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HomeMy WebLinkAbout09/14/1978CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held September 14th, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Fitzsimmons, Hayes, Savanick and Holton (attended at 10:35 p.m,): Clerk Asleson. ABSENT: None. Mayor Branning called the meeting to order at 7:10 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Hayes, seconded by Fitzsimmons, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Fitzsimmons, seconded by Hayes, approving the minutes of the AUG 24,1978 MINUTES meeting of August 24, 1978, as written. Ayes - 4 - Nays - 0. MINUTES Mayor Branning said before tonight's meeting he received a check for $230.00 from the Apple Valley Jaycee Women for half the cost of a portable breath tester for the Police Department. The other half of the cost of the breath tester will be paid by the State. The Council thanked them for this contribution. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1978- RES. 1978-154 154 canvassing the returns df the September 12, 1978, State and CANVASS ELECTION County Primary Election and the Special City Election, declaring RETURNS the Fire Hall Bond issue carried by 1,505 yes votes and 679 no votes. Ayes - 4 - Nays - 0. CANVASS ELEC- MOTION: of Fitzsimmons, seconded by Hayes, approving all items on the CONSTENT AGENDA consent agenda except variances to Ordinance No. 78. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1978- RES. 1978-155 155 approving specifications for snow removal and street main- SNOW REMOVAL & t~nance materials for 1978-79 and authorizing advertisement for STREET MAIT. BIDS bids to be received October 10, 1978, at 2:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1978- RES. 1978-156 156 approving specifications for televising of 1978 sewer projects SEWER TELEVIS- and authorizing advertisement for bids to be received October 12, ING BIDS 1978, at 2:00 p.m. Ayes - 4 - Nays - 0. Consideration of a change order to Project 77-2(3) was tabled. MOTION: of Fitzsimmons, seconded by Hayes, approving revised to the contract with McNamara-Vivant Project 76-20(1) of an additional $10,870.32 sidewalks. Ayes - 4 - Nays - 0. Change Order No. 1 Contracting for for Whitney Drive C.O. 1 TO PROJ. 76-20(1) C. O. 2 TO PROJ. 76-20(1) MOTION: of Fitzsimmons, seconded by Hayes, approving revised to the contract with McNamara-Vivant Project 76-20(1) of an additional $28,811.20 street improvements. Ayes - 4 - Nays - 0. Change Order No. 2 Contracting for for Hidden Ponds CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1978 Page 2 MOTION: of Fitzsimmons, seconded by Hayes, approving Change Order No. 1 to the contract with Parrott Contracting for Project 77-9 of an additional $1,517.54 for a storm sewer trunk extension. Ayes - 4 - Nays - 0. C. O. 1 TO PROJo 77-9 C. O. 1 TO PROJ. 77-12(1) C. O. 1 FIRE- SIDE CONTRACT C.O. 1 TO SEAL COAT PROJECT MOTION: of Fitzsimmons, seconded by Hayes, approving Change Order No. 1 to the contract with Encon Utilities for Project 77-12(1) extending the completion date from September 1, 1978 to October 1, 1978. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, approving Change Order No. 1 to the contract with Fireside Office Supply for City Hall furnishings of a deduct of $984.00. Ayes - 4 - Nays - MOTION: of Fitzsimmons, seconded by Hayes, approving Change Order No. ! to the contract with M. G. Astleford for 1978 Seal Coating of an additional $1,388.00 for the Pool & Racquet Club parking lot. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. RES. 1978-157 1978-157 receiving the preliminary engineering report for PROJ. 78-12 Project 78-12, improvements in Apple Valley East 4th Addition, PUBLIC HEARING and setting a public hearing on it at 8:00 p.m. on October 10, 1978. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, approving hiring Dwight HIRE PART Lundquist as Tree Inspector at $4.00 hourly effective TIME EMPLOYEES September 11, 1978; Steven Peterson effective September 5, 1978, and Douglas Crawford effective August 29, 1978, for Tree Maintenance at $3.50 hourly; Robin Engleman for Golf Maintenance at $3.00 hourly effective September 5, 1978; Rich Bachman as Locker Attendant at $2.30 hourly effective September 8, 1978; and Brenda Andrie as Pool Supervisor at $4.00 hourly effective September 6, 1978. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons seconded by Hayes, approving a salary increase PIETIG SALARY for Gary Pietig of $118,00 per month effective August 23, 1978.REVIEW Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons seconded by Hayes, authorizing Joe Walz to WALZ ATTEND attend the National Recreation and Park Association annual REC. CONGRESS congress October 14 to 18, 1978, in Florida. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons seconded by Hayes, approving a cigarette license and off-sale 3.2 beer license for Andy's Market at 14112 Galaxie Avenue for 1978~ Ayes - 4 - Nays - 0. ANDY'SMARKET LICENSES TRANS. MERC. LIC. SWAN FIRE WOOD TRANS. MERC. LIC DIAMOND T RIDERS PLANNING ASST. GRANT AMENDMENT MOTION: of Fitzsimmons seconded by Hayes, approving a transient merchant license for Milton Swan Fireplace Wood to sell door to door in 1978. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons. seconded by Hayes, approving a transient merchant license for Diamond T Riders Saddle Club to sell food at a horse show October 1, 1978. Ayes - 4 - N~ys - 0. MOTION: of Fitzsimmons. seconded by Hayes, approving a Grant Agree- ment Amendment to the Planning Assistance Grant Application CITY OF APPLE VALLEY Dakota County , Minnesota September 14, 1978 Page 3 of the City to the Metropolitan Council for $4,000 for special planning problems and authorizing the Mayor and Clerk to sign the amendment. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, granting a variance for a VARIANCE sideyard setback to 19 feet on the 142nd Street side for a garage 14190 GLAZIER addition as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmmons, seconded by Hayes, approving a building permit for a fourplex..on Lot 15 of Block 2 in Academy Village as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ACADEMY VILLAGE BLDG. PERMIT WAIVER OF PLAT C.W. VILLAGE 3~ ACQUIRE LOT 17 KNOTTYWOODS MOTION: of Fitzsimmons, seconded by Hayes, granting a waiver of platting on Lots 7 and 8 of Block 1 in Carrollwood Village Third Addition moving Lots 7's east line 11 feet east as recommended by the Planning Commission. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Fitzsimmons, authorizing acquisition of Lot i7 of Knottywoods Addition and requesting Dakota County to participate in the purchase as recommended by City Staff. John Gretz stated he refused to issue a building permit on this lot because its only access is directly on Pilot Knob Road and the County said when Pilot Knob Road is widened any house on that lot would probably have to be removed. Mr. Gretz said he has received court direction to issue the permit and has now done so. Mr. Tousignant and his attorney were present and said Mr. Tousignant is ready to start construction on the house. Motion and second reworded body of.~motion: Authorizing City Staff to proceed with negotiation for the purchase of Lot 17 of Knottywoods Addition and requesting Dakota County to participate in the cost. Ayes - 3 - Nays - 1 (Hayes). John Voss was present and gave a report on the Comprehensive Plan Update. He said unless the Council has any changes, it could preliminarily adopt the Land Use Plan and have copies printed for public review and comment. After citizens have had a chance to review the map, a formal public hearing could be held. He reviewed the items considered by the Planning Commission in preparing the Land Use Plan map. MOTION: of Hayes, seconded by Fitzsimmons, granting preliminary approval REVISED LAND of the revised Land Use Plan map. USE PLAN MOTION: of Savanick, seconded by Fitzsimmons, amending the above motion by showing the Lac Lavon area as R-I on the map without lot designations. Ayes - 4 - Nays - 0. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. Councilmember Hayes suggested the Planning Commission hold an open house and present this map to the public. MOTION: of Fitzsimmons, seconded by Savanick, authorizing printing the PRINT LAND revised Land Use Plan map at a cost not to exceed $300.00. USE PLAN MAP Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1978 Page 4~ MOTION: of Fitzsimmons, seconded by Hayes, reconsider the Council's RECONSIDER action of August 24, 1978, on the amendment to the Development CARROLLW00D PATH Agreement for Carrollwood Village 1st Addition. Ayes - 4 - Nays - 0. MOTION: of Fitzsimn~ons, seconded by Hayes, authorizing the installation of a four-foot wide concrete path between Lots 9 and 10 of Block 1 in Carrollwood Village Second Addition. Bob Eischens spoke for the majority of the homeowners in the area and said they do want the path installed. Mayor Branning commented on the cost of maintenance of pathways and said future pathway plans should take this into consideration. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolution No. RES. 1978-158 1978-158 requesting Dakota County to consider proposals for NOISE ON noise abatement on County Road 42 and forward a copy of a CO. RD. 42 letter from Mr. and Mrs. James Stephens on this to the County for a raply. The Council discussed the speed limit on County Road 42. The Mayor said the road is designed to have at least a 40 mile per hour speed limit and he does not believe the State would consider lowering it. Vote was taken on the motion. Ayes - 4 - Nays - 0. Consideration of award of bids for Galaxie Avenue and Johnny Cake Ridge Road was tabled. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. POLITICAL SIGNS 1978- restricting temporary political signs to a maximum size of 32 square feet to be located only on private property. The City Clerk said staff would not have the authority to enforce a resolution of the Council; this should be an ordinance so the penalty set by law can be placed on it. Motion and second amended to read: Ordinance No. 207, amend- ORDINANCE 207 ing Ordinance No. 78, Section 4.1.m by adding "A temporary POLITICAL SIGNS political sign shall not exceed 32 square feet in area and the height shall not exceed ten feet above grade." Ayes - 4 - Nays - 0. The Council received a letter from Bermel-Smaby Realtors donating 20 shade trees to the City and thanked them for this. Mike Bassett is reviewing the park areas for places to plant the trees and will work with Bermel-Smaby on the planting. Councilmember Fitzsimmons nominated Joanne Hollenbeck to fill a vacancy on the Park Committee. MOTION: of Hayes, seconded by Fitzsimmons, closing nominations for the CLOSE PARK Park Committee vacancy. Ayes - 4 - Nays - 0. COM. NOMINATIONS MOTION: of Hayes, seconded by Fitzsimmons, authorizing payment to MID-WINTER FEST James Tyvand of approximately $150.00 for repairs to his DAMAGE CLAIM snowmobile for damage to it during the Mid-Winter Fest. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1978 Page 5 Consideration of an adjustment to charges for fill material to the 7-Eleven Store on Galaxie Avenue was tabled. Mayor Branning read a letter of "thank you" from Donald Bridgwater to the Police Department and particularly Officer Terrance Cook for help when he suffered a stroke. Dalel~ille presented the preliminary plat of Sherman Heights located west of Hayes Road and north of 142nd Street consisting of 16 single family home lots and two duplex lots. MOTION: of Hayes, seconded by Fitzsimmons, passing Ordinance No. 208 rezoning the area to be known as Sherman Heights from Estate to R-IC and R-2 as recommended by the Planning Commission. Ayes - 4- Nays - 0. ORDINANCE 208 REZONING SHERMAN HGTS. PRELIM. PLAT SHERMAN HGTS. PRELIM, ENG. REPORT SHERMAN HEIGHTS AMELI CLINIC SIGN VARIANCE MOTION: of Hayes, seconded by Fitzsimmons, approving the preliminary plat of Sherman Heights as recommended by the Planning Commission and directing Staff to prepare a development agreement including Lots 7 & 8 of Block 2 being allowed to share a driveway access if possible. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Savanick, authorizing the Engineer to pre- pare a preliminary report for improvements in Sherman Heights. Ayes - 4 - Nays - 0. MOTION: of Fitzsin~nons, seconded by Hayes, stating any sign for the Ameli Chiropractic Clinic at 7601 West 145th Street must be located 13 feet from the street right-of-way as per Ordinance No. 78. Ayes - 2 - Nays - 2 (Branning and Savanick). Motion failed. MOTION: of Savanick, NO SECOND, directing Staff to work out a compromise on the sign location for the Ameli Chiropractic Clinic. Motion failed for lack of a second. Mayor Branning asked for a motion to approve the sign variance request for the Ameli Chiropractic Clinic; there being none, the variance was declared denied. MOTION: of Hayes, seconded by Fitzsimmons, granting a variance for a sign for Andy's Market at 14112 Galaxie Avenue the same size as the 7-11 sign was, mounted on the planter with on the business name on it and no product name. Ayes - 4 - Nays - 0. ANDY'S MARKET SIGN VARIANCE The Council discussed the primary product name on signs and said since the ordinance specifies it that way, the product name should be allowed only when it is the primary product of a business. MOTION: of Fitzsimmons, seconded by Savanick, approving a waiver of platt- WAIVER OF PLAT ing of Lots 7, 8, 9 and 10 of Block 2 in Heritage Hills 2nd HERITAGE HILLS Addition until the property to the north is platted and replat 2ND ADDITION this property with it as recommended by the Planning Commission so the r~ad can be extended to the north. Ayes - 4 - Nays - 0. Councilmember Holton attended at this time. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1978 Page 6 MOTION: of Hayes, seconded by Savanick, authorizing final payment to FIRESIDE Fireside Office Supply for its contract for City Hall Interior FINAL PAYMENT Furnishings in the amount of $11,929.00. Ayes - 4 - Nays - 0 (Fitzsimmons Abstained). MOTION: of Fitzsinm~ons, seconded by Hayes, authorizing Dave Gullifer to attend the Timber Producers Show on September 15 and 16, 1978, in Grand Rapids~ Minnesota. Ayes - 5 - Nays - 0. GULLIFER ATTEND TIMBER SHOW· CATV COMMISSION ANNUAL REPORT MOTION: of Holton, seconded by Hayes, receiving the Apple Valley CATV Commission's Annual Report and authorizing its transmittal to the State Commission. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, approving payments on the CITY HALL City Hall Expansion as follows: Gilbert Construction payment CONTRACT PAYMENTS of $42,169.21 with one percent retainage until complete; Grendahl Mechanical payment of $13,134.00 with $3,000 retainage and St. Martin Electric payment of $9,202.20 with $500 retainage. Ayes - 5 - Nays - 0. Mayor Branning commented on Tuesday's storm sewer backups in the eastern part of the City and thanked everyone who helped that night. Jim Carlson, 136th Street Court, thanked everyone who helped sandbag around his house Tuesday. He said during the Sunday storm he did have water damage to his house. He said he has lived there four years and has never seen anyone cleaning out the storm sewer. He believes the water damage on Sunday was caused because the storm sewer was blocked and a better maintenance program could help prevent this from occurring. The Mayor said Staff will be working on these problems and try to come up with a solution to minimize the effects of storms in the future. The Council received claims for damages from Patrick and Marlene Doherty, 13812 Holyoke Lane, and Mrs. Robert L. McMillan, Jr., 15353 Dunbar Avenue, and directed staff to for- ward them to the City's insurance company. MOTION:of Holton, seconded by Hayes, to pay the claims and bills, checks numbered 6795 through 6813 and 10046 through 10205, the total amount of $961,121.87. Ayes - 5 - Nays - 0. cLAIMS'AND BILLS MOTION: of Fitzsimmons, seconded by Hayes, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:12 o'clock p.m.