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HomeMy WebLinkAbout01/25/1979CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 25th, 1979, at 7:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Fitzsimmons, Holton, Kelly and Savanick: Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 7:00 p.m. The Councilmembers and everyone in attendance todk part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Fitzsirmmons, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA JAN. 11, 1979 MINUTES CONSENT AGENDA PRELIM. REPORT ESSEX AVENUE C.O. 1 TO PROJ. 77-12(2) C.O. 2 TO PROJ. 77-12(2) C.O. 2 TO PROJ. 75-89(1) RES. 1979-11 MINNESOTA CITIES WEEK LICENSES & PERMITS BES. 1979-12 911 SYSTEM COSTS MOTION: of Fitzsimmons, seconded by Holton, approving the minutes of the meeting of January llth, 1979, as written. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, removing consideration of a golf course tractor and Project 78-9 to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, seconded by Holton, authorizing the Engineer to prepare a preliminary report on extending Essex Avenue west from Pilot Knob Road to serve the school property. Ayes - 5 - Nays - 0. MOTION:of Fitzsimmons, seconded by Holton, approving Change Order No. 1 to the contract with Minnesota Valley Surfacing for Project 77-12(2) extending the completion date to July 1, 1979, because of the cement shortage. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving Change Order No. 2 to the contract with Minnesota Valley Surfacing for Project 77-12(2) of an additional $7,838.48 for cement and bituminous. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving Change Order No. 2 to the contract with Minnesota Valley Surfacing for Project 75-89(1) extending the completion date to July 1, 1979, because of the cement shortage. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. 1979-11 approving participation in Minnesota Cities Week, February 26th to March 2nd, 1979. Ayes - 5 - Nays - 0. MOTION:of Fitzsimmons, seconded by Holton, approving various 1979 cigarette, off-sale 3.2 beer, service station, refuse haulers, taxi and mobile home park permits and licenses as listed on the attachment. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. 1979-12 related to the proposed 911 System urging Dakota County to either levy taxes for dispatching to those CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 1979 Page 2 communities using County facilities or reimburse those cities having their own dispatching facilities. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, releasing bond number 400 DR 4400-119 guaranteeing improvements in Diamond Path 3rd Addition and accepting bond number 400 DR 4400-246 in the amount of $12,000 in lieu thereof. Ayes - 5 - Nays - 0. DIAMOND PATH 3RD BONDS STENDERSON LIQUOR CONV. MOTION: of Fitzsimmons, seconded by Holton, authorizing Carl Stender- son to attend the National Liquor Stores Convention in New Orleans March 25 to March 29, 1979. Ayes - 5 - Nays --0. END OF CONSENT AGENDA ITEMS Mr. Asleson reviewed City funds available for construction of 140th Street. A total of $1,542,953 is available with $451,835 of that total encumbered to complete 1978 con- struction. This leaves a balance of $1,091,118. The proposed 1979 construction includes 140th Street from Cedar Avenue to Rosemount; County Road 42 from Cedar Avenue to Rosemount; widening Johnny Cake from County Road 42 to 140th Street and widening Johnny Cake from 140th Street to 132nd Street. The estimated total cost of this construction without pathways is $1,085,153. He reviewed the costs of constructing 140th Street with a pathway on one or both sides based on the bids received by Dakota County January 17, 1979. He also said since the cost for improving County Road 42 is an estimate, the actual bids could be higher. He suggested delaying widening of Johnny Cake from County Road 42 to 140th Street to ensure funds would be available for County Road 42. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979-13 concurring with Dakota County in award of a contract for 140th Street construction to McNamara-Vivant Contracting, subject to County Board approval, with no pathways. RES. 1979-13 140TH STREET & PROPOSED 1979 CONST. Councilmember Holton said he would like pathways along 140th Street and perhaps they could be constructed by a separate City contract later. Councilmember Savanick said the City should continue working with the School District as to where the entrances to the new middle school will be so a pathway can be constructed later. She also suggested painting a line on the side of 140th Street to define a bike path. Robert Sandeen, of Dakota County was present, and said the County could do so. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Garrison asked Mr. Sandeen if the proposed County Road 42 improvements can include intersection improvements at Cedar Avenue and County Road 42 and Pennock Avenue and County Road 42? Mr. Sandeen said they have been looking at these intersections and it will depend on the availability of Federal Aid and will be discussing this further with the City. MOTION: of Savanick, seconded by Fitzsimmons, setting an informal SET INFORMAL Council meeting at City Hall on Thursday, February 15th, 1979, MEETING at 8:00 p.m. to discuss tax exempt revenue bonds with repres- entatives of investment banking firms. Ayes - 5 - Nays - 0. Robert Nelson of the Fire Department presented proposals for use of the $6,828.71 remaining from the 1974 bond election proceeds. They would use $4,200 to complete the second floor of Fire Station No. 1; $1,200 for landscaping; $190 for restroom dividers; $50 for a handrail and $400 to construct a room for tool storage. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 1979 Page 3 MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-14 approving the financial report of the 1974 bond election proceeds, appropriating the remaining amount of $6,828.71 for use at Fire Station No. 1, approving the Fire Department's construction plans as presented, and authorizing landscaping work. Ayes - 5 - Nays - 0. RES. 1979-14 1974 BOND FINANCES RES. 1979-15 FIRE DEPT. OFFICERS CARROLLWOOD 4TH AGREEMENT DIAMOND PATH 4TH FINAL PLAT MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1979-15 confirming appointments by the Fire Chief of James Reemts as Fire Marshal; Ralph Dunkle and Richard Tuthill as Assistant Chiefs; Deane Running, Bill Kelly and Carl Wirtanen as Captains; and John Field and Rollie Lindeman as Lieutenants. Ayes - 5 - Nays - 0. Consideration of salaries for Fire Department officers was tabled. MOTION: of Fitzsimmons, seconded by Kelly, approving the Agreement for Carrollwood Village 4th Addition and authorizing the Mayor and Clerk to sign it. Ayes - 5 Nays - 0. MOTION: of Fitzsimmons, seconded by Garrison, approving the Agreement and final plat of Diamond Path 4th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. The Council discussed whether sidewalks are necessary in industrial areas. John Gretz said the Agreement is written without sidewalks, but they could be put in later, if needed, and the cost assessed to the property. MOTION: of Holton, seconded by Fitzsimmons, approving the Agreement with NORTH STAR IND. the inclusion in paragraph 7 of "unless the City proceeds under NO. 1 FINAL Chapter 429" and final plat of North Star Industrial Subdivision PLAT No. 1 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, reappointing the four members whose terms expire to the Planning Commission and delete consideration of using a new appointment procedure. The Council discussed whether this motion was appropriate and the motion and second withdrew. MOTION: of Holton, seconded by Savanick, reappointing the four members whose terms expire to the Planning Commission for two-year terms. MOTION: of Kelly, No Second, amending the above motion by nominating Dorothy Regis to the Planning Commission. Motion died for lack of a second. The Council discussed the fact that everyone should have an opportunity to nominate people for these appointments and the motion and second withdrew. MOTION: of Savanick, No Second, suspending the rules for nominations allowing appointments to be made at this meeting. Motion died for lack of a second. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 1979 Page 4 MOTION: of Holton, seconded by Garrison, adopting a new procedure for making appointments to commissions and committees. The Council discussed the appointment procedure and said it seemed apparent that the majority wanted to reappoint the existing members to the Planning Commission. Mayor Garrison said he had wanted to nominate Donald Romain and Lynn Kline. Councilmember Kelly said she had wanted to nominate Dorothy Regis. The motion and second withdrew. MOTION: of Holton, seconded by Savanick, adopting Resolution No. RES. 1979-16 1979-16 reappointing Michael Chulyak, Ronald Hughes, James PLANNING COM. Ronay and Patricia Wirtanen to the Planning Commission for APPOINTMENTS terms expiring in January of 1981. Ayes - 3 - Nays - 1 (Kelly) Garrison Abstained. MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. 1979-17 reappointing all existing members to the Human Rights Commission, Park Committee, Historical Committee and Urban Affairs Committee. Ayes - 5 - Nays-0. RES.1979-17 COMMISSION & COMMITTEE APPOINTMENTS RES, 1979-18 PARK COM. APPT. MOTION: of Kelly, seconded by Fitzsimmons, dispensing with the rules for nominations and adopting Resolution No. 1979-18 appointing Carolyn Rodriguez to the Park Committee. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:16 p.m. on Project 78-15, Wheaton Pond Outlet, and noted receipt of the affidavit of publication. Keith Gordon reviewed a proposal to install a pumped outlet in a pond near the Wheaton residence east of Johnny Cake Ridge Road, across from the Zoo. John Gretz said he has talked to Charles Lowery who said Dakota County intends to acquire the Wheaton property and make it part of the County Park System. Mr. Gretz said they have looked at digging a trench to the south and building a dike to hold back the water and also building up the Wheaton's road at a total cost of $4,000 to $5,000. He said this alternate should be looked into further and recommends no action at this time. Councilmember Fitzsimmons asked if the Zoo has been informed of this since part of the runoff from the Zoo is contributing to the problem? Mr. Gretz said yes. Mayor Garrison asked for questions from the audience. Mr. Earl Wheaton said he agrees the pump should not be put in and thinks the trench and dike would take care of the problem. He said the water problems are not caused by the level of the pond but by the water washing out his road as it goes into the pond. Mrs. Barbara Linkert said this project is useless because the land in that area has always been low and she will not agree to paying anything for this project. The Mayor asked for any further questions. There were none and the hearing was closed at 8:26 p.m. The Council discussed the proposed park bond referendum questions as presented by the Park Committee. Joe Bell, Chairman of the Park Committee, said the Park Committee has spent a lot of time on the questions and proposals and recommends they be approved. Mr. Asleson said the form of the questions must be reviewed by the bond approving attorneys and the Council can approve the wording of the questions and set the election at its next meeting. MOTION: of Fitzsimmons, seconded by Holton, approving the concept PARK BOND and proposed wording of the three park bond referendum QUESTIONS questions as presented for a March 20th, 1979, election. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 1979 Page 5 Councilmember Savanick asked that a copy of the proposed brochure be put in the Council reading file when it has been drafted. MOTION: of Fitzsimmons, seconded by Holton, authorizing the purchase of GOLF COURSE a tractor for the golf course from Valley Equipment, Inc., for TRACTOR the low quotation of $7,616.50 including a trade-in of the existing tractor. Yes - 5 - No - 0. Councilmember Savanick asked whether the tractor would be available for use by other City departments when not being used at the golf course? Mr. Bassett said yes it would. The Council received the revised 1978 storm sewer plan for the City. The Council agreed it should be scheduled on the February 8th meeting agenda and if Councilmembers have any questions on the plan, they should contact the appropriate staff members. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1979-19 RES. 1979-19 approving plans and specifications for Project 78-11(1), utilit- PROJ. 78-11(1) ies in Carrollwood Village 4th Addition and Sherman Heights, and BID ADV. authorizing advertisement for bids to be received February 28th, 1979, at 2:00 o'clock p.m. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. RES. 1979-20 1979-20 ordering Project 78-9, improvements west of Pilot Knob ORDER PROJECT Road for North Star Industrial Subdivision No. 1. Ayes - 5 - 78-9 Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- RES. 1979-21 21 directing the Engineer to prepare plans and specifications PLANS & SPECS for Project 78-9 to be known as Project 78-9(1) Utility 78-9(1) & (2) Improvements and Project 78-9(2) Street Improvements. Ayes - 5 - Nays - 0. Stan Schaefer, the City's insurance agent, was present and reviewed Police Professional Liability Insurance policies with the Council. He said he has received premium quotations from two companies and is waiting to hear from a third company. The Council asked about a policy with a higher deductible clause and higher coverage. Mr. Schaefer said he could find out what the premiums would be. MOTION: of Fitzsimmons, seconded by Kelly, authorizing the purchase of police professional liability insurance at a premium not to exceed $188.00 per officer and a deductible of $1,000.00. After the Council discussed this insurance further, it asked Mr. Schaefer to obtain the additional information for consideration at the next Council meeting. The motion and second withdrew. Mr. Asleson said he has interviewed two people for the position of Finance Director, but is not yet ready to make a recommendation on hiring one of them. This was tabled until the next meeting. The Council discussed attendance at out of town seminars and conferences by its members. Councilmember Holton said perhaps all of these various conferences should be looked at and if members believe attendance at any is worthwhile, include the fees in future budgets. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 1979 Page 6 MOTION: of Savanick, seconded by Fitzsimmons, authorizing Dianne Kelly KELLY NLC to attend the National League of Cities Congressional Confer- CONFERENCE ence in Washington, D.C., March 3rd to 6th, 1979, with the City paying the registration fee and hotel cost. Mayor Garrison requested a report on the Conference from Councilmember Kelly after she returns. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Holton). MOTION: of Holton, seconded by Fitzsimmons, rescinding Resolution No. 1978-213 and adopting Resolution No. 1979-22 authorizing the issuance of a $900,000 commercial development revenue note for Apple Valley Office Centre. Ayes - 5 - Nays - 0. RES. 1979-22 A.V. OFFICE CENTRE NOTE John Gretz reviewed the proposed route for the Zoo Walk scheduled for May 5th, 1979, and said it has been discussed with representatives of the Zoo. It is planned to begin at the Zoo parking lot and proceed north on Johnny Cake Ridge Road, across Cliff Road and into Eagan, then west to Galaxie Avenue and South on Galaxie Avenue to the Zoo Gate, then east through the Zoo and back to the parking lot. MOTION: of Fitzsimmons, seconded by Savanick, approving the use of ZOO WALK ROUTE Johnny Cake Ridge Road and Galaxie Avenue from the Zoo property to the north for the Zoo Walk on May 5, 1979. Councilmember Kelly said she would like Eagan's approval of this route before taking act- ion. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Kelly Abstained). Councilmember Savanick said any articles for the "Council Table" should be submitted to her by February 1st, 1979. The Council discussed scheduling of the "Council Table" mailing and the park bond brochure. Mr. Bassett said the Park Committee suggested the "Council Table" be mailed February 23rd and the park bond brochure be mailed about March 2nd. Councilmember Holton suggested not putting in an article on sidewalk snow shoveling because the heavy snowfall is causing extremely high banks on the boulevards. MOTION: of Holton, seconded by Kelly, to pay the claims and bills, checks numbered 6889 through 6895, 11542 through 11610 and 11618 through 11681, in the total amount of $514,875.08. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Kelly, seconded by Fitzsimmons, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:52 o'clock p.m.