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HomeMy WebLinkAbout04/28/1983CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 28, 1983, at 7:30 o'clock p.m. at the City Hall. PRESENT: Acting Mayor Savanick; Councilmembers Branning, Holton and Humphrey; Clerk Asleson. ABSENT: Mayor Overgard. Acting Mayor Savanick called the meeting to order at 7:30 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Humphrey, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, approving all items on the consent CONSENT AGENDA agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Holton, approving Change Order No. 3 to the contract with Richard Knutson, Inc., for Project 80-6, Cedar Avenue Utility Relocations, in the amount of an additional $17,491.79. Ayes - 4 - Nays - 0. PROJ. 80-6 CHANGE ORDER 3 RES. 1983-59 DISPATCHER UNIFORM ALLOWANCE TRANS. MERCHANT LICENSE RES. 1983-60 GOLF CHANGE FUND & CUSTODIAN MORNINGVIEW 3RD FINAL PLAT, AGREEMENT & BLDG. PERMITS MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983-59 amending Resolution No. 1983-5 by amending paragraph 8 to read: "That the 1983 uniform allowance for police dispatchers shall be $165 for fulltime dispatchers and $110 for parttime dispatchers, with the City of Apple Valley furnishing the initial uniform for new employees with such initial uniform to be furnished upon com- pletion of the probationary period." Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, approving a 1983 transient mer- chant license for Friendship Catalog Sales. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983-60 amending Resolution No. 1976-120 by increasing the amount of the change fund at the golf course to $200 and designating Jon R. Gur- ban as custodian of the change fund. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, approving the final plat and sub- division agreement for Morningview 3rd Addition and authorizing the Mayor and Clerk to sign the same; and approving building permits for 21 quad homes and the landscape plan for the subdivision as re- commended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, approving the revised subdivision agreement for Forest Park Estates 3rd Addition, providing for FHA financing and guaranteeing installation of off-site improvements, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. FOREST PARK 3RD REV. AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1983 Page 2 MOTION: of Branning, seconded by Holton, approving the Land Surveyors Certificate of Correction to the plat of Apple Valley Square, dated April 7, 1983, and authorizing the Clerk to sign the same. Ayes - 4 - Nays - 0. A.V. SQUARE PLAT CORRECTION MOTION: of Branning, seconded by Holton, approving the final plat and subdivision agreement for Hamlet Manor Homes, authorizing Mayor and Clerk to sign the same, and approving building permits for seven structures and the landscape plan for the subdivision as recommended by the Planning Commission. Ayes - 4 - Nays - O. HAMLET MANOR FINAL PLAT, AGREEMENT & BLDG. PERMITS MOTION: of Branning, seconded by Holton, granting a variance for Lot 23, Block 1, Hidden Ponds, to allow construction of a structure to within 15 feet of the street right-of-way of 130th Street as re- commended by the Planning Commission. Ayes - 4 - Nays - 0. VARIANCE LOT 23, BLK. 1, HIDDEN PONDS OGREN MOBILE HOME PERMIT HIRING PARTTIME EMPLOYEES APRIL 21, 1983 MINUTES AUDIENCE DISCN. MOTION: of Branning, seconded by Holton, approving a one-year special use permit for Dennis Ogren, under Sec. A1-23 of the City Code, to locate a mobile home on property south and west of Dunbar Boulevard subject to issuance of a building permit for a perma- nent structure. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, approving hiring the various parttime employees as listed in the April 27, 1983, memo from the City Administrator. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Branning, approving the minutes of the meeting of April 21, 1983, as written. Ayes - 4 - Nays - 0. Acting Mayor Savanick asked if anyone was present to address the Council at this time on any item not on this agenda. There was no one present to speak. Acting Mayor 8avanick called the public hearing to order at 7:45 o'clock PUBLIC HEARING p.m. on vacating a drainage and utility easement in Pennock Place and EASEMENT Hamlet 2nd Addition plats and noted receipt of the affidavit of publica- VACATION tion of the hearing notice. John Gretz reviewed the location of the ten- foot easement indicating that it would be in the best interest of the City and the public to vacate the easement since it is no longer needed to serve a public purpose. Acting Mayor Savanick asked for comments from the public. There were no comments; and the hearing was closed at 7:48 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- 61 vacating the drainage and utility easement in the plats of Pennock Place and Hamlet 2nd Addition and authorizing the Clerk to file the Notice of Completion of the Vacation. Ayes - 4 - Nays - 0. RES. 1983-61 VACATE EASEMENT CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1983 Page 3 The Council received a memo from John Gretz, dated April 18, 1983, regard- PALOMINO DR. ing the closing of Palomino Drive beginning May 9th through November of 1983. & CEDAR INTER- The closing is necessitated by the start of construction of a bridge crossing SECTION CLOSING Trunk Highway 77 (Cedar Avenue).at Palomino Drive. Mr. Gretz stated it is anticipated the service road on Pennock will be opened by July. City Administrator Asleson said he did not have the necessary background IMPROVEMENT material complete in order for the Council to set a sale date for various BOND SALE improvement bonds and requested a special meeting. MOTION: of Holton, seconded by Humphrey, setting a special meeting at 7:30 SET SPECIAL p.m on May 5, 1983, to consider setting a bond sale date. Ayes - MEETING 4.- Nays - 0. Bill Peterson, of the Dakota County Assessor's Office, was present to re- view the recommended tax abatements. A change was noted in the parcel num- ber for R. Michael Winslow; it should be 01,31001-010-07. MOTION: of Holton, seconded by Branniqg, approving tax abatements on par- cels 01-31001,010-07,. 01-20504-110-01, 01-16600-023-19 and 01- 11730-012'04 as recommended by the Dakota County Assessor. Ayes - 4 - Nays - 0. Acting Mayor Savanick read a Proclamation designating May 7, 1983, as "Arbor ARBOR DAY & Day" and May 1983 as "Arbor Month" in the City. MONTH TAX ABATEMENTS Acting Mayor Savanick read a Proclamation designating May 15, 1983, as POLICE DAY Police Memorial Day and May 15 to 21, 1983, as Police Week in the City. & WEEK The Council received a memo, dated April 18, 1983, from John Gretz regard- ing the Metropolitan Surface Water Management Act. He said he has been at- tending meetings with neighboring entities of government in an attempt to establish joint powers association under the Act. It has been requested that each of the seven cities within the watershed contribute $200 to de- fray legal expenses in researching the establishment of such an organization. MOTION: of Holton, seconded by Humphrey, authorizing the expenditure of $200 toward legal services for the purpose of researching the es- tablishment of a joint powers watershed management organization. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983-62 supporting the location of a pari-mutuel horse racing facility in Dakota County. Ayes - 4 - Nays - 0. The Council received the preliminary engineering report on Project 83-13, Granada Avenue, between 147th and 149th Streets, dated April 15, 1983. John Gretz reviewed the report and said he had met with the business owners in the area this morning to review it with them. The almost unanimous o- pinion of the business owners was to do nothing at .this time other than to install speed bumps. Because the former street right-of-way was vacated in 1973, it is now private property. It would need economically unfeasible for the City to condemn the property in order to make the needed improvements. SURFACE WATER MANAGEMENT LEGAL SERVICES RES. 1983-62 SUPPORT RACE TRACK PROJ. 83-13 GRANADA AVENUE CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1983 Page 4 The two problems in the area are traffic flow and pavement surface. Police Chief Rivers indicated the majority of accidents occur in the area between Coast-to-Coast and the Liquor Store as a result of cars backing out into traffic. Councilmember Branning sug- gested diagonal parking there instead of head-on parking. The proposed construction of Granada Avenue through the area would create two parking lots and allow for a row of parking abutting the buildings on each side. There would be one entrance to the parking lot on the east side of Granada and three entrances to the parking lot on the west side of Granada. The merchants do not agree with what they consider to be overly restrictive access, under the plan as proposed. Councilmembers Branning and Holton suggested two entrances, one from 147th Street and one from 149th Street, be cut in and a large parking lot be established allowing for a free flow of traffic in the area. The Councilmembers were in unanimous agreement that improvements were desirable. Staff will research this further for the next meeting. The Council received the preliminary engineering report on Project 83-10, PROJ. 83-10 street and utility improvements for Heritage Hills 7th Addition, dated HERITAGE HILLS April 22, 1983. Keith Gordon reviewed the report. Councilmember Humphrey 7TH ADDITION requested that potential house locations be drawn on either side of the easement to be shown on the plat. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983- 63 setting a public hearing on Project 83-10, Heritage Hills 7th Addition Improvements, at 7:30 p.m. on May 24, 1983. Ayes - 4 - Nays - 0. RES. L983-63 PROJ, 83-10 HEARING John Gretz reported on the Williams Brothers Pipeline construction and said the Federal Pipeline Safety Administration will be conducting the inspections. Mr. Lee Gasbrino, Project Manager for Williams Brothers Pipeline, was present and described the proposed construction which will begin in June and last for approximately six weeks. WILLIAMS BROS. PIPELINE CONSTRUCTION Councilmember Branning expressed concern over the space between flow meters to check leakage. He asked Mr. Gasbrino to report back to the Council on this. Williams Brothers Pipeline will reimburse the City for inspection of the sewer and trunk lines where the pipeline crosses Johnny Cake Ridge Road. MOTION: of Branning, seconded by Humphrey, adopting Resolution No. 1983- 64 approving Minnesota Department of Transportation plans and specifications for improvements to Trunk Highway 77 (Cedar Avenue) between 138th Street and 1-35E. Ayes - 4 - Nays - O. RES. 1983-64 MNDOT CEDAR PLANS & SPECS MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 294 a- mending Sections 6-20, 6-22 and 6-25 of the City Code relating to permit requirements for commercial excavation (sand and gravel). ORDINANCE 294 EXCAVATION PERMIT REQMNT The Council noted that this was almost the same language as contained in the Shakopee court case. All excavation operations will come under this ordinance. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County Minnesota April 28, 1983 Page 5 MOTION: of Holton, seconded by Humphrey, adopting.Resolution No. 1983-65, rescinding Resolution No. 1976-119, establishing a usage policy for the Golf Course whereby all City officials will pay the ap- propriate greens fee and may be reimbursed through normal expense vouchers and rescinding all previous resolutions related to use of the Golf Course. Ayes - 4 - Nays - 0. RES. 1983-65 GOLF COURSE USE POLICY MOTION: of Humphrey, seconded by Holton, approving a contract with Matt 1983 TREE Borwn Tree Service for 1983 tree removal services based on its low REMOVAL CONTRACT proposal of $5.75 per diameter inch. Councilmember Humphrey asked if bonding and insurance were required and he was advised that they were. Vote was taken~on the motion. Ayes -14 -~ Nays~- 0. MOTION: of Humphrey, seconded by Branning, approving application to the ENERGY GRANT Minnesota Department of Energy, Planning & Development for a $186 APPLICATION grant under its Minnesota Energy Conservation Service program. Ayes - 4 - Nays - 0. The Council received a memo from George Ballenger, dated April 25, 1983, regarding group health insurance for City employees. Mr. Ballenger reviewed his memo and said the intent would be to renew the coverage described for the period June 1, 1983, through January l, 1984, and apply for acceptance into the Hennepin County Group effective January 1, 1984. MOTION: of Branning, seconded by Humphrey, approving renewal for the per- iod June 1, 1983 to January 1, 1984, of employee group insurance with Prudential for its life and dental plans and the Nicollet Eitel HMO for health insurance as described in the memo, dated April 25, 1983, from George Ballenger. Ayes - 4 - Nays - O. GROUP HEALTH INSURANCE RENEWAL The Council received a memo, dated April 27, 1983, from Richard Asleson con- LIQUOR EST. taining portions of the City Code related to liquor sales hours and a copy CLOSING HOURS of liquor establishment operating rules. Though it is not stated in the City Code, the operating rules require places holding alcoholic beverage licenses to close after the hours when such sales can be made. Two of the present license holders have requested permission to stay open later for food sales. A representative from Carbone's was present and stated they could easily put locks on their taps at 1:00 a.m. and are only concerned with food sales after that time. The Council received a memo from Mary Mueller, dated April 28, 1983, concerning possible City Code amendments which would provide for this situation. The Council agreed to consider some form of amendment at its May 12, 1983, meeting. The Council received a memo from George Ballenger, dated April 25, 1983, MICRO-COMPUTER concerning the purchase of two Direct 1025 micro-computers. Councilmember PURCHASE Branning expressed concern that LOGIS has not kept up with word processing machines and he did not feel this was a competitive bid. Councilmember Humphrey wondered if it would be better to save the money for a better word processing system. Mr. Asleson said the LOGIS system represents a "happy medium". Councilmember Branning felt LOGIS could improve compatibility with other systems. Councilmember Humphrey felt CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1983 Page 6 LOGIS should look at being more competitive with other systems. They both did not feel this was the answer to the long term word processing needs of the City. Acting Mayor Savanick stated that in subsequent budgets, consideration should be given to an amount designated for computers. MOTION: of Branning seconded by Humphrey, authorizing the purchase of two Direct 1025 micro-computers from LOGIS for a total of $14,550.00. Ayes - 4 - Nays - 0. Acting Mayor Savanick asked if it was felt that the format of the "Council COUNCIL TABLE Table" newsletter should be changed. Councilmembers Humphrey and Branning NEWSLETTER said it should stay the same. The Council agreed with the door-to-door delivery as was done with the last issue. May 16, 1983, is the deadline for articles for the next issue to be submitted to Judy Finger at City Hall. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 30968, 30969 and 32281 through 32363, in the total amount of $232,290.20~ Ayes - 4 - Nays - 0. CLAIMS &BILLS