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HomeMy WebLinkAbout01/10/1980CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 10, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: Councilmember Holton. Mayor Garrison called the meeting to order at 8:00 p.m~ The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: Of Kelly, seconded by Overgard, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving the minutes of the regular meeting of December 27, 1979, as written. Ayes - 3 - Nays - 0 (Kelly Abstained). DEC. 27, 1979 MINUTES JAN. 3, 1980 MINUTES CONSENT AGENDA RES. 1980-3 NEWSPAPER RES. 1980-4 1ST STATE BANK DEPOSITORY RES. 1980-5 ADDITIONAL DEPOSITORIES RES. 1980-6 STATE BREATH TEST UNITS AGREEMENT MOTION: of Savanick, seconded by Overgard, approving the minutes of the special meeting of January 3, 1980, as corrected. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adding a resolution on Divine Re- deemer's Ambulance license application to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-3 designating the Dakota County Tribune as the City's official newspaper for 1980. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-4 designating the First State Bank of Apple Valley as the City's official depository for 1980 for payroll and checking accounts and municipal investments. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-5 designating the First National Bank of St. Paul, First Federal Savings and Loan of Hastings, First Federal Savings & Loan of Farmington, Twin City Federal Savings & Loan of Minneapolis and Midwest Federal Eagan Branch as additional depositories for muni- pal investments in 1980. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by 0vergard, adopting Resolution No. 1980-6 approving an agreement with the Minnesota Department of Public Safety for loaning ALERT J3A portable breath test units to the City and authorizing the Mayor and Clerk to sign the agreement. Ayes - 4 - Nays - 0. The Council received a resolution from the City of Rosemount supporting the reconstruction of County Road 42 to a four-lane road in Apple Valley and Rosemount. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 1980 Page 2 MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-7 designating Northwestern National Bank of Minneapolis as a de- pository for municipal investments in 1980. Ayes - 4 - Nays - 0. RES. 1980-7 NW NATL BANK DEPOSITORY ULRICH TRANS. MERCHANT LIC. RES. 1980.-8 REQUEST DIVINE AMBULANCE LIC. APPROVAL RES. 1980-9 STOP SIGN RES. 1980-10 ELIMINATE CEDAR NOISE WALL C.0. 4 PROJ. 78-6(1) FROJ. 78-6(1) FINAL ACCPT. HIRE SKATING INSTRUCTOR MOTION: of Kelly, seconded by Overgard, approving a transient merchant license for 1980 for E.H. Ulrich, solar panel heater sales. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-8 requesting the Metropolitan Council and Minnesota Department of Health to approve the ambulance service license for Divine Re- deemer Memorial Hospital to operate in the Cities of Farmington, Lakeville, Apple Valley and Burnsville. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-9 ordering the installation of a stop sign on 142nd Path at its intersection with Essex Avenue. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-10 supporting the request of Greenleaf II Association Architectural Control Committee to eliminate noise walls on County Road 23 (Cedar Avenue) between 140th and 142nd Streets and retain the existing plantings. MOTION: of Kelly, seconded by 0vergard, approving revised Change Order No. 4 to Project 78-6(1), Chateau Estates 3rd Utilities, of an additional $20,858.19. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving final payment and ac- cepting Project 78-6(1) as final from Barbarossa & Sons. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving hiring Jane Coufal as a skating instructor effective January 12, 1980, at a salary of $7.50 per hour. Ayes - 4 - Nays - 0. MOTION: MOTION: of Kelly, seconded by Overgard, approving revised Change Order No.C.O. 1 PROJ. 1 to Project 78-9(2), North Star Street Improvements, of an ad- 78-9(2) ditional $7,117.50. Ayes - 4 - Nays - 0. of Kelly, seconded by Overgard, approving final payment and ac- cepting Project 78-9(2) as final from McNamara-Vivant Contract- ing. Ayes - 4 - Nays - 0. PROJ. 78-9(2) FINAL ACCFT. RES. 1980-11 ACTING MAYOR END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Garrison, adopting Resolution No. 1980- 11 appointing Councilmember Holton as Acting Mayor for the year 1980. Ayes - 4 - Nays - 0. Councilmember Savanick requested that the Council consider a resolution supporting reconstruction of County Road 42 in Rosemount at its next meeting. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 1980 Page 3 Mr. Asleson reviewed the provisions of the Refuse Ordinance which prohibit trash con- tainers from being placed at curbs. He said he has been asked by refuse haulers whether the City would now consider allowing curbside pickups because of extra energy consumption and increased costs. He also said he had informed the refuse haulers that if curbside pickups were permitted, the City would probably want a system where all refuse in a certain area of the City is picked up on the same day. Mr. Asleson sug- gested this be referred to the Urban Affairs Committee to determine whether curbside pickups should be allowed and if so should it be on an area basis and how should the areas be determined, by bidding, etc. MOTION: of Overgard, seconded by Kelly, referring consideration of the City's REFER REFUSE refuse ordinance to the Urban Affairs Committee on curbside refuse ORD. TO URBAN pickups as discussed. Ayes - 4 - Nays - 0. AFFAIRS COM. Scot Rutherford, Chairman of the City's Cable TV Commission, was present and said the Commission unanimously passed the revised Cable TV franchise ordinance and recommended its approval by the Council. Mr. Asleson reviewed proposed language for Sections 35, 36 and 37 of the ordinance. Jim Sheldon said the penalty clause could cover all sec- tions of the ordinance or only Sections 2 and 30 which address illegal use of the cable system. Mr. Frank Woytek, of Metro Cable, Inc., and his attorney were present and said they did not want the penalty clause to cover all sections of the ordinance, because the City has other remedies, such as termination of the franchise, to control Metro Cable rather than criminal charges in the penalty clause. MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 234 granting ORD. NO. 234 a franchise to Metro Cable, Inc., through January 9, 1988~ for a METRO CABLE cable communications system with Sections 35, 36 and 37 as read. FRANCHISE Ayes ~ 4 - Nays - 0. The Council received the revised park ordinance as recommended by the Urban Affairs Committee. Councilmember Overgard said Councilmember Holton had requested that it be tabled because he has some comments on it. Mayor Garrison said it could be discussed again at the February 14, 1980 meeting. Councilmember Savanick said the disagreement seems to be on the park closing time provisions and the use of alcohol in parks. The Council discussed these sections and Jim Sheldon said the two could be combined in one section; such as prohibiting the use of alcohol after 10:00 p.m. in parks, for easier enforcement. MOTION: of Overgard, seconded by Kelly, tabling consideration of the re- vised park ordinance until February 14, 1980. Ayes - 4 - Nays - 0. TABLE PARK ORDINANCE Councilmember Kelly questioned bids received for street equipment and the fact that the low bid on some of the equipment did not meet the specifications and whether other bids might have been lower also had they not met specifications. John Gretz reviewed the re- commendations on the award and said the two areas where the specifications were not met were insignificant in the use of it and, as the City Attorney's opinion stated, did not provide an advantage to the bidder. Bernie Fink, of Midland Equipment, and Robert Garber, of MacQueen Equipment, were present to comment on their bids. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 1980 Page 4 MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1980- 12 awarding the purchase of street equipment to the low bidders as follows: three trucks, Town's Edge Ford, $55,884; dump bodies and hoists, Midland Equipment, $15,282; plows and wings, Garwood Twin Cities, $22,710; and sanders, Ruffridge Johnson Co., $4,485; for a total of $98,361. Ayes - 3 - Nays - 1 (Kelly). RES. 1980-12 AWARD STREET EQUIPMENT PUR- CHASES Mr. Asleson said he had received notice today that the court has ruled that the ordinance prohibiting parking on the streets between 3:00 and 6:00 a.m., November through March is unconstitutional. Jim Sheldon reviewed the judge's decision on this and said the Council can appeal the decision, but during the appeal there would be no ordinance in effect. He said the Council could pass a new ordinance with a statement of legislative intent and appeal the decision; amend the ordinance into a more satisfactory ordinance or repeal the ordinance entirely. Mr. Sheldon distributed a draft of a proposed ordinance including a statement of intent and prohibiting parking from 3:00 to 6:00 a.m. year around. MOTION: of Savanick, seconded by Garrison, passing Ordinance No. 233, a- mending Ordinance No. 197, by prohibiting parking on the streets from 3:00 to 6:00 a.m. all year and including the reasons for the parking prohibition. Ayes - 2 - Nays - 1 (Kelly) (Overgard Ab- stained). Motion Failed. ORD. NO. 233 PROHIBITING PARKING The Council discussed the parking situation and whether or not the judge's decision on the ordinance should be appealed. Mr. Asleson said the portion of the ordinance prohib- iting parking when snow removal operations are in progress or there are more than two inches of snow on the street can still be enforced, but the court, in previous years, dismissed tickets issued on this basis because of the difficulty of proving these charges. MOTION: of Overgard, seconded by Savanick, to reconsider the above motion to pass Ordinance No. 233. Ayes - 3 - Nays - 1 (Kelly). The motion to reconsider brought the above motion on the floor and a vote was taken on it. Ayes - 3 - Nays - 1 (Kelly). Motion Passed. MOTION: of Overgard, seconded by Savanick, approving hiring Karl Peterson as a basketball referee effective January 8, 1980, at a salary of $12.00 per game. Ayes - 4 - Nays - 0. HIRE BASKETBALL REFEREE Councilmember Overgard asked the Council to consider filling a vacancy on the Urban Affairs Committee and also said she understands the Chairman will be resigning. MOTION: of Overgard, seconded by Kelly, appointing Sharon Schwartz to the SCNWARTZ TO Urban Affairs Committee. Ayes - 4 - Nays - 0. U.A. COMMITTEE Councilmember Savanick said the Fire Department will hold its annual meeting on January 13, 1980, at 1:00 p.m. at Fire Station No. 1 and the Council is invited to attend. She also asked whether new members of the Fire Department should be sworn in by the City Clerk? Mr. Asleson said it is his understanding that this is not required. Mayor Garrison said appointments to the Planning Commission would be made according to the Council's appointment procedures established by Resolution No. 1979-199 and each Councilmember would be given an opportunity to make nominations. The Mayor said nominations for seat number 1 on the Planning Commission were open. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 1980 Page 5 Councilmember Overgard nominated Arleigh Thorberg. There were no other nominations. MOTION: of Overgard, seconded by Kelly, to close nominations for seat number 1 on the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, appointing Arleigh Thorberg to the Planning Commission for a term expiring in January of 1982. Ayes - 4 - Nays - 0. THORBERG TO PLANNING COM. The Mayor said nominations for seat number 2 on the Planning Commission were open. Councilmember Kelly nominated Donald Romain and Councilmember Savanick nominated Erwin Ulrich. There were no other nominations. MOTION: of Overgard, seconded by Kelly, to close nominations for seat number 2 on the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, appointing Donald Romain to the ROMAIN TO Planning Commission for a term expiring in January of 1982. PLANNING COM. Ayes ~ 3 - Nays - 0 (Savanick Abstained). The Mayor said nominations for seat number 3 on the Planning Commission were open. Councilmember Savanick nominated Erwin Ulrich and Mayor Garrison nominated Katherine Weesner. There were no other nominations. MOTION: of Overgard, seconded by Kelly, to close nominations for seat number 3 on the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Garrison, appointing Katherine Weesner to the Planning Commission for a term expiring in January of 1982. Ayes - 3 - Nays - 0 (Savanick Abstained). WEESNER TO PLANNING COM. CLAIMS & BILLS MOTION: of Overgard, seconded by Kelly, to pay the claims and bills, checks numbered 8959, 8962 through 8964, 15894 through 15925 and 15932 through 16014, in the total amount of $1,103,448.57. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:15 o'clock p.m.