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HomeMy WebLinkAbout05/25/1978CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 25th,1978, at 7:00 o'clockp.m. PRESENT: Mayor Branning; Councilmembers FitzSimmons, Hayes Holton and Savanick; Clerk Asleson. ABSENT: None. Mayor Branning called the meetng to order at 7:20 p.m.. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Hayes, seconded by Savanick approving the agenda for to- APPROVE AGENDA night's meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, Seconded by Hayes, approving, the minutes of the meeting May 11th, 1978 of May 11th, 1978, as written. Ayes~ 5 ~ Nays ,~ O. Minutes MI~TES MOTION: of Holton, seconded by Savanick, approving the minutes of the MAY 18, 1978 SPecial meeting of May18th, 1978, as corrected. Ayes ~ 5 ~; MINUTES NaYs - 0. MOTION: of Holton,seconded by Hayes, approving the consent agenda with CONSENT AGENDA no exceptions. Ayes ~ 5.~,Nays ~ 0~. CONSENT ITEMS MOTION:'~ of Holton,seC0nded Hayes; adopting Resolution No. 1978-77 RES. 1978~77 ~ requesting the Minnesota Department of .Transportation to con- SPEED LIMIT duct a speed limit study on 132nd Street between Cedar and STUDY 132ND ST. Galaxie Avenues. Ayes - 5 - Nays - O. MOTION:' of HoLton Seconded by Hayes; approving hiring Rodney Rippentrop HIRE RIPPENTROP for the position of Street I effective June 5, 1978 at $987.00 STREETS I per month. Ayes - 5 - Nays - 0. MoTIoN: of Holton,seconded by Hayes, approving hiring Lynne Sorensen HIRE POLICE . for the position of Police Officer effective June 5, 1978 at OFFICER SORENSEN $1,026.00 per month. Ayes- 5 - Nays - 0. MOTioN: of Holton, seconded by Hayes, approving hiring various part HIRE PARTTIME time and seasonal employees in the Recreation, Golf, Street & SEASONal and Park DepartMents as listed on the attached memo dated EMPLOYEES May 22, 1978, and Janice S. Peterman at the Liquor Store effective May 23, 1978, at $2.50 per hour. Ayes - 5 - Nays - 0. MOTION: Of Holton, seconded by Hayes, adopting Resolution N0~1978-78 RES. 1978-78 authorizing a change in the contract with Treeman, Inc. for CHANGE TREEMEN, boulevard tree trimming, because a lesser number of trees were INC. CONTACT trimmed than originally proposed. Ayes - 5 - Nays - 0. MOTION: Of Holton, seconded by Hayes, adopting Resolution No.1978-79 RES. 1978-79 setting a pubIic hearing on proposed assessments for tree TREE TRIMMING trimming in North Apple Valley at 7:0Opm on June 15, 1978. HEARING Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1978 Page 2 MOTION: of Holton, seconded by Hayes, authorizing the Engineer to pre- PRELIM. REPORTS pare preliminary reports for public improvements in Chateau IMPROVEMENTS Estates III, Heritage Hills Sixth'and Cobblestones. Second Additions. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-80 RES. 1978-80 approving plans and specifications for utility improvements in LONGRIDGE 2ND Longridge Second Addition and authorizing advertisement for UTILITY BIDS bids to be received June 22,.1978, at 2:00 p.m. Ayes ~ 5 - Nays - O. MOTION: Of Holton, seconded by Hayes, adopting Resolution. No. 1978-81 RES. 1978-81 approving plans and specifications for Project 77-12(1)., UTILITY BIDS utility improvements in Timberwick 5th and Cobblestones 1st PROJ. 77-12(1) Additions and on Pennock Avenue and authorizing advertisement for bids to be received June 22, 1978, at 2:00 p.m. Ayes - 5 - · Nays - O. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-82 RES. 1978-82 approving plans and specifications for Project 77-12(2), STREET BIDS street and sidewalk improvements in Timberwick 5th and Cobble- PROJ. 77-12(2) stones 1st Additions and on Pennock Avenue~ and authorizing ~. advertisement for bids to be received June 22, 1978, at 2:00 P.m. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-83 approving plans and specifications for 1978 street seal coat- ing and repairs and authorizing advertisement for bids to be RES. 1978-83 received June 22, 1978, at 2:00 p.m. Ayes - 5 - Nays - 0. 1978 SEAL COATING BIDS MOTION: of Holton, seconded by Hayes, approving a transient merchant TRANS MERC. license for Cub Scout Pack 227 to sell items door to door for LIC. PACK 227 a period of five years. Ayes- 5 - Nays - 0. MoTIoN: 0f Holton, seconded by Hayes, approving a transient merchant TRANS MERC. & license and a temporary. On-sale 3.2 beer license for Lemon 3.2 BEER LIC. Tree Softball Team for s softball tournament June 3 and 4, LEMON TREE S.B. 1978, at Westview. Ayes - 5 - Nays - O. MOTION: of Holton, seconded byHayes, adopting Resolution No. 1978- RES. 1978-85 85 establishing a fire lane along the south side of the A.V. SQUARE building at Apple Valley Square Shopping Center. Ayes- 5 - FIRE LANE Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-86 RES. 1978-86 approving special assessment divisions in Wildwood 6th Addit- ASSMT. DIV. ion, Lots 12 and 13 of. Block 8 and Lot 3 of Block 9 in Valley Commercial Park 2nd Addition and The Highlands. Ayes -5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-87 requesting the Minneosta Attorney General to issue an opinion RES, 1978-87 CREDIT SALES related to credit sales of liquor in municipal off-sale OPINION ON LIQ. liquor stores. Ayes - 5 - Nays~- 0. CREDIT SALES END OF CONSENT AGENDA ITEMS. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1978 Page 3 MOTION: of Holton, seconded by Savanick, amending development agreements CHATEAU,PAL. 6TH for Chateau Estates, Palomino Hills 6th Replat and the Heritage REPLAT. & ~HERITAGE Hills Additions by not requiring sidewalks, but requiring the HILLS SIDEWALKS . developers to deposit the amounts of $4,320, $14,660 and, $17,300, respectively with, the city, to be used,for pathways or some public purpose benfitting residents of the areas and directing the Enginneer to prepare a report om the feasibility of constructing pathways from future County Road 38 to the park south of Palomino Drive along the east side of the Hermitage Hilis Additions and along Palomino DriVe: the above amount to be paid by, July 1, 1978. The Mayor asked if the developers agree with this amendment. John .Gretz. said yes they do. The Mayor cemented on the fact that the sidewalks should have been installed previously, but said he understands the problems involved in installing sidewalks now that homes have been built. Councilmembers Hayes and Holton said they still support the sidewalk policy of the city, but this is an exception. Councilmember Savanick said the sidewalk and trail systems throughout the City need to be reviewed. The Mayor aid the Park Committee has done this and has that information. vote was taken on the motion:Ayes --4 Nays- 1 (Branning) The Council received a letter from the City Attorney concerning Northwestern Sand & Gravel operations at Whitney Drive and Garden View Drive. Councilmember Fttzsimmons asked, about oiling the interior road and about noise control under the nuisance ordinance. John Gretz said the oiling will have tO be done periodically to control dust which Mr. Skelton has agreed to do. Jim Sheldon said the 6: 0O a.m. starting time is permitted under the agreement. Jerry Otto preSented a petition from the residents of the.Heritage Hills area Supporting construction of asphalt pathways. The Council received it. MOTION: of Holton, seconded by Hayes, approving a waiver of platting FOTO~T BLDG. and a building permit for Fotomat, at. the:farther west location, PE~IT in the Apple Valley Center parking lot as recommended by the Planning Commission on January 4, 1978. The Council discussed the problems of locating this building in thet parking lot because it is also a 'Park and Ride location. Mr. Fogarty said Grace Lutheran Church is pursuing obtaining some funds from tbe MTC to help construct a parking lot so "park and Ride" Could be moved there. He said 149th Street could be. posted to prohibit buses if that is what the Council desires. Councilmembers Savanick and Fitzsimmons said whether or not buses use 149thStreet; traffic is still a problem in that area. Mr. Fogarty said they are trying to work with the Citty and he would agree to come back in one year and if the business has not been run as he stated, they would be willing to remove the building. Mr. Asleson asked if the Council wants to table this item until June 15th to see if the church has an answer from the MTC by that time. The Mayor said this item should be con- sidered by itself and not tied to the Park and Ride location. Councilmember Fitzsimmons said she does not object to this business in the City, only its location. Motion and second amended the above motion by including it will be subJect to review in one year and directed the City Attorney to draft an agreement covering this. Vote was taken on the motion as amended, Ayes, 3 - Nays - 2 (Savanick and Fitzsimmons). CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1978 Page 4 C0nsideration of the Dakota CoUnty Central Law Enforcement Dispatching proposal was tabled. MOTION: of Fitzsimmons, seconded by HOlton, approving Change Order. No ELEC. C.O. 7 7 tO the contract with St. Martin Electric for the City Hall CITY HALL EXP. Expansion in the amount of $135.00 for electrical 0utlets. Ayes - 5 - Nays-0. MOTION: of Fitzsimmons, seconded by Holton, approving purChasing an CITY HALL underground irrigation system for the City Hall grounds from IRRIGATION SYS. Aqua Engineering for the low quotation of $7,743.10. Ayes - 5 Nays - 0. MOTION: of Holton, sec0nded by Hayes, authorizing Staff to proceed with CITY HALL BUD- purchasing furniture as needed; renovation of existing rest- GET UPDATE ITEMS rooms, pathway and complete Police basement area within funding estimated for City Hall; to consider parking lot expansion at a future date and not consider a darkroom and equipment further at present time as listed on the attachment to the City Hall construction budget update and to hOld consideration of an office for Mr. BaSsett and completion of Room 118. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to Order at 8:35 p.m. on Pr0ject 77-13, improve- ments in Farquar Hills Addition, and noted that the affidavit of publicati0n was on file. Keith Gordon reviewed the proposed sanitary sewer laterals, Water trunks and laterals, storm sewer laterals and the street and sidewalk improvements tO complete the lots in the Farquar Hills Addition. He said this would include completion of Dominica WaY to the edge of Farquar Hills Addition. Councilmember Holton said a gravel base should be added to continue Dominiea Way to the existing street in the Farquar Lake Addition. The Mayor asked for questions and commentS from the audience; there being none, the hearing Was · closed.at 8:41 p.m. MOTION: of Hayes, seconded by Holton, adopting ReSolUti0n No. 1978~88 RES. 197.8-88 ordering: Broject 77-13 improvements in the Farquar HillS Addn. ORDER PROJECT Ayes - 5 - Nays - 0. 77-13 MOTION: Of savanick, seconded by Hayes, adopting Resoltion NO, 1978-89 RES. 1978-89 directing the Engineer to prepare plans and specifications for PROJ; 77-13 Project 77-13(1), UtilitieS, and Project 77-13(2), streets and P. & s. sidewalks. Ayes - 5 ~ Nays - 0. CoUncil reviewed a memo Concerning an additi0nal paragraph for subdivision agreements where developers, are instailIing their Own utilities and streets and also a paragraph on foreStry management and inventory. MOTION: of Hayes, seconded by H0lton, adopting the pdlicy Of including UTILITY & TREE the paragraphs concerning developer installed utilities and PARAGHAPHS 'FOR forestry management, as Shown in the memo dated May 24, 1978, AGREEMENTS in future subdivision agreements. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, approving the final plat and PALOMINO WOODS agreement for Palomino Woods (balance of Wildwood area prev- FINAL PLAT loudly called Timberline) including the paragraphs on forestry management and developer installed utilities and authorizillg the Mayor and Clerk to sign the same. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1978 Page 5 Don Anderson, of Palomino Development, said they are filing a court Order to stop Graham Development from using the name Palomino Woods on this development because their company uses this name as a trademark. Jim Sheldon said it is not up to the City to regulate the name and this is between the developers to work out. Councilmember Savanick said a trail along 140th Street should be included in this development. The Mayor Said this type Of major trail should be funded other than by one developer. MOTION: Vote was taken on the motion. Ayes - 5 - Nays - 0. of Holton, seconded by Savanick, approving the final plat and COBBLESTONES 2 agreement for Cobblestones 2nd AdditiOn inlnding the paragraph FINAL PLAT on forestry management and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Fitzsimmons, seconded by Hayes, approving the final plat and agreement for Chateau Estates Third including the paragraph on forestry management and authorizing the Mayor and Clerk to sign the same, this action supercedes approval of April 27,1978. Ayes - 5 - Nays - 0. Consideration of Heritage Hillis 6th Addition final plat was tabled. MOTION: CHATEAU 3RD FINAL PLAT of Hayes, Seconded by Holton, approving reduction of Bond No VARIOUS PAL. 400BP0912 from $9,750 to zero, Bond'No-f 400X9239 from $92,260 BOND REDUCTIONS to zero and Bond No. 400DX9240 from $198,000 to zero all effective FebruAry 24, 1978, and reduction of Bond No.400EP6630 from $95,800 to $10,000 effective February 9, 1978, related to completed work in Palomino Lakeside Meadows area and Sixth Addition Replat. The Mayor asked who does steet sweeping in construction areas? Johh Gretz Said in areas where only a few houses are under construction, the City usually does it. The Mayor said when a lot of street Sweeping is required, staff should consider some method of recovering some of the costs from the contractor or developer. Vote was taken on the motion. Ayes- 5 ~ Nays - 0. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-90 RES 1978-90 waiving the bond requirements for Timberwick 4th and Palomino WAIVE BONDS Hills 7th additions as rec0mmended bY the City Administrator; · Councilmember Savanick questioned setting a precedent in waiving bond requirements. Mr. Asleson said these are Small subdivisions and more than enough money has been escrowed through lot sales to cover the bonding requirements. Vote was taken on the motion; Ayes- 4 ~ Nays ~ 1 (Savanick). MOTION: of Holton, seconded by Fitzsimmons, approving a building permit for a car wash at the southwest quadrant of 145th Street and Glenda Avenue as recommended by the Planning Commission. John Gretz requested that ConsideratiOn of this item be tabled because the petitioners are not present. Motion and second withdrew. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1978 Page 6 Mr. Asleson said City Staff has met with the.architects from Paterson, Clark & Associates concerning design of the fire halls being proposed. He said a representative of the firm was going to be at the meeting with a contract. The terms would be eight percent of the construction costs. The design phase prior to the bond referendum would be $5,000 and if the referendum should fail, the plans could be used at a later time. Council agreed Staff should continue working with the architects and the formal contract could be approved at the next meeting. Consideration of bids for a pumper-ladder truck for the Fire Department was tabled. MikeBassett reported on recruitment of a forestry program supervisor and said he has found an individual he would like to contractwith for services until the end of the year rather than hiring a person as an employee. At the end of this season, this could be reviewed. MOTION: of Holton, seconded by Fitzsimmons, approving an agMeement with FORESTRY SUPRV. David Gullifer for forestry services from June 1, 1978, to CONTRACT December of 1978 subject to review of the agreement f0rm by the City Attorney. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by.Fitzsimmons, approving signage for Leba- GOLF COURSE non Hills Golf Course, as recommended by Staff, to be located at SIGNS Pilot Knob Road and County Road 38 and Pilot Knob Road and County Road 42. Ayes - 5 - Nays , 0. MOTION: of Holton, Seconded by Hayes, approving a salary increase for oLSON SALARY G. Lyle Olson of 7,3 percent effective June 1, 1978. Ayes - 5 REVIEW - NaYs - 0, MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1978 RES. 1978-91 91 amending Resolution No.1977-265 by creating the position of AMEND PERSONNEL Shop Service Technician/Streets III and promoting Dale Spencer POLICY to that position effective May 1, 1978,.at a monthly salarY of $1,319. Ayes - 5 - Nays - 0. Mr. Asleson reported on the status of ordinance codification for the city. He said he has reviewed several companies and recommends Municipal Code Corporation. The Council agreed he should proceed with negotiating a c0ntract with this firm for consideration. The council received a preliminary engineering report for Street improvements to Galaxie Avenue and Johnny Cake Ridge Road to be discussed further June 15th. The CounCil disoussed proposed amendments to the By Laws of the Dakota County League of Municipalities. Councilmember Fitzsimmons questioned the proposed dues increase from 5¢ to 10¢ per capita. Councilmember Hayes said it is necessary due to publication costs, etc. Hayes said he will be attending the meeting and the MaYor said the Council should give its input to him. The Mayor said he received a letter concerning a County-wide program of Police training. This will be discussed further June 15th. The Mayor said the Northern Dakota County Interstate Committee will be meeting June 6, 1978, at 2:00 p.m. at the McKae Complex in Eagan and asked City Staff members to attend. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 1978 Page 7 The Mayor read a letter from the Apple Valley Chamber of Commerce thanking John Gretz and John Voss for attending their meeting on May 16th. Councilmember Savanick said any item for the "Council Table" should be given to her. She hopes to have it printed by June 15th. The Mayor stated that the news article in the Dakota County Tribune saying the City hired a Police Officer to replace Dwayne Bronk is incorrect. The Police Officer hired tonight was budgeted to be hired this year and is an additional Officer. Councilmember Fitzsimmons commented that the City hired its first woman Police Officer tonight. MOTION: of Hayes, seconded by Savanick, approving a refund of $15.00 to DOG IMPOUNDMENT Mrs. Carl Estey for settlement on a claim related to impoundment REFUND of a dog. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Savanick, approving claims and bills, checks numbered 6652 through 6667 and 8716 through 8840, in the total amount of $458,686.98. Ayes - 5 - Nays - 0. CLAIMS & BILLS Dr. Peter Frederixon, who lives in Heritage Hills, was present and commented on his concerns about sidewalks and believes they are necessary. MOTION: of Holton, seconded by Hayes to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:50 o'clock p.m.