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HomeMy WebLinkAbout07/12/1984CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1984 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 12th, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning (attended at 8:19 p.m.); Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 8:02 p.m.); Clerk Asleson. ABSENT: None. Acting Mayor Holton called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Goodwin, seconded by Humphrey, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA CONSENT AGENDA RES. 1984-103 SET HEARING PROJ. 84-18 RES. 1984-104 SET HEARING PROJ. 84-19 Councilmember Savanick attended at this time. MOTION: of Humphrey, seconded by Goodwin, removing hiring of parttime employees from the consent agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 103 receiving the preliminary engineering report on Project 84-18, Shepherd of the Valley Church in Pinecrest 2nd Addition Improvements, and setting a public hearing on it at 8:00 p.m. on August 9, 1984. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 104 receiving the preliminary engineering report on Project 84-19, Timberwick 7th Addition Improvements, and setting a pub- lic hearing on it at 8:00 p.m. on August 9, 1984. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Northdale Construction Co. for Project 83-3(1), Central Trunk Diversion Phase I, in the amount of an additional $9,605.00. Ayes - 4 - Nays - 0. CHANGE ORDER 1 PROJ. 83-3(1) END OF CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Goodwin, approving the minutes of the meeting of June 28th, 1984, as written. Ayes - 4 - Nays - 0. JUNE 28, 1984 MINUTES AUDIENCE DISCN. Acting Mayor Holton asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. Acting Mayor Holton called the public hearing to order at 8:05 p.m. on a CABLE FRANCHISE revised franchise ordinance with Metro Cable, Inc., and noted receipt of HEARING the affidavit of publication of the hearing notice. Mr. Asleson reviewed some of the history of the cable franchise in the City and said the document being considered represents a commitment by Metro to upgrade the system and complete CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1984 Page 2 installation in the City. Frank Woytek, of Metro Cable, and Rollin Bible and Diann Albers, of the City's Cable TV Commission, were present to answer questions. Acting Mayor Holton asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:09 p.m. MOTION: of Goodwin, seconded by Savanick, passing Ordinance No. 323, repealing Ordinance 234, as amended, and renewing a franchise to Metro Cable, Inc., to operate and maintain a cable communi- cation system in the City through December 3i, i998, including conditions accompanying the grant, providing for regulation and use and prescribing penalties for violation, to be known as Article II of Appendix C of the Apple Valley City Code. ORDINANCE 323 RENEW METRO CABLE FRANCHISE The Council thanked the Commission members for their work on the ordinance. Mr. Asleson noted that the proposal and attachments referred to in the ordinance will become part of the ordinance by reference. Vote was taken on the motion Ayes - 4 - Nays - 0. Acting Mayor Holton called the public hearing to order at 8:12 p.m. on PROJ. 83-11 Project 83-11, Nordic Woods 5th Addition Improvements, and noted receipt pUBLIC of the affidavit of publication of the hearing notice. Mr. Gordon re- HEARING viewed the preliminary engineering report dated March 27, 1984, and noted that sanitary sewer will connect to the sewer in place at 131st and Germane. Easements have been obtained for the required storm sewer. Based on current City policy, no sidewalks are included within the plat. Councilmember Savanick asked how many homes will be served by the one street access? Mr. Gordon said the plat was approved with 58 lots. A second access will be con- structed when property to the east develops. Councilmember Savanick said she believes there are too many lots for just one access and construction should be limited. Councilmember Humphrey asked what the building schedule is? Andrew Volstad, representing the developers, said 3i lots have been purchased and con- struction on these lots will start late 1984 or early 1985. Acting Mayor Holton asked for other questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:21 p.m. (Mayor Branning attended during this time.) MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 105 ordering installation of Project 83-11, Nordic Woods 5th Addition Improvements. Ayes - 4 - Nays - 1 (Savanick). RES. 1984-105 ORDER PROJ. 83-11 RES. 1984-106 PREPARE PLANS PROJ. 83-11 RES. 1984-107 FIRE RELIEF BYLAW AMENDMT. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 106 directing the Engineer to prepare plans and specifications for installation of Project 83-11. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 107 approving amendments to Article VI of the Bylaws of the Apple Valley Firefighters' Relief Association, in accordance with Minnesota Law. The amendments consist of changing the CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1984 Page 3 pension for retired firefighters from $6.00 per month per year of service to $10.00 and providing the current pension amount to retired firefighters in lieu of the amount in effect when their active service terminated with all changes to be effective August 1, 1984. Theron Wilson, Secretary of the Relief Association, was present to answer questions and said the amendment was approved by the Association membership at a special meeting on July 8, 1984. Councilmember Savanick noted it was four years since the last change and suggested it be considered every two years in the future. Mr. Asleson said this was the first year state law permitted a change following the dece- nnial census. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 108 approving the final plat and development agreement for Pennock Place Third Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - N~ys - 0. RES. 1984-108 PENNOCK PLACE 3RD FINAL PLAT ORDINANCE 324 REZONING NEW LIFE CHURCH NEW LIFE CHURCH PRELIM. PLAT MOTION: of Holton, seconded by Savanick, passing Ordinance No. 324 rezon- lng New Life Community Church property in Section 26 from Agricultural to Institutional as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat for New Life Church, as recommended by the Planning Commission, and directing Staff to prepare a development agreement. Councilmember Holton asked when 144th Street will be constructed on the west side of Pilot Knob road? Mr. Gretz said half the right-Of-way will be dedicated with the Church plat, but the street will not be built until the property to the north develops. Temporary direct access to Pilot Knob should not be a problem. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, directing the Engineer to pre- pare a preliminary feasibility report for public improvements to serve New Life Community Church. Ayes - 5 - Nays - 0. PREPARE CHURCH PRELIM. REPORT NEW LIFE CHURCH BLDG. PERMIT PROJ. 84-15 PENNOCK SIDEWALK STATUS REPORT MOTION: of Goodwin, seconded by Humphrey, approving authorization to is- sue a building permit for New Life Community Church subject to final platting and utility installation, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Gretz said plans have been prepared for Project 84-15, Pennock Side- walks, and were scheduled for consideration by the Council at this meeting. The property owners of The Big Apple and Pennock Plaza have not finalized details on use of the parking lot and the plans are being held until this is determined, Plans should be scheduled for consideration at the July 26th, 1984, meeting. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1984 Page 4 Mr. Gretz said the Planning Commission recommended approval of the Southport 2nd Addition preliminary plat July 11, 1984, with one lot and three outlots. The one lot is for a bank building and consideration of tax increment financing will be requested at a future meeting. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Southport 2nd Addition, as recommended by the Planning Com- mission, and directing Staff to prepare a development agreement. Ayes - 5 - Nays - 0. SOUTHPORT 2ND PRELIM. PLAT RES. 1984-109 SET HEARING PROJ. 84-6 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1984- 109 receiving the preliminary engineering report on Project 84-6, Southport 2nd Addition Improvements, and setting a public hearing on it at 8:00 p.m. on August 9, 1984. Ayes - 5 - Nays - 0. Steve Mattson, of Juran & Moody, was present and distributed a summary of a proposed bond issue. He explained the basis for computing the $3,750,000 amount with a 15- year maturity schedule. MOTION: of Holton, seconded by Humphrey, setting a special meeting at SET SPECIAL 12:00 noon on August 2, 1984, to open and consider sale of MEETING general obligation bonds. Ayes - 5 - Nays - 0. Mr. Asleson distributed project funding data for the proposed bond issue and re- viewed the construction needs with the Council. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- 110 setting the sale of $3,750,000 General Obligation Improve- ment Bonds of 1984 at 12:00 noon on August 2, 1984. RES. 1984-110 SET BOND SALE Mr. Mattson said, depending on how the City's financial data looks, he will consider submitting it to Moody's in New York for a new bond rating. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 111 approving plans and specifications for Project 84-20, Re- painting Fire Station No. 1 and Liquor Store No. 2, and authorizing advertisement for bids to be received at 2:00 p.m. on August 2, 1984. Ayes - 5 - Nays - 0. RES. 1984-111 PLANS & BIDS PROJ. 84-20 RES. 1984-112 PLANS & BIDS PROJ. 84-7 RES. 1984-113 PLANNING COM. APPT. PROCEDR. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 112 approving plans and specifications for Project 84-7, Re- painting Nordic Water Reservoir, and authorizing advertisement for bids to be received at 2:00 p.m. on August 2, 1984. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- 113 establishing procedures to reduce the number of candidates to be considered by the Council for appointment to fill the vacancy on the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1984 Page 5 Mayor Branning asked if the Council or any of the applicants for the Planning Commis- sion vacancy had any comments to make at this time? No one had any comments. Mr. Asleson distributed the first ballot to the Council containing the names of Gary Fieber, Joanne Hollenbeck, Charles Klopp, Greg Kopischke, Tom Lenfesty, Sharon Schwartz, Virginia Sterling and Vernon Yetzer. The Council was instructed to circle six names. After the Council had marked the ballots, Mr. Asleson and Reid Hansen tabulated the ballots. The names remaining after the first ballot were Fieber, Hollenbeck, Kopischke, Schwartz, Sterling and Yetzer. Mr. Asleson distributed the second ballot containing six names. After the Council had marked the ballots, Mr. Asleson and Mr. Hansen tabulated the ballots. The names remaining were Fieber, Hollenbeck, Kopischke, Schwartz and Sterling. Mr. Asleson distributed the third ballot containing five names. After the Council had marked the ballots, Mr. Asleson and Mr. Hansen tabulated the ballots. The names remaining were HollenbeHk, Kopischke, Schwartz and Sterling. Mr. Asleson distributed the fourth ballot containing four names. After the Council had marked the ballots, Mr. Asleson and Mr. Hansen tabulated the ballots. The names remaining were Hollenbeck, Kopischke and Sterling. Mr. Asleson distributed the fifth ballot containing three names. After the Council had marked the ballots, Mr. Asleson and Mr. Hansen tabulated the ballots. The names remaining were Kopischke and Sterling. Mr. Asleson distributed the sixth ballot containing two names. After the Council had marked the ballots, Mr. Asleson and Mr. Nansen tabulated the ballots. The Mayor read the last name remaining, that of Virginia Sterling. MOTION: of Goodwin, seconded by Savanick, appointing Virginia Sterling to the Planning Commission to fill a vacancy for a term expiring March 1, 1986. Ayes - 5 - Nays - 0. STERLING PLAN. COM. APPOINTMT. It was noted that this will create a vacancy on the Park Committee which will be con- sidered at the Council's July 26th, 1984, meeting. MOTION: of Goodwin, seconded by Holton, approving hiring the parttime em- ployees as listed in the memo from the City Administrator dated July 9, 1984, and hiring Robert Warweg as a Liquor Sales Clerk, position 100, at a salary of $4.25 per hour. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES MAYOR & COUNCIL CORRESPONDENCE The Council received information from the Police Chief on a recently pub- lished book, "Safe Places for the 80's". The book lists and describes safe places to live in the United States. Apple Valley is the only Minnesota community listed in the book. Mayor Branning said he and Mr. Asleson attended a meeting this morning with other County Mayors and Administrators and Representative Frenzel. Federal legislative items of municipal concern were discussed including industrial development bonds, public liability, transportation and cable television. CITY OF APPLE VALLEY Dakota County, Minnesota July 12, 1984 Page 6 MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 31050, 38315 through 38340 and 38342 through 38316, in the total amount of $2,001,066.26. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to &djourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:39 o'clock p.m.