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HomeMy WebLinkAbout06/29/1978CITY OF APPLE VALLEY Dakota County, Minnesota June 29, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held June 29th, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Fitzsimmons, Hayes, Holton and Savanick, Clerk Asleson. ABSENT: None Mayor Branning called the meeting to order at 7:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Hayes, seconded by Fitzsimmons, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 - NayS - 0. MOTION: of Holton, seconded by Fitzsimmons, approving the minutes of the JUNE 15, 1978 June 15, 1978, meeting as written. Ayes - 4 - Nays - 0 (Savanick MINUTES Abstained). MOTION: of Holton, seconded by Hayes, approving all items on the consent CONSENT AGENDA · agenda with no exceptions. Ayes ~5-- Nays - :0. CONSENT ITEMS MOTION: of Holton, seconded by Hayes, approving a transient merchant TRANS. MERC. license for Aminco House Surface Maintenance to sell door -to- LICENSE door in 1978. Ayes - 5 - Nays -0. MOTION: of Holton,seconded by Hayes, approving a transient merchant TRANS. MERC. license for Talley Steaks to sell meat door t0 door in 1978. LICENSE Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving a transient merchant TRANS. MERC. & license and temporary on sale 3.2 beer license for DFL District BEER LICENSES · 53 activities August 5, 1978, at Westview. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, granting a setback variance to VARIANCE - 117 17 feet from the front lot line for a garage addition at 117 WALNUT CIRCLE Walnut Circle as recommended by the planning Commission Ayes- 5~ Nays - 0. MOTION: of Holton, seconded by Hayes, granting a setback variance to 28.5 VARIANCE - 1377 feet from the side lot line for a garage at 13771 Holyoke Lane HOLYOKE LANE as recommended by the Planning Connnission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving authorization for the SKYDIVING Minnesota Skydivers, Inc. to land at Westview for an exhibition EXHIBITION on July 4, 1978.~Ayes -5 - NAYS - 0-. MoTIoN: of Holton, seconded by Hayes, adopting ResolUtion No. 1978-107 REs.1978-107 approving accounting of funds related to acquisition of the Country COUNTRY CLUB Club and authorizing final disbursement of funds. - Ayes. ~,~5 - ACQUISTION FUND Nays 0, MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-108 RES. 1978-108 approving assessment divisions for Alliance, Apple Valley 0ffice, ASSMT. DIVISONS. Apple Valley Square Second and Cobblestone I Addiotions. Ayes- 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 29, 1978 Page 2 MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-109 approving a $50,000 Clerk-Treasurer bond with Western Surety company. Ayes - 5 - Nays - 0. · MOTION: of Holton, seconded by Hayes, approving an amendment to the March 10, 1977, Development Agreement for Palomino Hills 7th Addition deleting paragraph 4 Cslated to a pathway along future County Road 38. Ayes - 5- Nays - 0. MOTION: of Holton, seconded by Hayes, authorizing a supplemental expend COMP. PLAN iture in the amount of $176.57 for the printing Of preliminary PRINTING EXP. copies of the Comprehensive Plan, said amount being in addition to the $500.00 authorized by the Council on March 23, 1978. Ayes - 5 ~ Nays 0. The Council received a preliminary engineering report on Project 78~4, sewer and water laterals to serve a residence south of Greenleaf School on Galaxie Avenue. The Council received a preliminary engineering report on Project 78-5, sewer, water, storm sewer, street and sidewalk improvements for Cobblestones II. RES. 1978-109 MOTION: Of Holton, seconded by Hayes, adopting Resolution No. 1978-110 PROJ. 78-5 setting a public hearing on Project 78-5, Cobblestones II PUBLIC HEARING improvements, at 8f00 p.m.: on July 27th, 1978. Ayes -5- Nays - O. The Council received a preliminary engineering report on Project 78-6, sewer, water, storm sewer, street and sidewalk improvements foc Chateau Estates 3rd Addition. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-111 RES. 1978-111 setting a pUblic hearing on project 78-6, chateau Estates 3rd PROJ~ 78-6 improvements, at 8:15 p.m. on July 27th, 1978. Ayes - 5- PUBLIC HEARING Nays - O. END OF cONSENT ITEMS : MOTION: of Fitzsimmons, SeConded by Hayes, adoPting Resolution No.: 1978 RES. 1978-112 112 setting a bond sale for August I0, 1978, at 7:00 p.m. for SET $3,035,000 $3,035,000 General Obligation Improvement Bonds of 1978. BOND SALE Steve MAttson, of Juran & Moody, Inc, was present and reviewed the propossd bond issues. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, Seconded by Hayes, adopting Resolution No. 1978-113 RES. 1978-113 setting a bond sale for August I0, 1978, at 7:00 p.m. for SET $600,000 $600,000 General Obligation Water Revenue Bonds to finance BOND SALE construction of Water Tower No. 4~ Ayes 5 - Nays - 0. MOTION: of Hayes, seconded by HoIton, adopting Resolution No.1978-114 RES. 1978-114 thanking the Greater Apple Valley Area Federated Women's Club WOMEN'S CLUB for donating new carpet for a meeting room at Westview. CARPET DONATION Representatives of the WOmen's Club were present and said the VAA and Welcome Wagon organization also contribUted to the purdhase Of the Carpet. CITY OF APPLE VALLEY Dakota County, Minnesota June 29, 1978 Page 2 John Gretz distributed a revised copy of a Cooperation Agreement with the Dakota County HRA related to its scattered site housing program. He said the Planning Commission has reviewed it and agrees the proposed 31 units of hbusing could Be located throughout the City. The City Attorney has also reviewed it and given his approval. MOTION: of Fitzsimmons, seconded by Savanick, approving the Cooperation DAK. CO. HRA Agreement with Dakota County HRA, as amended, for the scattered AGREEMENT site housing program as recommended by the planning Commission and authorizing the Mayor and clerk to sign it. The Council discussed the definition of "shelter rent" in the Agreement. John Gretz said Nan McKay of the HRA will be present later tonight. The Council agreed to hold this item until she attends. MOTION: of Hayes, seconded by Holton, approving An Agreement for fire ZOO FIRE SERV. services with the Minnesota Zoological Garden effective July 1, AGREEMENT 1978, and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Fitzsimmons, seconded by Hayes, authorizing the Mayor and Clerk ZOO POLICE SERV. to execute a new Agreement with the Minnesota Zoological Garden AGREEMENT for the providing of Police services at the Zoo starting July I, 1978, and terminating at 12:01 a.m. on October 1, 1978, said Agreement to be substantially thesame as the present Agreement between the parties dated May 19, 1978. Ayes v ~ - Nays - 0. MOTION: of Holton, seconded by Hayes, authorizing placing a half page SUN DIRECTORY City ad for $300 and yellow page ads for the liquor stores at ADVERTISING $70.00, the golf course at $56.00 and the.sports arena at $56.00 in the Sun Community Directory, for a total of $482. · MOTION: of Hayes, seconded by Fitzsimmons, amending the above motion by placing a two-page City ad for $491 for a total advertising cost of $673. Ayes - 5 - Nays - 0. Vote was taken on the motion as.amended. Ayes -.5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving a contract with Municipal MUNICIPAL CODE Code Corporation for codification of the City's ordinances and CONTRACT authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-115 RES. 1978-115 establishing the ice rental rate at the sports arena to be S45.00 ICE RENTAL RATE per hour for the 1978-79 season. MOTION: of Hayes, seconded by Holton, amending the above motion by author- izing a reduction in the hourly rate to $40.00 after 10:45 p.m. if determined to be feasible. ~yes - 5 - Nays - 0. Vote was taken on the motion as amended Aye - 5 - Nays -0 Mr. R. T. Syverson, representing Valley Recreation Co., Inc. was present to report on the golf course clubhouse. He said they have come to agreement with Sports and Health Club CITY OF APPLE VALLEY Dakota County, Minnesota June 29, 1978 Page 4 to lease part of the building and with Gary C. Roberts to operate the restaurant. He would like to ask the Council to approve industrial revenue bond financing at its next meeting. He said they are ready to start work as soon as they get this approval and construction plans Should be ready in 30 working days. Mr. Roberts was present and out- lined his restaurant experience for the CouNcil. MOTION: of Hayes, seconded by Holton, setting a special CounCil meeting SET sPECIAL for July 6th, 1978, at 7:00 P.m. on the golf course club- MEETING house. Ayes - 5-Nays - 0. The Council discussed the proposal and the time schedule. Mr. SyverSon Said they hope to open the pro shop and restaurant by June of 1997 and the rest of the building by Fall of 1979. Nan McKay, of Dakota County HRA, was present and discussed the program w'ith the CoUBci!. The HRA would own the homes and rent them to families based on income. She said the proposal is that no more than ten percent of the homes in any one development could be in this program. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-116 RES. 1978-116 establishing a position description for City Administrator. ADMIN. DESC. Ayes - 5 - Nays - 0. MOTION : of Holton, seconded by Hayes appR0ving an Employment Agreement ADMIN. EMPLOY. with the City Administrator, as reviewed, with a base salary AGREEMENT of $29,200 and 70 working days in paragraph 3.A, and authoriz- ing the Mayor and Deputy Clerk to sign it subject to review by the City Att0rney. Ayes - 5 ~ Nays - 0. MOTION: of Hayes, seconded by FitzSimmons, approving a Memorandum of MEMO OF AGREEMENT Agreement stating any salary increase for the City Adminis- ADMIN. trator effective July 1,.1979, shall be at least eight percent and authorizing the Mayor and DeputY Clerk t0 sign it. Ayes - 5 - Nays - ~. MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1978- RES. 1978-117 117 amending Resolution No. 1977-265 including the positions of AMEND 1978 Planning Assistant and Community. Development Director, adding PERSONNEL PLAN Ranges I and deleting the positi0n of Administrator/city .... Clerk-Treasurer. Ayes - 5 v Nays - 0. MOTION: of Holton, seconded by Hayes, approving a salary increase for LIVING & BASSETT Richard Ling of.$95.00 per month effective JUly 1, 1978, and SALARY REVIEWS approving a salary increase for Michael BasseTt of $86.00 per month effective March 1, 1978, with his annual reView t0 be August 1, 1978. Ayes - 5 - Nays.- 0. MOTION: of Hayes, seconded by H0lton, approving hiring Gayle SchWab as HIRE'PARTTIME Puppetry Supervisor at $5.00 per hour effective June 19, 1978, EMPLOYEES Chris Haugen as Golf Course Attendant at $2.70 per hour, Mike Theodorson as Building Attendant at $2.40 per hour and a part time. Liquor Store employee alLeffective June 29, 1978; and approving saiary increases for. eter Beveridge end'Gretchen Engel to $2.40 per hour and for Virginia Peterson to $5.25 per hour effective June 29, 1978. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota June 29, 1978 Page 5 The C0uncil received a staff memo and the Engineers preliminary reports related to street improvements for Galaxie Avenueand Johnny Cake Ridge R0ad. Councilmember Hayes said the southern part of J0hnny Cake should not, be Widened because it will encourage Zoo traffic to come from County Road 42 to gat to the Zoo. Robert Rosene said the reason for upgrad- ing it to a nine-ton street is because of truck traffic; the improvements will reduce maintenance costs. John Gretz suggested biddlng this in two parts and review the costs of each before aWarding a contract. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1978-118 RES. 1978-118 directing the Engineer to prepare plans and specifications for PLANs & SpECS Street improvement in two parts: 1) Galaxie AVenue and Johnny GALAXIE & Cake Ridge Road from I32nd Street north tO the existing foUr lanes JOHNNY CAKE and 2) Johnny Cake Ridge Road from 132nd Street south to County Road 42. Councilmember Savanick asked if a trail could be added along Johnny Cake? Mayor Branning said LAWCON fUnding is aVailable fOr trails and Mike Bassett iS loOking into this. Robert Rosenesaid State aid funds can be used for trails but if LAWCON funding is available, the citY would not have to USe its stAte Aid funds. MOTION:of Savanick, NO SECOND, amending the above motion by including plans and specificationS for a trail along Johnny Cake as part 3 Motion died for lack of second. Vote was taken on the original motion..Ayes 5 - Nays 0. Mr. Asles0n sAid the City ls entitled to designate another 1.8 miles of State Aid streets in 1978 for the State Aid street system. The designation can only be placed on streets connecting one State Aid street to another. MOTIONS: of Holton, seconded by Hayes, requesting the Commissioner of REQUEST STATE Highways to apprOve a designation of State Aid streets on the AID STREET half mile of 140th Street from Cedar to Galaxie and on Galaxie DESIGNATION Avenue south of County Road 42 to a future east-west street and on that street, West to Cedar Avenue. Aye - .5- Nays -.0. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-119 RES. 1978Z119 approving plans and specifications for the sanitary sewer CEDAR KNOLLS diversion project at the Cedar Knolls lift station And authorizing DIV. BIDS advertisement for bids to be received July 27th, 1978, at 2:00 p.m, Ayes - 5 - Nays ~0. MOTION: of Fttzstmmons, seconded by Hayes adopting Resolution NO. 1978- RES. 1978-120 120 awardingn the contract for 1978 street seal coating and main- AWARD SEAL tenanee to blacktop Service C0mpany, the low bidder, in the amoUnt COAT CONTRACT of $29,892.00. Ayes - 5 - NAys - 0. MOTION: of Hayes, seconded by Fttzsimmons, adopting Resolution No. 1978- RES. 1978-121 121awarding the contract for Project 77-12(2) street improve AWARD':PROJ~ 77- ments to Minnesota Valley Surfacing Company, the low bidder, in 12(2) CONTAACT the amount of $253,460.00. Ayes - 5 - Nays - 0. MbTIoN: 0f Hayes,seconded by Holton, adopting ReSolution No 1978 -122 RES. 1978-122 awArding the contract for Prelect 77-12(1), utility improvements, AWARD PROJ. 77- to Encon Utilities, Inc., the low bidder in the amount of 12(1) CONTRACT $470,754.20. CITY OF APPLE VALLEY Dakota County, Minnesota June 29, 1978 Page 6 MOTION: Mr. Asleson said in July of 1977, the City requested the Waste Control. Commission to change the Seneca Wastewater district boundary to, include part of the Cobblestones area. The Engineer recommends an additional part of the CobblestoneS area should be included. Motion and second agreed to amend the previous motion by requesting a letter be sent to the Waste Control Commission requesting a boundary change as recommended by the Engineer. Ayes - 5 - Nays - 0. 140TH STREET MOTION: of Savanick, seconded by Fitzsimmons, directing the Engineer IMPROVEMENTS to prepare a preliminary, report on construction of 140th Street from the golf course entrance west to County Road i1. Mr. Asleson said if the City·makes the improvements to Galaxie and Johnny Cake this year, there would be no additional State Aid funds to construct this street. MOTION: of Hayes, seconded by Holton adopting Resolution No. 1978~123 RES. 1978-123 awarding the, contract for Project 76-13(2), Longridge 2nd util- AWARD~PROJ. 76- ities, to Richard Knutson, IBc,, the low bidder, in the amount 13(2) CONTRACT of $526,881.00. Ayes - 5 - Nays - O. MOTION: of Hayes, seconded by Holton accepting Johnny cake Ridge Road ACCEPTING JOHNNY as complete and authorizing final payment to Enebak Construc- CAKE, RD. FINAL tion subject to receipt of a letter from Eagan accepting the road also.~ Ayes - 5 - Nays - 0 . MOTION: Of Holton, seconded byHayes, giving permission for Robert Short PERMIT HELI- to land his helicopter at Westview on the 4th of July. Ayes , COPTER LANDING 5 - Nays - O. MOTION: Of Holton seconded by Hayes, approving a transient merchant TRANS. MERC; . license for Academy of Insulation to sell door-to-door in LICENSE 1978. Councilmember Holton commented that issuance of transient merchant licenses does not indicate the City endorses any businesses but only gives them permission to sell in the City. Vote was taken~on the motion~ Ayes- 5 Nays -0 MOTION: of Hayes, seconded by Fitzsimmons, approving the purchase of a PURCHASE trailer for the forestry program, to transport a trencher, at FORESTRY TRAILER a cost of $1,350 from Heavy Duty Equipment. Ayes v..5 - Nays~- 0~ MOTION:. of Savanick, seconded by Fitzsimmons, setting a special joint SET SPECIAL meeting with the Planning Commission on the Comprehensive MEETING Plan at 7:00 p.m. on July 26th, 1978. Ayes - 5 - Nays - 0. Councilmember Fitzsimmons commented, on the Council's function in personnel matters and said she questions the tegality of the private meeting, set for: July 6th 1978. MOTION: of Fitzsimmons, seconded by Savanick, to reconsider the closed RECONSIDER meeting set for July 6th, 1978, and make it an open meeting. JULY 6TH, 1.978 MEETING CITY OF APPLE VALLEY Dakota County, Minnesota June 29, 1978 Page 7 Mayor Branning said the meeting is only to consider whether the City Attorney should answer Mr. Severson's motion for interrogatories. Councilmembers Fitzsimmons and Savantck said that can be decided at an open meeting and Savanick said the decision could be made now. Jim Sheldon explained how the Council acts in the personnel hearing process and the purpose is to determine whether the termination of an employee should be upheld or not. Vote was taken on the motion. Ayes - 2 - Nays - 3 (Branning, Hayes, and Holton). Councilmember Fitzsimmons said she will not be present at that meeting because it will not be an open meeting. MOTION: of Holton, seconded by Fitzsimmons, approving temporary on-sale JULY 4TH 3.2 beer licenses for the Apple Valley Jaycee Women and American BEER LICENSES Legion Post 1776 on July 4, 1978, at Westview. Ayes - 5 - Nays - 0. Mayor Branning said the Minnesota Highway Department will hold a meeting July 11, 1978, at 2:00 p.m. at the McKee Complex Conference Room concerning I35E and I494. MOTION: of Fitzsimmons, seconded by Hayes, to pay the claims and bills, checks numbered 6706 through 6722 and 9242 through 9364, in the total amount of $881,680.31. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Hayes, seconded by Fitzsimmons, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:17 o'clock p.m.