Loading...
HomeMy WebLinkAbout04/13/1978CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1978 Minutes of the meeting of the City Council fo Apple Valley, Dakota County, Minnesota held April 13th, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Clerk Asleson. ABSENT: None Councilmembers Fitssimmons, Hayes, Holton and Savanick; Mayor Branning called the meeting to order at 7:04 p.m. The Councitmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Fitzsimmons, approving the agenda for to- night's meeting as amended. Ayes - 5 Nays - 0. APPROVE AGENDA MARCH 23, 1978 MINUTES MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the meeting of March 23rd, 1978, as written. Ayes - 4 Nays - 0 (Hayes Abstained). MOTION: MOTION: of Holton, seconded by Fitzsimmons, approving the consent agenda CONSENT AGENDA with no exceptions. Ayes - 5 Nays - 0. CONSENT ITEMS of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978-48 directing the Engineer to prepare plans and specifications for util- ities, streets and sidewald improvements in Apple Valley East Third Addition. Ayes - 5 Nays - 0. RES. 1978-48 PL~MS & SPECS A.V. EAST 3RD MOTION: of Holton, seconded by Fitzsimmons, approving hiring Sharon Taylor for the position of Account Clerk effective May 1, 1978, at $654.00 per month. Ayes - 5 Nays - 0. HIRE ACCOUNTIN CLERK MOTION: of Holton, seconded by Fitzsimmons, authoris'ing Gary Pietig to atten~RETiG ICE the Ice Skating Institute of America annual conference in Las Vegas, ARENA CONF. Nevada~ May 7th through !lth~ 1978. Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving hiring Brenda Sens~ ~ HIRE PART TIME Karen Wefel, Tim Moynihan, Brian Moynihan, Diane Monitor, Mark Wiard,PERSONNEL Laura Anderson, Scott Powell and Eva Serrano at $2.40 hourly and Elaine Hensel at $3.50 hourly as swimming instructors; Carol Lofness at $2.30 as a locker attendant; Sandra Reiter at $8.00 per session as bowling program coordinator; and Mark Boe, Carl Rosenvold and Mark Merriman at $3.00 hourly for golf maintenance; and approving rate changes for Deanne Karie to $2.45 hourly and Lynn Grantham to ~2o40~ Ayes - 5'Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, approving hiring Thomas J. Love~PART TIME lace and Jean M. Meyer at $2.50 hourly as part time liquor store sales clerks effective April 15, 1978. Ayes - 5 Nays - 0. LIQUOR PERSONN~ MOTION: of Holton, seconded by Fitzsimmons, authorizing three members of thesTATE FIRE Fire Department to attend the Minnesota State Fire Department Con- ASSN. CONV. vention. Ayes - 5 Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 12, 1978 Page 2 MOTION: of Holton, seconded by Fitzsimmons, approving purchases of addition- al City Hall office equipment in the amount of $972.21 from Business Furniture, $839.87 from General Office Products and $325.56 from Business Furniture. Ayes - 5 Nays - 0. PURCHASE OFFICE EQUIP. MOTION: MOTION: of Holton, seconded by Fitzsinm]ons, adopting Resolution No. 1978-49 receiving the Engineer's preliminary report for improvements in the Cobblestones area, Project 77-12, and setting a public hearing at 8:00 p.m. on May llth, 1978, on it. Ayes - 5 Nays -0. of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978-50 approving plans and specifications for utility improvements in the balance of Academy Village, Project 75-89(2)~ and authorizing adver- tisement for bids to be received May 25th, 1978, at 2:00 p.m. Ayes - 5 - Nays - 0. RES. 1978-49 PROJ. 77-12 IMPR. HEARING RES. 1978-50 ACADEMY VILLAGE UTILITY BIDS MOTION: MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No~ 1978-51 ordering Project 77-11, Garden View Drive street improvements adjacent RES. 1978-51 to Longridge. Ayes - 5 Nays - 0. ORDER PROJECTS 77-11 of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978-52 directing the Engineer to prepare plans and specifications for Project RES. 1978-52 77-11, Garden View Drive street improvements abutting Longridge, and PLANS & SPECS. an overlay on Garden View Drive from Westview School, north, to PalominBROJ. 77-11 Drive; all to be combined with street improvements in Academy Village and known as Project 75-89(1). Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978-53 directing the Engineer to prepare plans and specifications for 1978 street seal coating. Ayes - 5 Nays - 0. RES. 1978-53 SEAL COATING MOTION: of Holton, seconded by Fitzsimmons, authorizing the Engineer to pre- pare a preliminary report on utility and street improvements for Lots PRELIM. REPORT 2 to 11 of Block 6, Lots 2 to 16 of Block 5 and Lots 2 to 5 and 18 to FARQUAR HILLS 37 of Block 3 in Farquar Hills Addition. Ayes - 5 Nays - 0. IMPROVEMENTS The Council received a letter from the City Attorney regarding the decision on the Tharp bankruptcy appeal. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978-54 RES. 1978-54 urging passage of legislation to override proposed regulations of the DEFERRED COMP. Internal Revenue Service which would eliminate deferred compensation plans for employees of state and local governments. Ayes - 5 Nays - 0.~REGULATIONS END OF CONSENT AGENDA ITEMS Mayor Branning called the public hearing to order at 7:08 p.m. on 1978 tree trimming in the area known as North Apple Valley and noted that the affidavit of publication of the notice is on file. Mm. Asleson said the purpose of trimming boulevard trees is to keep the curb area free of limbs so vehicles such as street sweepers, garbage trucks and mail carriers can drive there. The City estimates the cost will not exceed $10.00 per CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1978 Page 3 tree and the contractor can start April 17, 1978. Mr. Asteson also said if trees are trimmed properly by the homeowners, the contractor will not trim. them again and only those homeowners whose trees are trimmed by the contractor will be assessed for the cost. The Mayor asked for questions and comments from the audience. (See detail of questions and answers attached.) After everyone present had been given an opportunity to comment, the hearing was declared closed at 7:23 p.m. MOTION: of Holton, seconded by Fitzsimmons, adopting Resolution No. 1978-55 ordering the 1978 tree trimming project in the area known as North Apple Valley with the trimming to begin April 24, 1978, and awarding the contract to Tree Men of St. Paul. RES. 1978-55 ORDER TREE TRIb~ING The Mayor said he understands the contractor based his quote on completing the work by May 1st a~d if he cannot begin work until April 24th, he may not take the contract. John Gretz said if the work cannot be done this spring, it could be done in fall but new quo- tations would have to be obtained then. Vote was taken on the motion. Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Savanick, including trimming the sidewalk side of boulevard trees along Garden View Drive the same as the curb side. TRIM TREES ALONG SIDEWALK Mr. Asleson said the contractor will be trim~]ing all sides of the trees he trims to shape them and if a homeowner only trims the curb side of the tree, the problem of trimming the sidewalk side on any specific tree could be handled at that time. }~rge Bonin said she believes the homeoT~a~ers who trim their own trees will have enough pride in their pro- perty and trim both sides of the trees. MOTION: of Hayes, NO SECOND, amending the above motion by stating shaping of trees on the sidewalk side is understood to be included in the tree trir,~ing project. Motion failed for lack of a second. Vote was taken on the original motion. Ayes - 3 Nays - 1 (Fitzsimmons) (Hayes Abstained). Mayor Branning read a proclamation proclaiming April 13, 1978, The Day of the Nurse acknowledging the services performed by registered nurses. Mayor Branning read a proclamation proclaiming April 16th through 22nd, 1978, Volunteer Recognition Week in Apple Valley. b~yor Branning read a proclamation proclaiming April 28, 1978, Arbor Day and May as Arbor Month and encouraged citizens to plant trees. Mike Bassett said April 22nd, 1978, will be Clean Up Day in Apple Valley and everyone interested is encouraged to participate. Groups will be working at Alimagnet, Westview, Southview and the business district cleaning up and picking up. He also said they will have a truck at Westview ~o haul away any tree trimmings, etc., people bring there. MOTION: of Holton, seconded by Hayes, approving a transient merchant license for Mark's Stencil Service, for one year, to paint house numbers on curbs. Ayes -4 Nays - i (Fitzsi~m~ons).. TRANS.MERC. LIC. STENCIL SERVICE CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1978 Page 4 MOTION: of Holton, seconded by Hayes, approving a transient merchant license for Apple Place Softball Clubs to sell concessions at a softball tour- TRANS. MERC. nament at Westview May 20 and 21, 1978. Ayes - 5 - Nays - 0. LIC. APPLE PLACE SOFTBALL MOTION: of Holton, seconded by Hayes, approving a transient merchant license for Hand Crafts by Handicapped to sell items door to door. Ayes - 5 Nays - 0. TRANS.MERC. LIC. HANDCRAFTS LEGION POST 1776 SET UP & ON-SALE 3.2 BEER LICENSES MOTION: of Holton, seconded by Savanick, approving an application by American Legion Post 1776 to the Minnesota Liquor Commissioner for a permit allowing consumption and display of intoxicating liquor at 7700 West 147th Street and an on-sale 3.2 beer license for the Legion Post at the same address; said application to the State to -be accom- panied by the attached letter of explanation. Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Hayes, refunding $1,500.00 to Carl Watrud in settlement of his claim to being overassessed for storm sewer improve- WATRUD STORM SEWER ASSMT. ments in 1974, as recommended by the City Administrator in a memo dated April 11, 1978. CLAIM Mr. Watrud was present and said he asked for full payment of the $1,887.00 plus interest. He said this charge was pumping a pond and he believes it is excessive and additional damage was done to his golf course by the contractor while installing the storm sewer pipe. The Council said since Mr. Watrud had not submitted a claim for damages, this could not be considered and since the work was done in 1974, such claim should have been sub- mitted then. Councilmember Holton said he agrees the pumping charge was probably excessive in that Mr. Watrud could have done the work himself for less. Mr. Watrud said he would accept the $1,500.00. Vote was taken on the motion. Ayes - 4 - Nays - 0. (Savanick Abstained). MOTION: of Hayes, seconded by Holton, approving construction of a driving range at Lebanon Hills Golf Course, as recommended by Staff, at an estimated 1978 expenditure of $7,859.90. GOLF COURSE DRIVING RANGE Councilmember Fitzsimmons asked that the opening date of the driving range be publicized. Mr. Bassett said he would have that done and it should be open early in June. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Fitzsimmons, approving a lease with Robertson Harley Davidson, Inc., as recommended by Staff in a memo dated April 10, 1978, for 1978 4-wheel gas golf carts at 44 percent of the revenue with a free ranger cart. Ayes - 5 Nays - 0. GOLF CART 1978 LEASE CHARGE CARDS AT GOLF COURSE MOTION: of Holton, seconded by Hayes, authorizing the use of Master Charge and Visa Charge cards at Lebanon Hills Golf Course at a five percent fee for the service. Ayes - 5 - Nays - O. Councilmember Savanick asked if greens fees and cart rentals could be charged in addition to merchandise? Mr. Bassell said it is intended to charge only merchandise because of the paperwork and extra charge involved, but it could probably be worked out in the future if desired. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1978 Page 5 MOTION: of Hayes, seconded by Savanick, approving the Development Agreement and final plat for Apple Valley East Third Addition, consisting of 24 single family home lots, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 Nays - 0. A.V. EAST 3RD PLAT & AGREEMT. ORDINA~CE 201 REZONING TIMBERLINE MOTION: of Holton, seconded by Savanick, passing Ordinance No. 201 rezoning Timberline (balance of Woldwood Planned Development property) from M-3, M-2 and B-2 Planned Development to R-lC and M-3 and approving the preliminary plat of Timberline and directing Staff to Prepare a development agreement. H~ard D~ligren, representing Graham Development Company, described the property and showed maps of it. He said Orrin Thompson will be doing the construction. The proposal is for 200 single family home lots and 23 quad home lots. Mayor Branning asked whether the lots would have use of the clnbhouse and pool at Wildwood? Mr. Dahlgren s~d no, they are owned by the existing tovmhouses anti are private. Karen Finnegan, President of Wildwood To~mhouse Association, said they are concerned about the trees along the north side of 137th Street and do not want to see them removed. Mr. Dahlgren slid they intend to retain as many trees as possible and since 137th Street is already constructed, this should mini- mize the number of trees which will have to be removed. Vote was taken on the motion. Ayes - 5 Nays - 0. Consideration of rezoning and preliminary plat for Beckman property was tabled. MOTION: of Hayes, seconded by Savanick, granting a variance for a detached garage setback two feet from the side lot line at 857 Whitney Drive as recommended by the Planning Commission. Ayes - 5 Nays - 0. SETBACK VARIANC] 857 WHITNEY DR. ZOO BANNERS MOTION: of Holton, seconded by Hayes, granting a variance to the sign ordin- ance for 12, 20-foot high, banners at the Zoo entrance on Johnny Cake Ridge Road as recommended by the Planning Commission. Councilmember Fitzsimmons said she is opposed to allowing this since there are enough signs attracting attention to the entrance. Motion and second withdrew and requested this item be tabled for further information from Zoo staff. MOTION: of Savanick, seconded by Hayes, tabling consideration of off-site di- rectional signs for Barth Construction Company until the sign ordin- ance has been reviewed by the Planning Commission. Ayes - 5 Nays - O. BARTH DIREC- TIONAL SIGNS Bill Dolan, representing Palomino Deveiooment, reviewed the proposed plat originally called Palomino Hills 8th Addition, but which will be known as Chateau Estates Third Ad- dition. It consists of 21 lots, an acre or larger in size, and will be south of proposed County Road 38. Until County Road 38 is constructed, it will have access via Havelock Trail through the Timberline development. Mr. Dolan said they will also construct temporary blacktop across the County Road 38 right-of-way to connect to Havelock Trail in Chateau ~ Estates for emergency access. MOTION: of Fitzsimmons, seconded by Holton, approving the preliminary plat of CHATEAU 3RD Chateau Estates Third Addition and directing Staff to prepare a dev- PRELIM. PLAT elopment agreement. Ayes - 5 Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1978 Page 6 The Council discussed whether an ordinance regulating parking of recreational vehicles and trailers and junked motor vehicles is necessary. Councilmember Fitzsimmons said be- fore this is referred to the Urban Affairs Committee, information on the legal restrictions should be obtained. Jim Sheldon said cities can regulate the length of time such vehicles are parked and where on the property they can be parked. Mr. Asleson said the City's present ordinance on sight distances for streets and intersections can be used to' regulate where vehicles can be parked, but junked and abandoned vehicles are not clearly restricted by present City ordinances. The Council agreed to take no action at this time. MOTION: MOTION: MOTION: of Holton, seconded by Hayes, approving a salary increase for Fred Prom of $114.00 per month, effective March 3rd, 1978. Ayes - 5 - Nays - 0. of Fitzsimmons, seconded by Holton, approving a salary increase for Michael J. Walz of $154.00 per month, effective April 4th, 1978. Ayes - 5 Nays - 0. of Branning, seconded by Holton, approving a salary increase for John Gretz of $198~00 per month, effective April 10th, 1978, because of his promotion to Community Development Director with his annual re- view to be on August 1, 1978; and reviewing the salary steps for Schedule II employees in the personnel ordinance. PROM SALARY REVIEW WALZ SALARY REVIEW GRETZ SALARY REVIEW The Mayor suggested the personnel plan be reviewed at the first Council meeting in May. Vote was taken on the motion. Ayes - 5 Nays - 0. MOTION: of Savanick, seconded by Hayes, hiring Richard Kelley for the positionHiRE of Planning Assistant effective April 17, 1978, at a salary of PLANNING $1,100.00 per month. Ayes - 5 - Nays - 0. ASSISTANT MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1978-56 or- dering erection of stop signs at all entrances from the Zoo onto Johnny Cake Ridge Road. Ayes - 5 Nays - 0o RES. 1978-56 ZOO STOP SIGNS MOTION: of Savanick, seconded by Fitzsimmons, appointing Robert Tegeder to the Historical Committee. Ayes - 5 Nays - 0. HIST.COMf, APPOINTMENT Discussion on sewer operating revenues and expenditures was tabled for two weeks. Councilmember Holton said the Fire Department would like to begin working on a public safety bond issue for construction of two fire stations. He said this should be coordinated with any proposals the Park Committee might have for a bond issue and he would like the Council's thoughts on this. Couneilmember Savanick said she believes a bond issue~should be on the primary election ballot this fall if the details can be worked out. The Council said the Fire Department should proceed with obtaining additional data and working with the Park Committee on this. MOTION: of Hayes, seconded by Holton, to pay the claims and bills, checks numbered 6594 through 6620 and 8280 through 8447, in the total amount of $330,805.83. Ayes - 5 Nays - 0. CLAIMS & BILLS CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1978 Page 7 MOTION: of Hayes, seconded by Holton, to adjourn. The meeting adjourned at 10:24 o'clock p.m. Ayes - 5 Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 1978 Page 8 Detail of Questions and Answers from Public Hearing on Tree Trimming. Mr. Asleson said the City received a letter from Ronald E. Verhey, 108 Pinewood Circle, stating he would be trimming his own tree. Vinee Byrne, 281 Elm Drive, asked how the City would define trimmed trees? John Gretz said if all the branches are removed in an area 9~ feet straight above the curb line, the contractor will not trim the tree. Mr. Bryne asked how he can be sure he will not be assessed for tree trimming if his tree is not trimmed? Mr. Asleson said a hearing on the assessments will be held in August and everyone who is going to be assessed will be notified of that hearing. If a mistake is made and charges for trees which were not trimmed are included in the assessments, property owners will be given the opportunity to inform the City then and it can be corrected. Marge Bonin, 121 Garden View Drive, asked how to measure the trees? John Gretz said to measure straight up, 9½ feet, at the curbline. Marvin Rix, 292 Rinewood, said not just one side of the tree should be trimmed. He also questioned City services and said this should be paid from taxes and not assessed. Mayor Branning commented that by assessing the costs, only those who receive benefit pay for it. James Niesen, 189 Redwood, asked if this is a flat fee? Yes. He asked if trees will be properly trimmed and said those along the sidewalk side should also be trimmed. John Gretz said the contractor will shape the trees ~e trims, not just trim the curb side, and will remove branches on all sides to balance the trees. Hugh Sweeney, 121Strese, asked if the tree trimming could be delayed a week to allow people who want to trim their own trees time to do it? Brenda Birkeland, 120 Garden View, said they have a small tree, not even ten feet tall, will it be trimmed? John Gretz said no, only trees with'branches hanging over the curb. Bob Calla, Garden View Drive, asked how many trees are on the list? Mr. Asleson said he has the list and will let him look at it. He also agreed with waiting another week before starting the trimming.. James Niesen asked if the branches will be sealed? John Gretz said if any of the branches removed are large enough to require it, the contractor will do it.