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HomeMy WebLinkAbout07/28/1977CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 28th, 1977, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Hayes, Fitzsimmons, and Savanick; Clerk Asleson. ABSENT: Councilmember Holton. Mayor Branning called the meeting to order at 7;00 p.m. The Councilmembers and every- one in attendance took Part in the pledge of allegiance to the flag. MOTION: of Fitzsimmons, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Savanick, seconded by Hayes, approving the minutes of the JULY 14, 1977 meeting of July 14th, 1977, as written. Ayes - 3 - Nays - 0 MINUTES (Fitzsimmons Abstained). The Council received the 1977 Budget calendar which includes a Revenue Sharing Budget and the special assessment schedule. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1977- 137 transferring $40,000 of Revenue Sharing Funds to the General Fund as budgeted. Ayes - 4 ' Nays - 0. RES, 197~-137 TRF. REV. SHARING FUNDS MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977- 138 approving a $50,000 Bond written by Western Surety Company with the Clerk'Treasurer as principal. Ayes - 4 ~Nays 0. RES. 1977-138 CLERK'S BOND MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1977- RESOLUTION NO. 139 approving division of special assessments on Parcel No. 1977-139 01-02700-010-03, LaPaz Second Addition, Wildwood Fourth Addition, ASSMT.DIVISIONi Property Underwriter's Addition, and Lot 2 of Block 1 of Apple Valley Commercial Addition. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Fitzsfmmons, adopting Resolution No. RES. 1977-140 1977-140 accepting signal improvements at County Road 42 and ACCEPT SIGNAL Pennock and 147th Street and Cedar Avenue as complete and IMPROVEMENTS authorizing final payment to Dakota County. Ayes 4 - Nay - 0. The Council discussed carrying public officials liability insurance. The City has not had this type of insurance coverage before and its purpose would be to cover items excluded under the City's present insurance The Council asked to have the City's insurance agent present at the next meeting to discuss this further. MOTION: of Hayes, seconded by Fitzsimmons, approving hiring Kevin HIRE PARTTIME Schotzko and Matt Himanga for Seasonal Malntenance at $3.25 PERSONNEL hourly and Dan Seeman and Robert McKay for GrOundskeepers at $3.00 hourly Ayes - 4 Nays - 0. Duane Barth requested tWo directional advertising signs for the lots for Sale in the Heritage Hills area. He would like to have the signs in front of the model home in Heritage Hills First Addition. John Gretz said the ordinance permits this type of advertising when the signs are located on private property up to a maximum of I00 square feet in size. The signs are permitted in construction areas until the area is CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1977 Page 2 75 percent occupied, but the question is does it mean 75 percent of the subdivision or 75 percent of the entire development? The Council agreed it should be 75 percent of the subdivision and Heritage Hills First Addition is more than 75 percent occupied. If Mr. Barth puts the signs in the Second Addition, he does not need approval of the City Council because thac will be within the provisions of the ordinance. Consideration of the annual review for Carl Stenderson, Liquor Director, was tabled. MOTION: of Savanick, seconded by Branning, granting a sign variance SIGN VARIANCE for an advertising sign and a cross at 145th Street and Cedar A.V. ALLIANCE Avenue on the Apple Valley Alliance Church property for two CHURCH years or until they are granted a building permit as recommended by the Planning Commission. MOTION: of Hayes, seconded by Fitzsimmons, amending the above motion by granting the variance for the sign only and not the cross. Ayes - 3 - Nays - 1 (Savanick). Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, granting a setback variance to 10 feet from the rear lot line and to 20 feet from the 142nd Street side lot line at 14189 Glazier Avenue for a detached garage as recommended by the Planning Commission. 14189 GLAZIER GARAGE VARIANCE The Council and petitioner discussed the reasons for the variance request and it was noted that he could add 14 feet to the garage on his house without a variance. Vote was taken on the motion. Ayes - 1 - Nays - 3 (Branning, Fitzsimmons, and Savanick). The Council received the Planning Commission's recommendation to deny a variance for self-service gasoline pumps at the PDQ Store in the Diamond Path Center, east of Pilot Knob Road. The Mayor asked the Council for a motion to grant the variance. There was none and the Mayor declared the variance denied. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution 1977-141 RES. 1977-141 setting a public hearing on the application of Apple Place, APPLE PLACE Inc. for an on-sale liquor license, at the Apple Place Bowling LIC. HEARING Alley, on August llth, 1977, at 7:30 p.m. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, authorizing the Engineer to PRELIM. REPORT prepare an amended preliminary report for Project 76-13, impro- PROJECT 76-13 vements in the Longridge Development southeast of Whitney and Garden View Drives. Ayes - 4 - Nays - 0. Mr. Asleson reviewed past discussions of extending water and sewer improvements along Pennock from Valley Commercial Park 2nd Addition to 140th Street to serve a proposed development (Domestic Gardens) north of t40th Street. Arthur Eaton, who owns the property north of t40th Street and east of future Pennock, was present and said he is requesting the utility extensions now because he plans to plat some of the property east of future Pennock into single family home lots. If both properties were developed together, he feels the cost of the improvements would be easier to bear. The property west of future Pennock is owned by Cottle-Herman and they objected to the improvements last year, but Mr. Eaton felt, since they were closer to developing their property, CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1977 Page 3 they might not object as strongly now. Mr. Asleson suggested getting updated inform- ation on the cost of the improvements before the Council considers this further. MOTION: of Fitzsimmons, seconded by Savanick, authorizing the Engineer to prepare an amended preliminary report for Projects 76-6 and 76-8, improvements for Pennock from Valley Commercial 2nd Addn. to 140th Street and for proposed Domestic Gardens. Ayes - 4 - Nays 0. MOTION: of Savanick, secondedby Hayes, adopting Resolution No. 1977- 142 receiving the Engineer'spreliminary report for sidewalks on Whitney Drive to the Cedar Park School, Project 77-8, sett- ing a public hearing for August 25th, 1977, at 8:00 p.m. and excluding Townhouse 4th Addition from the assessment proceedings and paying for the small portion of sidewalk north of Whitney Drive with alternative funding. Ayes - 4 - Nays - 0. PRELIM. REPORT PROJECT 76-6 & 76-8 RES. 1977-142 WHITNEY SIDE- WALK HEARING MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1977- 143 directing the Engineer to prepare plans and specifications for Project 77-8. Ayes - 4 - Nays -0. RES. T977-143 PROJECT 77-8 PLANS & SPECS RES. 1977-144 AWARD BIDS PROJECT 77-2 RES. 1977-145 BID ADV. PROJECT 77-1 MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1977- 144 awarding the contract for utility improvements in several subdivisions, Project 77-2, to Encon Utilities, the low bidder, in the amount of $498,589.00. Ayes - 4 - Nays - 0. MOTION:of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1977- 145 approving thespians and specifications for Project 77-1, Hayes Road and Woods Additions improvements, and authorizing advertisement for bids to be received August 29th, 1977, at 2:00 p.m. The Council discussed moving a hydrant in front of one of the homes along Hayes Road and it was agreed that this could be done by change order to a project, if the Council believed the cost was reasonable, after reviewing estimates. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1977- 146 approving the plans and specifications for Project 77-2(2) (Part 1), street improvements in Heritage Hills Third and Palomino Hills Seventh Additions and authorizing advertisement for bids to be received August 29th, 1977, at 2:00 p.m. Ayes - 4 - Nays - 0. RES. 1977-146 BID. ADV. PROJECT 77-2(2) RES. 1977-147 HERITAGE 4TH IMPR. HEARING MOTION:of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1977- 147 receiving the Engineer's preliminary report for improvements in Heritage Hills 4th Addition, Project 77-6, and setting a public hearing for August 25th, 1977, at 8:15 p.m. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1977- 148 directing the Engineer to prepare plans and specifications for Project 77-6. Ayes - 4 - Nays - 0. RES. 1977-148 PROJE~77-6 PLAIqS &' SPECS. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1977 Page 4 The Council received the 1976 Fire Department Report on:Call Statistics. MOTION: of Savanick, seconded by Fitzsimmons, approving a transient merchant license for a popcorn wagon at Halversen Paint & Wallpaper on July 29th, and 30th, 1977. Ayes - 4 - Nays - 0. Mike Bassett said since the Council discussed a Joint application by the City and School District under the Outdoor Recreation Grant Program, at its July 14th meeting, he has found out that funding is only available for tennis courts. The application has been prepared for two tennis ceurts plus one basketball court. He has been discussing the construction of two additional courts, using other funding, with the SchoOl District. TRANS. MER.LIC. HALVERSEN PAINT MOTION: of Savanick, seconded by Hayes, adopting Resolution No. 1977- 149 concurring with School District 196's application for Out- doorAthletic Court Development Grant for two tennis courts and one basketball court. Ayes - 4 - Nays- 0. RES.1977-149 SCHOOL OUTDOOR REC.GRANT APP. The Council discussed layout and scheduling of the "Council Table" newsletter. MOTION: of Hayes, seconded by Fitzsimmons, to pay the claims and hills, CLAIMS & BILLS checks numbered 3878 through 3897, 5432 through 5499 and 5502 through 5581, in the total amount of $1,947,613.10. Ayes 4 - Nays - 0. Mr. Dennis Franson, petitioner for the garage variance at 14189 Glazier Avenue, requested further discussion of his request. He said he remeasured the lot and if the detached garage were constructed with a 30-'foot setback from the rear lot line, the driveway would line up with the driveway entrance to City Hall. He felt this would not be as desirable as having the garage ten feet from the rear lot line and the driveway ·offset from City Hall's. The Mayor said the Council has made its decision and he still has room to expand his present garage without a variance. MOTION: of Fitzsimmons, seconded by Hayes, to adjourn. Ayes - 4 - Nays - 0. The meeting adjourned at 8:54 o'clock p.m.