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HomeMy WebLinkAbout10/10/1978CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 10th, 1978, at 7:00 o'clock p.m. (This was a special meeting held in lieu of the regular October 12th, 1978 meeting.) PRESENT: Mayor Branning (attended at 7:55 p.m.); Councilmembers Fitzsimmons, Hayes, Holton and Savanick; Clerk Asleson. ABSENT: None. Acting Mayor Holton called the meeting to order at 7:07 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Hayes, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA SEPT. 28 & 29 MINUTES CONSENT AGENDA PREFAB CURB IN PARKING LOTS GODFREY RESIGNATION MOTION: of Hayes, seconded by Savanick, approving the minutes of the regular meeting of September 28th, 1978, as written and the special meeting of September 29th, 1978, as written. Ayes - 4 - Nays - 0. (Holton abstained on September 29th, 1978, minutes.) MOTION: of Fitzsimmons, seconded by Hayes, approving all items on the consent agenda except CATV Commission report and letter on Alimagnet Lake. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, seconded by Hayes, authorizing the use of pre- fabricated concrete curbing for use in private, off street parking lots as recommended by the City Engineer. Ayes - 4 - Nays - 0. MOTION: o'f Fitzsimm0ns, seconded by Hayes, accepting the resignation of Donald C. Godfrey from the Cable TV Commission. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, accepting utility improvements ACCEPT PROJ. in LaPaz 2nd and Cobblestones Lakeview Additions, Project 76-14(1),76-14(1) as complete and authorizing final payment. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, accepting utility improvements in Carrollwood Village 3rd and Apple Valley East 2nd Additions, Project 77-9, as complete and authorizing final payment. Ayes - 4 - Nays - 0. ACCEPT PROJ. 77-9 RES. 1978-165 LIQUOR CREDIT SALES RES. 1978-166 ELECTION JUDGE MOTION: of Fitzsimmons, seconded By Hayes, adopting Resolution No. 1978- 165 establishing a policy on credit sales by the municipal liquor stores, based on the Attorney General's opinion dated September 26, 1978, to business firms only. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution 'No. 1978- 166 appointing judges for the General Election on November 7th, 1978. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1978 Page 2 MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. __ approving the 1978 tax levy collectible in 1979 for the City. Councilmember Savanick said she believed Mayor Branning had some comments on this. Motion and second agreed to withdraw and consider this later in the meeting. Marge Christensen of the Metro Clean Air Committee was present to discuss guidelines for compliance with the Federal Clean Air Act which her Committee is writing for the Minnesota Pollution Control Agency. She said they are asking members of local govern- ment agencies to serve as liaisons to the Committee and they will be having a con- ference for these people to explain the proposals to them. Councilmember Fitzsimmons said she would be the liaison for Apple Valley and the Council agreed to that. John Gretz reviewed the proposed new sign ordinance and outlined the changes from the existing sign ordinance. The biggest changes are that no advertising signs and no variances would be allowed. Joe Nordlund, President of the Chamber of Commerce, was present and said the Chamber reviewed the previous draft of the new ordinance and made comments on it, but has not had a chance to review this draft. He said the Chamber's Board meeting is October i9th. Councilmember Hayes suggested John Gretz attend this meeting and review the ordinance with them. Glen Galles also commented and asked for time to review this draft of the proposed ordinance. Mayor Branning attended at this time. MOTION: of Hayes, NO SECOND, to table consideration of the sign ordinance until the first meeting in November. Motion died for lack of a second. Councilmember Savanick questioned not allowing any variances. John Gretz said the changes in the proposed ordinance have covered most of the variance requests the Council is now getting. Councilmember Savanick asked him to prepare a list of the existing signs and which of those will comply with the new ordinance and which will not. Councilmember Fitzsimmons said she believes there should be no variances. Mr. Gretz said he could meet with the Chamber of Commerce and bring this back to the Council after they have reviewed it. The Council agreed to table this until then. Mayor Branning called the public hearing to order at 8:15 o'clock p.m. on improvements for Apple Valley East 4th Addition, Project 78-12, and noted the affidavit of public- ation has been received. Keith Gordon reviewed the proposed sanitary sewer, water and storm sewer laterals and street and sidewalk improvements in the total amount of $155,400.00, all of which will be assessed. Mr. Ray Tousignant was present. The Mayor asked for any questions or comments from the audience; there being none, the hearing was closed at 8:20 p.m. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1978-167 ordering Project 78-12, improvements in Apple Valley East 4th Addition. Ayes - 5 - Nays - 0. RES.1978-167 ORDER 78-12 RES. 1978-168 PROJECT 78-12 PLANS & SPECS RES. 1978-169 TAX LEVY MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. 1978-168 directing the Engineer to prepare plans and specifi- cations for Project 78-12 improvements. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. i978-169 levying 1978 taxes in the total amount of $1,316,908.00, collective in 1979, upon the taxable property in the City. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1978 Page 3 MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No 1978- 170 adopting budgets for various City funds for 1979 including the General Fund with revenue'of $2,147,283.00 and expenditures of $2,173,927.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978- 171 approving final construction plans for 35E as it abuts Apple Valley at the northwest corporate limits of the City, Ayes - 5 - Nays - 0. RES. 1978-170 1979 BUDGETS RES.1978-171 APPROVE 35E PLANS John Gretz showed the location of the proposed Wendy's Hamburgers Restaurant south of Perkins Restaurant on Cedar Avenue, They propose a pylon sign at the northeast corner of the lot and a building sign on the east side of the building, both of which are permitted under the ordinance. The Planning Commission recommended moving the pylon sign to the planting area on the east side of the building and putting the building sign on the west side of the building because as the trees at the northeast corner of the lot grow, they will obstruct the sign. Craig Minea said either sign location is permitted, but he would have to check with the owners on where they want the signs. MOTION: of Fitzsimmons, seconded by Holton, approving a building permit WENDY'S for Wendy's Hamburgers Restaurant on part of Outlot C of Apple BUILDING PERMI Valley Square as recommended by the Planning Commission with the signs located on either location discussed. Ayes - 5 - Nays - 0. Councilmember Holton nominated Dave Larson to the Cable TV Commission. MOTION: of Hayes, seconded by Fitzsimmons, holding nominations open for the Cable TV Commission Until October 26th, 1978. Ayes - 5 - Nays - 0. CABLE TV COM. NOMINATIONS METRO CABLE RATES C. O. 1 TO PROJ. 75-89(1) MOTION: of Holton, seconded by Fitzsimmons, accepting the recommendation of the Cable TV Commission that Metro Cable's addition of the movie package at a separate rate does not constitute a basic rate change and therefore does not require a public hearing. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, approving Change Order No, 1 to the contract with Minnesota Valley Surfacing for Project 75-89(1) for grading Garden View Drive south of Whitney in the amount of $14,100.00, Ayes - 5 - Nays - 0. The Council received a letter from Mr. and Mrs. James D, Imre of Burnsville concerning the water level of Alimagnet Lake. Councilmember Fitzsimmons requested that they be sent a letter informing them about the Council's November 9th public hearing on this. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-172 accepting 2.22 acres of land from Macro, Inc.,as its institut- ional dedication requirement, located east of Property Under- writers Addition, and authorizing the Mayor and Clerk to execute the necessary documents to transfer title. Ayes - 5 - Nays - 0. RES. 1978-172 MACRO LAND DEDICATION HIRE PART TIME EMI~LOYEE MOTION: of Nolton, seconded by Fitzsimmons, approving hiring Steven Specktor as a gymnastics instructor effective October i0, 1978, at $5.50 per session. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1978 Page 4 MOTION: of Holton, seconded by Hayes, approving the final plat of Carrollwood Village 4th Addition and authorizing the Mayor and Clerk to sign it subject to the condition that no building permits be issued until the development agreement has been approved. Ayes - 5 - Nays - 0. FINAL PLAT C.W. VILLAGE 4TH MOTION: of Fitzsimmons, seconded by Hayes, setting a special meeting SET SPECIAL on Wednesday, November 8th, 1978, at 7:00 p.m. at which MEETING regular business of November 9th will be conducted and beginning the public hearing on the Alimagnet Lake outlet on November 9th, 1978, at 7:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving a tax abatement on TAX ABATEMENT parcel 01-84191-010-01 for taxes payable in 1978 as recommended by the Dakota County Assessor. Ayes - 5 - Nays - 0. Jim Sheldon commented on the Tousignant building pe~it matter on Pilot Knob Road. Dakota County said it would not participate in the purchase of the property to preserve the right-of-way for Pilot Knob Road behause the house is already under construction. The Mayor asked Mr. Sheldon to write a letter docnmenting this information on this property for future reference. Councilmember Savanick said she will be putting together information for a fall "Council Table" newsletter in the next few days. If anyone has any articles, they should be given to her. Councilmember Holton commented on the City's liquor operations. He said an addition to Store No. 1 had been discussed previously, but in talking with Carl Stenderson now, he believes the present two stores will be sufficient for the time being. Councilmember Holton asked about giving certificates of appreciation to people who have served on committees. The Mayor said he agreed anyone who served on a committee should receive one. MOTION: of Branning, seconded by Holton, declaring October 9th to 14th,FREE ENTERPRISE 1978, Free Enterprise Week in Apple Valley. Ayes - 5 - Nays - WEEK 0. MOTION: of Holton, seconded by Fitzsimmons, to pay the claims and billsCLAIMS & BILLS checks numbered 6837, 6838, 10398 through 10403 and 10410 through 10497, in the amount of $816,161.24. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:19 o'clock p.m.