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HomeMy WebLinkAbout07/26/1979CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held July 26, 1979, at 8:00 o'clock p.m. at the City Hall. PRESENT: ABSENT: Councilmembers Fitzsimmons, Holton and Savanick; Clerk Asleson. Mayor Garrison and Councilmember Kelly. Acting Mayor Holton 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 Fitzsimmons, seconded by Savanick, approving the agenda for to- APPROVE AGENDA night's meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, approving the minutes of the JULY 12, 1979 meeting of July 12, 1979, as corrected. Ayes - 3 - Nays - 0. MINUTES Councilmember Fitzsimmons presented her letter of resignation to the Council. Council- member Savanick asked whether a deadline on accepting applications for the vacancy should be set and publicized? Holton said he does not believe advertisement is necessary since anyone who is interested would know the vacancy was going to occur from various news- paper articles. The Council agreed the vacancy would be discussed at the next meeting. MOTION: MOTION: of Savanick, seconded by Holton, accepting the resignation of Councilmember Robinette Fitzsimmons effective at 12:00 midnight, Monday, July 30, 1979. Ayes - 3 - Nays - 0. of Fitzsimmons, seconded by Savanick, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. FITZSIMMONS RESIGNATION CONSENT AGENDA VARIANCE TIMBERWICK 5TH RES. 1979-114 HEARING ON PROJ. 79-12 DAN. ELECTRIC ST. LIGHTING AGREEMENT CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, seconded by Savanick, granting variances of seven feet in the rearyard and eight feet in the west sideyard setbacks for a house on Lot 6 of Block 2 in Timberwick 5th Addition as re- commended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1979-114 receiving the preliminary engineering report on Project 79-12, construction of Essex Avenue from 140th Street south for 200 feet, and setting a public hearing on it at 8:30 p.m. on August 23, 1979. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, approving a revised Street Lighting Agreement with Dakota Electric for a period of five years and authorizing the Mayor and Clerk to sign it. Ayes - 3 - Nays MOTION: of Fitzsimmons, seconded by Savanick, approving a transient mer- chant license for Halvorson Paint and Wallpaper for a popcorn wagon on July 27 and 28, 1979. Ayes - 3 - Nays - 0. HALVORSON TRANS. MERCHANT LICENSE CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1979 Page 2 MOTION: of Fitzsimmons, seconded by Savanick, approving a transcient mer- chant license for Advance Promotions to sell coupon books for Pilgrim Dry Cleaning door to door in 1979. Ayes - 3 - Nays - 0. ADVANCE PRO- MOTION TRANS. MERCHANT LIC. MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1979- RES. 1979-115 115 approving special assessment divisions numbered 13060, 13066, ASSESSMENT 13097, 13098 and 13108. Ayes - 3 - Nays - 0. DIVISIONS MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1979-116 approving easements on City-owned property for construc- tion of 140th Street between Cedar Avenue and County Road 33 and confirming the execution of easements numbered 1321, 1322 and 1328. Ayes - 3 - Nays - 0. RES. 1979-116 140TH STREET EASEMENTS WAHL ATTEND NRPA MNTC. SCHOOL HIRE PARTTIME EMPLOYEES MOTION: of Fitzsimmons, seconded by Savanick, authorizing Tom Wahl to at- tend MRPA Maintenance School in Colorado Springs from August 26 through 29, 1979. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savaniak, approving hiring replace- ment parttime and seasonal employees at pay rates effective as listed in the memo from Michael Bassett dated 23, 1979. Ayes - 3 - Nays - 0. The Council received the calendar for 1979 special assessments and 1980 budget scheduling. END OF CONSENT AGENDA ITEMS MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolutions Nos. RES. 1979-117 1979-117, 1979-118, 1979-119 and 1979-120 determining the form TO 120 ON and details of the bonds sold July 12, 1979. Ayes - 3 - Nays - 0. BOND SALE Councilmember Savanick asked whether the park dedication for the Agnes Scott Addition was included in the Scott Highlands subdivisions? John Gretz said the City's records at that time are unclear, but Mrs. Scott's daughter has records in her files in Calif- ornia which she says document this. Mr. Gretz said Orrin Thompson was contacted and he agrees with Mrs. Scott that the land was included for park dedication purposes. MOTION: of Savanick, seconded by Fitzsimmons, approving the agreement and AGNES SCOTT final plat of Agnes Scott Addition and authorizing the Mayor and ADDN. AGREEMT. Clerk to sign the same subject to deleting paragraph 2 of the agree- & FINAL PLAT ment relating to park dedication upon the City receiving copies of the documentation. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, approving the preliminary plat of Nordic Woods 4th Addition, as recommended by the Plan- ning Commission, and directing Staff to prepare an agreement. Ayes - 3 - Nays - 0. NORDIC WOODS 4TH PRELIM. PLAT Carl Stenderson, Liquor Director, was present to review a proposal for a Wine Manager. Councilmember Savanick asked whether this would involve extra compensation if an Assistant Manager is given these duties along with his present duties? Mr. Stenderson said at first this will require extra training and some shifting of duties and perhaps a year from now this will be reviewed. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1979 Page 3 MOTION: of Fitzsimmons, seconded by Savanick, designating David Schilling SCHILLING as Wine Manager for the Apple Valley Liquor Stores effective WINE MANAGER August 1, 1979, it being understood that this designation shall not presently result in any change in salary, Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, approving the job descrip- tion of Wine Manager, as attached to the Administrator's memo of July. 23, 1979, authorizing an expenditure of up to $500 for the balance of 1979 for seminar fees and/or organizational dues for wine training for David Schilling and further authorizing an ex- penditure of up to $1,500 for the balance of 1979 to be used for wine advertising and promotional expenses as may be determined by the Liquor Director. Ayes - 3 - Nays - 0. WINE MANAGER JOB DESC., AD- VERTISING, ETC. Acting Mayor Holton called the public hearing to order at 8:30 p.m. on Project 79-7, improvements in the Hamlet I subdivision, and noted receipt of the affidavit of publi- cation of the hearing notice. Robert Rosene reviewed the proposed improvements for the area, located between Cedar and Pennock'Avenues at 142nd Street. The proposed assessments are $186,200 including $33,900 for trunk storm sewer assessments. Council- member Savanick asked whether this property would be subject to further storm sewer assessments when Cedar Avenue is widened? Mr. Rosene said that is unknown now because there are no plans available for Cedar Avenue in this area yet. Bill Macklin, an attorney representing Mt. Olivet Assembly of God Church, said the Church is concerned about the potential assessments to its property. He said it has its own septic system and well and does not believe it will benefit from sidewalks either. A member of the Church said it is working with Mr. Barth on the road dedica- tion for 142nd Street and does not object to giving the property for the right-of-way. Acting Mayor Holton asked for any further questions or connnents; there being none, the hearing was closed at 8:42 p.m. Acting Mayor Holton explained that the Council would not be taking action on either of the public hearings tonight because four votes are required and only three Council- members are present tonight. Acting Mayor Holton called the public hearing to order at 8:44 p.m. on Project 79-8, improvements in White Oak Ridge Addition, and noted receipt of the affidavit of publi- cation of the hearing notice. Robert Rosene reviewed the proposed sewer, water, street and sidewalk improvements totaling $327,200. He also said several homes, on Lots 16 to 26, asked the cost of extending the sanitary sewer along the rear of their homes and this would be about $1,200 more for each lot if they want this done. Councilmember Fitzsimmons said even though the sidewalks are expensive, they are required in other areas of the City and she questioned setting a precedent by not requiring them. Mr. Asleson said the sidewalks are required in new plats only so this plat would not come under that ordinance. Lynn Johnson said the homeowners in the area have discussed this and they do not want sidewalks included. He also asked if the assessments would be on a front foot basis? Mr. Rosene said yes, they usually are. Mr. Asleson said since this plat has many ir- regularly shaped lots, these assessments might have to be done on a case by case basis to adjust for large lots with small frontage and small lots with large frontage, such as corner lots. John Gretz said if the project is installed, it should either all be done this fall or else all of it done next spring so the road is not torn up through the winter. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1979 Page 4 Mr, Johnson asked if natural gas can be run into the area also? Mr. Gretz said the gas company has been contacted and it will do so and he explained the costs for this. Mr. Johnson also asked if underground electric and telephone can be included? Mr. Gretz said these companies have not been contacted yet, but he will find out. Ted Lopatka asked if the project is necessary. Mr. Rosene said these improvements have been discussed before and people in the area are having problems with their septic sys- tems. Mr. Gretz commented on the difficulty in maintaining the gravel road. A resident of the area said he prefers the gravel road. Warren Bauerfeld said they knew the house had a septic system when they bought it and it is up to the homeowners to maintain them properly. He said the biggest problem is the road because water doesn't drain off it properly. Ernest Lomicka presented a copy of the 1974 report on these improvements and asked Mr. Rosene to comment on it. Mr. Rosene said the 1974 report covered only sewer and water and reviewed the front foot costs in it compared to the present report which is much higher. Councilmember Savanick asked about the road improvements only, similar to those done in the Woods Additions. Mr. Gretz said that was different because there was no devel- opable property to the north, as there is in White Oak Ridge, and it does not abut a lake. Savanick asked if the~improvements could be made without paving the road? Mr. Rosene said it would not be practical because of drainage problems. Henry Zelenka commented on a vote taken by property owners on these improvements. Acting Mayor Molton said the City has recieved a copy of it and it is included in the file. Mr. Asleson also said a letter from Margaret Carland dated July 22, 1979, supporting the improvements has been received. There being no further questions or comments, the hearing was declared closed at 9:15 p.m. MOTION: of Fitzsimmons, seconded by Savanick, denying a request by DENY EBERHARDT Eberhardt Company for an off-site directional sign on the south- SIGN REQUEST east corner of the intersection of Pilot Knob Road and County Road 38 as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Fitzsimmons, denying a request by Barth Development for an off-site directional sign on the northwest corner of the intersection of Cedar Avenue and 142nd Street. DENY BARTH SIGN REQUEST Mr. Barth said he has three developments in the City and no off-site directional signs. The Council said the sign ordinance says these signs may be allowed, but their approval is up to the Council. Vote was taken on the motion. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, passing Ordinance No. BINGO providing for licensing and regulating bingo games, ORDINANCE subject to review of the ordinance of the City Attorney. Councilmember Savanick asked if the Lions Club has been contacted about this ordinance? Mr. Gretz said no it has not. Bill Smith of the Urban Affairs Committee said State law prohibits bingo unless a city ordinance is in effect and that is the reason for the ordinance. The license fees were set to cover the City's costs for the record keeping required by the State. CITY DF 'APPLEiiVALLEY'. Dakota County, Minnesota July 26, 1979 Page 5 MOTION: of Savanick, No Second, tabling consideration of the bingo ordinance for two weeks so it can be reviewed with the Lions Club. Motion died for lack of a second. Vote was taken on the original motion. Ayes - 2 - Nays - 0 (Savanick Abstained). Motion Failed. Ralph Dunkle, of the Fire Department, showed samples of the materials and colors suggested for Fire Stations 2 and 3. MOTION: Of Holton, seconded by Fitzsimmons, approving the exterior wood colors, shingles and gray doors, as selected by the Fire Depart- ment, for Fire Stations 2 and 3. Ayes - 3 - Nays - 0. FIRE STATION MATERIALS ORDINANCE 224 ECON. DEV. COM. TERMS OF OFFICE RES. 1979-121 ECON. DEV. COM. APPOINTMENTS MOTION: of Fitzsimmons, seconded by Holton, passing Ordinance No. 224, amending Ordinance No. 219, Section 4, by changing the terms of office on the Economic Development Commission to two years with the first three terms expiring in January of 1981 and four terms expiring in January of 1982. Ayes - 3- Nays - 0. MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. 1979-121 setting the terms of office for the Economic Develop- ment Commission as follows: Paul Anderson, Jerry Minea and Karin Watland with terms expiring in January of 1981 and Robert Garber, Florence Hughes, Joseph Milbauer and Carl Watrud with terms expiring in January of 1982. Ayes - 3 - Nays - 0. The Council received a list of vacancies on the Commissions and Committees two on the Cable TV Commission, one on,the Human Rights Commission, one on ical Committee and one on the Urban Affairs Committee. which are the Histor- MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1979- 122 appointing Scot Rutherford and Robert D. Novak to the Cable TV Commission for terms expiring August 1, 1982. Ayes - 3 - Nays - 0. RES. 1979-122 CABLE TV COM. APPOINTMENTS RES. 1979-123 AWARD WELL 8 PUMPHOUSE RES. 1979-124 PROJ. 79-9(1) BIDS MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1979-123 awarding the contract for Project 79-1(3), pumphouse for Deep Well 8, tol H~& H Enterprises, the low bidder, in the amount of $91,853.00. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1979-124 approving plans and specificiations for Project 79-9 (1), utility improvements in Hunters Wood, and authorizing ad- vertisement for bids to be received at 2:00 p.m. on August 23, 1979. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, approving a change order to WESTVIEW PARKING the contract with McNamara-Vivant Contracting for Project 78-10 LOT CHANGE ORDER (2) of approximately $21,000 for a blacktop parking lot and path- way at Westview. Councilmember Savanick said some type of barrier should be constructed to prevent cars from driving through the park from the School parking lot. Councilmember Fitzsimmons said Cedar Park School has a similar problem with cars blocking the emergency entrance to the back of the School. Mr. Bassett said he will look into these problems. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1979 Page 6 Vote was taken on the motion. Ayes - 3 - Nays - 0. The Council received a request from the League of Minnesota Cities to identify legis- lative issues which the League's Legislative Committees should discuss. Councilmember Savanick said the law on filling vacancies on the Council for statutory cities should be changed so an appointment is made to fill a vacancy until the next election only and not for the full term. MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1979-125 establishing ice rental rates at the Ice Arena at $48.00 per hour for the 1979-1980 season. RES. 1979-125 1979-80 ICE RENTAL RATE Councilmember Savanick said perhaps the rate should be $50.00 per hour. Mr. Bassett said he believes $48.00 is all right. Vote taken on the motion. Ayes - 3 - Nays - 0. Police Chief Rivers commented on the procedures for conducting the evaluations for the position of Police Lieutenant by Public Management Consultants and said he was very satisfied with them. MOTION: of Savanick, seconded by Fitzsimmons, appointing Bruce Erickson ERICKSON to the position of Police Lieutenant effective July 28, 1979, POLICE LT. at an annual salary of $24,000 and that an eligibility list of unsuccessful candidates shall not be maintained for the future. Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving salary increases of seven percent each for John Gretz effective August 1, 1979, and for Carl Stenderson effective July 15, 1979. Ayes - 3 - Nays - 0. STENDERSON & GRETZ SALARY INCREASES PLAYGROUND LEADER GLADITSCH SHONES TRANS. MERCHANT LIC. RES. 1979-126 STOP SIGNS MOTION: of Fitzsimmons, seconded by Savanick, approving transferring Paul Gladitsch from the position of Building Attendant to Summer Playground Leader effective July 25, 1979, at $3.25 per hour. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, approving a transient merchant license for 1979 for Steven Shones to sell farm produce. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick, adopting Resolution No. 1979-126 authorizing the installation of stop signs on Pennock Avenue at 140th Street and on Foliage Avenue, Flag- Staff Avenue, Floral Court and Flamingo Court all at 132nd Street. Mr. Asleson asked if the Council wanted to consider removal of the stop signs on Garden View Drive at Westview School as has been recommended by the State? Acting Mayor Holton said the item should be considered at the next meeting. Vote was taken on the motion. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 26, 1979 Page 7 MOTION: of Savanick, seconded by Fitzsimmons, adopting Resolution No. 1979-127 granting a variance of up to one foot into the drainage and utility easement along the north line of Lot 2 of Block 6 in Valley Commercial Park 2nd Addition for a building by Elko-Kennedy Properties as recommended by the Planning Commission. Ayes - 3 - Nays - 0. Councilmember Fitzsimmons said she would like to have some type of memoriam for George Hecker put in City Hall similar to what was done for Jean Hecker. MOTION: of Fitzsimmons, seconded by Holton, directing a plaque be prepared as a memorial to George Hecker. Ayes - 3 - Nays - 0. Acting Mayor Holton said he would like Staff to study the feasibility and costs of painting bicycle lanes along some streets where there are no sidewalks or pathways, such as Galaxie Avenue, 147th Street between Cedar and Galaxie and possibly 140th Street. Councilmember Savanick said this study should also include using a different colored paint to designate bicycle lanes. MOTION: of Savanick, seconded by Fitzsimmons, to pay the claims and bills checks numbered 8881 through 8884, 13548 through 13556, 13558 through 13650, 13658 through 13659 and 13661 through 13761, in the total amount of $786,072.63. Ayes - 3 - Nays - 0. MOTION: of Fitzsimmons, seconded by Savanick,'to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 10:35 o'clock p.m.