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HomeMy WebLinkAbout04/26/1979CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 26th, 1979, at 7:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Fitzsimmons, Holton, Kelly and Savanick; Deputy Clerk Mueller ABSENT: None. Mayor Garrison called the meeting to order at 7:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Fitzsimmons, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Holton, seconded by Kelly, approving the minutes of the meeting APRIL 12, 1979 of April 12, 1979, as written. Ayes ' 4 - Nays - 0 (Fitzsimmons MINUTES Abstained). MOTION: of Fitzsimmons, seconded by Holton, including hiring a seasonal street employee and engineering consultant's fee increase on the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CONSENT AGENDA AMEND DIAMOND PATH 5TH AGREEMENT ACCEPT ALIMAGNET SHELTER BUILDING C.O. 1 TO PROJ. 76-10 ALIMAGNET OUTLET RES. 1979-70 AWARD PROJECT 78-9(1) PRELIM. P, EPORT ON CEDAR SERVICE DRIVE MOTION: of Fitzsimmons, seconded by Holton, approving amendments to the Development Agreement for Diamond Path 5th Addition as recommend- ed in the memo dated April 20, 1979. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, accepting the Alimagnet park shelter building from Leibfried Construction and authorizing final payment on the contract. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving Change Order No. 1 to the contract with G & L Contracting for Project 76-10, Ali- magnet Lake Outlet, of an additional $3,118.81 for underground electric service. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. 1979- 70 awarding the contract for Project 78-9(1), North Star Addi- tion utilities, to Austin P. Keller Construction, the low bidder, in the amount of $499,100.00. Ayes - 5 - Nays - 0o MOTION: of Fitzsimmons, seconded by Holton, authorizing the Engineer to prepare a preliminary report on construction of a proposed de- tached service drive west of Cedar Avenue between 138th Street and future County Road 38. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, amending the contract with BONESTRO0, ET AL Bonestroo, Rosene, Anderlik & Associates by approving the new FEE INCREASE hourly fees effective May 1, 1979, as recommended by the City Administrator in a memo dated April 23, 1979. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1979 Page 2 MOTION: of Fitzsi~nmons, seconded by Holton, adopting Resolution No. RES. 1979-71 1979-71 cancelling the $100 surcharge, per SAC unit, for the CANCEL SUR- Cedar Knolls force main diversion Project 78-8 effective May 1, CHARGE 1979. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving a temporary ~on~ sale 3.2 beer license for Lemon Tree Softball Team for June 2 and 3, 1979. Ayes - 5 - Nays - 0. SOFTBALL TEAM BEER LICENSE HIRE NELSON ANIMAL WARDEN MOTION: of Fitzsimmons, seconded by Holton, approving hiring Tony Nelson for the position of Animal Warden at $3.25 per hour as recommended by the Police Chief in a memo dated April 11, 1979. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, approving hiring seasonal HIRE SEASONAL employees for the Golf Course, Park Maintenance, Forestry, EMPLOYEES Swimming and Tennis Programs as listed in memos from Gary Pietig and Mike Bassett dated April 22 and 23, 1979, respectively. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, authorizing recruitment of Police Officers using the same procedures as those used during the last recruitment process. Ayes - 5 - Nays - 0. RECRUIT POLICE OFFICERS MOTION: of Fitzsimmons, seconded by Holton, approving hiring Jeff Swan- HIRE SWANSON son for Street Maintenance at a salary of $3.75 per hour for PARTTIME the summer. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, seconded by Kelly, approving a contract with Public Management.Consultants for promotional procedures for the positions of Lieutenant and'Sergeant in the Police~Depart- ment with the amendment that direct expenses and clerical ex- penses are subject to prior approval of the City Administrator. Ayes - 5 - Nays - 0. CONTRACT FOR POLICE DEPT. PROMOTIONS DISPATCHING FOR LAKEVILLE AND FAILMINGTON MOTION: of Fitzsimmons, seconded by Holton, approving contracts with the Cities of Lakeville and Farmington in the amounts of $350 and $250 per month, respectively, to provide public safety dispatching services for a three-month period of June through August, 1979. Ayes - 5 - Nays - 0. The Council received a status report on the park construction program from Mike Bassett, and discussed holding a joint meeting with the Park Committee before final plans are drawn on the various park projects. The Council received a report on Magnar Tenold Writ of Mandamus petition against the State of Minnesota, Dakota County and Apple Valley related to property affected by pending Cedar Avenue improvements. Jim Sheldon reviewed the report and said the judge will probably set this item for trial and no action is required by the Council at this time. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1979 Page 3 MOTION: of Fitzsimmons, seconded by Holton, to establish a 15-year as- sessment term for ut'ility improvements ~in Chateau Estates 3rd addition which are part of Project 78-6, subject to receiving from Palomino Development Corporation a right of entry onto the lands commonly known as Chateau Estates 3rd Addition for the purpose of constructing utility improvements. ASSESSMENT TERM IN CHATEAU ESTATES 3RD The Council discussed a change in assessment policy of requiring developers to pay assessments in three years. Mr. Gretz explained that Palomino does not want the im- provements now, but they are needed to complete improvements to Heritage Hills 6th and Palomino Woods. Councilmember Savanick asked whether the plat of Chateau Estates 3rd would be filed as it is now approved? Mr. Gretz said any changes in the plat would have to be approved by the Planning Commission and Council. MOTION: Vote was taken on the motion. Ayes - 4 - Nays ~ 1 (Savanick). of Holton, seconded by Fitzsimmons, approving Change Orders 4, 5 and 6 of an additional $1,318.08 to Project 76-12, Pumphouse No. 7, on the contract with Lee Richert Plumbing and that said amount represents the final offer of Apple Valley for the Change Orders. Ayes - 5 - Nays - 0. C.O. TO PROJ. 76-12 PUMPHOUSE NO. 7 SET SPECIAL MEETING MOTION; of Fitzsimmons, seconded by Kelly, setting a special Council meeting at 7:00 p.m. on Tuesday, May 22, 1979, at the City Hall which will replace the second~regular meeting in May. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Holton, adopting Resolution No. 1979-72 RES. 1979-72 designating John Gretz as the delegate and Mayor Garrison as AMM DELEGATES the alternate delegate for the~City to the Association of Met- ropolitan Municipalities. Ayes - 5 - Nays - 0. Councilmember Holton reviewed a proposed ordinance establishing an economic development commission for the City. A draft of the ordinance was distributed at the April 12th meeting. Jim Siemons,'Karen Watland and Will Branning, representing the Chamber of Commerce, were present and Mr. Branning distributed a letter from the Chamber of Commerce requesting an opportunity to review the proposed ordinance before it is passed. Mayor Garrison said the Chamber should review it and, if possible, make a recommendation to the Council by its May 22nd meeting. ' The Council discussed housing finance legislation proposed by Representative Kempe for Apple Valley. Mayor Garrison suggested the Council take no action~on it now. Council- member Savanick agreed and said since the Council has not made a decision on housing, it should not be on record for or against the issue. MOTION: of Holton, seconded by Fitzsimmons, requesting Representative HOUSING BILL ' Kempe to withdraw House File 1068, housing finance legislation H.F. 1068 for Apple Valley. Ayes - 2 - Nays - 3 (Garrison, Kelly, and Savanick). Motion Failed. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 1979 Page 4 Councilmember Kelly reported on interviews held for the position of Finance Director and said Mr. Allen Moore, whom they had recommended be hired, has declined the job offer. Ms. Kelly said she will be discussing this with the City Administrator and they will make a recommendation at the May 10th meeting. Councilmember Savanick said the deadline for any articles for the "Council Table" newsletter is Monday, April 30, 1979. MOTION: of Garrison, seconded by Kelly, changing the starting time of all City Council meetings to 7:30 p.m., for a trial per- iod, beginning with the May 10, 1979, meeting through the end of August, 1979. COUNCIL MEETING STARTING TIME MOTION: of Holton, seconded by Kelly, amending the above motion by starting the meetings at 8:00 p.m. Ayes - 3 - Nays - 2 (Garrison and Fitzsimmons). Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Fitzsimmons). Mayor Garrison said Mr. Kohn of the Zoo has asked him to discuss an amendment to the Planned Development Agreement which would permit the Dairy Queen concessions at the Zoo to sell 3.2 beer and wine by the drink. MOT I0N: of Holton, seconded by Garrison, stating the Council's intent to approve an amendment to the Zoo's Planned Development Agreement which would permit Dairy Queen to apply for on- sale 3.2 beer and on/sale wine licenses. AMENDMENT TO ZOO P.D. AGREEMENT MOTION: of Savanick, NO SECOND, limiting the application to only on-sale 3.2 beer. Motion died for lack of a second. The Council discussed this propoged change and John Gretz said it should be reviewed and would probably require a public hearing. MOTION: of Savanick, seconded by Fitzsimmons, tabling consideration of an amendment to the Zoo's Planned Development Agreement. Ayes - 4 - Nays - 1 (Holton). The Council requested representatives of Dairy Queen to be present at the next meeting to discuss this proposal. Councilmember Savanick said Patricia Wirtanen has been appointed to the Metropolitan Council's Parks and Open Space Commission. Mayor Garrison said the Parks and Open Space Commission will be touring the Lac Lavon area Monday, April 30th, 1979, at 1:30 p.m. and any Councilmembers who want to, may attend also. MOTION: of Kelly, seconded by Holton, to pay the claims and bills, checks numbered 6931 through 6939, 12540 through 12581, 12588 through 12620, 12622 through 12651, 6943 and 8844, in the total amount of $748,111.10. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Kelly, saconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting adjourned at 8:35 o'clock p.m.