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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.