Loading...
HomeMy WebLinkAbout06/23/1983CITY OF APPLE VALLEY Dakota County Minnesota June 23, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 23, 1983, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Branning, 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 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 - 5 - Nays - 0. MOTION of Branning, seconded by Holton removing the waiver of platting in CONSENT AGENDA Timberwick 5th Addition from the consent agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Holton, approving a building permit for a single family home for Dennis Ogren in Section 36 according to the survey, dated May 10, 1983, at Delmar Schwanz as recommended by the'Planning Commission. Ayes - 5 - Nays - O. OGREN BUILDING PERMIT SEC. 36 RES. 1983-89 SET HEARING PROJ. 83-15 4TH OF JULY TRANS. MERC. LICENSE BINGO LICENSE WOMEN'S CLUB AM. LEGION BEER LICENSE A.V. JAYCEES BEER LICENSE TRANS. MERCHANT LICENSE MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983-89 receiving the preliminary engineering report for Project 83-15, Hunters Wood 3rd Addition public improvements, and setting a pub- lic hearing on it at 8:00 p.m. on July 14, 1983. Ayes - 5 - Nays MOTION: of Branning, seconded by Holton, granting a transient merchant li- cense to the Apple Valley 4th of July Committee for activities conducted under the auspices of the Committee for the period July 1 through 5, 1983, and waiving the fee. Ayes - 5 - Nnys - 0. MOTION: of Branning, seconded by Holton, approving a bingo license for the Greater Apple Valley Area Federated Women's Club for July 4, 1983, at Hayes Community Center and waiving the requirement for a bingo manager's fidelity bond. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, approving a temporary on-sale 3.2 beer license for American Legion Post 1776 at Hayes Field from July 1 through 10, 1983. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, approving a temporary on-sale 3.2 'Beer license for Apple Valley Jaycees at Hayes Field from July 1 through 4, 1983. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, approving a 1983 transient mer- chant license for Kirby Company of Burnsville. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Holton, approving renewal of the City-Zoo ZOO POLICE Police Services Agreement for the period July l, 1983 through AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1983 Page 2 July 1, 1984, with an increase in the hourly rate to $23.75 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Savanick, approving the minutes of the JUNE 9, 1983 Board of Review meeting and regular Council meeting of June 9, MINUTES 1983, as written. Ayes - 5 - Nays - 0. Mayor Overgard asked if anyone was present to address the Council at this AUDIENCE DISCN. time on any item not on this agenda. There was no one present to speak. Mayor Overgard called the public hearing to order at 8:05 p.m. on Pro- PUBLIC HEARING ject 83-4, public improvements for Cobblestone Manor 2nd Addition, and PROJ. 83-4 noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvements as outlined in his report, dated May 16, 1983. The sanitary sewer will drain to the Apple Valley system. Because this area falls within the high pressure zone of the water system, individual houses will have to be fitted with pressure reducing valves. The Mayor asked for questions of comments from the public. There were none and the hearing was closed at 8:09 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- 90 ordering the installation of Project 83-4, improvements for Cobblestone Manor 2nd Addition. Ayes - 5 - Nays - 0. RES. 1983-90 ORDER PROJECT RES. 1983-91 PLANS & SPECS COBBLESTONE MANOR 2ND PLAT & AGREEMENT MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983- 91 directing the Engineer to prepare plans and specifications for Project 83-4. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, approving the final plat and development agreement for Cobblestone Manor 2nd Addition and authorizing the Mayor and Clerk to sign the same. Councilmember Branning questioned the amount of park dedication funds required in the agreement. John Gretz said the amount is based on a previous agreement covering this area and included the City obtaining the parkland in Cobblestone Lakeview Addition. Councilmember Branning questioned the adequacy of nearby park facilities for this entire northeastern area of the City and asked that the park dedication requirements be recon- sidered as future plats come in. Jon Gurban said he would have the Parks Committee address this question. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving building permits for 82 townhouse units in Cobblestone Manor 2nd Addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COBBLESTONE MANOR 2ND BLDG. PERMITS MOTION: of Holton, seconded by Branning, approving a waiver of platting for a lot line adjustment of Lots 1 and 2, Block 2, Hamlet I, according to the survey, dated April 5, 1983, by Schoell & Madson, Inc., as recommended by the Planning Commission. PLAT WAIVER LOTS 1 & 2, BLK 2, HAMLET I CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1983 Page 3 Councilmember Savanick questioned whether this waiver should be temporary and the area replatted, perhaps when Lot 1 is developed? John Gretz said because this is an easily identifiable adjustment, it is not:necessary but it could be required by the Council. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Humphrey, approving a building permit for National Day Care Center on Lot 2, Block 2, Hamlet I, according to the site plan, dated May 31, 1983, by Clayton Engineering Co., sub- ject to erection of a snowfence along the west property line during construction and moving the permanent fence and landscaping three feet east of the west property line as recommended by the Planning Commission. NATIONAL DAY CARE BUILDING PERMIT. HAMLET I Councilmember Humphrey asked what the building materials will be? Scott Harry, of Schoell & Madson, Inc., was present and said the roof will be wood and the building face brick. They use rather neutral, earth tone, type colors for the buildings. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, approving tax abatements on Out- lots A and B bf Greenleaf 11th Addition and Outlots A, B, C, and D of Greenleaf 12th Addition as recommended by the City Adminis- trator in his letter, dated June 17, 1983, for the years 1981, 1982 and 1983. Ayes - 5 - Nays - 0. TAX ABATEMENTS GREENLEAF 11TH & 12TH 0UTLOTS Mr. Asleson said the difference in dollar amounts for an easement to Williams WILLIAMS PIPE Pipe Line Company on Outlot D, Greenleef 12th Addition, as shown in his memo, LINE EASEMENT dated June 20, 1983, has been resolved. The City computed the amount at $500 per acre and Williams has been paying $200 per acre for other easements, but uses a larger acreage figure. MOTION: of Holton, seconded by Humphrey, approving an easement for Williams Pipe Line Company on Outlot D, Greenleaf 12th Addition, in consid- eration of the amount of $2,414.50 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. APPROVE WILLIAMS EASEMENT STREET LIGHT JOHNNY CAKE & CO. RD. 42 ORD. 300 SNOWMOBILE & ATV REGS. TABLE CONTRACT AWARD PROJECT 83-2 MOTION: of Holton, seconded by Savanick, authorizing installation of a street light by Northern States Power Company at the intersection of Johnny Cake Ridge Road and County Road 42. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, passing Ordinance No. 300, re- scinding Ordinance No. 288 and amending the City Code related to snowmobile, all-terrain vehicle and recreational motor vehicle regulations as recommended by the City Attorney. Ayes - 5 - Nays Mr. Asleson requested the Council to table consideration of awarding a con- tract for Project 83-2 because the property owner has not yet agreed to ac- cept assessments for the storm sewer work. This matter should be resolved within a week. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1983 Page 4 MOTION: of Savanick, seconded by Holton, setting a special meeting at SET SPECIAL 8:00 p.m. on June 30, 1983, and tabling consideration of Pro- MEETING ject 83-2 contract award until June 30, 1983. Ayes - 5 - Nays - 0. Keith Gordon said the developer has requested a 60-day delay on Project 83-8, Morningview 6th Utilities, and he has contacted the low bidder with this request. He has not yet received an answer and would recom- mend tabling consideration of the contract award at this time. The Council agreed to table it. TABLE CONTRACT AWARD PROJECT 83-8 John Gretz reviewed changes to reduce the cost of the Public Works Garage Addition as outlined in his memo, dated June 16, 1983, and the letter from the City Engineer, dated June 15, 1983. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1983- RES. 1983-92 92 awarding the contract for Project 82-8, Public Works Garage AWARD CONTRACT Addition, to Site Services, Inc., the low bidder, in the amount PROJ. 82-8 of $106,350 and a change order deduction in the amount of $18,600 for a new amount of $87,750.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1983- RES. 1983-93 93 awarding the purchase of a crawler tractor with hydraulic dozer to Case Equipment Co., the low bidder, in the amount of $32,737 with a total cost bid net of ($3,763) and authorizing the purchase of a used trailer for $3,025 and a reversible plow for $1,370 from Road Machinery & Supply Co. and a four-wheel truck from Grossman Chevrolet for $9,985. Ayes - 5 - Nays - 0. AWARD PURCHASE OF STREET DEPT. EQUIPMENT Councilmember Branning commented on the plat waiver requests to divide PLAT WAIVERS duplex lots into separate parcels and questioned if this should be con- DUPLEX LOTS sidered zero lot line housing and, if so, does it meet the lot size re- quirements? John Gretz said these requests are made so each dwelling unit can be sold separately and several of these have previously been approved. These buildings do have separate sewer and water services. Jim Sheldon said, in effect, this type of waiver is a variance. Mr. Gretz said the duplexes are in R-2 zones which require a minimum lot size of 15,000 square feet or 7,500 square feet per dwelling unit according to the Zoning Ordinance. Councilmember Branning said when the units are sold as separate parcels, he would question whether a minimum 7,500 square foot lot is large enough. Councilmember Humphrey expressed concern about proper insurance for individually-owned units and exterior maintenance if these buildings have no agreements such as townhouse associations have. Councilmember Savanick because these buildings are constructed, these are the types of concerns that should be addressed on future plats and building permits. MOTION: of Holton, seconded by Savanick, approving waivers of platting PLAT WAIVERS for Lots 2 and 3, Block 1, Timberwick 5th Addition, according LOTS 2 & 3, to the surveys, dated June 2, 1983, by Delmar Schwanz, as recom- BLK. 1, TIMBER- mended by the Planning Commission. WICK 5TH CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 1983 Page 5 Councilmember Holton asked if the City would have liability for maintenance or insurance in granting a waiver? Mr. Sheldon said no,.the Council does not even have the ability to require that maintenance associations be set up in townhouse situations. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Humphrey). MOTION: of Branning, seconded by Savanick, approving hiring the various HIRE PARTTIME parttime employees listed on the memo from the City Administrator, EMPLOYEES dated June 23, 1983. Ayes - 5 - Nays - 0. Mr. Asleson reviewed the Police Labor Agreement for 1983 and 1984 as signed by the Union today. He outlined the changes from the 1981-82 agreement including a six percent salary increase for 1983 and five percent for 1984 and recommended approval. MOTION: of Branning, seconded by Savanick, approving the 1983-84 Police Labor Agreement with L.E.L.S. Local #71, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. 1983-84 POLICE LABOR AGREEMENT Councilmember Savanick advised the Council that she had received a request CABLE TV COM. from the Cable TV Commission to consider an increase in the reimbursement REIMBUREEMENT policy for its members for next year. The members now receive reimburse- ment for 50 percent of the cost of basic cable service. This will be discussed at a future time. MOTION: of Savanick, seconded by Branning, to pay the claims and bills, checks numbered 30976, 30977, 32955 through 33030 and 33039 through 33142, in the total amount of $1,770,182.93. Ayes - 3 - Nays - 0. CLAIMS & BILLS The meeting was adjourned at 9:23 o'clock p.m.