Loading...
HomeMy WebLinkAbout04/12/1979CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 12th, 1979, at 7:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Savanick and Kelly (arrived at 7:08 p.m.); Clerk Asleson. ABSENT: Councilmember Fitzsimmons. Mayor Garrison called the meeting to order at 7:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag after which a moment of silence was observed in memory of George Hecker, Chairman of the Urban Affairs Committee, who died April 11, 1979. MOTION: of Holton, seconded by Savanick, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 3 - Nays - 0. Congressman Thomas Hagedorn, Representative of the 2nd Congressional District, was present and commented on current legislatien including proposed Revenue Sharing amend- ments, taxes and inflation and asked what items of concern Apple Valley has at this time. (Councilmember Kelly attended at this time.) Mayor Garrison said he appreciates Congressman Hagedorn's press releases in the local newspapers and in most legislation, would like to see local powers retained by com- munities, counties and states. Councilmember Savanick commented on the need ~or additional Federal road aonstruction funds. Congressman Hagedorn will be holding a town meeting at the Burnsville City Hall at 7:30 p.m. tonight to discuss local issues with area residents. MOTION: MOTION: of Holton, seconded by Savanick, approving the minutes of the MARCH 8, 1979 regular meeting of March 8, 1979, as written. Ayes - 4 - Nays - 0. REG. MINUTES of Holton, seconded by Savanick, approving the minutes of the MARCH 8, 1979 special meeting of March 8, 1979, as written. Ayes - 3 - SPECIAL MINUTES Nays - 0 (Garrison Abstained). MOTION: of Holton, seconded by Kelly, approving the minutes of the MARCH 22, 1979 regular.meeting of March 22, 1979, as written. Ayes - 4 - Nays - 0. MINUTES MOTION: of Holton, seconded by Kelly, including a resolution clarifying Resolution No. 1979-52 on the consent agenda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA A.V. SR. HIGH ADDN. PERMIT VARIANCE AT 296 ELM DRIVE AMEND TRANS UNION P.D. AGMI CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Kelly, approving a building permit for and addition to the Apple Valley Senior High School as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, granting a sideyard setback vari- ance to 10 feet from the County Road 42 Service Drive for a garage addition at 296 Elm Drive as recommended by the Planning Commission. Ayes - 4 - Nays - 0K MOTION: ef Holton, seconded by Kelly, approving an amendment to the Planned Development Agreement for Trans Union 1st Addition CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1979 Page 2 extending the Agreement expiration date from May 2, 1979, to May 2, 1980. Ayes - 4 - Nays - 0. MOTION: MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979- RES. 1979-61 61 awarding the contract for Project 78-12(1), Apple Valley AWARD PROJECT East 4th Addition Utilities, to Fredrickson Excavating, the 78-12(1) low bidder, in the amount of $132,525.31. Ayes - 4 - Nays - 0. of Holton, seconded by Kelly, adopting Resolution No. 1979- 62, amending Resolution No. 1979-52 by awarding Project 79-1, Deep Well No. 8 Construction, to Keys Well Drilling in the amount of $68,830.00 and awarding Project 79-1, Deep Well No. 4 Repairs, to Bergerson Caswell, Inc., in the amount of $4,575.00. Ayes - 4 - Nays - 0. RES. 1979-62 SPLIT AWARD OF PROJECT 79-1 MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979- RES. 1979-63 63 requesting the Commissioner of Transportation to conduct SPEED STUDY ON a traffic speed survey on Garden View Drive between Walnut 3, GARDEN VIEW DR. Lane and Palomino Drive. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979- RES. 1979-64 64 cancelling six checks issued by the City which have not CANCEL OLD CKS. been cashed in the total amount of $93.70. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving transient merchant licenses for Jewel Companies, Inc., for 1979 and for Valley Christian Church for five years and approving five taxicab licenses for Transportation Diversified, Inc., d/b/a/ Valley Taxi and Gopher Cab, for 1979. Ayes - 4 - Nays - 0. TRANS. MERCHANT & TAXI LICENSES HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Kelly, approving hiring parttime employees for the gymnastics program, the golf course and park maintenance at the hourly rates as listed on the memo from the Park Director dated April 9, 1979. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, authorizing Gary Pietig, Ice PIETIG CONF. Arena Manager, to attend the I.S.I.A. National Conference ATTENDANCE in Atlanta, Georgia, May 21 to 24, 1979. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS Mr. Dwight Emberson, of 7425 West 132nd Street, was present and received a plaque from the Police and Fire Departments expressing appreciation to him for removing a child from an apartment fire at Cedar Knolls. John Field and Dick Munson, of the Fire Department, were present to report on the status of fire station construction. Soil borings of the site at 140th and Galaxie showed it will require a large amount of fill before construction can begin. The possibility of moving the site to another corner df that intersection was reviewed, but the Fire Department believes the northwest corner is the most desirable. John Gretz said fill is available from 140th Street construction and estimates excavation and filling would cost $13,000. Mr. Asleson said the funds from the Liquor Fund could be used for this. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1979 Page 3 MOTION: of Holton, seconded by Kelly, authorizing obtaining separate quota- FILL FOR FIRE tions for excavation and filling the fire station site at 140th STATION Street and Galaxie Avenue in a total amount not to exceed $13,000 with money to be transferred from the Liquor Fund if necessary. Mr. Gretz said receipt of bids for the. fire station construction, originally scheduled for April 24, 1979, will be delayed. Vote taken on.the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, passing Ordinance No. 218 rezoning approximately 15 acres at the southeast corner of 140th Street and Pilot Knob Road from M-1 P.D. to B~4 as recommended by the Planning Commission. Councilmember Savanick asked about the balance of the property. Mr. Gretz said it would remain zoned M-1 P.D., but the owner has said. that if this B-4 zoning is approved he would petition~for some type of. multiple zoning without the P.D. Vote taken on the motion. Ayes - 4 - Nays - 0. ORD. NO. 218 REZONE 140TH & PILOT KNOB The Council discussed the proposal for the retail shopping center with a grocery store at the southeast corner of 140th Street and Pilot Knob Road. Councilmember Holton said two driveway accesses on Essex would provide better circulation. MOTION:. of Holton, seconded by, Garrison, approving the.preliminary plat for ~ shopping center at the, southeast'lcorner of 140th Street and Pilot Knob Road a~ recommended by bhe Planning Commission with two driveway accesses on Essex Avenue. Couneilmember Savanick asked about trash storage for the shopping center, Bruce Peterson, of Security Development, and Mr. Nordeen, of Planmark, were present and said all trash storage for the retail stores .will be internal with'the dumpsters self- contained. The Super Valu store will have a trash compactor on the east end of the building which is filled from the inside~ They said ~hey plan to p~int it a dark color, but would consider using some type of cedar siding on it if thi~ could, be worked out. The south property line will have a.fence and~a berm will b~ on the east side. Employee parking will be on the south side of the building and all exterior sides of the building will be finished. Vote taken on the motion. ' AYes v 41- Nays - 0. MOTION: ~of Holton, seconded by Kelly,. approving a ~uilding permit for the shopping center at the southeast corner of 140th Street and Pilot Knob Road subject to plan check by the Building Department. Councilmember Savanick asked about pathways~.'M~. Gretz saidThompson Construction will construct a path along the south side of t40th Street abutting Greenleaf llth and 12th Additions. The shopping center developer will construct a'~path along the south side of 140th Street a~d the east side of Pilot Knob Road on. its property. SHOPPING CTR. PRELIM. PLAT SHOPPING CTR. BLDG. PERMIT Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1979 Page 4 Bob Carlson, of Orrin Thompson Construction, was present and showed sketches of the fourplex units proposed for Palomino Woods on the northeast and southeast corners of 140th Street Jnd Garden View Drive. MOTION: of Holton, seconded by Kelly, approving building permits for 84 fourplex units in Palomino Woods as recommended by the Planning Commission. PAL. WOODS 4-PLAX BLDG. PERMITS Councilmember Savanick asked whether these units will have fireplaces. Mr. Carlson said they can have double fireplaces, one on the main floor and one in the basement, one fireplace or none. Vote was taken on the motion. Ayes 4 - Nays - 0. Councilmember Holton left the room at this time. MOTION: of Kelly, seconded by Savanick, approving the finaI plan and FOREST PARK Development Agreement for Forest Park Second Addition and 2ND FINAL PLAT authorizing the Mayor and Clerk to sign the same. Ayes - 3 - & AGREEMENT Nays - 0. Councilmember Holton returned at this time. John Gretz said the Metropolitan Council held a public hearing on April 12, 1979, on proposed amendments to the Transportation Policy Plan Chapter of the Metropolitan Development Guide and will receive written comments until April 19, 1979. He sug- gested the Council comment on general transportati0n~ ramp configuration and inter- change justification for new development criteria and recommended procedure. MOTION: of Savanick, seconded by Holton, authorizing the Mayor to COMMENTS ON send a letter to the Metropolitan Council commenting on a METRO GUIDE proposed amendment to the Transportation Policy Plan Chap- TRANS. AMENDMT. ter of the Metropolitan Development Guide. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979- 65 ~'increasing utility trunk rates as recommended by the Engfneer in Exhibit A, effective March 1, 1979. Ayes - 4 - Nays -0. RES. 1979-65 INC. UTILITY TRUNK RATES RES. 1979-66 PLANS & BIDS PROJ. 79-2(1) MOTION: of Holton, seconded By Kelly, adopting Resolution No. 1979- 66 approving plans and specifications for Project 79-2(1), Diamond Path 4th and 6th Additions Utilities, and author- izing'advertisement for bids to be received May 10, 1979, at 2:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Nolton, seconded by Kelly, adopting Resolution No. 1979- RES. 1979-67 67 approving plans and specificiations for Project 78-10(2), PLANS & BIDS Carrollwood~Village 4th, Sherman Heights and 142nd Street PROJECT street improvements, and authorizing advertisement for bids 78-10(2) to be received May~10, 1979, at 2:00 p~m. Ayes:- 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1979 Page 5 MOTION: of Holton, seconded by Savanick, approving hiring Judy Finger for HIRE FINGER the position of Secretary effective May 1, 1979~ at a monthly SECRETARY salary of $814.00~ Ayes - 4 - Nays - 0. MOTION: of Savanick~ seconded by Kelly, approving hiring Margaret Walz HIRE M. WALZ for the position of Recreation Supervisor effective'~pril 23, REC~ SUPVR. 1979, at an annual salary of $16,500~ Ayes ~ 4 ~ Nays - 0. ~ MOTION: of Holton, seconded by Savanick, approving hiring Anthony Barrett as a replacement C~.B.T.A. employee at the Golf Course effective March 31, 1979, at $854 per month and Brian Coonce, under C.E.T.A. as a maintenance employee at the Ice Arena effective March ~27~ 1979, at $854 per month. Ayes - 4 - Nays - 0. MOTION: of Savanick, seCo~ded by Holton, approving a promotionfor Rusty GOLF COURSE Rosland to Golf Operations Manager with A sal'ary inc~eas~ of PERSONNEL $148 per month, a promotion for Scott Lockling to Greenskeeper CHANGES III with a salary increase of $67 pec month ahd a promoti0~ f0c . Bruce Laffrenzen to Greenskeeper 1 with a Salary increase of $212, all effective Aprit 1, 1979. Ayes - 4 ~ Nays - 0. The Council discussed the District Court Order directing reinstatement of Steven Kurtz, a suspended police officer, with back pay. The Mayor reviewed the pros and cons of whether the decision shoutd be~appealed to the SUpreme Court and asked the~ Attorney what kind of time frame and legal fees this would involve. Mr. Sheldon said] the time frame would depend upon when it could be scheduled on the court calendar. He also said the legal fees are based on an hourly rate and he could not give an estimate of the cost but it would be expensive~becase of the time involved. The Council discussed the possibility of having Mr. Kurtz work for the City in a capacity other than police officer while waiting for resolution of the felony charges against him. HIRE C.E.T.A. EMPLOYEES MOTION: of. Smvanick, seconded by Holton, adopting Resolution No..1979-68 RES~ 1979-68 appealing the decision of the District,Court requiring the City - APPEAL COURT to reinstate Steven D. Kurtz with back pay and directing the city ORDER ON KURTZ Attorney to proceed as necessary. Ayes - 2 - Nays - 0 (Garrison and Kelly Abstained). Motion Passed. - MOTION: of Kelly, seconded by Holton, reclassifying the present,Police · PERSONNEL CHGS. Department position of Clerk-Typist I to Clerk-Typist II effec- GRAFF & PIHALE rive March 27, 1979, and promoting Janice Graff from Clerk- Typist I to Clerk-Typist II with a monthly salary effective March 27, 1979, of $703 and promoting Susan Pihale from the posi- tion of Accounting Clerk to Sr~ Account~ngClerk-effective June·7, ~" 1979, at a monthly salary of $897. Ayes - 4 - Nays - 0. Mr. Asleson commented on House File 1068, special legislation for Apple Valley author- izing a housing finance program, introduced by Representative Kempe. A hearing was held on this bill and eight other similar bills and one statewide bill April 11, 1979. He said if this bill passes, it would enable Apple Valley to establish a housing finance program. He suggested the Council hold an informal meeting and discuss housing policies before making a recommendation on this bill. CITY OF APPLE VALLEY Dakota County,Minnesota April 12, 1979 Page 6 MOTION: of Kelly, sec6nded by Holton, tabling consideration of House TABLE HOUSING File 1068 for two weeks. FINANCE BILL Mayor Garrison said he would like more information on what the bill could potentially involve. Mr. Gretz said the Metropolitan Council has revised its low and moderate income housing allocations and the Planning commission has not yet reviewed this but will be doing so in the next couple of meetings. (Councilmember Kelly left the room during this discussion.) Vote was taken on the motion. Ayes - 3 - Nays - 0. Councilmember Kelly returned to the room. MOTION: MOTION: of Holton, seconded by Kelly, authorizing printing and mail- 4TH OF JULY lng of a request for donations for the 4th of July Committee MAIL INSERT along with the sewer and water billings. Ayes - 4 - Nays - 0. of Kelly, seconded by Savanick, adopting Resolution No. 1979- RES. 1979-69 69 opposing Senate File 513 and House File 490 eliminating OPPOSE ELIMI- the sale of 3.2 beer 'in Minnesota and permitting grocery NATION OF 3.2 stores, drug stores, gas stations, etc. to sell strong beer. BEER Ayes - 4 - Nays - 0. Councilmember Holton distributed a list of proposed street improvement projects from 1979 to 1982 and said this information was prepared at the request of the Chamber of Commerce. MOTION: of Kelly, seconded by Holton, authorizing distribution of in- C OF C STREET formation of City street improvements from 1979 to 1982 to IMPR. INFO. the Chamber of Commerce. Ayes - 4 - Nays - 0. Councilmember Holton distributed a proposal for an Economic Development Commission for the Council to consider and asked to have it placed on the Council meeting agenda in two weeks. MOTION: of Savanick, seconded by Holton, to pay the claims and' bills checks numbered 6925 through 6930, 12346 through 12362, 12370 through 12426 and 12434 through 12532, in the total amount of $325,560.74. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Holton, to adjourn. Ayes 4 - Nays - 0. The meeting~was adjourned at 9:08 o'Clock p.m.