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HomeMy WebLinkAbout02/22/1979CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 22nd, 1979, at ~7:00 o'cIock p.m. at the City Hall. Present: Mayor Garrison; Councilmembers Fitzsimmons, Holton; Kelly and Savanick; Clerk Asleson. Mayor Garrison called the meeting to Order at 7:00p.m The .Councilmembers and everyone in attendance took part in the Pledge. of allegiance to the flag MOTION: of Holton; seconded by Fitzsimmons, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes -5 - Nays ~ 0. MOTION: of Fitzsimmons, seconded by Savanick, approving the minutes . FEBi_8.'i1R79 of the meeting of February 8th, 1979, as corrected. Ayes - 4 - MINUTES Nays - 0. (Holton Abstained). CONSENT AGENDA MOTION: of Fitzsimmons, seconded by Garrison, approvingall items on the consent agenda and the development agreements and tabling consideration of recruitment of a secretary. Ayes -.5 - Nays -~0..' Consent Agenda Items MOTION: of Fitzsimmons, seconded by Garrison, approving Development DEVELOPMENT Agreements and final plats for Apple Valley East Fifth AGREEMENTS Addition, Apple VaIley:East Sixth Addition Diamond Path Fifth Addition and Diamond Path Sixth Addition and authorizing · the Mayor and Clerk to sign the seme. Ayes - 5 - Nays - 0. MOTION:of Fitzsimmons, seconded by Garrison, granting sideyard Setback . SIDEYARD variances to 6 feet 8 inches on Lot 1.and 7 feet On Lot 2 0f VARIANCES Block 3 in Cobblestones L on the garage side of the duplexes. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Garrison, adopting Resolution No. RES. 1979-34 1979-34 setting a public hearing at 8:00 p.m. on March 22, 1979, EASEMENT VACA- to consider vacation of a.drainage and utility easement in . tion HEARING Palomino Hills Lakeshore Addition. Ayes - 5 - Nays - 0. MOTION: Of Fitzsimmons, seconded by Garrison, adopting.Resolution No. (RES.1979-41 1979-41 requesting additional 1978-79 Local Planning Assistance . 1978~79 PLAN- Grant Funds in the emount of $4,217.00 from the Metropolitan Coun- NING GRANT cil and authorizing the Mayor and Clerk to sign the Agreement Amendment. Ayes - 5 - Nays - 0. MOTION: OF Fitzsimmons, seconded by Garrison, approving change orders CHANGE~ORDERS to the contract with Fischer Construction for Project 77-5(1) PROJ. 77-5(1) as follows No. 1 add $4,595.00, No.' 2'add $1,100~00, No. 3 add $2,130.00, N0. 4 add $864.00 and No. 5 add .$915.00 as recommended~ . by the Engineer. Ayes. 5, Nays 0. MOTION: of Fitzsimmons, seconded by Garrison, approving Change Order No. 1 C.O. 1 to to the contract with Fischer Construction for Project 77-2(2) of PROJ. 77-2(2) an additional $3,825.00. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1979 Page 2 MOTION: of Fitzsimmons, seconded by Garrison, accepting~ as final Project FINAL ACCEP- 77-1, Hayes Road and Woods Addition Streets, and Project 77-2(2), TANCE PROJ.77-1 Heritage Hills Third and Palomino Hills Seventh Additions Streets, & PROJ~77-2(2) and authorizing final payment. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Garrison, authorizing final payment for CITY HALL ADDN. the City Hall construction contracts to Gilbert Construction in FINAL PAYMENT the amount of $4,568.00, to Grendahl Mechanical in the amount of $3,000.00 and to. St. Martin Electric in the amount of $500.00, said. amounts representing the unpaid balances on their contracts, incl- uding change orders, in the amounts.of $456,805.00, $161,440.00 and $95,707.00, respectively. Ayes - 5- Nays - 0. The Council received the 1978 police Report MOTION: of Fitzsimmons, seconded by Garrison, adopting ResolutionNo. 1979- PRES. 1979-35 35 appointing judges for the special park bond election on March APPOINT ELEC- 20,1979, as listed, Ayes -5 - Nays - 0. TION JUDGES MOTION: of Fitzsimmons, seconded by Garrison, adopting Resotution No.1979-~ RES. 1979-36 36 thanking Schaak Electronics, Mark Neiger and David Larson for the SCHAAK RADIO donation of 10 CB radios to be used by the Police and Fire Depart- DONATION ments. MOTION: OF Fitzsimmons, seconded iby Garrison, adopting Resolution No. 1979~. RES. 1979-37 37 amending Resolution. No~ 1978-66 by increasing .the .City. Hall CITY HALL Petty Cash Fund to $250.00. Ayes , 5 , Nays - 0. ' PETTY CASH MOTION: of Fitzsimmons, seconded by Garrison, adopting Resolution No. 1979- RES. 1979-38 38 authorizing installation of a stop sign on Hopewell Lane at STOP SIGN its intersection wi.th Lowell Drive. Ayes. - 5 ~ Nays ~ 0. ~ MOTION: of Fitzsimmons, seconded by Garrison, authorizing Joyce Viveiros SEMINAR ATTNDCE. to attend a February 28, 1979, Data Privacy Seminar in Rochester, VIVEIROS Minnesota, .Ayes ~ 5 ~ Nays ~ 0. Consideration of recruitment of a secretary was tabled. MOTION: of Fitzsimmons, seconded by Garrison, setting a special meeting on SET BOARD OF June 19,1979, at 7:00 p.m. at the City Hall for the 1979 Board REVIEW.MEETING of Review Meeting. Ayes - 5 0 END OF~ CONSENT AGENDA ITEMS Discussion of Zoo related topics with Mr. Edward Kohn was tabled because Mr. Kohn was out of town. Mr. Asleson said staff has reviewed the sidewalk.snow shoveling ordinance and recommends it be repealed, but the City should continue to plow sidewalks leading to schools. Jim Sheldon commented that the City's liability occurs when the City attempts to do something. but does not carry through with it; in this case, not enforcing the snow shoveling ordinance strictly in all cases. Councilmember Fitzsimmons said she is against repealing this ordinance because unshoveled sidewalks force children to. walk. in the streets. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1979 Page 3 The Council discussed.the.difficulty of enforcing the snow shoveling ordinance this because of the extreme amount of snow. MOTION: of Holton, seconded by Garrison, passing Ordinance No.. 214 ~repeal- ORDINANCE~214 ing ordinances requiring removal of snow and ice from sidewalks REPEAL SNOW ~ by property owners. Ayes- 3 -Nays.- 2 (Fitzsimmons and Savanick).' SHOVELING~ Dick Munson .and, John Field of the Fire Department were.present and John Gretz reviewed the site plan for the two new fire station's. He said they are .asking for.Council approval of the building locations now so curb cuts for the.driveways can be made. MOTIOM: ~ of Savanick,~ seconded by Kelly, approving site locations for the' FIRE STN.SITE two fire stations as presented~ .... ~ .~. ~ LOCATIONS Councilmember Holton asked why the building at Galaxie and 140th ~Street is-not located closer to 140th Street? Mr. Gretz said the proposed location ~is the highest area of the site and the other part of the site requires a lot of fill. Vote was taken on the motion. Ayes - 5 - Nays - 0. Craig Minea presented plans for Award Realty's office, buildings.on the Southeast corner of County Road 42 and Pennock. He said it is a two-story building, about 18 feet 8 inches in height. He also said, for comparison, the Firestone Store east of it :is 17 feet high. MOTION: of Fitzsimmons, seconded by Savaniek, approving a building permit. AWARD REALTY for Award Realty's office building on Lot 1 of Block 1 of Apple BLDG. PERMIT Valley Square Second Addition as recommended by the Planning.· Mr. Minea said the driveway entrance for this building will be near the Firestone driveway. The Council discussed sidewalk on Pennock and said sidewalk for the entire commercial area should be addressed in the future. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Council discussed a proposed ordinance licensing coin-operated food vending and · amusement machines. Section 4 should include that licenses will be issued by the City Clerk. Mr. Asleson asked whether vending machines owned by the City and School District should be exempt. The Council said no, the purpose of the license is for health reasons and all machines should be inspected. MOTION: of Fitzsimmons, seconded by Garrison, passing~Ordinance No~215~ licensing and regulating vending machines and coin-operated amusement devices as recommended by the Urban Affairs Committee. Ayes - 5 - Nays - 0. ORDINANCE 215 VENDING MACHINE~ John Gretz asked the Council to table consideration of participation in the National Flood Insurance Program until the next meeting. He said he will be receiving information on a new program for providing flood insurance which would allow immediate participation and not require the City to submit a map for approval. Jim Carlson of 136th Street Court was present and commented on water damage to his house during the summer of 1978. He said he would like to be able to buy flood insurance to help protect his property. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1979 Page 4 MOTION: of Fitzsimmons, seconded by Holton;adopting~Resolution No.~1979- RES~1979-39 39 setting a public hearing on improvements for Diamond Path 4th PROJ. 79-2 Addition Project 79-2 at 8:00 p.m. on March 22, 1979, as recommended HEARING by the Engineer. Ayes -15 , Nays~ 0. . Mr. Asleson explained that the:Cities in Dakota County would like a change in the state laws permitting the Cities to levy for road and bridge apportionments. Present legis- lation provides that Dakota County levy for this and may distribute it to the Cities. The Change would increase the levy limits of the Cities and lower the levy limit of the County, but the spendable dollars would not change. ~. : MOTION: Of Fitzsimmons, seconded by Hollton, adopting- Resolution No. 1979~40 RES.1979-40 supporting legislation which would reduce :the levy limit Of Dakota ROAD & BRIDGE County and increase the levy limit of each City in Dakota County ALLOCATIONS for. road :and.: bridge :apportionments and requesting Dakota County . to support this also.: Ayes - 5- Nays -:0': MOTION: of Fitzsimmons, seconded by Savanick, setting a special joint meeting between the Planning Commission and City Council to review the Comprehensive plan at 7:30 p.m. on Thursday, March 15th, 1979, at the City.Hall. Ayes ~ ~5 - Nays , 0. . CoUncilmember Fitzsimmons said she has volunteered to work with the League of Cities on data privacy legislation and would like to attend the seminar in Rochester for additional information, i ~ MOTION: of Savanick, seconded by Kelly, authorizing Councilmember Fitz- simmons to attend a February 28,1979, Data Privacy Seminar In Rochester, Minnesota. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded, by Kelly, :setting 'a special meeting to dicuss tax exempt revenue bonding for housing after the regular City Council meeting on March 8, 1979. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, to pay the claims and bills, checks numbered '6905, 6906., 11850. through 11907 and 11914 ' throUgh 12010, in the total amount of $251,985.32. Ayes - 5- .Nays ~i 0~ MOTION: of Holton, seconded by Savanick, to adjourn. ;Ayes ~ 5 - Nays -,0;~ The .meeting was adjourned~a 8:12~o'clock p.m; JOINT PLANNING COUNCIL MEETING SEMINAR ATTEND FITZSIMMONS SPECIAL C0UNCI~. MEETING CLAIMS & BILLS