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HomeMy WebLinkAbout05/29/1980CITY OF APPLE VALLEY Dakota County, Minnesota May 29, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 29th, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Overgard and Savanick; Clerk Asleson. ABSENT: Councilmember Kelly 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 Holton, seconded by Overgard, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Overgard,~seconded by Holton, approving the minutes of the meet- ing of May 8, 1980, as corrected. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, tabling Ice Arena schedule, adding Liquor Department organization revisions to the consent agenda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-59 approving Academy Village Commercial Development Note No. 25 on Lot 13 of Block 3, Academy Village. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-60 approving Academy Village Commercial Development Note No. 26 on Lot 9 of Block 1, Academy Village. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-61 establishing fire lanes at the Minnesota Zoological Garden as shown on Exhibits A and B. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving cigarette and off-sale 3.2 beer licenses for 1980 for Lyons Pride Convenience Store at 207 County Road 42. Ayes - 4 - Nays - 0. Consideration of the schedule for putting ice in the Ice Arena in 1980, 1981 and 1982 was tabled. MOTION: of Overgard, seconded by Holton, accepting Project 78-1, Galaxie Avenue widening, as complete and authorizing final payment to the contractor, Minnesota Valley Surfacing. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, accepting Project 80-3, storm sewer pond expansion on Carroll Farm, as complete and authoriz- ing final payment to the contractor, Richard Knutson, Inc. Ayes ~ 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-62 awarding the contract for Project 80-2(1), Apple Valley East 5th and Kerry Additions Utilities, to C. Wayne Erickson Construction Co., the low bidder, in the amount of $98,246.00. Ayes - 4 - Nays - 0. APPROVE AGENDA MAY 8, 1980 MINUTES CONSENT AGENDA RES. 1980~59 ACADEMY VILLAGE NOTE NO. 25 RES. 1980-60 ACADEMY VILLAGE NOTE NO. 26 RES. 1980-61 ZOO FIRE LANES LYONS PRIDE STORE LICENSES PROJ. 78-1 FINAL ACCEPTANC~ PROJ. 80-3 FINAL ACCEPTANC~ RES. 1980-62 PROJ. 80-2(1) CONTRACT AWARD CITY OF APPLE VALLEY Dakota County, Minnesota May 29, 1980 Page 2 MOTION: of Overgard, seconded by Holton, approving a mileage allowance of $100.00 per month for the Recreation Program Supervisor ef- fective April 1, 1980. Ayes - 4 - Nays - 0. REC. SUPERVISOR MILEAGE ALLOW. RES. 1980-63 LAW00N FUNDS VARIANCE LOT 28, BLK. 4 ' SCOTT H,L. 1ST VARIANCE LOT 17, BLK 8 DIA- MOND PATH 3RD RES. 1980-64 STOP SIGNS MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980- 63 requesting support of legislation to release the 1980 LAWCON funds and restoring the 1981 LAWCON funding level. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, granting a setback variance of 13 feet on the west side of Lot 28, Block 4, Scott Highlands 1st Addition for a house as recommended by the Planning Com- mission. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by Holton, granting a sideyard setback variance of 6 feet on the north side of Lot 17, Block 8, Dia- mond Path 3rd Addition, subject to appropriate erosion con- trol, for a garage addition as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980- 64 ordering the installation of various stop signs as listed in the resolution. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, authorizing issuance of a build- HIGH SCHOOL ing permit for a storage building at the Apple Valley Senior High STORAGE BLDG. School as recommended by the Planning Commission. Ayes - 4 - NaysPERMIT MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-65 RES. 1980-65 amending Resolution No. 1980-2 with regard to the Liquor Depart- LIQUOR DEPT. ment operations and approving job descriptions and organization REVISIONS chart revisions effective May 31, 1980, for the Liquor Department. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving hiring various part- HIRE PARTTIME time and seasonal employees and approving salary increases all EMPLOYEES as listed in the memo from Michael Bassett dated May 23, 1980. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS Bill Pennington was present to comment on ice arena scheduling. He said that the High School girls' tennis regionals could not be held in the arena last year because ice had already been installed and asked that events such as this be kept in mind in future scheduling. The Council received a report on the golf course from Don Herfort. The Mayor said the report should be reviewed by the Staff and the Men's Club should also receive a copy of the report. Comments and recommendations will be received at a future meeting. The Council agreed to put a questionnaire on the golf course in the next issue of the "Council Table" newsletter. A discussion of the golf course will be scheduled on the July 10, 1980 Council meeting agenda. CITY OF APPLE VALLEY Dakota County, Minnesota May 29, 1980 Page 3 The Council received information on park land dedication in the Forest Park development. Mr. Asleson said the City has now received an unrestricted Warranty Deed for the land which will be filed with the Dakota County Re- corder. No further action is required on this. FOREST PARK PARK DEDICATION The Council received revised bylaws of the Fire Relief Association, including benefit changes, as approved by the Association April 7, 1980. On March 27, 1980, the Council granted concept approval of the proposed changes. John Field, of the Fire Department, said the original cost was estimated at $36,860 annually. The updated actuarial survey now shows the annual cost at $33,279. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-66 ap- RES. 1980-66 proving the revised bylaws of the Apple Valley Firemen's Relief FIRE RELIEF Association, including benefit changes, as approved by the Associ- BYLAWS ation, to be effective June 1, 1980. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, appointing Deane Running as Acting Fire Marshal effective June 1 through December 31, 1980, at a salary of $160.00 per month. Ayes - 4 - Nays - 0. RUNNING FIRE MARSHAL COMMITTEE TO REVIEW FIRE DEPT. ORGANIZTN MOTION: of Overgard, seconded by Garrison, appointing a committee consist- ing of Councilmember Savanick, Richard Asleson, and three members of the Fire Department, to be selected by the Fire Department, to review the organization of the Fire Department and report back to the Council by September 15, 1980. Ayes - 4 - Nays - 0. Receipt of resignations from the Park Committee was tabled. Councilmember 0vergard asked Mr. Asleson to send form letters of resignation and return envelopes to the two members who had indicated they were resigning. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-67 approving plans and specifications for Project 80-12, 1980 street seal coating, and authorizing advertisement for bids to be received at 2:00 p.m. on June 26, 1980. Ayes - 4 - Nays - 0. RES. 1980-67 SEAL COATING BIDS The Council discussed a request to remove parking restrictions on the east side of Redwood Drive adjacent to Redwood South Park. The V.A.A. will be using the park for practices and games and parking is limited. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980-68 removing no parking signs on Redwood Drive and establishing a no parking zone along the east side of Redwood Drive from its inter- section with C.S.A.H. 42 to a point 150 feet south of said inter- section. Ayes - 4 - Nays - 0. RES. 1980-68 REDWOOD DRIVE PARKING Jim Sheldon said a variance procedure for the parking ordinance is being proposed which would provide for issuing permits to park in the street PARKING where a hardship is shown. A hardship would be where there are more ve- ORDINANCE hicles at a residence than can be parked in the garage and driveway. A DISCUSSION permit would be issued for one year and would have to be renewed. Mr. Sheldon said he has not yet looked into the legal aspects of this yet, but Wanted to get CITY OF APPLE VALLEY Dakota County, Minnesota May 29, 1980 Page 4 the Council's direction first. He said this would not solve short term parking pro- blems, such as overnight guests, but would help with long range problems. Councilmember Overgard said she is concerned that this might cause paperwork problems. Mr. Asleson said the annual permit would probably not be a problem, but issuing periodic permits would be. William Jacobson was present and said he is not sure there is a parking ordinance. He read the guidelines for ordinances from the League of Minnesota Cities Handbook. Mr. Jacobson said State Law has established uniform regulations for all cities even though a city can adopt a more stringent ordinance than State Law. He said Apple Valley should use only the uniform State regulations. Mayor Garrison said the parking ordinance was passed to protect the health, safety and welfare of the citizens in general. He said he would like to know the results of the pending court case on the parking ordinance before considering the parking permit procedure. It was agreed to table this item until the first meeting following the court decision on the ordinance. Mr. Asleson said the Post Office has advised the City that boulevard trees TREE in the area south of County Road 42 are obstructing traffic and should be TRIMMING trimmed. In 1978, an ordinance was passed providing for the City to trim DISCUSSION boulevard trees and assess the costs to the residence. The reason the costs were assessed is that the long term cost of tree trimming was considered. Because the trees are still quite young, the trimming cost is not significant, but as the trees mature, the cost will increase and special equipment will be required for the trimming. He also noted that tree trimming is hazardous and property owners cannot be required to trim the trees themselves. Mayor Garrison said he is opposed to assessing for tree trimming costs. He said he would like to appeal to people to cooperate and trim the trees themselves where they are able to do so. The Council agreed to put an article in the "Council Table" stating that if trees are not trimmed by July 30, the City would institute assessment procedures to cover the cost of having them trimmed, including appropriate public hearings. John Gretz reported that the first meeting of the Citizens Paratransit Committee will be June 18, 1980, at the Apple Valley City Hall. Appointment of two Apple Valley residents to the Committee should be made before that time. MOTION: of Savanick, seconded by Overgard, appointing Jack Round and Robert PARATRANSIT Merck as Apple Valley's representatives on the Citizens Paratransit COM. APPTS. Committee. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving an Agreement with the City of Bloomington for rental of a "Showmobile" on June 8, 1980 to be used at Diamond Path Elementary School and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays - 0. SHOWMOBILE RENTAL FROM BLOOMINGTON Mr. Alseson said on May 8, 1980, the Council authorized final payment to G. L. Contract- ing for Project 76-10, Alimagnet Storm Sewer Outlet, with a deduction of $2,000 for liquidated damages. The contractor has advised that it will not accept this and the pump company will try to settle for a $1,500 deduction. CITY oF APPLE VALLEY Dakota County, Minnesota May 29, 1980 Page 5 MOTIDN: of Savanick, seconded by Overgard, authorizing the City Adminis- trator to write a letter to Smith & Loveless Pump Company stating the City would settle the contract on Project 76-10 fora deduc- tion of $1,500. Ayes - 4 Nays - 0. MOTION: of Overgard, seconded by Savanick, to pay the claims and bills, checks numbered 9027 through 9035, 17514 through 17614, 17624 through 17659 and 17668 through 17769, in the total amount of $3,427,416.31 Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:35 o'clock p.m. PROJ. 76-10 CONTRACT SETTLEMENT CLAIMS & BILLS