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HomeMy WebLinkAbout06/15/1978CITY OF APPLE VALLEY Dakota County, Minnesota June 15, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 15th, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning, Councilmembers,Fitzsimmons, Hayes and Holton; Deputy Clerk Mueller. ABSENT: Councilmember savanick. Mayor Branning called the meeting to order at 7:07 P.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded, by Hayes, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 7:08 p.m. to consider Assessment Roll 136 tree trimming in North Apple Valley, and noted that the affidavit of publication had been received. John Gretz reviewed the tree trimming and said only 115 trees are included in this assessment because most of the residents trimmed their own trees. The Mayor asked for questions and cOmments. Judy Shirk, 160 Hayes Road, commented that the legal descripti0n in the notice is incorrect, and also said only the street side of the tree.at her house Was trimmed and not the side- walk side. Deputy Clerk Mueller said there was an error in the legal description, but the notices were mailed to the correct property owners. Edward Fritz, 152 Hayes Road, said he is being assessed for trimming two trees, but one of those trees was removed because of the sidewalk installation after it was trimmed. He said his neighbor, Stan Trom, also had a tree removed. Duane Blom, 245 Walnut.Lane, said he does not, believe the contractor did a very good job of trimming and now more branches are hanging down. Mr. Fritz asked about replacement of the trees which were removed? John Gretz said he will look into it. After everyone pre- sent hadbeen given an opportunity to comment, the. Mayor declared the hearing closed at 7:24 p.m. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-93 RES.. 1978-93 ASSMT. NO. 136 approving special assessments for tree trimming in North Apple Valley, Assessment Roll 136, as.presented execpt 152 Hayes Road will be assessed $10.00 only. Ayes -4 - Nays, 0. MOTION: of Fitzsimmons, seconded by Holt0n aPpr0ving the minutes of the MAY 25, 1978 special meeting of May 25, 1978 as written. Ayes 4- Nays - 0. SPECIAL MINUTES MOTION: of Fitzsimmons, seconded by. Hayes, approving the minutes of the MAY 25, 1978 regular meeting of May 25, 1978, as written. Ayes - 4 - Nays - 0. REGULAR MINUTES MOTION: of Fitzsimmons, seConded byHolton, approving the minutes of' the JUNE 6, 1978 special Board of Review meeting of June 6, 1978, as written, MINUTES Ayes - 3 -Nays - 0 (Hayes abstaine) MOTion of Hayes, Seconded by Fitzsimmons, approving all items on the CONSENT AGENDA consent agenda except installation of street lights which will be considered as a separate item. Ayes 4- Nays-0. CITY OF APPLE VALLEY Dakota County, Minnesota June 15, 1978 Page 2 CONSENT ITEMs MOTION: of Hayes, seconded by Fitzsimm0ns, passing Ordinance No. 202 ORDINANCE 202 establishing an industrial User strength charge for sewage in IND. USER addition to the charge based upon volume in compliance with the STRENGTH CHG. Federal Water Pollution Control Act. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, authorizing execution by the APPLE ROLLERWAY proper City officials of the application of Apple Rollerway, SETUP PERMIT Inc., at 7700 West 147th Street, to the State of Minnesota for a permit to allow consumption and display of intoxicating liquor in aacordanc& with M.S. 3401119. Ayes~- 4 - Nays ~ 0. MOTION: of Hayes, seconded by Fitzsimmons, passing Ordinance No. 203, ORDINANCE 203 amending Ordinance No. 172, requiring officers of' the law to be 0FFICERS~OF present at public dances Pursuant to M.S.A. 624.50, Ayes - 4 -~ LAW AT DANCES Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1978-94 RES. 1978-94 supporting Dakota County's concept for police officer training and COUNTY POLICE agreeing to particaPate at a cost t0 the City not to exceed $100.00 0FFICER TRNG. par officer per year. Ayes - 4 - Nays - 0, MOTION: of Hayes, seconded by Fitzsimmons, approving building permits fOr ACADEMY VILLAGE fourplexes on Lots 1 and 12 of Block 2 of Academy Village as BLDG. PERMITS recommended by the Planning commission. Ayes 4 ~ Nays ~ 0. MOTION: of Hayes, seconded by Fitzsimmons, approving the Development H.HILLS 6TH Agreement and final plat for Heritage Hills Sixth Addition and FINAL PLAT authorizing the Mayor and Clerk to sign the same. Aye 4 - & AGREEMENT Nays - 0. The Council received a sample cooperative agreement with the Dakota County HRA related to scattered site subsidized housing for further consideration at the June 29th, 1978 meeting. MOTION: Of Hayes, seconded by Fltzsimmons, adopting Resolution No. 1978-95 RES. 1978-95 amending the hourly rates for part time liquor store emPloyees PARTTIME LIQ and promoting Gary JohnsOn to Head Sales Clerk at $3.95 per hour. SALARIES all effective July 1, 1978 Ayes -4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimm0ns; approving hiring various park; SEASONAL Forestry and Recreation seasonal employees, as listed on the.memo EMPLOYEES dated June 12, 1978, and Mary Miska as part time sales clerk in the Liquor Department. Ayes - 4 ~ Nays - O. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1978- RES. 1978-96 96 approving plans and Specifications for PrOject 77-13(1), PROJ.77-13(1) Utilities in Farquar Hills, and authorizing advertisement of bids P & S & BIDS to be received July 13th,1978, at 2:00 p.m. Ayes - 4 - Nays -0. MOTION: of Hayes, seconded by Pttzsimmons, adopting Resolution No. 1978- RES. 1978-97 97 awarding the contract for Project 75-89( 1), Academy Village, AWARD PROJ. Garden View and Apple Valley East 3rd Streets, to Minnesota 75-89 (1) Valley Surfacing, the low bidder, in the amount of $199,853.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 15, 1978 Page 3 MOTION: of Hayes, Seconded. by FitzSimmons, adoPting ReSolutiOn No. 1978 RES. 1978~98 · 98 awarding the contract for Project 75-89(2), Academy Village AWARD PROJ. and Apple Valley EAST 3rd Utitities to FredrickSon EXcavAting, 7~5-89(2) the low bidder, in the amount of $111,743.60. Ayes - 4 - Nays -0. M~TIoN: of Hayes, Seconded By Fitzsimmons, accepting Project 77-5, Forest FINAL ACCEPTANCE Park Utilities, as final and authorizing payments to the Construction PROJECT 77-5 Leaders, Inc. Ayes- 4 - Nays - 0. MOTIoN: of Hayes, seconded by Fitzsimmons, authorizing release of Bond RELEASE D.P. number 400 DR 4400-80 for Diamohd Path 2nd Addition and accepting 2nd BOND the streets for maintenance. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Fitzsimmons, authorizing the Mayor and Clerk ENDORSEMENT ON to excute the endorsement to the group contract with the AEtna Variable AETNA, CONTACT Annuity Life Insurance Company. Ayes - 5 - Nays - 0. MOTION: of Hayes, sec0nded by Fitzsimmons adoPting Resolution No.1978 RES. 1978-99 99 opposing propsed revisions by the Federal Government in Social SOCIal SECURITY Security remittance procedures. Ayes - 4 - Nays - 0. REMITTANCES END OF CONSTENT AGENDA ITEMS MOTION: of Hayes, seconded by FitzsiMMons, approving a transient merchant TRANS. MERC.LIC. license for the Southwestern Company to sell b0oks do0r to door. S.W. Co. MOTION: of Holton, seconded bY FitzsimmOns, aPproving a transient merchant TRANS. MERC. LIC. license for William E. Lundquist to sell concessions at Westview LUNDQUIST in 19781 Ayes- 4- NAys- O. MOTION: of Holt0n, Seconded by Fitzsimm0ns, approving a temporary waiver WAIVER OF PLAT. 0f platting for N0dic Woods 2nd Addition subject t0 a letter from NORDIc WO0DS 2ND ' the Property owners Agreeing to replat the property aS shown the certificate of survey prepayed by Winden & Associates by January 1, 1979, as recommended by the Planning Commission, Ayes- 4 Nays - 0. Police chief Gene Coorrigan was present and intrduced Bob Scarlett of the Metropolitan Council who has been Working on the 911 Emergency Telephone System. Mr. Scarlett distri- buted copies of the proposed 9Il plan for Dakota County which recOmmends a decentralized emergency dispatching system. Councilmember Holton said he agrees with this report and centCalized C0unty dispatching would nOt fit in with the plan. MOTION: of Holton, sec0nded, by Hayes, adOptg Resolution No.1978-100 RES. 1978-100 supporting the 911 plan for decentralized dispatching in Dakota SUPPORT 911 PLAN County and not central dispatching. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Fitzsimmons adopting Resolution No, 1978- RES 1978-101 101 supporting the proPosed alignment of I35E with Alternate A- 1 SUPPORT ALT. and agreeing to participate with the City of Eagan in interVenlng A-1 FOR 1-35E into the hearing process to facilitate completion of the highway. Jim Sheldon said the hearing will be held June 22nd beginning at 9:00 a.m. at the Lost Spur Country Club and will probably last for two days. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 15, 1978 Page 4 MOTION: of Holton, seconded by Hayes, adopting Resolution No.1978-102 RES. 1978-102 approving Minnesota Highway Department preliminary plans for I- 35E PLANS I-35E, identified as Layout No. 9A. Ayes ~ 4 ~ Nays - 0~ MOTION: of Holton, seconded by Fitzsimmons, approving a contract with ARCHITECT CONT. Peterson, Clark & Associates, Inc., for architectural services. FIRE STATIONS for proposed new fire stations with the amendments on page 9. Mr. Bud Peterson was present and said, based on present discussions and preliminary work with the Fire Department, he estimates the total cost of both buildings will be $350,000 to $400,000. The buildings will each contain four bays and be about 3,800 square feet. Vote was taken on the motion. Ayes - 4 - Nays - 0. Considaration of other fire hall items was tabled. MOTION: of Holton, seconded by Fitzsimmons, authorizing Staff to pursue TRENCHING MACHINE the purchase of a trenching machine for use in the Forestry Program at a cost not to exceed $9,500. Ayes - 4 Nays- O. The council received a report on the 1978 Forestry Program. Mike Bassett commented briefly on it and said he hopes to have a proposat to strengthen the Program before the Council soon. MOTION: of Holton seconded by Hayes, approving the purchase of Lot 2 PURCHASE FARQUAR of Blook 2 of Farquar Hills for $16,000, under the option in HILLS PARK the Development Agreement, by July 31, 1978, using park dedi- cation- funds as recommended by the Park Committee. . Councilmember Fitzsimmons said since the Council turned down the purchase of additional property for Alimagnet Park, purchasing this property would be unfair. Mayor Branning said the purpose of this is for a historical park. Councilmember Holton said this is a different situation since there is already a great deal of land in Alimagnet Park and Farquar Park is very small and cannot function well without this additional property. Vote was taken on the motion. Ayes - 4 Nays - 0. MOTION: of Fitzsimmons, seconded by Holton, adopting Resolution No. 1978- RES. 1978-103 103 approving plans and specifications for a park shelter build- ALIMAGNET BLDG. ing in Alimagnet Park and authorizing advertisement for bids to P. & S. & BIDS be received July 18th, 1978, at 2:00 p,m. Ayes- 4 , NaYs - 0. - MOTION: of Holton, seconded by Hayes, approving a building permit for a BLDG. PERMIT car wash on Lot 5 of Block 5 of Valley Commercial Park 2nd CAR WASH Addition as recommended by the Planning Commission. Ayes - 4 Nays - 0. MOTION: of Holton, seconded by Fitzsimm0ns, approving a temporary wiaver BLDG. PERMIT & of platting and a building permit for a clinic on Lot 2 of Block WAIVER 0F PLAT. 1 of Apple Valley Commercial Addition, as recommended by the FOR CLINIC Planning Commision. John Gretz said a revised agreement to replat this lot when it is completely occupied will be before the Council at its next meeting. Vote was taken on the motion. Ayes - 4 - Nays - 0, CITY OF APPLE VALLEY Dakota County, Minnesota June 15, 1978 Page 5 MOTION: of Holton, seconded by Hayes, approving the preliminary plat of PRELIM. PLAT North Star Subdivision I as recommended by. the Planning Commission NORTH STAR SUBD and directing Staff to prepare a development agreement for it. Councilmember Hayes asked about utilities to serve, this area. JohnGretz said sewer and water trunks can be extended from the east, through the Trans Union property, to serve it. Trans Union has said they would agree to this. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving the final plat of Apple FINAL PLAT A.V. Valley Industrial Park Second Addition subject to the provision IND. PARK 2ND that no driveways be allowed on Galaxie Avenue. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-104 RES. 1978-104 authorizing preparation of plansand specifications for a temporary SANITARY SEWER force main to connect the Csdar Knolls area to the Burnsville out- DIVERSION PROJ. let district, approving collection of $100.00 per SAC unit with each building permit effective June 16,1978, and receiving a letter from Thompson Homes guaranteeing payment of up to $30,000 toward the project. John Gretz explained that this action will allow approximately 850 more connections to the Apple Valley Wastewater Treatment Plant and is temporary until the Empire Plant is completed approximately a year from now. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-105 RES. 1978-105 stating the City will assume a contingent liability not to exceed LOGIS CONT. $50,150 if LOGIS establishes its own operating computer center LIABILITY Ayes - 4 - Nays - 0. The Council received a quarterly report on the status of the Comprehensive Plan from Urban Planning and Design. Councilmember Fitzsimmons said she understands that the only question the Planning Commission has on the preliminary draft of the Comprehensive Plan is concerning commercial zoning and the Planning Commission Chairman suggests holding a joint special meeting sometime in July on this. John Gretz also said the capital improve- ments portion Ss not ready and will take some time to prepare. This will be reviewed further at the next Council meeting. MOTION: of Fitzsimmons, seconded by Hayes, approving installation of a STREET LIGHTS street light at the Public Works Garage and at Johnny Cake Ridge Road and the Zoo entrance subject to the Zoo paying the power costs. Ayes - 4 - Nays - 0. MOTION: of Holton,seconded by Hayes, adopting Resolution No. 1978-106 RES. 1978-106 accepting the design of 140th Street from Cedar Avenue to County 140TH STREET Road 33 as approved by the Dakota County Board and authorizing CONST. the Mayor and Clerk to sign an Agreement with the County. Mike Bassett asked whether a trail should be considered as part of this construction? The Mayor said he should contact Chuck Lowery about the County's trail plan. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Fitzsimmons). CITY OF APPLE VALLEY Dakota County, Minnesota June 15, 1978 Page 6 Mayor Branning said he received a letter from the City Attorney concerning the Council's question of whether its deliberations concerning a terminated employee must be at a public meeting. Mr. Sheldon said State law is not really specific, but quasi-judicial bodies in disciplinary action are exempt from the open meeting law. He said the purpose is to allow the Council to make the fairest decision possible. MOTION: of Holton, seconded by Hayes, setting a special private closed SPECIAL MEETING meeting at 7:00 p.m. on July 6th, 1978, to consider whether the City Attorney should be required to answer Mr. Bronk's Attorney's motion for interOgatories and tape record the meeting. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, to pay the claims and bills, CLAIMS AND BILLS checks numbered 6634 through 6636, 6668 through 6704, 9050 through 9154, 9156 through 9170 and 9178 through 9235., in the total amount of $1,528,223.64. Ayes ~ 4 ~ Nays - 0. MOTION: of Holton, seconded by Hayes, to adjourn. Ayes - 4- Nays -0.~ The meeting was adjourned at 8:49 o'clock p.m.