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HomeMy WebLinkAbout05/24/1983CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 24th, 1983, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Branning (attended at 8:05 p.m.), Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: None. Mayor Overgard called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendand 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 Humphrey, seconded by Holton, approving all items on the consent CONSENT AGENDA agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Holton authorizing the Engineer to pre- pare a preliminary feasibility report for installation of public improvements to serve the proposed Meadowlark Glen subdivision. Ayes - 4 - Nays - 0. PRELIM. REPORT MEADOWLARK GLEN RES. 1983-75 COBBLESTONE MANOR II PUBLIC HEARING TRANS. MERCHANT LICENSE RESURFACE LIQ. STORE 1 LOT GEORGE'S MARKET BEER LICENSE AM. LEGION GAMBLING LICENSE PROJ. 80-6 CHANGE ORDER 5 RES. 1983-76 P.O.S.T. BOARD REIMB. AGENTS MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1983-75 receiving the preliminary engineering repqrt on Project 83-4, Cobblestone Manor II public improvements, and setting a public hearing on it at 8:00 p.m. on June 23, 1983. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving a 1983 transient mer- chant license for Junior Careers. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving a changeorder to the contract for Project 83-1, 1983 Street Maintenance, for resurfac- lng the parking lot at Liquor Store No. 1 at a cost of approxi- mately $6,000. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving a.1983 off-sale 3.2 beer license for George's Market, Inc. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving a gambling license for Apple Valley American Legion Post 1776 for one year from May 25, 1983, through May 24, 1983. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving Change Order No~ 5 to the contract with Richard Knutson, Inc., for Project 80-6, Cedar Avenue Utility Relocations, in the amount of an additional $3,000.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1983-76 authorizing the Police Chief and City Administrator to act as agents for making application to the State ,for P.0.S.T. Board re- imbursement tunds related to police officer training programs. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1983 Page 2 The minutes of May 12, 1983, were tabled until June 9, 1983. MINUTES Mayor Overgard 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. AUDIENCE DISCN. Mr. Asleson opened bids received as follows: $2,325,000 G.O. Improve- BOND SALE ment Bonds of 1983, First National Bank of St. Paul - net interest rate BID OPENING of 8.6256 percent; Piper, Jaffray & Hopwood - net interest rate of 8.6828 percent. $215,000 G.O. Equipment Certificates of 1983, First National Bank of St. Paul - net interest rate of 6.9643 precent; Piper, Jaffray & Hopwood - net interest rate of 7.3992 percent. Mr. Steve Mattson was present and reviewed the bids. (Councilmember Branning attended during this time.) Mayor Overgard called the public hearing to order at 8:07 p.m. on Project PROJ. 83-10 83-10, Heritage Hills 7th Addition Improvements, and noted receipt of the PUBLIC HEARING affidavit of publication of the hearing notice. Keith Gordon reviewed the preliminary engineering report, dated April 22, 1983, and noted that because the sewer will be shallow, developers will have to be aware of this when constructing houses. Councilmember Branning asked how it can be assured that houses will be built to acco- modate this sewer depth? John Gretz said it is noted as part of the building permit plan check and Mr. Gordon said .the sewer depth is also noted on the as-built plans. Mayor Overgard asked for questions or comments from the public; there were none and the hearing was declared closed at 8:11 p.m. Councilmember Savanick questioned the reason the sewer is being proposed as it is? Mr. Gordon said it is the most cost effective method of extending the sewer to these seven lots at this time and should not be a problem. Councilmember Savanick asked if the houses change ownership in the future, could the City be found negligent if the new owners are not aware of the sewer depth? Jim Sheldon said the City could only be found negligent if it were determined that the City allowed the sewer to be designed in a negligent manner. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- 77 ordering the installation of Project 83-10, Heritage Hills 7th Addition Improvements. Ayes - 5 - Nays - 0. RES. 1983-77 ORDER PROJ. 83-10 RES. 1983-78 PROJ. 83-10 PLANS & SPECS. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983- 78 directing the Engineer to prepare plans and specifications for installation of Project 83-10. Ayes - 5 - Nays - 0. Steve Mattson reported that he had reviewed the bids received for the bonds, they were good bids and he would recommend award. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983- 79 authorizing the issuance of $2,325,000 General Obligation Improvement Bonds of 1983, awarding the sale to First National Bank of St. Paul at a net interest rate of 8.6256 percent, pre- scribing the form and details and providing for payment of the bonds. Ayes - 5 - Nays - 0. RES. 1983-79 AWARD SALE $2,325,000 G.O. IMPR. BONDS CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1983 Page 3 MOTION: of Branning, seconded by Humphrey, adopting Resolution No. 1983- 80 authorizing the issuance of $215,000 General Obligation Equip- ment Certificates of 1983, awarding the sale to First National Bank of St. Paul at a net interest rate of 6.9643 percent, pre- scribing the form and details and providing for payment. Ayes - 5 - Nays - O. RES. 1983-80 AWARD SALE $215,000 G.O. EQUIP. CERT. John Gretz reviewed the report, dated May 19, 1983, containing the Planning Commission's recommendation for approval of a rezoning from "LB" to "RB" on property located north of 145th Street, between Cedar Avenue and Glenda Drive. Art Leibfried, representing the petitioner, was present. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 296 rezon- lng Lots 1 and 2, Block 1, Bor-Nel, from "LB" to "RB" as recom- mended by the Planning Commission. ORDINANCE 296 LOTS 1 & 2, BLK,7 1, BOR-NEL Counciimember Branning asked what the zoning is on the remaining property west of Cedar Avenue between 145th and 140th Street?, John Gretz said it appears now that most of the property'along Pennock will be multiple residential with limited business along 145th Street and some type of commercial or business along Cedar. Councilmember Branning said he is concerned that if someone else requests "RB" zoning in this area, it would be dif- ficult for the Council to deny it. Councilmember Holton said he does not agree because this property is across the street from "GB" zoning and is on a busy intersection whereas the other lots are not. Councilmember Savanick asked what the zoning isalong Cedar Avenue to the norther City border? Mr. Gretz reviewed this. She said she believes "RB" zoning should stop at 145th Street. Councilmember Branning asked what the Planning Commission's opinion is on the balance of the property north of 145th Street? Lynne Kline was present, and said the Planning Com- mission agreed rezoning these two lots to "RB" is justified but would like the remaining lots to remain "LB" or multiple. Councilmember Humphrey said the lots north of these two lots do not have the type of access these two lots have for retail business use and this rezoning should not be a problem. Councilmember Branning said he does not believe in changing zoning for the sake of changing zoning. There is a lot of commercial zoning in the City already and petitioners should be aware that future requests will be looked at closely. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Humphrey, approving a conditional use per- COND'L USE mit on Lots 1 and 2, Block 1, Bor-Nel, for motor fuel sales subject PERMIT LOTS to a visual screen along the north lot line, no outdoor storage or 1 & 2, BLK. 1 display and screened trash recepcacles as recommended by the Plan- BOR-NEL ning Commission. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Overgard, approving a building permit for BLDG. PERMIT Super Store, Inc., on Lots 1 and 2, Block 1, Bor-Nel, subject to SUPER STORE review of a revised landscape plan as recommended by the Planning Commissmon. Ayes 4 Nays 1 ( CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1983 Page 4 MOTION of Holton, seconded by Humphrey, granting a waiver of platting on part of Lot 2, Block 1, Apple Valley Commercial Addition and authorizing issuance of a building permit for an office building as recommended by the Planning Commission. Ayes - 5 - Nays - 0. LOT 2, BLK. 1, A.V. COMML. PLAT WAIVER & BLDG. PERMIT Fire Chief Tuthill was present to report on the department's recent ac- FIRE DEPT. tivities. Safety for both its personnel and the public is its major con- REPORT cern and objective and he described the training program undertaken with this in mind. Chief Tuthill also said the department's philosophy is that it is willing to help with any problems in the City. He cited examples of some of the recent assistance.the department has given; such as help during snow storms, traffic control at accident scenes and searching for lost children. He described work done on mutual aid services with surrounding communities, improved communication between the Police and Fire Departments and said the Fire Department has now taken on the respon- sibility of getting residents of Cedar Knolls into Greenleaf School for shelter during serious weather conditions. MOTION: of Savanick, seconded by Holton, passing Ordinance No. 297 a- ORDINANCE 297 mending the City Code by adding Section 10-6 adopting Minnesota OPEN BURNING Pollution Control Rule No. APC 8 which prohibits open burning & PERMITS except by permit, except recreational fires. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Branning, adopting Resolution No. 1983- 81 designating Deane Running as the authorized person to issue open burning permtis in accordance with APC 8 as adopted by Ordinance No. 297. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Branning, passing Ordinance No. 298 a- mendingi City Code Section 14-31 by permitting organizations with 15 or more active members to apply for bingo licenses. Ayes - 5 - Nays - 0. RES. 1983-81 RUNNING TO ISSUE BURNING PERMITS ORDINANCE 298 BINGO LICENSING REQUIREMENTS ORDINANCE 299 ON-SALE CLUB LIQUOR LICENSE REQUIREMENTS RES. 1983-82 CANCEL ASSMT. 187 & RELEVY ASSMT 188 MOTION: of Savanick, seconded by Branning passing Ordinance No. 299 a- mending City Code Section 3-63(6)(d) by permitting clubs in existence for more than 15 years and veterans organizations in existence for more than 5 years to be eligible for on-sale club liquor licenses. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Branning, adopting Resolution No. 1983- 82 cancelling Assessment No. 187 in the amount of $177,126 a- gainst Parcel No. 01-02100-011-77 for a term of three years and relevying $177,126 as Assessment No. 188 against Parcel No. 01- 02100-011-77 for a term of 15 years, pursuant to Resolution No. 1982-131. Councilmember Branning asked for clarification on this change. John Gretz said the policy has been to levy assessments for three years on developing property and for 15 years on property that is not under development. When this assessment was levied, it should have been spread over 15 years. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITYOF APPLE VALLEY Dakota County Minnesota May 24, 1983 Page 5 MOTION: of Branning, seconded by Holton, adqpting Resolution No. 1983-837 cancelling Assessments No. 188 and 189 against, what are known as, Schultz and Hall properties with the understanding that revised assessments will be prepared following receipt of appraisals out- lining benefits to the properties by reason of the improvements. Ayes - 5 - Nays - 0. MOTION : of Holton, seconded by Humphrey, adopting Resolution No. 1983-84 authorizing compensation, at a straight time hoursly rate, for Richard Ling and Thomas Wahl for extra hours worked related to snow removal operations, effective January 1, 1983, subject to approval by their department heads and/or the City Administrator. RES. 1983-83 CANCEL SCHULTZ & HALL PROPERTY ASSESSMENTS RES. 1983-84 EXTRA COMPEN- SATION FOR LING & WAHL Conncilmember Branning asked if this policy should apply to the positions rather than the individuals and how the hours would be authorized? Mr. Asleson said it should be restricted-to these individuals at this time and the hours are approved on the time sheets before being paid. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving the delivery of golf pack tickets, indoor tennis court rentals and outdoor pool season pass with a press release to Senior Party ('83) officials. Councilmember Savanick said if this is done for Apple Valley, shouldn't Rosemount be included? Councilmember Branning said he is concerned about this creating requests from all kinds of other organizations. Jon Gurban said the intent would be to deal with each request on an individual basis, based on merit and whether promotion of this type with a particular group would be beneficial to the City. Councilmember Humphrey said he understands pomotion of the golf course, but questioned whether the outdoor pool and indoor tennis should be included. Mr. Gurban said these facilities could be utilized much more heavily by the young adult age group and can use the promotion. ADVERTISING/ PROMOTION EXPENDITURES Councilmember Humphrey asked where the funds for this will come from? Mr. Asleson said from the Council budget and, if the Council approves, a line item for advertising/promo- tion can be included in future budgets. MOTION: of Savanick, seconded by Branning, amending the above motion by providing the items to Apple Valley and Rosemount Senior High Schools. MOTION: of Holton, seconded by Humphrey, substituting the following motion: approving delivery of two sets of golf pack tickets (value $100), two outdoor pool season passes (value $45) and two indoor tennis court rentals (value $48) with press releases for the 1983 senior class in Independent School District 196. Ayes - 3 - Nays - 1 (Savanick) (Branning Abstained). EXPENDITURES FOR I.S.D. 196 SENIOR CLASS Vote was taken on the substitute motion. Ayes - 4 - Nays - 0 (Branning Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota May 24, 1983 Page 6 Councilmember Humphrey asked if staff should be directed to draft a policy establishing criteria by which future requests can be handled? Mayor Overgard suggested this be addressed along with the 1984 budget. The Council received notice of a public hearing on a proposal by the MTC to PROPOSAL TO discontinue bus service to the Zoo along with background data on past rider- ELIMINATE ZOO ship of this route. The Council had no comments for the hearing. BUS SERVICE Mr. Asleson reported on some of the recent legislative actions and said, as he understands it, the local government aid legislation's effect on Apple Valley will be neither a gain or a loss. If the aid was cut for a city, the levy limits will be relaxed allowing the city to levy the additional funds. LEGISLATIVE UPDATE MOTION: of Branning, seconded by Savanick, approving hiring the parttime employees as listed in the memos from the City Administrator, dated May 23 and 24, 1983, and from the Police Chief, dated May 23, 1983. Ayes - 5 - Nays - O. HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Branning, to cancel the informal meeting of June 2, 1983. Ayes - 5 - Nays - 0. CANCEL MEETING Councilmember Savanick reminded everyone that articles for the next issue COUNCIL TABLE of the "Council Table" newsletter are due. ARTICLES MOTION: of Branning, seconded by Holton, to pay the claims and bills, CLAIMS checks numbered 30972, 30973, 32561 through 32617, 32627 through . . 32635, 32637 through 32640 and 32642 through 32720, in the total amount of $2,522,437.24. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:45 o'clock p.m.