayes, seconded by Holton; approving Change Order.No. 8 to the C.O. 8 GILBERT contract with Gilbert Construction on the CitY Hall Addition of , CITY HALL CONT. an additional $505.00 for various items. Ayes - 5 - Nays - 0. MOTION: of Hayes, secOnded by Holton, adopting Resolutio No.1978-127 RES. 1978-127 authOrizing instalIation Of yield signs on both sides of Herald YIELD SIGNS Circle at its intersections with 131st Street. Ayes- 5 Nays. - O. MOTION: o Hayes, seconded by, Holton, adopting Resolution No-. 1978-118 RES. 1978-128 authorizing writing off $180.64 of insufficient fund checks to WRITE OFF NSF the Liquor Stores as uncolleCtible Ayes- 5 - Nays: 0. CHECKS MOTION: of Hayes; seconded by Holton approving transient merchant TRANS. MERCHA/ff licenses for George Mahowald to sell sweet corn in 1978 and for LICENSES Halvorsen Paint & Wallpaper to have a popcorn wagon July 28 & 19, 1978. Ayes 5 ~ NaYs ~ 0, CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1978 Page 2 MOTION: Of Hayes, seconded by Holton, approving hiring James Doughan HIRE PART as a tennis instructor at $4.00 per hour effective July 17, TIME EMPLOYEES 1978; Ken Felix for Golf maintenance at $3.00 per hour effective July 19, 1978; and Craig Smith and Anthony Weinhaus as driving range attendants at $2.25 per hour effective July 24, 1978. Ayes- 5 - Nays - 0. END OF CONSENT ITEMS Councilmember Hayes said the draft of the Fire Hall Bond Issue Brochure is acceptable except he would like further consideration of the dollar amount. He said the architect and Fire Department Committee are meeting to attempt to reduce the cost of the buildings as he had discussed with them earlier today. MOTION; of Hayes, seconded by Holton, approving printing the Fire PRINT FIRE Hall Bond Issue Brochure as drafted except for the dollar BOND BROCHURE amount which is yet to be determinedly. Ayes ~5 - Nays - 0. ConsideraTion of industrial revenue notes· for the Golf Course Clubhouse was tabled. Councilmember Holton said he does not believe a variance to Jimmy's Lemon Tree Restaurant for a pylon sign should be granted, but additional signage on the building and a pylon sign on Glazier Avenue would be acceptabte. Councilmember Fitzsimmons agreed. The Council discussed the sign locations with Mr. Assimes. MOTION: of Holton, seconded by Hayes, granting a variance to Jimmy's Lemon Tree Restaurant for a pylon sign, 28 feet high and 104 LEMON TREE square feet in area including s reader board, located east of PYLON SIGN the eastermost part of the building and south of the building. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, granting a variance to Jimmy's LEMON TREE Lemon Tree Restaurant for 40 square feet of building signage BUILDING SIGN on the north side of the building. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, approving a revised HERITAGE 6TH Development Agreement for Heritage Hills 6th Addition elim- AGREEMENT REV. inating reference to an FHA letter and necessary bonding as requested by the developer. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. RES. 1978-129 1978-129 awarding the contract for Alimagnet Park Shelter AWARD ALIMAGNET Facilities to Leibfried ConstruCtidn, the low bidder, in the SHELTER CONTRACT amount of $31,450 and authorizing transfer of up to $10,000 from the park dedication fund and up to $2,000 from the 1971 park bond fund to the Alimagnet Park fund. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978~ RES. 1978-130 130 awarding the contract for Project 78-8, Cedar Knolls AWARD PROJECT Main Diversion,. to Burschville Construction, the low bidder, 78-8 in the amount of $45,914.98. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savaniek, adopting Resolution No. 1978- RES. 1978-131 131 directing the Urban Affairs Committee to prepare an VENDING MACHINE ordinance for the licensing and inspection of vending ORDINANCE machines. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 1978 Page 3 MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978- RES. 1978~132 132 expressing appreciation to the 4th Of July Committee for its THANK 4TH OF efforts in coordinating this year's festivitieS. Ayes~ 5 JULY COMMITTEE Nays - 0. Councilmember Holton' said his home town 4th of July parade thls year recognized outstanding citizens of the community and made them dignitaries in the parade,and would like to see this idea-implemented next year. The Council received the Cityof Lakeville's resolution 0pposing acquisition, of Lac Lavon by Dakota county, or any other governmental Jurisdiction with area wide taxing authority, through the use of public funds. The Council received a letter from the Greater Apple Valley Area Federated Women's Club requesting the Cily Council to actively participate in acquisition and development 0f Lac Lavon and stating the ClUb has adopted this as its 1978-80 community improvement project. Councilmember Fitzsimmons said the Dakota County Board, at its meeting of July 18th, took action to proceed with a request for acquisition of Lac Lavon as Metropolitan Open Space The council said it will support acquisition but will not make a commiment on operAting and development funds. MOTION: of Holton, seconded by Savanick, authorizing the joint City- LAWCON APP. School appligation for LAWCON development funds be submitted to CITY-SCHOOL the StatePlanning Agency in the total proJect amont of $426,900. PARK DEV. for the Eastview Athletic Complex. Mr. Asleson said this is a preliminary application, but if it is approved as a LAWCON pro- ject, the City-School share of funding would be 25 percent and if it is approved as a LCMR project, the City-School share would be 50 percent. Vote was taken. Ayes - 5 -Nays - O. Mayor Branning called the public hearing to order, at 8:14 pim. on Project 78-5, improve- ments in Cobblestones 2nd Addition, and noted the affidavit of publication of the hearing notice has been received. Robert Rosene showed tHe location of the improvements on the map, south of PAlomino Drive, WeSt Of Garden View Drive and north of future County Road 38..The sanitary sewer will be in the Apple Valley Treatment Plant district. The total cost of the improvementS iS $201,450 and includes sanitary sewer, water storm sewer, streets and sidewalks. The Mayor asked for any questions from the public, there being none the hearing was closed at 8:20 p.m. Mayor Branning called the public hearing to order at 8:20 p.m. on Project 78-6, improve- ments in Chateau Estates 3rd Addition, and noted the affidavit of publication of the hearing notice has been received. Robert Rosene showed the location of the improvements on the map, south of future County road 38 and east of Palomino Hills 7th.Addition. The total cost of the project is $274,890 and includes sanitary sewer, water, storm sewer, street and sidewalks. The Mayor asked if developers are removing trees along the County Road 38 right-of-way? John Gretz said in some areas trees have been removed. The Council said trees in the County Road 38 right-of-way should be removed and also rough grading done to define the road before adjoining lots are occupied. There being no further questions or comments, tHe hearihg was closed at 8:35 p.m. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-133 RES. 1978-133 ~ordering Project 78-5, improvRments in Cobblestones 2nd' Addition. ORDER PROJECT Ayes - 5 - Nays - 0. 78-5 CITY OF APPLE VALLEY Dakota County Minnesota July 27, 1978 Page 4 .MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978- RES. 1978-134 134 directing the Engineer tO prepare plans and specifications PROJ, 78-5 for Project 78~5, Ayes - 5- Nays - O. PLANS & SPECS MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978- RES. 1978-135 135 ordering Project 78-6, improvements in Chateau Estates ~ORDER PROJECT 3rd Addition. Ayes - 5 - Nays ~ 0. 78-6 MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978- RES. 1978-136 136 directing the Engineer to prepare plans and specifications PROJ. 78T6 for Project 78-6. Ayes ~ 5- Nays - O. PLANS & SPEcs MOTION: of Hayes, seconded by Holton, authorizing payment 0f a claim FENCE CLAIM in.the amount, of $71.08 to James Erickson, 13956 Gauntlet 13956 GAUNTLET Court, for fence damage caused by a City mower, Ayes- 5-.Nays ~ O. MOTION: of Holton, seconded by Fitzsimmons, granting a transient TRANS. MERC, merchant license to Plants Unlimited & Leather Unlimited for LICENSE a truckload sale at the Mobile Station on 147th and Cedar Avenue. The Council discussed amending the transient merchant license ordinance. Motion and second agreed to amend the motion by placing the same restrictions on this license as apply to special promotions in Ordinance No. 162. Ayes - 51- Nays - 0.. Mayor Branning asked that a note be placed with the application of Southwestern Company for a transient merchant license stating that the salemen use "high pressure" sales tactics. Councilmember Hayes said he would like to recommend an increase in the Mayor's and Council's salaries. He also said this is the first proposed, increase since 1973. The Council' discussed applying for expense reimbursements versus a salary increase. MOTION: of Hayes, seconded by Savanick, passing Ordinance~No. 204, ORDINANCE 204 repealing Ordinance No. 119 effective January 1, 1979, fixing MAYOR & COUNCIL the Mayor's salaries at $300 per month and the Councilmembers SALARIES salaries at $250 per month. Ayes - 4 - Nays - 1 (Fitzsimmons). Fire Chief Dick TuthilI was present and said the Fire Department met tonight and would like to keep the proposed fire stations with four bays and the proposed bond issue at $495,000.Councilmember Hayes said he suggested eliminating one bay to decrease the cost. The Council discussed constructing the fire stations so they can be added to in the future. The Council agreed to meet informally with the Fire Department at City Hall Monday, July 31, 1978, at 9:00 p.m. to discuss the fire station design. MOTION: of Hayes, seconded by Fitzsimmons, to pay the claims and bills, CLAIMS & BILLS checks numbered 6723 through 6725, 6740 through 6758 and 9516 . through 9687, in the total amount of $1,051,001.47. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, to adjourn. Ayes , 5 Nays - 0~. The meeting was adjourned at 9:19 o'clock p.m.