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HomeMy WebLinkAbout11/21/1978CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1978 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held November 21, 1978, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Hayes, Holton, Savanick and Fitzsimmons (attended at 7:55 p.m.); Deputy Clerk. ABSENT: None. ~Mayor Branning called the meeting to order at 7:12 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 meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Hayes, seconded by Nolton, approving the minutes of the special NOV. 8 & 9, meeting of November 8th, 1978, and the meeting of November 9th, 1978 MINUTE8 1978, as written. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving the items on the consent agenda including receipt of the information on LAWCON funds and removing consideration of Project 76-10 and a Notice of Claim to the regular agenda. Ayes - ~ - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS The Council received information concerning the application by the City and School District 196 for LAWCON funds to develop the Eastview Athletic Complex. The application was rated number 31 by the State Planning Agency and consequently will not be funded. MOTION: of Holton, seconded by Hayes, granting a variance for a front- yard setback of 22 feet fer a house at 320 Cimarron Road as recommended by the Planning Commission. Ayes - 4 - Nays - 0. VARIANCE 320 CIMARRON RI NORDIC WOODS THIRD ADDITION FINAL PLAT RES. 1978-189 SET HEARING ON PROJECT 78-9 SNOW PLOWING CONTRACT RES. 1978-190 ADV. STREET SWEEPER BIDS MOTION: of Holton, seconded by Hayes, granting a variance to Ordinance No. 9 by suspending the requirement for a public hearing and Planning Commission review and approving the final plat of Nordic Woods Third Addition which~was previously given a waiver of platting. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes~ adopting Resolution No. 1978~i89 receiving the preliminary engineering report on Project 78-9, North Star Industrial and Diamond Path utility improvements~ and setting a public hearing on it at 8:00 p.m. on December 14, 1978. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Hayes, approving a contract for 1978-79 snow plowing at the City Hall and Liquor Store No. 2 with Chulyak & Davis Snow Plowing Service and authorizing the City Administrator to sign it. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978-190 approving specifications for a diesel engine driven pickup street sweeper and authorizing advertisement for bids to be received December 21, 1978, at 2:00 p.m. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1978 Page 2 MOTION: of Holton, seconded by Hayes, authorizing installation of street lights at the intersections of Pilot Knob Road and Elkwood Drive, 133rd Street Court and Johnny Cake Ridge Road and 147th Street and Galaxie Avenue. Ayes - 4 - Nays - 0. STREET LIGHT INSTALLATIONS RES. 1978-191 FIRE STATION DOOR HEIGHT MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1978- 191 directing Peterson, Clark & Associates to design the garage doors for the new fire stations with a height of 12 feet 6 inches. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving hiring Sandy Rhodes HIRE PARTTIME as a basketball referee at $7.50 per game effective November EMPLOYEES 21, 1978; Paul Gladitsch as a building attendant at $2.55 per hour effective November 4, 9178; and Jose Suarez as an ice guard at $2.50 per hour effective November 20, 1978. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978- 192 accepting the donation of tables and chairs for the Westview Community Building from the Welcome Wagon Club and thanking the Club for the equipment. Ayes - 4 - Nays - 0. RES. 1978-192 ACCEPT WELCOME WAGON DONATION Mike Watkins, representing the Apple Valley Jaycees and Apple Valley Jaycee Women, read a letter thanking Fire Chief Richard Tuthill, Sergeant Thomas Ingram, Officer Brent Moody and Community Development Director John Gretz for help in community projects. He then presented John Gretz with a certificate of appreciation for his help. MOTION: Hayes, seconded by Holton, approving a building permit for a SWEET BUILDING house for Joseph Sweet on Galaxie Avenue south of Greenleaf PERMIT School as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Hayes, seconded by Savanick, approving a building permit SCHULZ BUILDING for a house for Helen Schulz on the west side of Cedar Avenue PERMIT as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolutions No. 1978- 193, 1978-194, 1978-195, 1978-196, I978-197, 1978-198 and 1978-199 approving the final supplementary bond details for Academy Village Commercial Development Revenue Notes 8 through 14, inclusive. Ayes - 4 - Nays - 0. RES. 1978-193 THROUGH 1978-199 ACADEMY VILLAGE BUILDING PERMITS ACADEMY VILLAGE MOTION: of Hayes, seconded by Holton, approving building permits for four-plexes on Lots 9, 10, 11 and 17 of Block 2 and Lot 9 of Block 3 of Academy Village as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Mike Bassett said the 90-day period approved for Valley Recreation Company to finalize financing on the golf course clubhouse and prepare an operating agreement will expire this week. He said neither he nor Steve Mattson has received any response from Mr. Syverson on these items and would like to review other alternatives. MOTION: of Savanick, seconded by Holton, authorizing City Staff to GOLF COURSE proceed with pursuing other proposals for a golf course CLUBHOUSE clubhouse. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1978 Page 3 John Gretz reported on the MNDoT State Transportation Plan on which a public hearing will be held December 4, 1978. He gave the Council copies of the proposed rules under which MNDoT will be proceeding in implementing the plan. Councilmember Savanick said the Transportation Advisory Board, of which she is a member, has reviewed the proposed rules and discussed the formation of a statewide board on transportation. She also said the rules should include a provision for notification to communities of deferment of road construction projects affecting their areas, MOTION: of Savanick, seconded by Holton, directing Staff to attend the December 4th hearing and prepare a written rssponse encouraging the formation of a state transportation board and including a provision in the rules for notification to communities of deferment in construction of roads. Ayes - 4 - Nays - 0. RESPONSE TO STATE TRANS. PLAN MOTION: of Savanick,-seconded by Hayes, directing Staff to work with the MAINTENANCE OF Chamber of Commerce to develop a method of cleaning up commercial COMMERCIAL areas; research the feasibility of severing public access from AREAS private streets and parking areas that have become unsafe; and directing the City Attorney and Urban Affairs Committee to prepare an ordinance requiring traffic directional signs in private parking lots as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Councilmember Fitzsimmons attended at this time. Councilmember Holton reviewed a proposed ordinance establishing a commercial-industrial commission for the City. Mayor Branning said he has looked at the City promoting itself as far as commercial-industrial property goes, but believes this is really something that should be handled by the Chamber of Commerce as it is in most other Cities. Councilmember Holton said he agrees this needs more discussion and asked Staff to review it with the Chamber of Commerce at its next meeting. Mayor Branning called the public hearing to order at 8:01 p.m, on Project 78-11, improve- ments in. Carrollwood Village Fourth Addition, and noted receipt of the affidavit of publication. Keith Gordon reviewed the proposed sanitary sewer laterals, water laterals, storm sewer trunks and laterals and streets and sidewalks. The Mayor asked for any questions or comments from the Council and the audience; there being none, the hearing was closed at 8:08 p.m. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978-200 ordering Project 78-11, improvements in Carrollwood Village Fourth Addition. Ayes - 5 - Nays - 0. RES. 1978-200 ORDER PROJECT 78-11 RES. 1978-201 PROJ. 78-11 PLANS & SPECS MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. 1978- 201 directing the Engineer to prepare plans and specifications for Project 78-11. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:10 p.m. on Project 78-10, construc~ tion of 142nd Street from Guthrie Avenue to Pennock Lane, and noted receipt of the affidavit of publication. Keith GorRon reviewed the proposed construction which will abut Carrollwood Village Third and Fourth Additions and the unplatted property along Pennock Lane. John Gretz said the cost of the road abutting park property will be paid by the City Keith Gordon said the City's cost will be about $5,000 and the street will have sidewalks. The Mayor asked for any questions or comments from the Council and the audience; there being none, the hearing was closed at 8:16 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1978 Page 4 MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution No. RES. 1978-202 1978-202 ordering Project 78-10, construction of 142nd Street ORDER PROJECT from Guthrie Avenue to Pennock Lane. Ayes - 5 - Nays - 0. 78-10 MOTION: of Hayes, seconded by Fitzsimmons, adopting Resolution NO. RES. 1978-203 1978-203 directing the Engineer to prepare plans and PROJ. 78-10 specifications for Project 78-I0. Ayes - 5 - Nays - 0. PLANS & SPECS Mayor Branning called the public hearing to order at 8:17 p.m. on 1979 renewal appli- cations for on-sale liquor licenses. The applications are from Lyndale Investment, Inc., d/b/a Lemon Tree Restaurant; Beef 'N' Brew, Inc., d/b/a Beef 'N' Brew; and Apple Place, Inc., d/b/a Apple Place. The Mayor asked for questions or comments from the Council and the audience; there being none, the hearing was closed at 8:18 p.m. MOTION: of Hayes, seconded by Savanick, tabling consideration of TABLE ON-SALE issuing the 1979 on-sale liquor licenses until the next LICENSES Council meeting. Ayes - 5 - Nays - O. John Gretz said the Burnsville City Council held a public hearing on November 20, 1978, on the Lake Alimagnet Outlet Project and voted to proceed with the project jointly with Apple Valley. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1978- RES. 1978-204 204 approving plans and specifications for Project 76-10, PROJ. 76-10 Lake Alimagnet Outlet, and authorizing advertisement for BIDS bids to be received December 21, 1978, at 2:00 p.m. Ayes - 5 - Nays - O. Mike Bassett presented a proposal for plowing snow only on sidewalks and pathways abutt- ing public and undeveloped properties along streets of minor arterial or higher status. He also said sidewalks in residential areas abutting streets of minor arterial or higher status leading directly to schools would be plowed after snowfalls exceeding six inches. The Council discussed plowing snow on sidewalks. Councilmember Hayes suggested all sidewalks within a mile radium of schools be plowed when snowfall exceeds a certain depth. Councilmember Fitzsimmons said because of the cost of removing snow from sidewalks, property owners should shovel their own sidewalks. The Council dis- cussed plowing sidewalks on one side of the street near schools and establishing various priority areas. The Council took no action so the policy established by Resolution 1977-214 stands. MOTION: of Hayes, seconded by Holton, authorizing installation of no SNOWMOBILE USAGE snowmobiling signs in Lake Alimagnet Park because of con- RESTRICTIONS struction and along the 140th Street easement between Cedar and Galaxie Avenues when street construction commences. Ayes - 5 - Nays - O. MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1978- RES. 1978-205 205 requesting MNDot to construct a detached service drive CEDAR DETACHED along the west side of Cedar Avenue from the Zoo Entrance SERVICE DRIVE Road to about the 137th Street alignment. Ayes - 5 - Nays - O. The Council reviewed a Notice of Claim of Hugh Thorsen Construction, et al, vs. Apple Valley, et al. The Mayor asked why the City is being sued. Jim Sheldon said the com- plaint alleges water services installed in Cedar Knolls Mobile Home Park were defective. The Claim has been turned over to the City's insurance companies. John Gretz explained how the water connections were made. The Mayor said if costs to the City for attorney's fees and staff time become excessive, they should be included in the cost of litigation, CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1978 Page 5 MOTION: of Hayes, seconded by Fitzsimmons, accepting the resignation of Fred L. Prom, City Finance Director, effective December 2, 1978, and that this Council wishes to express to Mr. Prom its apprec- iation for his more than four years service to the City of Apple Valley and to recognize as a particular achievement his work with the installation of the City's LOGIS system. Ayes - 5 - Nays - 0. ACCEPT PROM'S RESIGNATION RECRUIT FINANCE DIRECTO MOTION: of Holton, seconded by Hayes, authorizing the City Administrator to initiate recruitment procedures for the position of Finance Director with such procedures to include placing recruiting notices in the local and metropolitan area newspapers and the City Administrator shall further send letters of invitation to apply to various Finance Directors and others who may be qualif- ied for the position. Said notices shall specify that the position salary shall be up to $23,000 starting and a minimum of two years progressively responsible experience in local govern- ment finance is required. Ayes - 5 - Nays - 0. The Council discussed the Police Chief vacancy caused by Gene Corrigan's retirement. Councilmember Hayes said he has looked at creating the position of Public Safety Director, but does not believe that _] is what the City needs presently. He has considered national, statewide and selective recruitment to fill the position and also promotion from within the department. After considering all factors, he recommends promotion from within the department. MOTION: of Hayes, seconded by Holton, promoting Lloyd Rivers to the posi~ RIVERS tion of Police Chief effective January 1,1979, with salary to be POLICE CHIEF discussed at a later date. Mayor Branning read a letter from the Police Advisory Committee outlining various aspects of police chief recruitment. After various considerations, it recommends Lloyd Rivers be appointed Police Chief. It also commended Gene Corrigan for his past service. MOTION: of Holton, seconded by Hayes, amending the above motion by also appointing Lloyd Rivers to the position of Civil Defense Director effective January 1, 1979. The Council questioned whether this amendment should be considered at this time. The motion and second withdrew the amendment for discussion at a later date. Vote was taken on the original motion. Ayes - 5 - Nays - 0. Councilmember Hayes reported on a meeting he attended on implementation of the 911 system in Dakota County. The implementation is recommended by 1982. He said he does not believe Dakota County will have totally centralized dispatching, but the six point decentralized plan is more feasible. He said he recommends Apple Valley do contract dispatching for any surrounding local communities who might desire it. MOTION: of Fitzsimmons, seconded by Hayes, adopting Resolution No. 1978- 206 supporting the 911 Committee's recommendation to the Dakota County Board for six-point decentralized dispatching. Ayes - 5 - Nays - 0. RES. 1978-206 911 SYSTEM CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1978 Page 6 Councilmember Savanick said a "Council Table" newsletter will be coming out in early January and December 15, 1978, is the deadline for submitting any articles to her. MOTION: of Hayes, seconded by Holton, to pay the claims and bills checks numbered 6853, 6854, 10858 through 10912 and 10920 through 1~016, in the total amount of $1,077,467.34. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Fitzsimmons; seconded by Hayes, to adjourn. Ayes - 5 - Nays - 0. The meeting adjourned at 10:20 o'clock p.m.