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HomeMy WebLinkAbout09/28/1978CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 28, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Fitzsimmons, 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 Fitzsimmons, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the APPROVE VARIOUS special meetings of August 29th and September 20th, 1978, as MINUTES written; the special meeting of September 21st, 1978, as corrected; and the regular meeting of September 14th, 1978, as written. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving all items on the consent CONSENT AGENDA agenda except a report on storm sewer in the area of the Zoo and change orders to Project 77-2(3). Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Hayes, authorizing the Engineer to prepare PRELIM. REPORT a preliminary report for improvements in Diamonth Path 4th D. PATH 4TH Addition and the proposed North Star subdivision. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-160 receiving the preliminary engineering report for Project 78-13, improvements for Sherman Heights, and setting a public hearing on it for October 26, 1978, ~t 8:00 p.m. Ayes - 5 - Nays - 0. RES. 1978-160 PROJ. 78-13 PUBLIC HEARING RES. 1978-161 PROJ. 78-6(1) BIDS RES. 1978-162 TRF. ANTI-REC. FUNDS RELEASE BOND DIAMOND PATH ADDITION ROSLAND ATTEND GOLF WORKSHOP MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-161 approving plans and specificaCions for Project 78-6(1), utility improvements in Chateau Estates Third Addition, and authorizing advertisement for bids to be received November 3, 1978, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No, 1978-162 authorizing the transfer of $233.50 of Federal Anti-Recession Funds to the Golf Course Fund. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, releasing Bond No. 400 DR 4400/45 in the amount of $314,400.00 as all work covered by said bond in the Diamond Path Addition is complete and accepting as final, from the developer, the utility and street improvements. Ayes - 5 - Nays - 0. MOTION:of Holton, seconded by Hayes, authorizing Rusty Rosland to attend the National Golf Foundation Workshop in Orlando, Florida, November 20 through 23, 1978. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1978 Page 2 MOTION: of Holton, seconded by Hayes, approving hiring part time emp- HIRE PART loyees at the Ice Arena, for the after school programs, TIME EMPLOYEES gymnastics instructors and swimming pool as listed on the memos dated September 25th and 27th, 1978, from Mike Bassett. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS Gene Corrigan, Police Chief, presented a letter to the Council, which the Mayor read, stating he will be retiring effective December 31, 1978. Ernest Partaker presented a preliminary plat of Diamond Path 4th Addition, located north of County Road 42 and east of Embry Path, consisting of 47 single family home lots and 268 townhouse units. Councilmember Fitzsimmons asked about including a time schedule on the plat in the development agreement. John Gretz said dates were written on the preliminary plat to show the proposed phasing. Preliminary plat approval is for a period of two years unless specifically approved otherwise and the land immediately north of County Road 42 is not proposed to be developed until improvements to County Road 42 are completed. Tha Council asked how prospective purchasers of homes will be informed of development plans in the area? Mr. Partaker said copies of the plan will be given to all purchasers of homes in the subdivision. He also said landscaping plans for the townhouse areas will be submitted before final plats are approved. The Council discussed phasing of the area; the Planning Commission had recommended three phases. The Council said tha main consideration in the phasing is that nothing be constructed along County Road 42 until the road improvements are made. MOTION: of Hayes, seconded by Fitzsimmons, approving the preliminary PRELIM. PLAT plat of Diamond Path 4th Addition for a period of four years D. PATH 4TH subject to none of the units abutting County Road 42 being platted until improvements to the road have been made and land- scape plans for the townhouse areas being submitted before final plats are approved and directing Staff to prepare a development Agreement. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, approving a building permit for CAR WASH an addition to the Apple Valley Car Wash at 146th and Glenda ADDITION PERMIT as recommended by the Planning Commission. Clark Conklin, one of the owners was present, and John Gretz said the Attorney has reviewed this and it does meet the parking requirements of the City. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, granting a variance for a front setback of 17 feet from the lot line for a garage and family room addition at 5620 Upper 136th Street Court as recommended by the Planning Commission. Ayes - 5 - Nays - 0. VARIANCE 5620 UPPER 136TH ST. CT. VARIANCE 993 WHITNEY MOTION: of Holton, seconded by Fitzsimmons, granting a variance for a 144 square foot storage building at 993 Whitney Drive as recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1978 Page 3 John Gretz said the Planning Commission will be reviewing the size limitation of 120 square feet in the ordinance for accessory storage buildings. MOTION: of Hayes, seconded by Savanick, amending the previous motion by including that the building be finished with siding similar to the house. Mr. Foreman was presented and asked that he be allowed to paint the building the same color as his house but not be required to use the same siding. MOTION: The motion and second on the amendment were withdrawn. Vote was taken on the original motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Hayes, granting a variance for a 32 square foot, two sidded sign located 13 feet from the Cedar Avenue right-of-way at 13778 Cedar Avenue for ScQtties Camping Center until Cedar Avenue is widened. SIGN VARIANCE SCOTTIES CAMP- ING CENTER MOTION: of Hayes, seconded by Holton, amending the above motion by granting the variance for a period of two years or until Cedar Avenue is widened, whichever occurs first, as recommended by the Planning Commission. Ayes - 3 - Nays - 2 (Branning and Savanick). Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, reconsider the sign variance request P~ECONSIDER of Ameli Chiropractic Clinic from the September 14, 1978, meeting. AMELI VARIANCE Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Savanick, granting a variance for a sign at 7601 West 145th Street to be located not closer than seven feet to the street right-of-way. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, authorizing the Engineer to prepare a preliminary report related to storm sewer problems in the area of the Minnesota Zoological Garden and the County Park. Ayes - 5 - Nays - 0. PRELIM. REPORT ZOO STORM SEWER RES. 1978-163 ALIMAGNET OUT- LET HEARING MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. 1978-163 receiving the preliminary engineering report on a pro- posed outlet to Alimagnet Lake, Project 76-10, and setting a public hearing on it at 8:00 p.m. on November 9, 1978. Mayor Branning asked that Burnsville be notified of this hearing. Mr. Asleson said Burnsville will be receiving copies of the report and will also be holding a public hearing. John Kirby, who lives on Reflection Road, said he would like to see this project installed. Councilmember Savanick asked that a copy of the report also be sent to Dakota County. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1978-164 awarding the contract for Galaxie Avenue and Johnny Cake Ridge Road improvements, Project 78-1, to Minnesota Valley Surfacing, the low bidder, in the amount of $359,440.00 and authorizing the Mayor and Clerk to sign the contract. RES. 1978=164 PROJ. 78-1 BID AWARD CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1978 Page 4 John Gretz said the Minnesota Department of Transportation has given final approval of this project. Vote was taken on the motion. Ayes m 5 - Nays - 0. Councilmember Fitzsimmons asked that a letter be sent to the property owners in Nordic Woods and Nordic Woods 2nd Addition informing them sidewalks will be installed next spring. Councilmember Savanick asked about construction of a path along 140th Street. The Mayor said this was discussed and Staff will be preparing an application to the State for trail funds. MOTION:of Hayes, seconded by Fitzsimmons, approving Change Order No. 1 Revised to Project 77-2(3) in the amount of $19,700.00 for sidewalks in Nordic Woods Addition. Ayes - 5 - Nays - 0. PROJ. 77-2(3) C.O. i REVISED MOTION: of Hayes, seconded by Savanick, approving Change Order No. 2 to Project 77-2(3) in the amount of $1,536.00 deduction for decreasing the width of sidewalks on the north side of 132nd Street in Nordic Woods 2nd Addition from five to four feet. Ayes - 5 - Nays - 0. PROJ. 77-2(3) C.O. 2 ORDINANCE 209 BUILDING CODE ORDINANCE 210 STREET LIGHTS MOTION: of Hayes, seconded by Fitzsimmons, passing Ordinance No. 209 adopting the Revised Minnesota Building Code as the building code in the City. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, passing Ordinance No. 210 providing for installation of streeting lighting by petition of property owners who shall also pay operating costs. The Council discussed how this ordinance would be implemented. Mr. Asleson said the City Staff will prepare a petition form that can be picked up by property owners and circul- ated in their subdivision. After it is returned with signatures of at least 35 percent of the property owners, a public hearing on installing street lighting in that subdiv- ision will be scheduled. The costs of the lights would be specially assessed and the operation costs billed with the quarterly sewer and water bills. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, accepting a settlement of 7-11 STORE FILL $7,000 from Th~ Southland Corporation for fill material used MATERIAL at the 7-Eleven Store on Galaxie Avenue. Ayes- 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving the agreement with the ZOO POLICE Minnesota Zoological Garden for providing police services by AGREEMENT the City from October 1, 1978, through June 30, 1979, and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, appointing Joanne HollenbeckPARK COMMITTEE to the Park Committee. Ayes - 5 - Nays - 00 APPOINTMENT MOTION: of Holton, seconded by Hayes, authorizing Peterson, Clark & Associates to proceed with preparation of plans and specif- ications for the two fire stations. Ayes - 5 - Nays - 0. FIRE STATIONS PLANS & SPECS CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1978 Page 5 MOTION: of Fitzsimmons, seconded by Hayes, authorizing Mike Bassett to PARK BOND obtain proposals from consultants to work on a proposed 1979 CONSULTANT park bond referendum. Ayes - 5 - Nays - 0. PURCHASE MOTION: of Holton, seconded by Hayes, approving the purchase of a 1979 PURCHASE truck for the Utilities Department from Freeway Ford for the ULITITIES TRUCK low quotation of $5,198.00. Ayes - 5 - Nays - 0. Councilmember Holton said the terms of two members of the Cable TV Commission have expired and the two members do not wish to serve any longer. He asked that nominations for these positions be considered at the next Council meeting. Mayor Branning said he had announced that he would not seek reelection for a second term of office earlier this week. He said if no one else, whom he can support, files for the office of Mayor by Thursday, October 5th, he will run for reelection. The Mayor also said if he does not run for reelection, he will be the fire station construction liaison for the Council. MOTION: of Hayes, seconded by Fitzsimmons, authorizing payment of mileage FIRE CONVENTION and motel accommodations to Richard Tuthill, Paul HeIl, and John EXPENSES Field for the 1978 Fire Convention in Moorhead, Minnesota. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, setting a special meeting on Friday, SET SPECIAL September 29, 1978, at 3:00 p.m. at City Hall for the purpose of MEETING paying the claims and bills and authorizing Councilmember Savanick to be acting Mayor for that meeting. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:25 o'clock p.m.