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HomeMy WebLinkAbout11/22/1983CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 22nd, 1983, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Branning, Holton, Humphrey and Savanick (attended at 8:02 p.m.); Clerk Asleson. ABSENT: None. Mayor Overgard called the meeting to order at 8:00 p.m. The Councilmember's and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Humphrey, approving the agenda for to- night's' meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA CONSENT AGENDA 1984 CLEANING AGREEMENT 1984 RUBBISH SERVICE Councilmember Savanick attended at this time. MOTION: of Holton, seconded by Humphrey, approving all items on the con- sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, approving renewal of the Agree- ment with Ultra-Brite Maintenance for 1984 building cleaning ser- vices at a monthly charge of $887.00 per month. Ayes - 5 - Nays 0. MOTION: of Holton, seconded by Humphrey, approving an agreement with Knut- son Rubbish Service for 1984 rubbish removal service at City buildings at a monthly charge of $412.00 per month, based on quo- tations received. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, granting setback variances to 48 LOT 6, BLK 3 feet from Garden View Drive, 27.7 feet from 144th Street and 24.4 ACADEMY VILLAGE feet from the rear lot line on Lot 6, Block 3, Academy Village, VARIANCES to construct a building as located on the survey dated November 11, 1981, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 81-12, The Oaks and Timberwick 6th Streets, as final and authorizing final payment to Minnesota State Curb & Cutter in the amount of $24,127.38. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 81-12 FINAL ACCEPTANCE PROJ. 81-2(1) FINAL PAYMENT PROJ. 82-5 CHANGE ORDER 1 PROJ. 81-11 MOTION: of Holton, seconded by Humphrey, accepting Project 81-2(1), Morn- ing Utility Improvements, as final from Richard Knutson, Inc. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, accepting Project 82-5, 1982 Sewer Television Inspections, as final and authorizing final pay- ment to Donohue & Associates in the amount of $1,915.97. Ayes - 5 - Nays - 0, MOTION: of Holton, seconded by Humphrey, approving Change Order No. 1 to Project 81-11, Farquhar Park Shelter Buildings, in the amount of a $600.00 deducation. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1983 Page 2 MOTION: of Holton, seconded by Humphrey, accepting Project 81-11, Far- quhar Park Shelter Buildings, as final and authorizing final payment to Keho Construction Company in the amount of $24,500.00. Ayes - 5 - Nays - 0. FINAL ACCEPT. PROJ. 81-11 MORNINGVIEW FHA LETTER HIRE INTERN BERGER MOTION: of Holton, seconded by Humphrey, approving the standard FHA letter concerning payment for improvements in Morningview and authorizing the Mayor and City Attorney to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring Gary Berger effective December 1, 1983, at a salary of $5.25 per hour as an intern in the Community Development Department as a joint project with the Apple Valley Area Economic Development Cor- poration. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving a permit for Donald Rasmussen to operate a hot air ballon in Faith Park during day- light hours on November 24, 1983, as recommended by the Parks Direeto. Ayes - 5 - Nays - O. RASMUSSEN HOT AIR BALLOON PERMIT END OF CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey,. approving the minutes of the NOV. 8, 1983 meeting of November 8th, 1983, as written. Ayes - 4 - Nays - MINUTES 0 (Branning Abstained). Mayor Overgard 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. AUDIENCE DISCN CEDAR AVENUE OPENING The Council noted that dedication ceremonies were held at 11:30 a.m. to- day for the opening of Cedar Avenue. The reception following the cere- monies was hosted by the Chamber of Commerce at The Big Apple and was very well attended. Mayor Overgard said Mr. Don Mosher of Senator Boschwit'z office was not able to be present due to a family emergency and his attendance at a meeting will be rescheduled. Mr. Asleson distributed a memo dated November 17, 1983, from the Metro- NEW MTC BUS politan Transit Commission advising that a new bus route will be added ROUTE 77A on Cedar Avenue in response to requests from area residents. It will be Route 77A to downtown Minneapolis and begin on Monday, November 28, 1983. Mayor Overgard called the public hearing to order at 8:10 p.m. on Pro- PUBLIC HEARING ject 83-6,' County Road 11 and 140th Street Intersection Improvements, PROJ. 83-6 and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvements as described in his report dated October 7, 1983. The intersection will be constructed with 90°. angles with 140th Street proceeding north as County Road 11 and access for future County Road 38 to the east will be provided. The intersection would be closed in May for construction. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1983 Page 3 Mr. Asleson said special assessments against one abutting property (known as the motel site) are proposed, but until he receives more information from Dakota County, he can- not determine how the City will pay for the rest of its share of the improvement costs. Councilmember Savanick asked where pathways will be located. Mr. Gordon said the paths- will be continued along the south, side of 140th Street and both side of County Road 11. Mr. Gordon also said Palomino Drive and County Road 11 intersection will be able to remain open during construction. There were no further questions and the hearing was closed at 8:15 p.m. Mayor Overgard called the public hearing to order at 8:16 p.m. on applica- PUBLIC HEARING tions for 1984 on-sale liquor license renewals and noted receipt of the 1984 ON-SALE affidavit of publication of the hearing notice. Applications under consid- LIQUOR LICENSES eration are from: Apple Bowl, Inc., d/b/a Benji's Apple Valley Bowl; Cedar Valley Inc., d/b/a Apple Valley Greenstreets; JIM THE GREEK, INC.; and Shonrik Development, Inc., d/b/a R. Berry's, and all include Sunday liquor. TheMayor asked for comments from the Council and the public; there were none and the hearing was closed at 8:17 p.m. Mr. Asleson reviewed proposed special assessments for improvements in Hunters Wood 3rd, Forest Park. 3rd, Hamlet Manor Homes, Morningview 6th and Heritage Hills 7th Addition MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1983- 154 approving proposed special assessment rolls 196, 197, and t98and setting public hearings on them at 8:00 p.m. on December 20, 1983. Ayes - 5 - Nays - 0. RES. 1983-154 SET ASSESSMENT ROLL HEARING MOTION: of Humphrey, seconded by Branning, approving a special use permit SPEC. USE PERMIT for Donald Newcomb to sell Christmas trees on the East Half of CHRISTMAS TREES Lot 3, Block 1, Levine Subdivision, from November 26 through December 20, 1983, pursuant to City Code Section. A1-23. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, requesting the Dakota County SPEED SURVEYS Board of Commissioners to request MnDOT to perform traffic studies PALOMINO & 42 on County Road 42, between County Road 11 and Garden View Drive, and on County Road 38 (Palomino Drive), between County Road 11 and Trunk Highway 77 (Cedar Avenue). The Council discussed whether only the.section of County Road 42 between County Road 11 and Redwood Drive should be included and if SO, should Burnsville be asked to submit the request to Dakota County. Mr. Asleson said he believes a study on County Road 42 was done recently including as far west as Burnsville Center, but he would check further. MOTION: of Savanick, seconded by Holton, tabling the motion on the floor TABLE SURVEY for further information. Ayes- 3 - Nays - 0 (Overgard) (Humphrey Abstained). Jim Sheldon, City Attorney, said Police Officer Moody received disciplinary MOODY DISCIPLIN- action and has elected to have a hearing before the City Council which ARY HEARING Would act as a "board of review" in the matter. He asked the Council to select a tentative date and an alternate and he would try to make arrangements for all parties to be present. The Council agreed that 9:00 a.m. on Saturday, January 7 or 14, 1984, could be set. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1983 Page 4 MOTION: of Holton, seconded by Branning, to pay the claims and bills, CLAIMS & BILLS checks numbered 31010 through 31013, 35035 through 35068, 35077 through 35146 and 35155 through 35240, in the total amount of $2,776,166.18. Ayes - 5 - Nays- 0. MOTION: of Savanick, seconded by Holton, to adjourn. Ayes - 5 - Nays The meeting was adjourned at 8:38 o'clock p.m.