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HomeMy WebLinkAbout11/20/1984CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 20th, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning (attended at 8:25 p.m.); Councilmembers Goodwin, Holton, Humphrey and Savanick; 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 - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA PROJ. 84-14 CHANGE ORDER 3 PROJ. 83-14 CHANGE ORDER 2 FINAL PAYMENT PROJ. 76-9 FINAL PAYMENT PROJ. 83-2 FINAL PAYMENT PROJ. 82-8 FINAL PAYMENT PROJ. 84-7 CENTEL PARKING COND. USE PERMIT MOTION: of Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 3 to the contract with Spencer Construction Co. for Project 84-14, Forest Point Improvements, in the amount of an additional $10,377.95. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 2 to the contract with Encon Utilities for Project 83-14, Oaks of Apple Valley II Improvements, in the amount of an additional $5,561.40. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Project 76-9, Diamond Path Water Connection, as final from Ceca Utilities and authorizing final payment on the project in the amount of $2,155.50. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Project 83-2, Cedar Storm Sewer and Hamlet Manor Utilities, as final from S. M. Hentges, Inc., and authorizing final payment on the project in the amount of $1,270.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Project 82-8, Public Works Garage Addition, as final from Site Services, Inc., and authorizing final payment on the project in the amount of $4,638.12. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Project 84-7, Re- painting Nordic Water Reservoir, as final from Dairyland Improvement Co. and authorizing final payment on the project in the amount of $62,180.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving renewal of a condi- tional use permit for parking purposes by Central Telephone Company on Lot 1, Block 8, Apple Valley Addition, until January 1, 1986, subject to removing the asphalt surface and reseeding CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1984 Page 2 upon termination of use and further subject to prohibiting over- night parking as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 192 authorizing installation of stop signs on: 125th Street at Johnny Cake; Diamond Path at Pilot Knob; 126th Street at Johnny Cake; Harwell Path at Pennock; Heritage Way at Palomino Drive; Griffon Path at 157th Street; Greenland at 138th Street and Pennock at 138th Street. Ayes - 4 - Nays - 0. RES. 1984-192 INSTALL VARIOUS STOP SIGNS LAWELL SALARY INCREASE HIRE PARTTIME EMPLOYEE OCT. 25, 1984 MINUTES NOV. 8, 1984 MINUTES PALOMINO HILLS MULTIPLE DWELLING PROPOSAL MOTION: of Goodwin, seconded by Humphrey, approving a salary increase of $.25 per hour for Tom Lawell, Administrative Intern, effec- tive November 10, 1984. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the parttime employee as listed in the memo from the City Administrator dated November 1, t984. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Goodwin, approving the minutes of the regular meeting of October 25th, 1984, as written. Ayes - 3 - Nays - 0 (Humphrey Abstained). MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of November 8th, 1984, as written. Ayes - 4 - Nays - 0. John Dirico, 379 Cimarron Road, spoke representing residents of his neighborhood. He said they would request the Council to investigate the Planning Commission's handling of a proposal to combine outlots for the purpose of constructing multiple dwellings. Their particular con- cerns are enforcing existing covenants, maintaining a buffer for the single family homes and impact on the schools. Mr. Gretz said anyone can bring a proposal before the Planning Commission for consideration. The Commission has not taken any action yet and it will be discussed further at the December 5, 1984, meeting. The Council received a copy of the City Attorney's letter dated Novem- R. BERRY'S bet 14, 1984, concerning procedures for considering whether the on-sale LIQUOR SALES liquor license of Shonrik Development, Inc., d/b/a R. Berry's, should VIOLATION be suspended because of a violation of City Code Sec. 3-83(a). Mr. Sheldon explained the Counoil must take action to conduct a hearing for the pur- pose of gathering information before it could make a decision on suspension of the license. The hearing would be public in that it would be open to members of the public, but they would not be able to comment and background information would be presented. Richard Berry, the owner, was present but said he had no comment at this time. MOTION: of Savanick, seconded by Goodwin, to table further considera- tion until the Mayor arrives, later during the meeting. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1984 Page 3 Rick Kelley reviewed his memo dated November 13, 1984, concerning a pool proposal for multi-family mortgage revenue bonds with the Council. The City previously adopted a Housing Plan and one multi-family program has gone through the process, the Wensmann 180-unit apartment proposal. Bonds have not been issued because of high bond rates and it is proposed that the Dakota County HRA jointly sponsor a number of these projects under a pool system which would result in a more favorable bond rate, Tom Maple, of Miller & Schroeder, was present to explain the proposal. Even though projects in the County would be combined, they would first be approved individually by the Cities. The HRAwould be the facilitator in completing the financing. The FNMA program is what would be offered and the minimum issue $20,000,000 He be- lieves the bonds would be saleable after the first of the year and the funds would have to be used within three years. MOTION: of Savanick, seconded by Goodwin, passing Ordinance No. 330 amending the City Code by adding Article III of Chapter 17 au- thorizing the Dakota County HRA to exercise, on behalf of the City, powers conferred by Minnesota Statutes, Section 462C, as amended, and approving a summary of the ordinance for publica- tion purposes. Ayes - 4 - Nays - 0. ORDINANCE 330 COUNTY HRA MULTI-FAMILY HOUSING BONDS RES. 1984-193 AWARD 1984-85 SNOW REMOVAL & ROAD MATERIAL THORSON/CEDAR KNOLLS SUIT SETTLEMENT RES. 1984-194 SET HEARING ON R. BERRY'S LIQUOR SALES VIOLATION Consideration of the final plat of Hunters Wood 4th Addition was tabled. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1984- 193 awarding the 1984-85 contract for snow removal services and purchase of various road materials to the low bidders of bids received November 8, 1984, except "fine aggregate for mixing with salt" which is awarded to Fischer Sand & Aggregate because of the hauling cost differential. Ayes - 4 - Nays - 0. (Mayor Branning attended at this time.) MOTION: of Goodwin, seconded by Humphrey, authorizing the City Clerk to execute a release in favor of The Home Indemnity Company as part of an out of court settlement with Hugh Thorson Construction Company related to alleged faulty installation of certain water improvements in Cedar Knolls Mobile Home Park. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1984- 194 setting a public hearing at 8:00 p.m. on December 20, 1984, on the issue of whether or not the on-sale liquor license of Shonrik Development, Inc., d/b/a R. Berry's, should be suspended because of a violation of City Code Sec. 3-83(a). Ayes - 5 - Nays - 0. Mr. Asleson reviewed his memo dated November 16, 1984, concerning a proposed agree- ment with Divine Redeemer Memorial Hospital for ambulance service. The issue in negotiating a new agreement has been cost. The nine northern cities have a larger population and more calls than the three southern cities and that is the reason for CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1984 Page 4 the increased subsidy for Apple Valley, Farmington and Lakeville. In addition to approving the agreement through December 31, 1985, Mr. Asleson said he would re- quest the Council to direct Staff to work with the other cities to pursue alternatives. Burnsville has now approved a mutual aid agreement with Divine Redeemer. Lakeville approved the service agreement with Divine Redeemer and Farmington did not approve it. Unless Farmington reconsiders, the agreement will have to be redrafted with revised subsidy amounts. MOTION: of Holton, seconded by Humphrey, approving an agreement with Divine Redeemer Memorial Hospital for ambulance service through December 31, 1985, and authorizing the Mayor and Clerk to sign it and directing Staff to continue to work with other cities to explore alternatives for consideration. DIVINE REDMR. AMBULANCE AGREEMENT The Council discussed the agreement and agreed. Divine Redeemer has provided good service over the past years and the level of service should not be reduced. Mr. Asleson noted that if the agreement is revised to exclude Farmington, the per capita subsidy for Apple Valley and Lakeville may be increased by an amount which would also take into consideration lost revenue from Farmington. Mr. Sheldon said paragraph 4 of the agreement has been rewritten to provide a 90- day termination clause which could be invoked by any of the parties without cuase. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1984- 195 awarding the contract for 1984-85 Tree Trimming to Collins Tree and Amlee Tree, the low bidder, in the amount of $18,800. RES. 1984-195 AWARD TREE TRIMMING Councilmember Savanick asked when they will start work? Mr. Gurban said in about 10 days and they have until April 1, 1985, to complete the work. The Council re- ceived and reviewed a letter which will be distributed to homeowners informing them about the work. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Gurban showed renderings, prepared by the City of Burnsville, of an Olympic Training Center. The facility is proposed in response to the Metropdtitan Council's request for proposals for a speed skating oval. In addition to the skating oval, Burnsville proposes two sheets of ice and an adjacent velodrome to maximize use of the site. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- 196 supporting Burnsville's application to the Metropolitan Council for an Olympic Sports Training Center as recommended by the Parks Committee. Ayes - 5 - Nays - 0. RES. 1984-196 BURNSVILLE SPORTS TRAIN- ING CENTER The Council received a memo from Mr. Gurban dated November 15, 1984, re- SKATING RINK lated to outdoor skating rink operations for the 1984-85 season. OPERATIONS CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 1984 Page 5 MOTION: of Savanick, seconded by Humphrey, cancelling the Council's in- formal meeting of December 6, 1984. Ayes - 5 - Nays - 0. CANCEL INFORMAL MEETING The Council also received notice of the General Meeting of the Association of Metro- politan Municipalities which will be December 6, 1984. Mr. Asleson also asked the Council to advise him of their schedules for the remainder of the year. The Council received copies of a letter dated November 15, 1984, concerning the M.A.M.A. joint compensation study. The organization has selected Control Data Business Advisors, Inc., as the consultant to do the study and scheduled a meeting for December 4, 1984, to get a firm commitment from cities desiring to participate. MOTION: of Humphrey, seconded by Goodwin, authorizing the City Adminis- trator to attend the M.A.M.A. meeting on December 4, 1984, and commit Apple Valley to participate in the joint compensation study. Ayes - 5 - Nays - 0. M.A.M.A. JOINT COMPENSATION STUDY WILROY FORD CIGARETTE LIC. ECONOMIC DEV. GRANT PROGRAM CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, approving a 1984 cigarette sales license for the Wilroy Company, Inc., at 7705 County Road 42. Ayes - 5 - Nays - 0. Councilmember Savanick distributed information about the Minnesota Econo- mic Development Grant Program through the Department of Energy and Economic Development. These funds could be used to fill in the ginancing gap not covered by other programs. MOTION: of Savanick, seconded by Goodwin, to pay the claims and bills, checks numbered 40293 through 40317, 40319 through 40349, 40351, 40353 through 40391 and 40401 through 40442, in the total amount of $3,306,919.71. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:30 o'clock p.m.