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HomeMy WebLinkAbout12/11/1980CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1980 Minutes of the meeting of the City County of Apple Valley, Dakota County, Minnesota held December 11, 1980, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Garrison; Councilmembers Kelly (attended at 8:30 p.m.), Overgard, and Savanick; Deputy Clerk Mueller. 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 Overgard, seconded by Savanick, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving the minutes of the meet- NOV. 25, 1980 lng of November 25, 1980, as written. Ayes - 3 - Nays - 0. MINUTES MOTION: of Overgard, seconded by Savanick, removing consideration of a rub- bish removal contract to the regular agenda, adding hiring liquor employees and Sports Arena cash fund to the consent agenda, and ap- proving all items on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA THOMPSON DIRECTIONAL SIGN CENTRAL TELE. TRAILER PARKING ORD. NO. 248 BUILDING CODE RES. 1980-159 TAKE JANITOR SERVICE BIDS APPROVE 1981 ON-SALE LIQUOR LICENSES RES. 1980-163 SPECIAL ASSESSMENT DIVISIONS CONSENT AGENDAITEMS MOTION: of Overgard, seconded by Savanick, approving a temporary off-site directional sign for Orrin Thompson Homes to be located on the south side of County Road 42 at Johnny Cake Ridge Road as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, authorizing Central Telephone Company to park a semi trailer on the east side of its building at Garden View Drive and Walnut Lane for a period not to exceed one year. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, passing Ordinance No. 248 adopt- ing the Minnesota State Building Code in the City and repealing Ordinance No. 209. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980-159 approving specifications Yor janitorial services for City-owned buildings and authorizing advertising for bids on the services to be received January 13, 1981, at 2:00 p.m. Ayes - 3 - Nays - 0. MOTION: of 0vergard, seconded by Savanick, adopting Resolutions No. 1980- 160, 1980-161 and 1980-162 granting 1981 on-sale liquor and special licenses for Sunday liquor sales to Apple Place, Inc.; Beef 'N' Brew, Inc.; and Lemon Tree Restaurants, Inc.; respectively. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980-163 approving division of special assessmentsin Carrollwood Village 5th Addition, Hamlet I, Section 22 for Deep Well No. 9 property and the Myers property and part of Lot 4 and 5 of Block 4 of Palomino~ Hills Lakeshore Addition. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1980 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Overgard, seconded by Savanick, approving a transient merchant license for W.M. Industries to sell miscellaneous items in the City in 1980. Ayes - 3 - Nays - 0. of Overgard, seconded by Savanick, approving a nonconservation classification for parcel number 01-11710-030-00 (part of Out- lot C of Apple Valley llth Addition) for tax forfeit sale pur- poses as requested by the Dakota County Board. Ayes - 3 - Nays of Overgard, seconded by Savanick, directing the Engineer to pre- pare a preliminary report on storm sewer improvements in connec- tion with the proposed improvements to Cedar Avenue, from 138th Street to Whitney Drive, and to work with the Dakota County High- way Department on the storm sewer portion. Ayes - 3 - Nays - 0. of Overgard, seconded by Savanick, accepting Project 80-2(1), Apple Valley East 5th utilities, as final from C. Wayne Erick- son and authorizing final payment in the amount of $7,993.94. Ayes - 3 - Nays - 0. of Overgard, seconded by Savanick, approving Change Order No. 2 to the contract with Leibfried Construction for Project 80-10(2), Park Shelter Buildings, in the amount of $326.00. Ayes ~ 3 - Nays - 0. of 0vergard, seconded by Savanick, not to appeal the determina- tion of the State of Minnesota, dated December 3, 1980, that Gary D. Otis, a former City employee who voluntarily terminated his employment on June 7, 1980, is eligible for unemployment benefits. Ayes - 3 - Nays - 0. of Overgard, seconded by Savaniok, approving a promotion to Streets II for Joseph Dorma effective December 1, 1980, with a salary increase of $87.00 per month. Ayes - 3 - Nays '- 0. of Overgard, seconded by Savaniok, approving hiring Tim Langlais for the position of Streets I effective January 1, 1981, at a salary of $1,070.00 per month. Ayes - 3 - Nays - 0. of Overgard, seconded by Savanick, approving promoting Karen Fryxell to the position of Liquor Store Head Clerk effective December 13, 1980, at a salary of $881.00 per month. Ayes - 3 - Nays - 0. of Overgard, seconded by Savanick, approving hiring Phillip Pearsall and Delanie Roy for the positions of Park Improvement Aids at salaries of $4.00 per hour and Paul Horne for the posi- tion of Crew Leader at a salary of $4.50 per hour effective December 15, 1980, under the CETA public service employment project program. Ayes - 3 - Nays - 0. W.M. INDUSTRIES TRANS. MERC. LICENSE TAX FORFEIT LAND CLASSIFICATION CEDAR STORM SEWER PRELIM. REPORT PROJ. 80-2(1) FINAL APPROVAL CHANGE ORDER 2 PARK BUILDINGS OTIS UNEMPLOY- MENT MATTER PROMOTE DORMA TO STREETS II HIRE LANGLAIS STREETS I PROMOTE FRYXELL HEAD CLERK HIRE CETA MAINTENANCE EMPLOYEES CITY OF APPLE VALLEY Dakota County, Minnesota December 11~ 1980 Page 3 MOTION: of Overgard, seconded by Savanick, approving hiring Lizabeth HIRE PARTTIME Abramson as a W.S.I. effective December 1, 1980, at $4.25 per hour REC. EMPLOYEES and Pat Slice as a Basketball Official effective January 6, 1981, at $15.00 per game. Ayes - 3 - Nays - 0. MOTION: .of Overgard, seconded by Savanick, authorizing recruitment for a Maintenance/Laborer for 1981 in the Park and Ice Arena Depart-- ments. Ayes - 3 - Nays - 0. of Overgard, seconded by Savanick, approving deleting the side- walk requirements from the Oak Ridge Park Subdivision Agreement subject to a cash dedication to the Oak Ridge Park Townhouse Association of $4,500.00 by the developer. Ayes - 3 - Nays - 0. MOTION: MNTC/LABORER RECRUITMENT OAK RIDGE PARK SIDEWALK DELETION HIRE WELLS LIOUOR EMPLOYEE RES. 1980-164 SPORTS ARENA PETTY CASH RES. 1980-165 DATA PRIVACY ACT MOTION: of Overgard, seconded by Savanick, approving hiring Otis Wells as a parttime Liquor Sales Clerk effective December 14, 1980, at a salary of $3.20 per hour. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- 164 increasing the amount of the petty cash change fund for the Sports Arena. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of 0vergard, seconded by Savanick, adopting Resolution No. 1980- 165 implementing the Minnesota Government Data Practices Act, appointing George Ballenger as the Responsible Authority and assigning the duties of the Responsible Authority. Ayes - 3 - Nays - 0. The Council received a memo from the City Administrator dated November 26, 1980, notify- ing it that a vacancy exists on the Cable TV Commission. In the same memo, the Council also received a notice that Dowden Communications, Inc., is applying for a cable service territory consisting of the City of Burnsville. The Cable TV Commission received this information at its last meeting and had no comments to make on this notice. The Council had no,comments on this proposal. MOTION: of Savanick, seconded by Overgard, passing Ordinance No. 249, amend- ing Ordinance No. 234, the Metro Cable, Inc., franchise, to comply with the Minnesota Cable Communications Board rules. Ayes - 3 - Nays - 0. ORDINANCE 249 CABLE FRANCHISE AENDMENTS Councilmember Savanick said thought should be given to making use of the public access channels on cable television. Mayor Garrison agreed but said more information on it needs to be considered and an expression of interest in doing the programming, by some group, should be made. MOTION: of Savanick, seconded by Overgard, passing Ordinance No. 250 adopt- ORDINANCE 250 ing and enacting a new Code of Ordinances of the City and providing ADOPT CODE that the Code will become effective Maryc 2, 1981. Ayes - 3 - Nays -- 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1980 Page 4 MOTION: of Overgard, seconded by Savanick, accepting a donation of $600 OPTIMISTS CLUB from the Apple Valley Optimists Club for the BMX track and BMX TRACK authorizing sending a letter thanking them for the donation and DONATION work on the track. Ayes - 3 - Nays - 0. Mike Bassett showed the Council the plaque the Lebanon Hills Golf Course Men's Club was awarded by the Minnesota Public Golf Association for being the 1980 Club of the Year and the Mayor commended them for winning this award. MOTION: of Overgard, seconded by Savanick, approving an agreement for planning consultant services with Urban Planning and Design, Inc., and authorizing the Mayor and Clerk to sign it as recom- mended by the Planning Commission. Ayes - 3 - Nays - O. URBAN PLANNING ,CONSULTANT AGREEMENT SALE OF WOOD FROM PUBLIC PROPERTY McMENOMY & SHELDON FEE AMENDMENT APPOINT GRETZ MWCC ADV. COM. GARBAGE SERVICE AT CITY BLDGS. MOTION: MOTION: of Overgard, seconded by Savanick, establishing a policy on the sale of wood from public property by advertising it for sale to civic groups and organizations only as further described in the memo from Mike Bassett, dated November 24, 1980. Ayes - 3 - Nays - 0. of Savanick, seconded by Overgard, approving an amendment to ~ the Agreement with McMenomy & Sheldon, effective January 1, 1981, that the fee for services shall be $55.00 per hour and the fee for attending Council meetings shall be the hourly rate, not to exceed $150 per meeting. Ayes - 3 - Nays - O. MOTION: of Overgard, seconded by Savanick, appointing John Gretz to re- present the City on the Metropolitan Waste Control Commission's Area 6 Advisory Committee. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving an agreement with Knutson Rubbish Service, Inc., for garbage removal service at City buildings in 1981, for the iow quote of $434.50 per month. (Councilmember Kelly attended at this time.) Councilmember Kelly said because Knutson Rubbish charges an additional fee for picking up refuse outside the containers, its price quotation is not the lowest. She said she had contacted Browning-Ferris and it will not charge an additional amount for picking up such additional refuse. Mike Bassett commented on the good service Knutson Rubbish has given the City during 1980. Larry Knutson was present and explained that of the $109 additional charged in 1980, $54 was for special pickups and the remainder was for additional refuse outside of the containers. The charge for the additional refuse is $2.00 per cubic yard. Vote was taken on the motion. Ayes - 4 - Nays - 0. Consideration of designating additional mileage for the Municipal State Aid Street System was removed from the agenda. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- RES. 1980-166 166 vacating certain drainage and utility easements in that part BOR-NEL EASE- of Valley Commercial Park 2nd Addition replatted as Bor-Nel Ad- MENT VACATION dition and approved by the City Council on December 13, 1979. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 11, 1980 Page 5 MOTION: of Overgard, seconded by Savanick, setting the salary for Wilda Brown, secretary for comm~ission and committee meetings, at $25 for meetings lasting up to 2 hours; $50 for meetings lasting from 2 to 4 hours; and $75 for meetings lasting over 4 hours, effective November 18, 1980. Ayes - 4 - Nays - 0. BROWN SALARY ADJUSTMENT APPT. SCHWARTZ HAZARDOUS WASTE COMMITTEE MOTION: of 0vergard, seconded by Savanick, appointing Sharon Schwartz to represent Apple Valley on the Regional Hazardous Waste Criteria and Siting Committee. Councilmember Savanick asked that Ms. Schwartz write a short summary on the meetings and put a copy in the Council Read File. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, to pay the claims and bills, checks numbered 18620 through 18624, 20226 through 20262, 20273 through 20301, 20303 through 20345 and 20354 through 20439, in the total amount of $288,225.59. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Overgard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:47 o'clock p.m.