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HomeMy WebLinkAbout07/14/1977CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1977 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held July 14th, 1977, at 7:00 o'clock p.m. PRESENT: Mayor Branning; Councilmembers Hayes, Holton and Savanick (attended at 7:15 p.m.); Clerk Asleson. ABSENT: Councilmember Fitzsimmons. Mayor Branning called the meeting to order at 7:05 p.m. in attendance took part in the pledge of allegiance to the flag. MOTION: of Hayes, seconded by Holton, approving the agenda for tonight's meeting as amended Ayes - 3 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving the minutes of the meet- ing of June 23, 1977, as written. Ayes - 2 - Nays- 0 (Hayes Abstained). MOTION: of Hayes, seconded by Holton, approving the minutes of the spec- ial meeting of June 29, 1977, as written. Ayes - 3 - Nays - 0. MOTION: of Hayes, seconded by Holton, receiving the annual Cable TV Commission report andauthorizing its transmission to the State Of Minnesota. Ayes - 3 - Nays ~ 0. MOTION: 0f Holton, seconded by Hayes, accepting the resignation of Don Remain from the Cable TV Connnission and requesting a letter thanking him for the time he volunteered be sent. AYes ' 3 - Nays - 0. APPROVE AGENDA JUNE 23, 1977 MINUTES JUNE 29, 1977 MINUTES CABLE TV REPORT D. ROMAIN RESIGNATION MOTION: of Hayes, seconded by Holton, directing the City Clerk to publish a notice that appiications are being accepted fOr appointment to the Cable TV Commission. Ayes - 3 - Nays - 0. Councilmember Savanick attended at this time. MOTION: of Savanick, seconded by Branning, waiving all procedures established by Resolution No. 1977-14 for the purpose of making appointments to the Park Committee at this meeting. Ayes - 4 MOTION: of Holton, seconded by Hayes, appointing Ellen Milos tO the Park Committee. MOTION: of Hayes, seconded by Holton, directing the City Clerk to ADVERTISE FOR APPLICANTS WAIVE COM. APP. PROCEDURES MILOS APP. TO PARK COMMITTEE COuncilmember Hayes asked to see a copy of the application before making a decision. Vote was taken on motion Ayes -.1 -Nays 0. (Branning, Hayes and Savanick Abstained). MOTION: Of Savanick, seconded by Hayes app0inting. Jacob N. Frank to the FRANK APP. TO Park Committee. Ayes - 3 - Nays 0 (Holton Abstained). PARK COMMITTEE MOTION: of Hayes seconded by Holton, accepting the resignation of Urban SCHNEIDER Schneider from the Park Committee and requesting a letter thank- RESIGNATION ing him for the time he volunteered be sent. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1977 Page 2 The Council discussed preparing some type of award which could be given to persons who have done volunteer work or pc=formed special services for the City and agreed a cert- ificate should be prepared. Vote was taken on the motion. Ayes - 4 - Nays - 0. Ellen Milos's application was on file and was reviewed by the Council. MOTION: of Hayes, seconded bySavanick, appointing Ellen Milos to the Park Committee. Ayes - 4 - Nays - 0. MILOS APP. TO PARK COMMITTEE ILES.1977-119 ACCEPT DONATION MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-119 accepting a donation of $350.00 from the Mrs. Jaycees for the Camp Sunshine program for thementally handicapped. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-123 RES. 1977-123 approving an agreement with Dakota County to install a flashing CO. RD. 42 & light at the intersection of County Roads 42 and 31 and author~ 31ilLIGHT izing the Mayor and City Clerk to sign it. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-120 RES. 1977-120, establishing terms of $1,460,000 Golf Course Refunding Revenue 121 & 122 RE- Bonds; Resolution No. 1977-121 establishing terms of $3,615,000 FUNDING BONDS Refunding Improvement Bonds; and Resolution No. 1977-122 estab- lishing terms of $570,000 Ice Arena Refunding Bonds and providing for the payment of each. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, authorizing the purchase of a PURCHASE VOTING single row masked punch at$700.00 and oneaelf-contained EQUIPMENT voting machine at $320.00 from Computer Election Systems. Councilmember Holton questioned the legality of making the sale of an item contingent upon the purchase of another item. Jim Sheldon~said he believes this is'all right because the company is offering a discount on the punch if additional merchandise is purchased. Vote was taken on the motion. Ayes - 4 - Nays ~ 0. MOTION: of Holton, seconded by Hayes, authorizing paying Diamond LIQUOR STORE 2 Path, Inc., $60.00 monthly effective June 1, 1977, for common MAINTENANCE area maintenance at Liquor Store No. 2 subject to an annual audit of the cost of the services. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-124 amending the final purchase price of Liquor Store No. 2 by $1,354.38 for a total of $166,062.60, subject to final audit. Ayes - 4 - Nays - 0. RES. 1977-124 LIQUOR STORE 2 PURCHASE PRICE MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977- 125 approving increases in the rate schedule of Dakota Ambul- ance Service as listed in the June 9th, 1977, letter subject to approval also by the Cities of Lakeville and Farmington. Ayes - 4 - Nays - 0. RES. 1977-125 DAKOTA AMBULANCE RATE INCREASE CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1977 Page 3 MOTION: of Hayes, seconded by Holton, amending the Couucil action of May 26, 1977 onProperty Underwriter's 2nd Addition by approv- ing a preliminary plat for Property Underwriter's 2nd Addition as recommended by the Planning Commission on April 27, 1977.. Ayes - 3 - Nays - 1 (Savanick). PRELIM. PLAT PROPERTY UNDER- WRITER'S 2ND PROPERTY UNDER- WRITER's 2ND AGREEMENT · V.C. PARK 2ND BERMEL SMABY MOTION: of Hayes, seconded by Holton, directing Staff to prepare a dev- elopment agreement for Property Underwriter's 2nd Addition per- mittingconstruction of an apartment building on lot 1 only until a concept plan for the entire area has been approved. Ayes - 3 - Nays - 0. (SavanickAbstained). MOTION: of Holton, seconded by Hayes, approving a building permit on i Lot 5 of Block 4 in Valley Commercial Park 2nd Addition sub- Ject to approval by the Building Official of the plans, screen- ing mechanical equipment and refuse containers, masking roof appurtenances, signage complimentary to the building and a landscape plan, as recommended by the Planning Commission. Ayes -4 - Nays - 0J MOTION: of Hayes, seconded by Holton, approving a building permit on Lot 2 of Block I in Apple Valley Commercial Addition for BLDG. PERMIT Bermel Smaby as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, Seconded by Hayes, granting a sign variance. for an 110 square foot pylon sign, 36 feet above grade, for Joe Graeve Motors in the northeast corner of. the lot, on the.west side of the east driveway access subject to landscaping being completed before the permit is issued. Mr. Graeve was present to discuss the sign and location of it. MOTION: of Holton, seconded by Savanick, amending the above motion by AMEND GRAEVE locating the sign in the center of the lot along 145th Street SIGN VARIANCE as recommended by the Public Works Director. Ayes - 2 - Nays 2 (Branning and Hayes). Vote was taken on the original motion. ~ Ayes - 3 - Nays 1 (Holton). SIGN VARIANCE JOE GRAEVE MTRS ROLLINS & BECMAN PROPERTY MOTION: of Savanick, seconded by Hayes, directing Staff to write.to Dakota County asking its intent on how much of the Rollins and- Beckman properties, if any, it will be acquiring in Section 13 as recommended by the Planning Commission. Ayes 4 - Nays - 0.. MOTION: Of Hayes, seconded by Holton, approving the Development Agree- COBBLESTONES ment and final plat of Cobblestone Lakeview Addition a~d LAKEVIEW FINAL authorizing the Mayor and Clerk to signthe same. pLAT & AGRMT. Mr. Howard Moore, attorney, for Revere Properties, was present and said the legal problems relating to title on the property have been resolved. Vote was taken on the motion. Ayes - 4 , Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1977 Page 4 MOTION: of Holton, seconded by Savanick, authorizing Staff to prepare a Joint application with School District 196 for funding for tennis courts under an Outdoor Recreation Grant Program with final approval of the application at the Council's July 28th'' meeting. Ayes - 4 - Nays - 0. OUTDOOR REC. GRAiqT APPROVAL Mr. Asleson commented On the request of the Firemen'sRelief Association to implement higher retirement benifits When the Association was organized, the maximum pension was lower than is presently allowed by State Law and that is the reason for the requested increase. MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-126 RES. 1977-126 amending Section I of Article VIII of the By-Laws of the Apple FIRE RELIEF Valley Firemen's Relief Association increasing retirement PENSION INC. benefits as permitted by State Law. Councilmember Savanick asked about increasing widows benefits also. John Field, President of the Relief Association,was present and said they probably would be requesting this in the near future, but they have not yet made a study of how much additional funding this would involve. Vote was taken On the motion. Ayes - 4 ~ Nays - O. MOTION: of Hayes, seconded by Holton, passing Ordinance No. 193, amend- ORDINANCE 193 lng Ordinance No. 33, exempting members of the Fire Department AMEND FIRE who as of July 14, 1977, had become members when they were D~.PT. RULES between the ages of 35 and 39 years, from the mandatory 55 years of age limit. Ayes- 4 - Nays - 0. MOTION: of Hayes, seconded by. Holton, adopting Resolution No. 1977-127 RES. 1977-127 approving plans and specifications for Project 76-20(1), PLANS & SPECS Garden. View Drive Street and Sidewalk ImprOvementS between & BIDS 76-20(1) County Roads 38 and 42 and in Academy Village, and authorizing advertisement for bids tO be received August 8th, 1977, at 2:00 p.m. Ayes - 4 - Nays - Oi MOTION: of Hayes, seconded by Holton, adopting Resolution No. 1977-128 RES. 1977-128 relating to utility and street improvements in the southsrn LAPAZ 2ND IMPR. cul de sac of LaPaz 2nd Addition. Ayes - 4 - Nays - O, MOTION: of Hayes, seconded by Savanick, adopting Resolution No. 1977- '"RES. 1977-129 129 receiving the preliminary engineering repbrt for Garrett GARRETT AVE. Avenue improvements and'setting a public hearing for August 11, PUBLIC HEARING 1977, at 8:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Hayes, adopting Resolution No. 1977- 130 reviewing the preliminary engineering report, previously received, and setting a public hearing for August 11th, 1977, at 8:15 p.m. on utility, street and sidewalk improvements in Cobblestone Lakeview Addition. Ayes - 4 - Nays - O. RES. 1977- 130 COBBLESTONE LAKEVIEW HEARING CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1977 Page 5 MOTION: Of Holton, seconded by Hayes, adopting Resolution No. 1977 131 directingthe Engineer to prepare pIans andspecifications for Project 76-14(1), utility improvements in Cobblestone Lakeview and LaPaz 2nd Additions. Ayes - 4 - Nays - 0. RES. 1977-131 PLANS & SPECS COBBLESTONE & LAPAZ SECOND MOTION: of Holton, Seconded by Savauick, adopting Resolution No. 1977-132 RES. 1977-132 directing the Engineer to prepare plans and specifications for PLANS & SPECS Project 76-14(2), street and sidewalk improvements in Cobblestone PROJ, 76-14(2) Lakeview and LaPaz 2nd Additions and Garrett Avenue. Ayes- 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, approving Change Order No. 2, JOHNNY CAKE RD. revised, of an additional $15,116.00 for Project 74-65, Johnny CHANGE 30NDERS Cake Ridge Road Improvements. Ayes - 4 Nays - 0. MOTION: of Holton, seconded by Hayes, approving Change Order No. 1, PROJECT 76-7 revised, of an additional $3,755.38 and Change Order No. 3 of CHANGE oRDERS an additional $4,665.35 for Project 76-7. Ayes - 4 -. Nays - 0. MOTION: of Hayes, seconded by Holton, accepting the Water booster ~ ACCEPT WATER station, Project 74-72A, from Norman T. Berglund ConstrUction BOOSTER STATION and authorizing final payment. Ayes - 4 - Nays - 0. ' AS FINAL MOTION: Of Hayes, seconded by H0lton adopting Resolution No. 1977-133 RES. 1977-133 receiving the preliminary engineering report for utilities and FOREST PARK street improvements in Forest Park and setting a public hearing IMP. HEARING fOr August 11th, 1977, at 8:30 p.m. Ayes- 4 - Nays - 0. MOTION: of Hayes Seconded by Holton, authorizing the Engineer tO-prepare HERITAGE HILLS a preliminary repOrt .for.utility and street improvements in 4TH PRELIM. Heritage Hills 4th Addition. Ayes - 4 - Nays - 0. REPORT Mr. Asleson noted that petitions asking the Council to place two questions on the September 27th park bond issue were received at the June23rd Council meeting and he has received several additional ones since then. The Council to discussed this with the Park Committee at their Join meeting on June 29th? Bart Hanna, a member of the Park Committee, said they have not discussed the question since the June 29th meeting. The Committee's original recommendation was one question for $970,000 to be used for acquisition and devlopment.< The seeond recommendation was two questions with land acquisition in the Alimagnet area as the second question. Don Romain commented on the proportion of population in different parts of the City and said he wants the bond issue to be fair to all parts of the City. Pam Sohlberg said splitting the question in two parts would have the eastern part of the City against the western part and not promote the community as a whole. Mayor Branning said he recommends having one question on the bond issue. Councilmember Hayes said he agrees it shouldbe one question without designating Where land should be acquired. Councilmember Holton said he would agree to the question saying the money will be spent for acquisition and development and not specify the amounts in each instance. Councllmember Savanick said the Council has to make a commitment on what will be done with the money, CITY OF APPLE VALLEY Dakota Ceunty, Minnesota July 14, 1977 Page 6 Bart Hanna said this is the first time he, has heard that this park bond referendum is an east-west issue. He said he has always looked at the City as a whole and wants to see the money spent where it will do the most good. Duane Barth commented on it being imprac- tical to spend a lot of money to purchase a few acres of additional park land where the City already has a very large park. Don Remain said he did not mean to say a two question ballot would promote an east-west split of the City, but he.wants it to be fair to the entire City. Harvey HenJum said any park bond issue question would have to be very.specific on what the money will be used for in order to pass. The Mayor said when the Council discussed hew the question should be worded, it wants to state for acquisition and development. The.accompanying brochure will be very specific and public meetings will be held to discuss the information. MOTION: of Holton, NO SECOND, placing two questions on the September 27th, 1977 park bond referendum of. $910,000 and for park land acquisition and develop- ment and $60,000 for park land acquisition in the Alimagnet area. MOTION: of SaVanick, seconded by Branning, placing one question on the PARK BOND September 27th, 1977, park bond referendum of $970,000 forpark ISSUE QuEsTION land acquisition and development and not referring to any specific item, but in .the information brochure state up to $60,000 wilt be spent for park land acquisition in the Alimagnet. area. MOTION: of Hayes, NO SECOND, amending the above motion by specifying onlyland acquisition and development in the question. MOTION: of Holton, seconded by Hayes, amending the above motion by AMEND PARK BOND having only one question and not specifying a dollar amount ISSUE QUESTION to be spent for park land acquisition in the Alimagnet area listed in the brochure. Ayes - 3- Nays- 1 (Savanick). : Vote was taken on the motion as amended. Ayes - 4 - Nays - O. Mike Bassett commented on preparing information about the park bond issue. He said slide presentation could be prepared now and adapted for general use later. Council- member Holton said he believes the cost of a slide presentation prepared by an outside firm is prohibitive and a good brochure could do the same Job MOTION: of Savanick, seconded by Holton, authorizing Staff and the Park PARK BOND COmmittee to proceed with preparation of a brochure on the park bond referendum. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, directing the Engineer to prepare a preliminary report for sidewalks on the southern part of Whitney Drive. Ayes - 4:- Nays - 0. BROCHURE PRELIM. REPORT WHITNEY DRIVE SIDEWALK Discussion of Pennock Avenue improvements north from Valley Commercial Park Second Addition to 140th Street was tabled because Mr. Eaton was not present. MOTION: of Holton, seconded by Savanick, approving hirlngvarious part- HIRE PARTTIME time and seasonal Park and Recreation employees as listed on EMPLOYEES the memo dated July 12, 1977. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1977 Page 7 MOTION: of Holton, seconded by Hayes, approving a salary increase for Yvonne Jacobson of $42.00 monthly effective May 15, 1977. Ayes - 4 - Nays - 0. JACOBSON SALARY REVIEW HIRE POLICE OFFICERS TRANS. MERC. LIC. MAHOWALD RES. 1977-134 CO. RD. 38 IMPROVEMENTS MOTION: of Holton, seconded by Hayes, approving hiring James Boyer and Gregg Spandl as Police Officers effective approximately August 1, 1977, at $950.00 monthly. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Hayes, approving a transient Merchant license for George Mahowald to sell farm produce. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1977-134 requesting Dakota County to improve County Road 38 from Pilot Knob Road to the entrance to Lebanon Hills Golf Course. Ayes - 4 - Nays - 0. Mr. Asleson commented on the City Hall construction contracts. The contracts contained provisions stating the owner will procure builders risk insurance and name the con- tractors as insureds. If the City doesn't procure the insurance, the contracts allow the contractors to obtain it and submit change orders to the City for the cost of the insurance. He said he will be working with the contractors and requesting a change in the contracts stating the City will obtain the insurance, but items not covered by builders risk will be covered by the contractors. The contracts have not yet been signed by the City and he wants the Council to be aware that some items are not covered by builders risk insurance. MOTION: of Holton, seconded by Hayes, to pay the claims and bills, checks nUmbered 3857 through 3877, 5234 through 5352 and 5360 through 5324, in the total amount of $803,564.64. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Hayes, to adjourn. Ayes - 4 - Nays - 0. The meeting adjourned at 10:15 o'clock p.m.