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HomeMy WebLinkAbout11/24/1975CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1975 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 24th, 1975, at 7:30 o~clock p.m. PRESENT: Mayor Largen; Councilmen Branning, Garrison, Hayes and Holton; Deputy Clerk Mueller. ABSENT: None. Mayor Largen called the meeting to order at 7:30 p.m. The Council and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Largen gave the invocation. MOTION: of Branning, seconded by Holton, approving the minutes of the meet- NOV. 10, 1975 ing of November 10th, 1975, as written. Ayes - 5 - Nays - 0. MINUTES MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1975-165 RES. 1975-165 amending the City's Trunk Storm Sewer Policy, both as to rates and AMEND TRUNK method of assessment of ponding areas. Ayes - 5 - Nays - 0. STORM SEWER MOTION: of Holton, seconded by Branning, adopting Resolution No. 1975-166 RES. 1975-166 awarding the contract for employee group health and life insurance AWARD EMPLOYEE to United of Omaha, the low bidder based on the information sub- GROUP INSURANCE mitted in the bids of November 14th, 1975, effective December 1st, 1975. Ayes - 5 - Nays - 0. Senator Howard Knutson, Representative Robert Jensen and Gary Pagel, Representative on the Metropolitan Council, were present to discuss upcoming legislative items with the Council. Both Senator Knutson and Representative Jensen agreed the State should construct the Zoo entrance road as.soon as possible and the Cedar Avenue Bridge. Mr. Pagel, who is also on the Metropolitan Council's Physical Development Committee, said he believes that maybe Dakota County has problems accomplishing its goals because of lack of representation on the various advisory boards and committees of the Metropolitan Council. Councilman Garrison commented on a study of the history of local government aids he had prepared and requested an amendment of the population figures used in determining local government state aids~ Senator Knutson and Representative Jensen said they will draft a bill for this amendment, based on the evidence in this study, and request a hearing for it immediately. Some of the other items briefly discussed were the levy limit law, which they felt would not be able to be amended this session; unemployment tax on business; a mandatory planning bill, which will be passed in some form in this session; additional tax levy for the Metropolitan Council; pension funds; block grant applications; business and corporate tax relief; insurance company payment for out- patient surgery and emergency care. Councilman Garrison asked Mr. Pagel what he sees as the future of the Metropolitan Council. He replied that it will continue to grow and continue to be as big and have as much power as communities and legislators will allow. He does believe, however, it should be only a planning and coordinating agency. Public Hearing - The Mayor called the public hearing on Assessment Roll No. 110, high school and Wildwood area utility improvements, to order at 9:30 o'clock p.m. and read the affidavit of publication. John Gretz reviewed the assessment roll for sanitary sewer, water and storm sewer trunks and laterals in the total amount of $264,718.64. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1975 Page - 2 The Mayor called for any questions or comments from the Council and the audience. There being none, the hearing was declared closed at 9:34 o'clock p.m. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1975-167 RES. 1975-167 adopting Assessment Roll No. 110 as written. Ayes - 5 - Nays - 0. ASSMT. ROLL Public Hearing - The Mayor called the hearing on renewal of the liquor license for 1976 for Apple Place to order at 9:35 o'clock p.m. and noted the affidavit of publication. The Mayor asked for any questions or comments from the Council and the audience. Gordon Peters said he has seen minors going through the bar area and felt the supervision of minors could be improved. Councilman Hayes said it is possible they were going through to the pizza restaurant, but agreed this was something to be watched. There being no further questions or comments, the hearing was declared closed at 9:39 o'clock p.m. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1975-168 granting a renewal of the liquor license for on-sale and Sunday liquor sales for 1976 for Apple Place. Ayes - 5 - Nays - 0. RES. 1975-168 APPLE PLACE 76 LIQUOR LIC. Public Hearing - The Mayor called the hearing on the 1976 liquor license application of Beef 'N' Brew, Inc., to order at 9:39 o'clock p.m. and noted the affidavit of publi- cation. The Mayor asked for any questions or comments from the Council and the audience. City Attorney McMenomy commented on the fact that the financial statement was by a public accountant and not a certified public accountant and that the food sales were 46 percent of the total. It is bis opinion that the ordinance provisions are directory rather than mandatory and should be used for a procedure to follow, but can be waived in any given case. Councilman Garrison said he felt it was a good operation. Councilman Branning asked whether the City would set a precedent if it waived the certified public accountant requirement. The Attorney said he felt it would not; it could be waived now and still upheld in the future. Councilman Hayes said Beef 'N' Brew should probably be encouraged to use a certified public accountant to prepare its financial statement next year. Mr. Liberman said he could provide the financial statement signed by a certified public accountant if requested to do so. Mr. McMenomy said he felt the term in the ordinance stating the principal part of the business must be food service related more to the setup of the business and how it is oriented rather than an actual percentage. There being no further questions or comments, the hearing was declared closed at 9:57 p.m. No action was taken because this is not a renewal but a new license because of the change in ownership from an individual to a corporation, Beef 'N' Brew, Inc. It will be scheduled on the next meeting agenda. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1975-169 award- RES. 1975-169 ing the purchase of 475 water meter conversion units to Badger Meter AWARD METER Company for the alternate low bid of $18.80 per unit. Ayes - 5 - CONV. UNITS Nays - 0. MOTION: of Holton, seconded by Branning, approving a transient merchant lic- TRANS MERCH. ense for Apple Valley Boy Scout Troop 290 to sell fund raising items LICENSE for a period of five years. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Branning, adopting Resolution No. 1975-170 re- garding completion of the Environmental Impact Statements on I35E and 1494 by the Minnesota Highway Department and directing the City staff CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1975 Page - 3 to investigate participation in the legal action being taken to urge completion of these statements. Ayes - 5 - Nays - 0. RES. 1975-170 I35E& I494 RES. 1975-171 DEPUTY CLERK- TREASURER MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1975-171 ap- pointing Mary E. MuellerDeputy Clerk-Treasurer effective immediately. -Ayes - 5 - Nays - 0. Mayor Largen requested that the Council discuss the separation of the offices of City Clerk and City Treasurer at a meeting before the end of this year. MOTION: of Hayes, seconded by Branning, approving Change Order No. 1 for CHANGE ORDER the water booster station in the amount of $400.00 for a transformer WATER BOOSTER pad. Ayes - 5 - Nays - 0. STATION MOTION: of Branning, seconded by Hayes, approving hiring David Beckstrom and Dean Twite as Police Officer Trainees under the CETA program effective November 25th, 1975, at salaries of $795.00 monthly. Ayes - 5 - Nays - 0. HIRE POLICE OFFICER TRAINEES RES. 1975-172 HIRE DISPATCHER CHANGE ORDER PROJ. 74-77A CARROLLWOOD 2ND AGREEMENT MOTION: of Hayes, seconded by Garrison, adopting Resolution No. 1975-172 hiring Barbara Klick as a part-time Police Dispatcher effective November 25th, 1975, at a salary of $2.81 per hour. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Holton, approving Change Order No. 4 to the Barbarossa contract for Project 74-77A for sanitary sewer services to serve Academy Village in the amount of $1,341.20.~ Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Holton, approving a development agreement for Carrollwood Village Second Addition with Jaxon Corporation and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Branning, approving the concept plan for PLAN FOR LaPaz Second Addition with the changes as recommended by the Plann- LAPAZ SECOND lng Commission and directing the City staff to prepare a develop- ADDITION ment agreement for Council consideration. Ayes - 5 - Nays - 0. The City Attorney commented on the status of the Crystal Lake legal proceedings. He had moved for a dismissal of the case on the basis of several legal points, but the Judge denied the motion November 3rd, 1975. He believes there is nothing to do now but go through litigation to settle,the matter. The Council received preliminary approval of a development grant application for Alimagnet Park. Mike Bassett, Park Director, said another application must now be sub- mitted by January 9th. If the final application is accepted, funds would probably be allocated in June or July. The Council also discussed various means of obtaining the matching funds the City needs before it can get the grant. The Mayor requested staff to obtain the latest catalog of Federal aid programs to review for other sources of funds that might be available to the City. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1975 Page - 4 MOTION: of Branning, seconded by Hayes, adopting Resolution No. 1975-173, RES. 1975-173 a revised policy for use of the Westview Community Building, to WESTVIEW take effect January 1st, 1976. Ayes - 5 - Nays - 0. POLICY MOTION: of Garrison, seconded by Branning, authorizing the purchase of a MOWER & FLATBED demonstrator, 1976 Groundsmaster, mower for $3,900 and a demonst- PURCHASE rator flatbed trailer for $1,950, the low quotes, from Toro Company, for the Park Department. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, approving the attendance of the Park Driector, Mike Bassett, at the Minnesota Recreation & Park Association convention in Rochester, Minnesota, December 3rd, 4th and 5th, 1975. Ayes - 5 - Nays - 0. PARK DIRECTOR M.R.P.A. CONV. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1975-174 RES. 1975-174 directing installation of no parking signs along the residential ELM DRIVE side of Elm Drive from County Road 42 to Walnut Lane by the Country NO PARKING Club. Ayes - 5 - Nays - 0. Mike Bassett commented on consideration of establishing a joint account with Evergreen Sprinkler Company, W. & G. Rehbein and the City of $5,000 for five years as a warranty for the golf course sprinkler system. The City is also holding a check from Rehbein to Evergreen now for completion of the sprinkler system. He will be discussing this further with the City Attorney. MOTION: of Garrison, seconded by Holton, adopting Resolution No. 1975-175 authorizing the installation of a stop sign eastbound on 147th Street at Galaxie Avenue. Ayes - 5 - Nays - 0. RES. 1975-175 147TH & GALAXIE STOP SIGN John Gretz was asked when 140th Street would be opened. He said a driveway for the Calistro property is being constructed now and when that is completed, the street will be opened for traffic. Mayor Largen asked about installing a street light at 149th Street and Cedar Avenue by the Country Kitchen. John Gretz said he is presently determining whether street lights should be placed at several locations and he would add this one to the list. MOTION: of Hayes, seconded by Holton, accepting the street and utility im- ACCEPT DIAMONG provements in Diamond Path Addition for maintenance purposes. PATH UTILITIES Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Holton, granting a sideyard variance for VARIANCE Lot 1, Block 3, Apple Valley East down to 26 feet from the Dunbar A.V. EAST Avenue right-of-way for a house. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Hayes, granting a rearyard variance for VARIANCE Lot 8, Block 3, Nordic Woods 1st Addition to 26 feet from the rear NORDIC WOODS 1ST lot line for a double bungalow. Ayes - 5 - Nays - O. MOTION: of Hayes, seconded by Garrison, granting a sideyard variance for VARIANCE Lot 16, Block 1, Timberwick 1st Addition to 12 feet from the Hayes TIMBERWICK 1ST Road right-of-way (that portion of Hayes Road is closed) as re- commended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1975 Page - 5 MOTION: of Garrison, seconded by Holton, denying a variance, as recommended DENY VARIANCE by the Planning Commission, for Lot 8, Block 1, Scott Highlands SCOTT HIGHLANDS 2nd Addition for a cabana. Ayes - 5 - Nays - 0. John Gretz reported that the environmental assessment on the Wildwood subdivisions has been ordered by the E.O.C. Apple Valley will have to prepare it, but the cost can be billed back to the developer. The E.O.C. staff has allowed the assessment to be pre- pared 45 days from the time the Planning Commission makes a recommendation to the City Council on the public hearing. Councilman Branning said the November 20th, 1975, meeting of the Dakota County League of Municipalities, which was canceled, has been rescheduled for December 4th at 8:00 p.m. Mayor Largen asked about the fencing at Keller Park. John Gretz said a fence has been installed in front of the outlet under the concrete platform. John Gretz said he has received requests from the residents on Garden View Court for a street light. He was directed to have one installed. Councilman Hayes also asked about a street light on the service drive south of County Road 42. The Council dis- cussed the possibility of installing lighting systems in various areas. If the residents petition for a street lighting system, it could be installed and paid for as is done in the newer subdivisions now. MOTION: of Garrison, seconded by Holton, approving the specifications for a APPROVE SPECS. multi-use tractor for the Park Department subject to revision by FOR TRACTOR Councilman Branning and Mike Bassett requesting on-site demonstration before purchase and more generalization in the terminology of the specifications. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Hayes, adopting Resolution No. 1975-176 authorizing advertisement for bids on a multi-use tractor to be received December 8th, 1975, at 2:00 p.m. Ayes - 5 - Nays - 0. RES. 1975-176 TRACTOR BIDS MOTION: of Hayes, seconded by Branning, approving hiring Peggy Mullikin and HIRE POOL Caryn Mullikin as locker attendants for the swimming pool at the EMPLOYEES rate of pay established in Resolution No. 1975-5. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Hayes, approving the claims and bills, checks numbered 14789 through 14799 and 14801 through 14866, in the amount of $1,205,733.06 (not approving check 14800). Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Branning, seconded by Hayes, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:53 o'clock p.m