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HomeMy WebLinkAbout03/25/1982CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 25, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning (attended at 7:34 p.m.), Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison 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 Overgard, seconded by Savanick, approving the agenda for to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA GOLF COURSE FURNITURE RES. 1982-35 FARQUAR LAKE STREET VACATION GARAGE ADDITION VARIANCE PRELIM. REPORT WMS. BROS. PROPERTY PALOMINO WOODS WATER BOOSTERS 1981 ANNUAL POLICE REPORT TRANS. MERCHANT LICENSES MOTION: of Overgard, seconded by Savanick, adding Golf Course furnishings to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, approving the purchase of 48 chairs and 12 tables for Lebanon Hills Golf Course Clubhouse from St. Paul Bar and Restaurant Equipment Company for the low quota- tion of $2,704.20. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982-35 clarifying the legal description of streets vacated in Farquar Lake Addition by Resolution No. 1978-12. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, granting a variance for a side- yard setback of 16 feet from the east lot line for a garage addi- tion on Lot 1, Block 2, Greenleaf 1st Addition as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, authorizing the City Engineer to prepare a preliminary feasibility report on extending City Water mains to the Williams Bros. Pipeline property Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, authorizing the purchase of up to 15 individual water pressure booster systems for installation in homes in Palomino Woods. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, receiving the 1981 annual Po- lice Department report. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving 1982 transient mer- chant licenses for Wigant Enterprises, Servicemaster of Apple Val- ley and Husky Lawn Service. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1982 Page 2 MOTION: of Overgard, seconded by Savanick, confirming the hiring on a PARTTIME parttime basis within the 1982 personnel plan in job number 117, EMPLOYEE DODGE Program Supervisor, at a salary of $5.50 per hour, effective March 18, 1982, for Richard Dodge. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, approving the minutes of the MARCH 11, 1982 regular meeting of March 11, 1982, as written, Ayes- 4- Nays - 0. MINUTES MOTION: of Overgard, seconded by Kelly, approving the minutes of the special meeting of March 16, 1982, as written. Ayes - 4 - Nays - 0. MARCH 16, 1982 MINUTES AUDIENCE DISC. Councilmember Branning attended at this time, Mayor Garrison asked if there was anyone in the audience who wished to address the Council at this time on any item not on the meeting agenda. There was no one. Mr. Dennis Marver of Westinghouse Security Systems, Inc., presented the LOHSE W.S.S.I. February officer of the month award to Police Officer Merle Lohse for his AWARD actions a fire at the Beef 'N' Brew Restaurant on February 11, 1982. The award is presented to officers in the seven-county metropolitan area for meritorious service to the community. Mr. Lohse was present to accept the award of a $100 savings bond. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 36 receiving the preliminary engineering report on Project 80-4, storm sewer improvements related to Cedar Avenue between 140th Street and 1-35, and setting a public hearing on it at 7:30 p.m. on April 22, 1982. Ayes - 5 - Nays - 0. RES. 1982-36 PROJ. 80-4 PUBLIC HEARING Mayor Garrison called the public hearing to order at 7:37 o'clock p.m. on Project 80-6, utility relocations along Cedar Avenue between 140th Street and 1-35, and noted receipt of the affidavit of publication of the hearing notice. PROJECT 80-6 PUBLIC HEARING Keith Gordon reviewed the preliminary report and said the utility relocations are necessary because the reconstructed Cedar Avenue will be a a lower grade than it is now and the Highway Department will not allow any utilities to be placed within the freeway right-of-way. It is expected that Cedar Avenue will be closed for construc- tion between 140th and 127th Streets from August 1982 through 1984 and between 127th Street and 1-35 from Spring 1983 through 1984. The State Highway Department will be administering the contracts and will be handling the detours and access for residents during construction. Agnes Scott asked how a sewer line on the west side of Cedar Avenue can benefit pro- perty on the east side. Mr. Gordon said there will be pipes crossing under Cedar Avenue and at the Scott property, there is a line on the east side of the road. Bob Swanson asked how many families will be assessed for the project? John Gretz said approximately 22 properties are involved. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1982 Page 3 Helen Schultz asked when construction of Pennock will Start? Mr. Gordon said about May 1st and will be completed by fall, the Cedar service drives should be completed by the middle of 1983. Don Erickson asked what size road Pennock will be and will it be used as a detour? Mr. Gordon said it will be 32 feet wide and will probably have some traffic, but it will not be marked as a detour; the main detour will be 127th Street to Galaxie Avenue. Agnes Scott asked how far the frontage road on the east side of Cedar will extend? Mr. Gordon said it will be from 138th Street to 132nd Street. Augusto Molino questionedwhether the road and utility construction time tables would conflict. Mr. Gordon said the utility construction will take place while Cedar Avenue is closed and Pennock will be completed by that time. Bob Swanson asked what the frontage road west of Cedar at Cimarron will be called? Mr. Gordon said it will probably be called Pennock. Helen Schultz asked if tees.will be put in the sewer trunk? Mr. Gordon said yes where they are requested by property owners. John Gretz Said the trunk assessments will be $550 per acre for sanitary sewer and $840 per acre for water. The lateral benefit of $15.00 per front will only be assessed to some of the properties at this time. He'reviewed some Of the estimated assessments. Don Erickson asked when the lateral charge would be assessed to his property. Mr. Gretz said probably when he decides to subdivide his property. Mike McNamara said if the utility relocations are being caused by the road construction, shouldn't the State pay for these costs? Mr. Gretz said some of these are really new utilities and property is only assessed once for trunk area charges. Mr. Asleson reviewed the City's policy on assessments for trunk oversizing costs. Councilmember Savanick asked what the term of the assessments would be. Mr. Asleson said probably 15 years. Agnes Scott asked what the 1970 assessment was for on her property. Mr. Gretz said it was the trunk area charge and now it would only be assessed the lateral benefit charge. Mr.s Scott asked why they were not able to connect to the sewer. Mr. Asleson said the normal City policy is to assess property within one fourth mile of a trunk line for the area charge whether the laterals are extended or not. Councilmember Branning asked if tees can be put into trunk lines for unplatted property. Mr. Gordon said it depends on the layout of the property and the wishes of the property owner. Bob Swanson asked what the assessment would be on his property in Section 16. Mr. Gretz said it would be trunk charges of $13,365 for sewer and $20,412 for water. Mary Kay Erickson asked what the assessment would be for her property and what the in- terest rate would be. Mr. Gretz said it would probably only be trunk charges and not lateral benefit at this time. Mr. Asleson said the assessment hearing will probably be held in August or September and the interest rate will be known then, but he would guess it would be between 10 and 13 percent. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1982 Page 4 Don Erickson said they have only lived here for four months and when they checked on assessments, they were told the property would not be assessed for Cedar Avenue. Mayor Garrison said this project is for utility improvements and all property in the City is assessed area charges at some time. Helen Schultz said she objects to the improvements because when she built her house two years ago utilities were not available and private sewer and water had to be installed. There being no further questions or comments, the Mayor declared the hearing closed at 8:20 p.m. John Gretz requested that the Council not consider documents related to the Apple Valley Red-E-Mix (Fischer) gravel mining litigation included on the agenda. He said he has met with residents of the area and they have requested additional time to prepare a position statement before this item is considered by the Council. A.V. RED-E-MIX GRAVEL SUIT The Council received a memo, dated March 24, 1982, from the City Admin- BIRDSONG istrator related to the Birdsong proposal. Mr. Asleson commented on the procedures for dealing with requests that deviate from the Comprehensive Plan and said sometimes the petition and the proposed Plan amendment need to be addressed independently and sometimes they can be handled together. Because the Land Use Guide Plan uses the wording "single family" with R-10.to 3 units per acre, it was questioned whether the Birdsong proposal meets the Comprehensive Plan. Another question involves the Sewer Policy Plan. The Sewer Plan has not been totally approved by the Metropolitan Council so there is not really a plan to amend. The Comprehensive Plan does include a Planned Urbanization Map which was approved. This map shows the Birdsong area in the 1985 to 1990 time frame for development. The map would have to be amended, but it is tied to the Sewer Plan which is not yet approved. The Birdsong proposal could not be approved until the amend- ments are made. John Voss explained that the Planned Urbanization Map was required by the Metropolitan Council. When the map was prepared by the Planning Commission, they were not sure of the timing on development in the City except for those areas affected by sewer inter- ceptors. Mr. Asleson said he is suggesting that the Planning Commission review the Comprehensive Plan related to the designations on the Land Use Guide Plan for residential areas des- cribed as single family, mixed residential, etc., to determine if the intent is to use that language or the dwelling unit densities also shown. Even where singls family is specified, it is not clear if it is single family detached or single family attached units. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-37 RES. 1982-37 requesting the Planning Commission to review the residential REFER LAND USE land use designations contained in the Comprehensive Plan and TO PLANNING forward its recommendation to the Council on whether or not the COMMISSION R designations should be changed or remain in their adopted form. MOTION: of Savanick, seconded by Branning, amending the above motion by directing that the Planning Commission hold a public hearing before consmderzng any revisions. CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1982 Page 5 John Voss said the Planning Commission could hold the public hearing on April 21, 1982, and possibly make a recommendation to the Council in May. He also said after the Council submits a request to the Metropolitan Council, it has 90 days in which to make a decision. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Sarah Mardell said she believes the single family designation is very clear; she does not believe it means anything o'ther than single family detachedhomes. Councilmember Savanick said she does not believe the designations should be changed and for that reason she is opposed to the motion. Councilmember Branning said maybe the area east of Pilot Knob Road should remain single family designated, but some other areas shown on the Land Use Guide Plan should be a different designation and the Planning Commission should at least look at it. Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Overgard, seconded bY Garrison, adopting Resolution No. 1982-38 deferring further consideration on the Birdsong rezoning petition until the sewer element of the Comprehensive Plan is approved by the Metropolitan Council and directing Staff to revise the Planned Urbanization Map in accordancs with the Birdsong proposal for the Planning Commission to consider. RES. 1982-38 DEFER BIRDSONG & REVISE COMP. PLAN SEWER MAP Councilmember Savanick said she believes the Council should consider the Birdsong pro- posal before considering this resolution. Mayor Garrison said whether or not the Birdsong proposal was before the Council, he would consider some type of development in this area in the 1982 to 1990 time frame and the map should be revised. The Council agmeed to amend the wording of the resolution so up to 300 acres of property in Sections 13 and 14 of the City are shown in the 1982 to 1990 time period of the Plan- ned Urbanization Map and deleting the resolution's specific reference to Birdsong. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Savanick). The Council then took a recess and upon reconvening Councilmember Kelly was not present. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1982-39 RES. 1982-39 recomending that the Minnesota Department of Transportation award MNDOT AWARD the contract for Project 79-6, Pennock Avenue and 138th Street Im- PROJ. 79-6 provements, S.P. 186-080-01 and S.P. 1929-06, to Enebak Construc- tion Company, the low bidder, in the amount of $457,415.28. Ayes - 4 - Nays - 0. Councilmember Kelly returned to the room. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1982-40 approving plans and specifications for Project 82-3, 1982 Street Maintenance, and authorizing advertisement for bids to be received at 2:00 p.m. on April 22, 1982. Ayes - 5 - Nays - O. RES. 1982-40 PROJ. 82-3 PLANS & BIDS CITY OF APPLE VALLEY Dakota County, Minnesota March 25, 1982 Page 6 MOTION: of Overgard, seconded by Kelly, awarding the contract for 1982 tree removals to The Home Company for the low quotation of $5.90 per diameter inch. Ayes - 5 - Nays - 0. 1982 TREE REMOVAL RELOCATE OLD TOWN HALL MOTION: of Branning, seconded by Overgard, authorizing an expenditure of up to $3,100 to relocate the Old Town Hall building to Far- quhar Park at the south end of the parking lot, as recommended by the Park Committee. Ayes - 5 - Nays - 0. Mr. Asleson said that following the March 16, 1982, special meeting, he contacted Mr. Kraemer again and he will not accept employment with the City. Mr. Asleson said he will be reviewing the other applications re- ceived again. PARK DIRECTOR RECRUITMENT MOTION: of Overgard, seconded by Kelly, directing Staff to consider a possible reorganization plan for the City without the position of Park Director. Mayor Garrison said because of the complexity of the City's park programs and system, he believes someone is required to manage and administer the tax dollars involved. The Council discussed the City's organization and agreed any revision would need to be dis- cussed in more detail before a decision could be made. The motion and second above withdrew. MOTION: of Savanick, seconded by Overgard, approving a Seasonal Employ- DODGE EMPLOYMENT ment Agreement with Richard L. Dodge for the position of Interim AGREEMENT Clubhouse Manager effective March 29, 1982, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving a revised Joint Exer- cise of Powers Agreement with the City of Eagan for coordinated usage of the City Attorneys in each City for court arraignment proceedings in Division 5 of the County Court and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. REVISED EAGAN J.P. AGREEMENT RECIPROCAL ATTORNEY USE HIRE RACZEK HEAD COOK DOG APPRECIATION PROCLAMATION CLAIMS & BILLS MOTION: of Overgard, seconded by Savanick, approving hiring Marilyn Raczek for the position of Head Cook at the Golf Course Club- house at a salary of $6.00 per hour effective March 29, 1982, and $5.00 per hour effective May 29, 1982. Ayes - 5 - Nays - 0. Mayor Garrison read a proclamation proclaiming Saturday, April 17, 1982, as Purebred Dog Appreciation Day in Apple Valley on behalf of the Minne- sota River Valley Kennel Club's All-Breed Dog Show and Obedience Trial to be held at the Apple Valley Sports Arena, MOTION: of Kelly, seconded by Overgard, to pay the claims and bills, checks numbered 23723 through 23728, 26794 through 26852, 26862 through 26865 and 26867 through 26957, in the total amount of $1,173,789.95 excluding check number 26866 in the amount of $110.00. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:53 o'clock p.m.