HomeMy WebLinkAbout12/28/1978CITY OF APPLE VALLEY
Dakota County, Minnesota
December 28, 1978
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held
December 28th, 1978, at 7:00 o'clock p.m.
PRESENT: Mayor Branning; Councilmembers Hayes, Holton, and Savanick (attended at 7:20
p.m.); Clerk Aslesono
ABSENT: Councilmember Fitzsimmons.
Mayor Branning 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 Holton, seconded by Hayes, approving the agenda for tonight's APPROVE AGENDA
meeting as amended. Ayes - 3 - Nays - 0.
MOTION: of Holton, seconded by Hayes, approving the minutes of the DECEMBER 14, 1978
meeting of December 14th, 1978, as written. Ayes - 3 - Nays - 0.MINUTES
MOTION:of Holton, seconded by Hayes, approving all items on the consent CONSENT AGENDA
agenda with no exceptions. Ayes - 3 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Holton, seconded by Hayes, granting a variance for a rearyard VARIANCE 202
setback of 18 feet to construct a detached garage at 202 County CO. RD. 42
Road 42 as recommended by the Planning Commission. Ayes - 3 -
Nays - 0.
MOTION: of Holton, seconded by Hayes, directing the Engineer to prepare
a preliminary report on construction of Deep Well 8 and inspec-
tion and repairs of Deep Well 4, Ayes - 3 - Nays - 0.
PRELIM. REPORT
DEEP WELL 8
AWARD CONTRACT
PROJ. 76-10
MOTION:of Holton, seconded by Hayes, adopting Resolution No. 1978-219
awarding the contract for Project 76-10, Lake Alimagnet Outlet,
for Part I only to G. L. Contracting, the low bidder, in the
amount of $113,152.00. Ayes - 3 - Nays - 0.
The Council received a memo from John Gretz on snow removal procedures stating it will be
residents' responsibilities to keep mail boxes clear of snow.
MOTION:of Holton, seconded by Hayes, approving a revised schedule for
Planning Commission meetings which will hold one regular meet-
ing a month on the first Wednesday of the months of February,
March and April in 1979. Ayes - 3 - Nays - 0.
PLANNING COMM.
MEETINGS
REg. 1978-220
STREET SWEEPER
MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-220
awarding the purchase of a diesel driven pickup street sweeper
to MacQueen Equipment, Inc., the lowest bidder meeting spec-
ifications, with a trade-in of a sweeper for a net price of
$42,150.00. Ayes - 3 - Nays - 0.
END OF CONSENT AGENDA ITEMS
Robert Sandeen and Gary Erickson of Dakota County were present to review County Road 40
improvements. Mr. Erickson distributed drawings showing channelization for left turn
lanes on both 44 and 52 foot wide streets. He explained that left turn lanes are accom-
modated adequately on either width and if separate right turn lanes were to be built,
the street would have to be wider than 52 feet.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 28, 1978
Page 2
Councilmember Holton asked about some type of turning lanes on County Road 42 at its
intersections with Garden View Drive and Pennock Lane? Mr. Sandeen said such a request
should be presented to the County and it would be reviewed and, if feasible, presented
in the budget request to the County Board. (Councilmember Savanick attended at this
time.)
The Council said it understands the turning movements proposed for County Road 40 now
and agrees 52 foot wide intersections are not necessary. Mr. Sandeen said bids for
the project will be received January 17, 1979.
Don Anderson of Palomino Development was present to comment on the request for a cash
payment to the City, in lieu of sidewalks, for Palomino Hills Sixth Addition Replat.
His comments consisted of points of disagreement with Mr. Asleson's letter of December 8,
1978, outlining the history of Palomino Hills Sixth Addition Replat and the Council's
May 25, 1978, amendment to the Agreement for that subdivision eliminating sidewalks but
requiring a cash payment of $14,660. He said he did not believe sidewalk was included
on Herald Circle but only on 131st Street and Palomino did not include the cost of
sidewalk on the lots on Herald Circle. He said Palomino would pay $8,730 for the
sidewalk on 131st Street and in the Chateau Estates subdivision, but not the additional
$10,250 for Herald Circle. Anderson submitted a letter to the Council outlining his
position.
Mayor Branning said the Council did not waive requirements contained in the Agreement
for Palomino Hills Sixth Addition Replat at the May 25, 1978 meeting, but required
cash instead. He asked for a motion to amend the May 25th, 1978, action. There was
none, and the May 25, 1978, action stands. Councilmember Hayes said if Mr. Anderson
can document his costs incurred to Alexander Construction because the Council stopped
sidewalk construction last spring, he would be willing to allow it as a deduction from
the $10,250. Mr. Anderson said Palomino Development will not pay the $10,250.
MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1978- RES. 1978-221
221 directing the City Attorney to commence litigation to PALOMINO SIDE-
collect $10,250 from Palomino Development for Palomino Hills WALK PAYMENT
Sixth Addition Replat. Ayes - 4 - Nays - 0.
John Gretz reviewed the final draft of the proposed sign ordinance and said he believes
the business community agrees with it now and it does contain a provision for certain
variances, but with very definite restrictions. The Council discussed when nonconform-
ing signs should be brought into conformance, and what the variance fee should be.
MOTION: of Hayes, seconded by Savanick, passing Ordinance No. 213
regulating signs, providing that when 100 percent of the sign
area of a nonconforming sign is replaced it must conform
unless the replacement is 100 percent identical and setting
the variance fee at $150.00. Ayes - 4 - Nays - 0.
ORDINANCE 213
SIGNS
FINAL PLAT
ZOO
WEAPONS RANGE
MOTION: of Hayes, seconded by Savanick, approving the final plat of
the Minnesota Zoological Garden and authorizing the Mayor
and Clerk to sign it. Ayes - 4 - Nays - 0.
MOTION: of Holton, seconded by Hayes, approving the proposal for a
weapons range at the Public Works Garage site, to be located
south of the building, and authorizing the expenditure of up
to $3,000 for this purpose.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 28, 1978
Page 3
The Council said regulations on use of the weapons range should be written by Staff and
brought back to the Council for approval.
Vote was taken on the motion. Ayes - 4 - Nays - 0.
MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1978-
222 authorizing final payment to W & G Rehbein Brothers, Inc.,
for golf course construction in an amount not to exceed $31,000
as recommended by the City Attorney. Ayes - 4 - Nays - 0.
RES. 1978-222
REHBEIN
SETTLEMENT
MOTION:of Savanick, seconded by Hayes, adopting Resolution No. 1978-223 RES. 1978-223
approving the five-year capital improvement program for munici- 5-YEAR STREET
pal state aid streets. Ayes - 4 - Nays - 0. PROGRAM
The Council received a memo from John Gretz concerning American Legion Post 1776 at 7700
West 147th Street related to zoning and building code matters. Mr. Asleson said the
Legion is pursuing bringing the building into conformance with the codes and the Council
agreed to table this item.
MOTION: of Hayes, seconded by Savanick, approving 1979 on-sale 3.2 beer
licenses for China Doll, Inc.; Mr. D's Pizza; Pizza Huts of
the Northwest, Inc.; American Legion Post 1776; Village Pizza
Parlor; Paul Anderson, d/b/a Apple Rollerway; and Lebanon Hills
Country Club. Ayes - 4 - Nays - 0.
1979 ON-SALE
3.2 BEER
LICENSES
The Council received the 1978 Forestry Program Report and tabled discussion for a future
date.
MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-224
establishing the 1979 salary policies and approving fringe
benefits as recommended by the City Administrator.
RES. 1978-224
1979 SALARY
POLICY
Mr. Asleson commented that the overall salary increases comply with the voluntary wage
program of seven percent increases.
Vote was taken on the motion. Ayes - 4 - Nays - 0.
MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1978-
225 requesting Governor Quie to appoint Willis Branning to the
Metropolitan Council representing District 15. Ayes - 4 - Nays
RES. 1978-225
BI, INNING MET.
COUNCIL APPT.
Mayor Branning commented on his years as Councilmember and Mayor and thanked all those
with whom he has worked.
MOTION: of Holton, seconded by Hayes, to pay the claims and bills, CLAIMS & BILLS
checks numbered 6873 through 6879, 11278 through 11361 and 11368
through 11406, in the total amount of $1,399,668.10. Ayes - 4 - Nays - 0.
MOTION: of Brenning, seconded by Hayes, to adjourn. Ayes - 4 - Nays - 0.
The meeting adjourned at 9:47 o'clock p.m.