Loading...
HomeMy WebLinkAbout04/22/1982CITY OF APPLE VALLEY Dakota County Minnesota April 22, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 22, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Kelly (attended at 7:40 p.m.), Overgard and Savanick; Clerk Asleson. ABSENT: Councilmember Branning. 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- APPROVE AGENDA night's meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 58 approving a 1982 Sound Level Meter Custody Agreement with the Minnesota Department of Transportation and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. RES. 1982-58 1982 SOUND METER AGREEMENT 911 GRANT AGREEMENT MOTION: of Overgard, seconded by Savanick, approving a Grant Agreement for the 911 emergency telephone system including reimbursement to the City of $21,647 for establishing a Public Safety Answering Point and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving a 1982-83 Cross Coun- 1982-83 SKI try Ski Rental Agreement with Valley Bike and Ski, Inc., at Lebanon RENTAL AGREEMT. Hills Golf Course and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0o MOTION: of Overgard, seconded by Savanick, granting a variance for Lot 12, Block 7, Apple Valley 4th Addition, to allow construction of a house addition up to 18 feet from the street right-of-way as re- commended by the Planning Commission. Ayes - 3 - Nays - 0. VARIANCE LOT 12, BLK. 7, A.V. 4TH ADDN. MORNINGVIEW 6TH PLAT, AGREEMENT BLDG. PERMITS & VARIANCE THE OAKS OF A.V. PLAT & AGREEMENT MOTION: of Overgard, seconded by Savanick, approving the final plat and de- velopment agreement for Morningview 6th Addition and authorizing the Mayor and Clerk to sign same and approving building permits for five 24-unit buildings in the subdivision and a variance to allow nine-foot parking stalls with one open parking stall per dwelling unit as recommended by the Planning Commission. Ayes -.3 - Nays - 0. MOTION: of 0vergard, seconded by Savanick, approving the final plat and de- velopment agreement for The Oaks of Apple Valley subdivision and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1982 Page 2 MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 45 approving specifications for Project 82-5, 1982 Sewer Tele- vising Program, and authorizing advertising for bids to be re- ceived at 2:00 p.m. on May 11, 1982. Ayes - 3 - Nays - 0. RES. 1982-45 PROJ. 82-5 SPECS. & BIDS RES. 1982-46 AWARD PROJ. 80-16 CONTRACT RES. 1982-47 AWARD PROJ. 81-16 CONTRACT MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 46 awarding the contract for Project 80-16, Southport Utility Improvements, to Enebak Construction Co., the low bidder, in the amount of $57,667.80. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 47 awarding the contract for Project 81-16, Cobblestone Manor and Southport Street Improvements, to McNamara-Vivant Contract- ing Co., the low bidder, in the amount of $90,513.00. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Savanick, authorizing construction with- UTILIZE EASEMT in a utility easement up to five feet from the property line on A.V. 4TH ADDN. Lot 28, Block 2, Apple Valley 4th Addition, for a garage addition. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, approving the minutes of the APRIL 8, 1982 meeting of April 8, 1982, as written. Ayes - 3 - Nays - 0. MINUTES Mayor Garrison asked if there was anyone in the audience who wished to AUDIENCE DISC. address the Council at this time on any item not on the meeting agenda. Pam Miller presented a certificate of apprciation to the Council on behalf of the Girl Scout Council of the St. Croix Valley for providing the use of City buildings for its meetings and various other City-sponsored activities over the past years. Mr. G. W. Jorgenson, 13036 Euclid Avenue, said there have been three sewer backups at his house in the past few months. He has had damage to his carpet and two other homes have also been affected, but have not had as much damage as his house. He said he has talked with John Gretz, but has not yet been able to resolve the problem. Mr. Gretz said the sewer line was inspected with a television camera and the problem appears to be animal fat in the line. The source of the problem has been narrowed down to about 12 homes and they are in the process of contacting those homes. Mr. Gretz said when he gets a written copy of the televised inspection report he will give Mr. Jorgenson a copy of it and he will also let him know anything they find out further. Councilmember Kelly attended during this time. Mayor Garrison called the public hearing to order at 7:43 p.m. on Project PUBLIC HEARING 80-4, Cedar Avenue Storm Sewer between 140th Street and 1-35E, and noted PROJ. 80-4 receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the preliminary engineering report on the storm sewer improvements necessitated by the Cedar Avenue construction. This project involves storm sewer work the City will be doing. Additional storm sewer work will be done by the State with the City sharing in the cost. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1982 Page 3 Bob Swanson asked how many parcels of land will he assessed for this project? Mr. Gretz said the five parcels receiving direct benefit at this time. Other parcels will be asses- sed in the future when they develop or when additional storm sewer is constructed so that the property will then benefit. Mr. Gretz explained the City's trunk storm sewer policy and said every parcel of land will pay the trunk charge only once. Ron Cornwell asked how the determination is made on who benefits now and who will bene- fit in the future? Mr. Gordon said the area of developable property within the project area was determined and based on the area charge for the type of property, only enough property will be assessed to pay for the project. Ken Fisher, part owner of the Swanson property, asked how it was determined that their property would be assessed now? Mr. Gretz said a storm sewer pipe will be installed under the freeway from their property connecting drainage to the east. This will also prevent having to tear up the road for this construction in the future. Agnes Scott asked how much of the project the State will be paying and what the timing on it will be? Mr. Gordon said the State will be paying for approximately 75 percent of the storm sewer. The project will take about two-years and will start this construc- tion season. Helen Schultz asked which properties are being assessed for this project? Mr. Gretz said they are Swanson'ss Tenold's, Scott's, Cedar Knolls and a 7-11 Store. Mrs. Schultz asked when they will he levied? Mr. Asleson said probably this fall and for a 15-year period. Ron Cornwall asked if this construction was caused by the freeway or accelerated by the freeway? Mr. Gordon said the storm sewer would have been needed some day, but the construction was probably accelerated by the freeway construction. Don Erickson asked when his property would be assessed for storm sewer? Mr. Gretz said that is unknown now, but it would probably be when de develops his property. After everyone present had been given an opportunity to be heard, the Mayor declared the hearing closed at 8:06 p.m. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-48 ordering Project 80-4, Cedar Avenue Storm Sewer Improvements be- tween 140th Street and 1-35E. Ayes - 4 - Nays - 0. RES. 1982-48 ORDER PROJECT 80-4 RES. 1982-49 ORDER PROJECT 80-6 RES. 1982-50 PLANS & SPECS. PROJ. 80-4 & 80-6 MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-49 ordering Project 80-6, Sanitary Sewer and Water Improvements along Cedar Avenue between 140th Street and 1-35E. Ayes - 4 - Nays -.0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No~ 1982-50 direeting the preparation of plans and specifications for Projects 80-4 and 80-6 to be combined into MnDOT's construction project for Cedar Avenue. Ayes - 4 - Nays - 0. Councilmember Savanick said she regrets almost forcing people to develop property by in- stalling premature improvements and assessments~ but the Cedar Avenue improvements are needed. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1982 Page 4 Mr. Paul Damrow, Fiscal Analyst for the State, and Mr. Arne Carlson, State STATE AUDITOR Auditor, were present to review Apple Valley's financial health profile FISCAL REVIEW with the Council as part of the Minnesota Financial Health Program. Mr. Carlson said his office has been working with finance officers in the State to develop an analysis of past financial data to help predict future problems or trends. They have also developed a uniform chart of accounts and he would urge all cities to adopt this chart. Ail counties in the State will be converting to this chart within the next two and one-half years. Mr. Damrow reviewed an outline for use in analyzing economic indicators of the City, copies of which he also distributed to the Council. The outline included information for 1976 through 1980 and he encouraged that 1981 figures be included as soon as they are available. He said overall the report on Apple Valley is very good and shows ex- ceptional management for a rapidly growing community. MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1982-51 proclaiming April 18 to 24, 1982, Apple Valley Volunteer Recog- nition Week. Ayes - 4 - Nays - 0. RES. I982-51 VOLUNTEER WEEK Mayor Garrison then recognized representatives of the volunteer organizations who were present: Agnes Scott, Historical Committee and Fun & Friendship Sr. Citizens Club; Lynn Kline, Planning Commission and League of Women Voters; Judie Wilson, Fire Auxiliary; Carol Metry, Federated Women's Club; Lee Ohmann, American Legion and 4th of July Commit- tee; Bob Naegeli, Park Committee and Cable TV Commission; Bill Holton, Cable TV Commission; Carlyle Mitchell, Historical Committee; and Dick Tuthill and Dick Russell, Fire Department. The Council received a memo, dated April 19, 1982, from the City Admin- SNOWBIRD istrator concerning a Court decision declaring the snowbird section of ORDINANCE the City Code unconstitutional. The Council also received a letter from the City Attorney stating he does not believe an extension of time to appeal the deci- sion would be permitted. Mr. Asleson said the reason for exploring an extension of time to appeal is that the 3:00 to 6:00 a.m. parking restriction is being appealed now and if that section of the Code is upheld, the need for the snowbird section is significantly reduced. Mr. Sheldon said the Council must make a decision on whether or not to appeal the Court decision. He explained the appeal procedure and said because this was a County Court decision, a three judge panel would hear the appeal, Mr. Asleson commented on this sur- vey of other cities' parking ordinances, which is attached to the memo, and said many of them are similar to Apple Valley's, both for nighttime and snowbird restrictions. MOTION: of Overgard, seconded by Savanick, authorizing the City Attorney APPEAL SNOWBIRD to appeal the County Court Decision on parking related to snow DECISION removal, dated March 26, 1982, in the case of Apple Valley vs. William Jacobson. Auguato Molino said he does not believe the ordinance is necessary because the street on which he lives was never plowed until three days after a snowfall since he has lived in Apple Valley. Mayor Garrison stated that he had not heard before about any such problems that the City's snowplowing operations are generally completed within one day, and requested Mr. Molino to discuss the matter with John Gretz. William Jacobson asked what the cost of the appeal will be? Mr. Sheldon said it will probably be between $500 and $1,000. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1982 Page 5 Vote was taken on the motion. Ayes - 4 - Nays - 0. Councilmember Kelly said she is still opposed to 3:00 to 6:00 a.m. parking restrictions in the City. The Council received a letter from the City Attorney, dated April 19, 1982, JACOBSON related to a claim of April 12, 1982, from William Jacobson for expenses he EXPENSE CLAIM incurred in defending himself on the snowbird parking matter. Mr. Sheldon said there is no authority for the City to pay such a claim unless ordered to do so by the Court. Mr. Jacobson asked if the City's insurance company would cover the claim? Mr. Sheldon said it could be referred to the insurance company, but it is not an in- surable claim and other similar claims have been denied in the past. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-52 approving a Policy for Usage of Delaney, Hagemeister and South- view Park Shelter Buildings. Ayes - 4 - Nays - 0. RES. 1982-52 PARK BUILDING USE POLICY RES. 1982-53 OTHER BLDG. USE POLICY MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-53 approving a Policy for Usage of Apple Valley Pool and Racquet Club and Hayes Community Center. Ayes - 4 - Nays - 0. The Council received a copy of the Association of Metropolitan Municipalities' position statement on a draft Surface Water Management Plan proposed by the Metropolitan Council as part of a Metropolitan Development Guide chapter on water resources. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1982-54 54 supporting the position of the Association of Metropolitan Mun- icipalities on the draft Surface Water Management Plan for the public hearing on it April 29, 1982. Ayes - 4 - Nays - 0. RES. 1982-54 SURFACE WATER PLAN COMMENTS OPINION ON LIQUOR & WINE RES. 1982-55 PROJ. 82-4 SPECS. & ~IDS MOTION: of Savanick, seconded by Overgard, requesting an opinion from the State Attorney General on whether the City can issue an on-sale wine license and/or an.on-sale intoxicating liquor license to itself. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 55 approving specifications for Project 82-4, Lebanon Hills Golf Course Sprinkling Equipment, and authorizing advertising for bids to be received at 2:00 p.m. on May 11, 1982. Ayes - 4 - N~ys - 0. The Council received a letter, dated April 9, 1982, from the Minnesota Department of Transportation outlining the detours which will be used while Cedar Avenue is closed for reconstruction between 140th Street and 1-35E. MOTION: of Kelly, seconded by 0vergard, directing Staff to send a letter SPEED UP to Commissioner of Transportation Braun with copies to the City's CEDAR CONST. legislators requesting the State consider using two or three con- struction crews on the Cedar Avenue project to speed up the con- struction time and provide more work for unemployed persons. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1982- RES. 1982-56 56 authorizing the installation of four-way stop signs at the in- STOP SIGNS tersection of Garden View Drive and 140th Street. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1982 Page 6 MOTION: of Savanick, seconded by Overgard, authorizing the installation of a street light at the intersection of 142nd Path and 140th Street. Ayes - 4 - Nays - 0. STREET LIGHT 142ND AND 140TH MOTION: of Overgard, seconded by Kelly, authorizing an advertising pro- GOLF COURSE motion for Lebanon Hills Golf Course, via newspapers, during the PROMOTION & month of May, 1982, giving a free sleeve of golf balls for pat- ADVERTISING ton cards purchased and credits toward a cap or jacket to those who refer patron card purchasers. Ayes - 4 - Nays - 0. The Council received notice of a Joint Legislative Commission meeting on Metropolitan Governance to be held on May 5, 1982, at 7:00 p.m. at Shakopee Junior High School. METROPOLITAN GOVERNANCE MEETING SPECIAL BUDGET MEETING MOTION: of Overgard, seconded by Kelly, setting a special meeting at 7:30 p.m. on May 4, 1982, at City Hall to review possible 1982 budget revisions. Ayes - 4 - Nays - 0. Mr. Asleson said the City's local government aid was cut by $67,947 and the homestead credit aid was cut by $72,717 for a total 1982 reduction of $140,664. Because of some other 1982 revenue increases, the City's 1982 budget will need to be adjusted by $100,000. The Staff has met and identified $116,000 of cuts that could be made and $37,000 of additional expenditures that will be needed for a net reduction of $79,000. He reviewed some of the major items that make up these figures and said he will have more information for the Council at its May 4th meeting. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1982- 57 amending Resolution No. 1982-3 to change salaries in Range C on page 17 to $4.00 and $4.25 and establish criteria for classi- fying seasonal maintenance employees except for those employees previously hired in 1982. Ayes - 3 - Nays - 1 (Kelly). RES. 1982-57 AMEND PARTTIME PAY PLAN 1982 BIKE PATROL PROGRAM MOTION: of Savanick, seconded by Garrison, authorizing the Police Chief to proceed with the 1982 Bike Patrol Program as budgeted except that salaries for the two parttime people to be hired shall be in Range C of the pay plan; $4.00 per hour for Step A and $4.25 for Step B. Mayor Garrison commented that in approving this program, the Council reserves the right to terminate any persons hired now or in the future, no matter what the position, based on budget considerations. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Kelly). MOTION: of Overgard, seconded by Savanick, approving hiring the part- time arena, pool and maintenance employees as listed in the memo from the City Administrator, dated April 22, 1982. Ayes - - 4 - Nays - 0. HIRE PARTTIME EMPLOYEES HIRE SHEETS LIQ. STORE SUPERVISOR MOTION: of Overgard, seconded by Savanick, approving hiring John Sheets for the position of Liquor Store Supervisor effective April 24, 1982, at an annual salary of $17,000, Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1982 Page 7 MOTION: of Kelly, seconded by Overgard, approving hiring William Hyska for the position of Police Officer effective May 14, 1982, at a salary of $1,364 per month. Ayes - 4 - Nays - 0. HIRB HYSKA POLICE OFFICER CLAIMS AND BILLS MOTION: of Kelly, seconded by Savanick, to pay the claims and bills, checks numbered 23730 through 23739, 27165 through 27254 and 27363 through 27437, in the total amount of $1,854,439.92. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Overgard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:25 o'clock p.m.