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HomeMy WebLinkAbout07/13/1978CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 13th, 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 7:00 p.m. The Councilmembers, and everyone in attendance took part in the pledge of allegiance to the flag. MOTi0N: of Holton, seconded by Hayes, approving the agenda for tonights APPROVE AGENA meeting as amended. AyeS 5~ Nays 0. · MOTION: of Holton, seconded by Hayes, approving the minutes of the meeting JUNE 29, 1978 of June 29th, 1978, as written. Ayes - 5 Nays. 0. MINUTES Consideration of the minutes of the special meeting, of July 6th, 1978, was tabled until the July 27th, 1978, meeting for the City Attorney to review the minutes. 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, adopting ResOlution No. 197B-124.- RES. 1978-124 authorizing the Police Chief or is designee to act as the City's REIMBURSEMENT agent for the purpose of making application's to the State for AGENT - POLICE reimbursement for police officer training programs. Ayes - 5 - Nays- 0. MOTION: of Holton, seconded by Hayes approving a revision to future JAXON DEED right-of-way on a deed restrictiOn for property owned by Jaxon RESTRICTION REV Corporation in Section 21 as recommended by the Planning Commission. Ayes 5-, Nays-0. MOTION:Of Holton, seconded by Hayes, approving an amendment to the agree- AMEND AGREEMENT ment on Lot 2. of Block 2 of Apple Valley Commercial Addition allow- 2~2A~V. COML. ing that lot to be completely occupied before replatting it. ADDITION MOTION: of Holton, seconded by Hayes, approving mobile home park permits EATON'S MOBILE for the years 1977 and 1978 for Eaton's Mobile Home Park. Ayes- HOME PARK PERMI' 5- Nays 0. MOTION: of Holton, seconded by Hayes, approving mobile home park permits CEDAR KNOLLS for the yearS 1977 and 1978 for Cedar Kn0lIs Mobile Home Park. PARK PERMITS MoTION: of Holton, seconded by Hayes, receiving a petition from John E. PRELIM. REPORT HopkinS for utilitties for NOrth star Addition I and directing NORTH STAR the Engineer to prepare a preliminary report On this. Ayes~5. Nays 0. ADDITION I MOTION: of Holton, seconded by Hayes adopting Resolution No. 1978-125 RES. 1978-125 approving plans and specifications for Project 77=13(2),Street PROJ. 77-13(2) BIDS CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1978 Page 2 improvements in Farquar Hills and authorizing advertisement for bids to be received August 10th, 1978, at 2:00 p,m,. Ayes - 5 - Nays - 0.~ MOTION: of H0lton, seconded by Hayes, approving a transient merchant GIRL SCOUTS license for the Girl Scout Council of St. Croix Valley to sell TRANS. MERC. LIC. cookies for a period of five years. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving a transient merchant NURSERY TRANS. license for Nursery on Wheels to sell trees and wood shavings MERC. LICENSE in 1978. Ayes ~ 5 - Nays- 0. MOTION: of Holton, seconded by Hayes, authorizing John Gretz to attend AUTHORIZE PARK the International Conference Of Building Officials Convention & BLDG. CONV. in Denver October 1 through 6, 1978, and Mike Bassett to attend ATTENDANCE the National Park Director's Convention in Miami October. 14 . through 18, 1978. Ayes~ 5 - Nays - 0. MOTION: of Holton, seconded bY Hayes, approVing payment of 18 hours at SWANSON ADDL. , $2.30 per hour to Douglas Swanson for time spent, on an animal PAY bite case. Ayes - 5 - Nays - 0. The Council received a resolution of the Minnesota Zoological. Board expressing apprecia- tion to the City for cooperation with the Minnesota Zoological Garden. MOTION: of Holton, seconded by Hayes, approving the exterior color of WATER TOWER 4 mist gray for Water ToWer No. 4. Ayes - 5 Nays ~ 0.. COLOR END OF CONSENT ITEMS Consideration of industrial revenue notes for the golf course clubhouse was tabled. The Administrator distributed Preliminary cost estimates of the proposed new fire stations in the total amount df $495,000 for the Councils review. MOTION: of Hayes, seconded by Holton, approving the content of the FIRE STN, REF. brochure for the proposed fire hall referendum. BROCHURE Councilmember Savanick said response time and site selection 'onsiderations should be explained more fully in the brochure. The Council discussed various parts of the bro- chure and Councilmember Savanick said additional information could be put in the next "Council Table" issue. Vote was taken on the motion Ayes - 5 ,~ Nays - 0. MOTION: of Hayes, seconded by Holton, approving the Agreement with COUNTY ECONOMIC Dakota County related to furnishing,a police Officer to invgs~ CRIME AGREEMENT tigate economic, or white collar crime and authorizing the Mayor and Clerk to sign it. Mr. Daniel Mabley, of the Dakota County Attorney's Office, was present and reviewed the program. He said even when this specially funded program is discontinued communities will benefit because members of thePolice Department will have received special training in this area of crime investigation. Jim Sheldon said he has reviewed,the agreement and approves. Vote was taken 0n the motion. Ayes.~5 Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1978 Page 3 MOTION: of-Hayes, seconded by Holton, approving, hiring Steven J. HIRE , POLICE Szozepanski, Craig Anglin and, James Eagle· as Police Officers OFFICERS effectrive approximately August 1, 1978, at $1,026 Per month sub~ Ject to their successfully, completion of physicals. Ayes 5 , Nays., 0. John Gretz reviewed the Planning Commission's recommendation on a sign variance request of Jimmy's Lem0n Tree Restaurant, which was to permit a pylon sign not to exceed, 102 square feet, located 40 to 45 feet east of Cedar Avenue and within 10 feet of the southern build- lng wall. The Council discussed this variance request and Councilmcmber Holton suggested putting additional signage on the building or a pylon sign at the Glazier Avenue entrance rather than Cedar Avenue. MOTION: of Hayes NO SECOND, to deny the request for a sign variance of Jimmy's Lemon Tree Restaurant. Motion failed for lack of a second. Councilmember Savanick suggested tabling this item for two weeks Until the minutes of the Planning Commission meeting of July12th can be reviewed. The Council agreed. MOTION: of Holton, seconded by Fitzsimmons, approving a revised landscape LEMON/TREE plan and parking lot expansion for Lemon Tree Restaurant as recom- LANDSCAPE & mended by the Planning Commission. Ayes - 5 Nays- 0. PARKING REV. The Council discussed a proposed amendment to the Housing Chapter 0f the MetroPolitian Development Guide. MOT0N: 0f Holton, seconded by Hayes, authorizing sending a letter to the METRO DEV. GUIDI public hearing July 20, 1978, on the proposed Housing Chapter amend~ HOUsING CHAPTER ment stating the four paragraphs in the July 10, 1978, memo from AMENDMENT the Community Development Department as the Council' s response. John Gretz said he will be attending the hearing. Councilmember Hayes suggested adding a statement that when houses of a verY small size are built, they be constructed so they can be added on to in the future. MOTION: of Holton, seconded by Hayes, calling for a vote on the above motion. Ayes - 2 Nays, 3 (Branning, Fitzsimmons: and Savanick). Councilmember Fitzsimmons said she has concerns about allowing very small houses as suggested by the Metropolitan Council. The Council discussed minimum house sizes and lot sizes. MoTION: Of Savanick, seconded by Hayes, amending the aboVe motion by elimina- ting reference to house sizes in paragraph 4 and adding paragraph 5, We strongiy, believe, that local unitS of government ,should control house sizes through zoning procedures. Aye~ 4.- Nays - I (Holton). MOTION: of Holton, seconded by Hayes, calling for a vote on the main motion as amended. Ayes 5 . Nays ~-0. Vote was taken on the motion as amended Ayes.~ 5.- Nays 0. Robert Rosene showed a topo map of the property at 12270 Johnny Cake Ridge Road owned by Mr. & Mrs. Wheaton. The pond abutting this property has risen and is nearly flooding part of the property. Dakota County owns the balance of the property around the pond. Mr. Rosario described the storm water flow in the area and said when Johnny Cake was constructed CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1978 Page 4 a cUlvert was placed under the road allowing some water from a pending area at thc ZoO to flow east. He said the pond next to the Wheaton's property could be pumped to a pond to the north to reduce the Water level. The Council discussed the problem and said part of it is attributable to runoff froM the Zoo Parking lot and also the extremely heavy rainfall. MOTION:of Hayes, seconded by Fitzsimmons, authorizing Staff to apply WHFATON POND~ for a permit to pump the pond from the DNR, pump the water at PUMPING.~ ~ a cost not to exceed $1,000 and pursue reimbursement from DakOta County and the Zoo for part of the costs. : Councilmember Savanick asked about applying for disaster funds through the County for this. The Administrator said that kind of assiStance iS mainly low interest loans. Vote was taken on the motion. Ayes - 5 - Nays - O. The Council received information related to tha Metropolitan Council's estimate of Apple Valley's population as of April 1, 1978. John Gretz said it is 17,960 but the City's records indicate 18,680 and he believes a Compromise Can be reached. Mike Bassett commented on LAWCON grant applicatidns for School-City acquisition and development of a middle school-athletic complex at 140th Street and Pilot Knob Road and a pathway along 140th street. Joanne Ellison said the SchoOl Board will, be considering the joint School-City application at its meeting Monday, July 17th. MOTION: of.Hayes, seconded by Fitzsimmons, granting concept approval to ScHOOL-CITY apply for LAWCON funding fokSchool,City acquisition and devel- LaWCON APP. opment of a middle school-athletic complex at 140th Street and Pilot Knob Road. Ayes - 5 -Nays - 0. MOTION: Of Savanick, seconded byHayes, granting concept approval to LaWCON & STATE applY for LAWCON and State Fund for a pathway along 140th TRAIL APP~ Street. Ayes - 5 - Nays - 0. MOTION: of FitZsimmons, SecOnded bY HAyes, approving a time table for a PARK..BOND REF. proposed park bond referendUm in spring of 1979 as recommended TIME TABLE by the Park Commttgee. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes adopting ReSolution N0~ 1978-126 RES. 1978~126 awarding the contract for Project 77-13(1), Farquar Hills util- AWARD PROJ. ities, to Fredrickson Excavating Co., the low bidder, in the 77-I3(1) amoUnt of $127,623.10. Ayes 5 - Nays -0. · MOTION : of Holtan, secohded by Hayes, auth0rizing Staff to proceed with RECRUIT SPORTS recruftMent of a maintenance employee at the SpOrts Arena ARENA EMPLOYEE through CETA funding at $795 per month salary. Ayes - 5 - Nays - O. MOTION: of Fitzsimmons, seconded by Hayes, approving hiring Darlene HIRE PART Seliga as a bus driver effective June 29, 1978, at $4.00 TIME EMPLOYEES hourly and Robert Klatte for forestry maintenance effective · July 10, 1978, at $3.00 hourly. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1978 Page 5 The Council received a letter from Independent School District 191 on an August 3rd, 1978, meeting concerning community services. Since a small portion of Apple Valley (in which no one presently resides) is in School District 191, an elected representative of the City is invited to attend this meeting. Councllmember Fitzsimmons said she is the school liaison, but will be out of town August 3rd. Mr. Asleson said he will check with the School and find out if attendance at the meeting is mandatory. Councilmember Fitzsimmons commented on a newspaper article on Dakota County pursuing funding for acquisition of Lac Lavon. Mayor Branning said the Metropolitan Council is holding a public hearing July 20th, 1978, on its proposed 1979 - 1983 Capital Improvement Program for Regional Recreational Open Space. He said he spoke with Chuck Lowery and he believes Lac Lavon should be requested to be acquired under this program. Mike Bassett said the Park Committee has reviewed this property and believes it has merit as usable park property and an effort should be made to acquire it. Mr. Lowery will be asking the Dakota County Board, at its meeting July 18th, whether to request that Lac Lavon be acquired under the Metropolitan Council Capital Improvements Program. Councilmember Fitzsimmons said she will at~end the July 18th meeting but would like a provision stating if Lac Lavon is acquired, Dakota County will pay for operating it. MOTION: of Savanick, seconded by Fitzsimmons, stating if Lac Lavon is LAC LAVON acquired as park property, Apple Valley will not pay for operating and maintenance. ACQUISTION ACQUISITION POSITION The Council noted this is direction and its Resolution No. 1976-68, requesting acquisition of the property, still stands. Ayes - 4 - Nays - 1 (Holton). Mayor Branning read a letter from Governor Perpich's office on a survey of using volunteer experience on employment application forms. Mayor Branning read a letter from Commodore Harry Atwood of the Minneapolis Aquatennial complimenting the Apple Valley 4th of July parade. Mayor Branning said he will not be able to attend the special July 26th joint Planning Commission Council meeting on the Comprehensive Plan. Mayor Branning read an Order on the matter of Dwayne Bronk's termination directing the City Attorney to answer certain of the Interrogatories by August 11, 1978, and setting the hearing on August 29th, 1978, at 9:00 a.m. before the City Council. The Mayor and Councilmembers Hayes, Holton, and Savanick signed the Order. MOTION: of Hayes, seconded by Holton, to pay the claims and bills, checks CLAIMS & BILLS numbered 6726 through 6730, 6732, 6733, 6735 through 6739 and 9372 through 9509, in the total amount of $488,248.92. Ayes - 5 - Nays - 0. MOTION: of Hayes, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:41 o'clock p.m.