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HomeMy WebLinkAbout06/28/1979CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held June 28th, 1979, at 8:00 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 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA JUNE 12~ 1979 MINUTES MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the meeting of June 12th, 1979, as written. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the JUNE 19, 1979 Board of Review meeting of June 19th, 1979, as written. Ayes - 5 - MINUTES Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adding Well 8 and 1979 street seal coating plans, McNamara-Vivant agreement, Inspector II re- classification and response on Apple Villa proposal to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Fitzsimmons, accepting as final the Lee PUMP HOUSE 7 Richert Plumbing and Heating contract for Pumphouse No. 7, Project FINAL 76-12, in the final amount of $88,033.08, including approved change ACCEPTANCE orders and authorizing the disbursement of the final payment. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- 97 approving plans and specifications for Deep Well No. 8 Pump- house and authorizing advertisement for bids to be received July 26, 1979, at 2:00 p.m. Ayes - 5 - Nays - 0. RES. 1979-97 PUMPHOUSE 8 PLANS & BIDS RES. 1979-98 SEAL COAT SPECS & BIDS MCNAMARA-VIVANT TEMP. PONDING AGREEMENT C.O. 1 TO WELL 4 PUMP REPAIR MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- 98 approving specifications for 1979 street seal coating and authorizing advertisement for bids to be received July 19, 1979, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving an Agreement for temporary ponding of storm water with McNamara-Vivant Contract- ing at $250 per year. Ayes - 5 - Nays - 0, MOTION: of Holton, seconded by Fitzsimmons, approving Change Order 1 to the contract with Bergerson-Caswell, Inc., for Well No. 4 pump repair for an additional $2,184.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1979 Page 2 MOTION: of Holton, seconded by Fitzsimmons, approving a transient merchant UMPIRES TRANS. license for Suburban Umpires Association for a softball tournament MERCHANT on July 14 and 15, 1979, at Westview. Ayes - 5 - Nays - 0. LICENSE MOTION: of Holton, seconded by Fitzsimmons, authorizing Michael Bassett to attend the National Recreation and Park Association annual congress in New Orleans from October 27 to November 1, 1979. Ayes - 5 - Nays - 0. BASSETT NRPA CONGRESS RES. 1979-99 POLICE CHIEF REIMB. AGENT MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- 99 authorizing the Police Chief to act as the City's agent for making application to the State for reimbursement funds related to police officer training programs. Ayes - 5 - Nays - 0. The Council received a report from the Police Chief on traffic control arrangements for the Apple Valley Summer Classic to be held July 7, 1979. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- RES. 1979-100 100 approving division of special assessments for Fischer-Land ASSMT. DIV. Holding property, McNamara-Vivant--City Well property, Levine Subdivision. Sherman Heights and Palomino Woods. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- 101 ordering installation of a stop sign on 134th Street Court at its intersection with Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. RES. 1979-101 STOP SIGN RECLASSIFY INSPECTOR II RIpPENTROP TO STREETS II HIRE PARTTIME EMPLOYEES LETTER TO HUD ON APPLE VILLA SOUTH DEV. MOTION: of Holton, seconded by Fitzsimmons, approving reclassification of Job No. 46, Inspector II from salary range 31 to salary range 35, effective July 2, 1979. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, promoting Rodney Rippentrop to the position of Streets II with a salary increase of $134.00 per month effective June 5, 1979. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving hiring the recrea- tion, utilities, golf and liquor parttime employees at salaries listed on the memo dated June 22, 1979, from Michael Bassett. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, authorizing the Mayor to send a letter to HUD stating the City is in favor of the proposed 55- unit Apple Villa South development, to be located north of Cedar Park School. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS Mayor Garrison reviewed the history of the section of Ordinance No. 197 prohibiting park- ing on the streets between 2:00 and 6:00 a.m. and the fact that the enforcement of the ordinance has been declared unconstitutional by the court. He reviewed several options for amending the ordinance. No. 1 - Permit five-minute parking between 2:00 and 6:00 a.m. except for emergency medical situations and new constuction areas. No. 2 - Permit five minute parking between 2:00 and 6:00 a.m. from November 1 through March 31 with the medi- cal and new construction considerations. No. 3 - Same as option 1 except parking is CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1979 Page 3 prohibited from 3:00 to 6:00 a.m. No. 4 - Same as option 2 except parking is prohibited from 3:00 to 6:00 a.m. No. 5 - Same as options 1 or 3, but provides for issuance of three, three-day, on-street parking permits per address during the period April 1 through October 31. Mayor Garrison said he prefers option 2 because most of the problems with on-street park- ing occur during winter months. Councilmember Savanick said on-street parking is a pro- blem year around and she prefers option 5 because it provides for on-street parking on certain occasions. Councilmember Fitzsimmons said none of the options solve the problem of families with three or four cars and those cars are there year around. She also said she believes the ordinance should be in effect all year. Councilmember Kelly said she would agree with option 2, but would also like to look at a calendar parking option. Councilmember Holton said he was asked to consider the option of selling on-street parking permits on an annual basis. Police Chief Rivers said he had polled the police officers and most of them are in favor of retaining the ordinance, but said it could be amended to read that no unattended ve- hicles could be parked on the streets and that any variances should be approved by the Council. He also listed the officers pros and cons on the ordinance, one of which is the time involved if the ordinance were to be strictly enforced. Al Schackman, Walnut Lane, said he does not want to have to call the Police Department to request permission to park on the street and be asked if he is going to enlarge his garage or driveway. He also said the City's parking problems could be resolved by strengthening the snowbird ordinance. Don Andrusick, Ellice Court, said the City should adopt snow emergency procedures as Minneapolis and St. Paul do and allow parking on the streets after the snow has been plowed. · Ron Liggett, Ellice Court, said adopting a permit system would only create more paper- work and agreed a more effective snowbird ordinance would solve parking problems. Bob Garber, Lower Hamlet Court, said he thinks the parking ordinance is good and helps with crime prevention and should be retained as option 1. Al Schackman said a parking permit system causes the Police Department to make judge- ments on parking requests and a snowbird ordinance should be used instead. Councilmember Holton commented on the need for rules restricting certain freedoms to obtain cost effectiveness and promote safety. Mr. Schackman also said teenagers who work need cars and they are not luxuries. John Vryens, Everest Avenue, said he is against the parking restrictions .in the ordinance and agrees with having a snowbird ordinance only. Bill Smith, Greening Drive, said he does not believe the Police Department should be spending a lot of time patrolling residential areas just to enforce the parking ordinance. Councilmember Fitzsimmons asked why the parking ordinance seems to cause a hardship seven months of the year and not the other five? Mr. Schackman said it is not a hardship, his family can live with it~ but ~t. is the principle of .restricting parking when he doesn't believe it is necessary. Mr. Vryens agreed with Mr. Schackman. Mr. Andrusick said a snowbird ordinance should not be in effect continuously during the winter months, only when it is snowing and streets have not yet been plowed. Councilmember Kelly said more teenagers are working during the summer months and use cars than during the winter months and this adds to the parking problems. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1979 Page 4 MOTION: of Kelly, seconded by Savanick, tabling further consideration of TABLE the parking ordinance for two weeks. Ayes - 5 - Nays - 0. PARKING Mayor Garrison called the public hearing to order at 9:28 o'clock p.m. on Project 79-6, construction of Pennock Avenue from future County Road 38 to 138th Street and 138th Street from Pennock to Cedar, and noted receipt of the affidavit of publication of the hearing notice. Robert Rosene reviewed the proposed improvements to be done in con- junction with Cedar Avenue improvements as a detached service drive. The total cost is $322,000 with $151,800 paid by the State of Minnesota. The City's cost will be as- sessed to benefitting property owners. Mr. Hall was present and asked for a copy of the engineering report; he was given one. Tom Heiberg asked what the construction schedule is? Mr. Rosene said the State would like to begin as soon as possible in order to use the road as a by-pass during Cedar Avenue construction. Councilmember Savanick asked if a five-ton~ street would be adequate for a by-pass? Mr. Rosene said if the State uses the street as a by-pass, it would have to be a nine-ton road and the State would pay the additional cost of the street. At 9:37 p.m. Mayor Garrison continued the hear- ing until July 12, 1979, so City staff can discuss the proposed improvements with all affected property owners. The Mayor said discussion of the snow shoveling ordinance would be tabled, since those persons interested in it were no longer in attendance at the meeting. The Mayor said it would be discussed when a recommendation is received from the Urban Affairs Com- mittee which was requested to report to the Council by September. The Council received the preliminary engineering report on Project 79-10, utility im- provements for Pennock Avenue from future County Road 38 to 138th Street and 138th Street between Pennock and Cedar. Joe Milbauer, representing the Optimists Club, was present and said the Club would like to construct a non-motorized bicycle track (BMX) and maintain it at no cost to the City in Cedar Knolls Park. Mike Bassett said the Park Committee has approved of the pro- posal. MOTION: of Kelly, seconded by Savanick, authorizing the Optimists Club OPTIMISTS to construct a non-motorized bicycle track in Cedar Knolls Park. BMX TRACK Councilmember Savanick questioned access to the park by children and said that perhaps stripes designating bicycle lanes should be painted along Galaxie Avenue. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Council reviewed the Hunters Mood proposal, north of Palomino Drive at Garden View Drive. Mayor Garrison suggested adding a stipulation in the Agreement that no building permits be issued for the three lots along Palomino Drive until either future County Road 38 or 140th Street is constructed to County Road 11. Councilmember Savanick said the lots should not be built on until Palomino Drive is downgraded to a collector street. Councilmember Kelly said if turnarounds are provided on the driveways for the three lots, they will not cause traffic problems on Palomino Drive. MOTION: of Savanick, seconded by Holton, approving the Development Agree- HUNTERS WOOD merit and final plat of Hunters Wood 1st Addition with the three 1ST PLAT lots on Palomino Drive shown as Outlot A. CITY OF APPLE VALLEY Dakota County~ Minnesota June 28, 1979 Page 5 Mr. Asleson said the developers.should be aware that the completion of 140th Street may not be done for several years because of the cost and that construction of future County Road 38 is also uncertain. Roger Derrick said they would prefer tying development of the three lots to the road construction so they would not have to come back to the Council to replat the Outlot. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Garrison and Kelly). MOTION: of Holton, seconded by Kelly, approving the Development Agreement HUNTERS WOOD and final plat of Hunters Wood 2nd Addition and authorizing the 2ND PLAT Mayor and Clerk to sign the same. Ayes - 5 ' Nays - 0. The Council received the preliminary engineering report on Project 79-9, improvements in Hunters Wood. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1979- 102 receiving the petition for Hunters Wood improvements, waiv- ing a public hearing on said improvements and ordering Project 79-9. Ayes - 5 - Nays - 0. RES. 1979-102 ORDER PROJECT 79-9 RES. 1979-103 PROJ. 79-9 PLANS & SPECS MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979- 103 directing the Engineer to prepare plans and specifications for Project 79-9 with the exception of improvements to Outlot A of Hunters Wood 1st Addition. Ayes - 5 - Nays - 0. Dr. Harold Bergquist of School District 196 was present to review the building permit for ScOtt Highlands Middle School. John Gretz said the school entrance will be at Essex Avenue with right turn only access to Pilot Knob Road. Dr. Bergquist said there will be a pathway along 140th Street on the School property. MOTION: of Kelly, seconded by Holton, approving a building permit for Scott Highlands Middle School, at the southwest quadrant of Pilot Knob Road and 140th Street, as recommended by the Plan- ning Commission. Ayes - 5 - Nays - 0. MIDDLE SCHOOL BUILDING PERMIT Mr. Bob Naatjes, representing the Mormon Church, said they have requested a determination on whether a foodstuffs canning operation is permitted use in an 1-2 zoning district. He said their proposal is for a regional welfare service warehouse and afood canning facil- ity in Apple Valley Industrial Park, east of Lamperts. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-104 determining that a foodstuffs canning facility is a permitted use in an I-2 zoning district under Subdivision 18, paragraph B(2)(a), of Ordinance No. 162. Ayes - 5 - Nays - 0. RES. 1979-104 I-2 ZONE USE SET MEETING WITH PLAN. COM. MOTION: of Kelly, seconded by Savanick, setting a special joint meeting with the Planning Commission at 7:00 p.m. on July 11, 1979, at the City Hall to discuss the Housing Section of the Comprehen- sive Plan. Ayes - 5 - Nays - 0. Mr. Renard of Midwestern Relay was present to request a building permit for a 20 by 16 foot building at the base of the Palomino Water Tower. The Company has a lease agree- ment with the City for the site and the existing building will remain. The City will CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 1979 Page 6 continue to use the existing building for its radio equipment. The new building will also be fenced. MOTION: of Holton, seconded by Fitzsimmons, approving a building permit MIDWESTERN for Midwestern Relay at the Palomino Water Tower site subject to RELAY BLDG. review of the plans by the Building Department. Ayes - 5 - Nays - PERMIT 0. MOTION: of Holton, seconded by Kelly, approving the application of Amer- ican Legion Post 1776 for a license to display intoxicating li- quor, authorizing the Mayor and Police Chief to sign it and ' approving its submission to the Minnesota Liquor Control Commis- sioner. Ayes - 5 - Nays - 0. LEGION SET-UP APPLICATION MOTION: of Holton, seconded by Kelly, approving the 1979 dance permit ROLLERWAY for Apple Rollerway and the application for a license to dis- DANCE PERMIT play intoxicating liquor, authorizing the Mayor and Police Chief & SET-UP APP. to sign it and approving its submission to the Minnesota Liquor Control Commissioner. Ayes - 5 - Nays - 0, Mike Bassett reviewed a preliminary application for LAWCON/LCMR grant funds for develop- ment of Farquar Lake Park. The application is for $191,445 and a determination would be made by September on whether it will be approved and if it would be for 50 or 75 percent. MOTION: of Fitzsimmons, seconded by Kelly, approving the preliminary ~ application for LAWCON/LCMR grant funds for Farquar Lake Park and authorizing its submission to the State Planning Agency and Metropolitan Council. Ayes. - 5 - Nays - 0. PRELIM. LAWCON APP. FOR FARQUAR MOTION: of Savanick, seconded by Kelly, authorizing the City Attorney AUTO. PRINT to settle a lawsuit with Automated Print Shop for $400.00. SUIT SETTLE- MENT Councilmember Fitzsimmons said even though it may be financially more feasible to settle some suits out of court, she does not like backing down when we believe we are right. Vote taken on the motion. Ayes - 4 - Nays - 1 (Fitzsimmons). Jim Sheldon reported that he and Mr. Asleson met with Mr. Severson, Steven Kurtz's attorney, today and discussed testing procedures. He said this may be resolved in a few days, but the back pay question will probably take longer. Consideration of Economic Development Commission appointments was tabled. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-107 approving the Western Surety Company $50,000 Bond in favor of the City with the Apple Valley Clerk-Treasurer, Richard G. Asleson, as principal. Ayes - 5 - Nays - 0, RES. 1979-107 CLERK-TREAS. BOND STATE FORESTRY AGREEMENT MOTION: of Holton, seconded by Savanick, approving a supplemental/ amended agreement with the State of Minnesota for additional 1978 Shade Tree Program funds in the amount of $4,457.56 and authorizing the Mayor and Clerk to sign it, Ayes - 5 - Nays - 0. CITY OF-APPLE VALLEY Dakota County, Minnesota June 28, 1979 Page 7 MOTION: MOTION: MOTION: of Fitzsimmons, seconded by Kelly, adopting Resolution No, 1979- 105 requesting Dakota County to approve a change order with McNamara-Vivant Contracting for County Road 40 to lower the road grade east of Galaxie Avenue, at no additional cost, and extend the contract completion date to October 15, 1979. Ayes - 5 - Nays - 0. of Kelly, seconded by Holton, adopting Resolution No. 1979-106 awarding the contract for Project 78-12(2), Apple Valley East 4th Street Improvements and Wheaton Pond Dikes, to McNamara- Vivant Contracting, the low bidder, in the amount of $85,780.00 Ayes - 5 - Nays - 0. of Kelly, seconded by Savanick, approving a temporary on-sale 3.2 beer license for the Apple Valley Jaycees on July 4, 1979, at Westview. Ayes - 5 - Nays - 0. Councilmember Fitzsimmons said she and her family will be moving from Apple Valley in early August and she will give the Council a definite date when it is known. Mayor Garrison read a letter from Gayle Kincannon which said the MTC staff will be con- tacting the City soon and will be replacing the plexiglass panels on the bus shelter at County Road 42 and Garden View. Mayor Garrison read an invitation from the Fire Department challenging the Council to a waterball fight on the 4th of July. The Council declined the invitation. Councilmember Savanick said the intersections of Garden View Drive and Pennock with County Road 42 should be repaired and crosswalks painted on County Road 42. Mr. Gretz said he is already in the process of obtaining price quotations for the repair work, and he will contact the County about the painting. Savanick also asked if the County would install a flashing light on County Road 42 warning of the approaching intersection at Garden View? Mr. Gretz said the County has been reviewing this intersection and is con- sidering adding a turning arrow to the traffic signal. MOTION: of Kelly, seconded by Holton, directing the Street Department to lower the berm at the northeast corner of the intersection of 147th Street and Pennock Avenue, to improve visibility. Ayes - 5 - Nays - 0. Councilmember Kelly left at this time. Councilmember Savanick asked whether Ordinance No. 197, Section 3, Subdivision 4, no parking 2:00 to 6:00 ap,m., is being enforced by the Police Department at this time? Mr. Asleson said no it is not. MOTION: of Holton, seconded by Fitzsimmons, to pay the claims and bills, checks numbered 8861 through 8863, 8865 through 8869, 13114 through 13197, 13204 through 13325 and 13332 through 13425, in the total amount of $1,140,376.29. Ayes - 4 ~ Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:10 o'clock p.m.