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HomeMy WebLinkAbout07/22/1982CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 22, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning (attended from 8:00 p.m. to 9:05 p.m.), Kelly and Savanick; Clerk Asleson. ABSENT: Councilmember Overgard. Mayor Garrison called the meeting to order at 7:40 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Kelly, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA MOTION: of Savanick, seconded by Kelly, approving all items on the consent CONSENT AGENDA agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Kelly, approving Change Orders No. 1 and 2 to the contract with A & K Construction, Inc., for Project 81- 14(2), Pumphouse No. 10, of an additional $1,860.70 and extending the completion date to August 16, 1982. Ayes - 3 - Nays - 0. PROJ. 81-14(2) CHANGE ORDERS 911 BACKUP PLAN AGREEMENT PROJ. 82-3 FINAL PAYMENT TRANSIENT MERCHANT LIC. VARIANCE STORAGE BLDG. VARIANCE SIDE LOT LINE VARIANCE & BLDG. PERMIT IN "A" ZONE MOTION: of Savanick, seconded by Kelly, approving an agreement with Dakota County for 911 Backup Communications Plan related to emergency dispatching services and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Kelly, accepting Project 82-3, 1982 Street Maintenance Program, as final and authorizing final payment to McNamara-Vivant Contracting in the amount of $24,740.19. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Kelly, approving 1982 transient merchant licenses for Scenic Concepts, Street Treats Ice Cream Ltd., M & M Distributors, Halvorsen Paint & Wallpaper and Varsity Company. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Kelly, granting a variance for Lot 9, Block 4, Greenleaf 6th Addition to allow a 160 square foot acces- sory storage building as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Kelly, granting a variance for Lot 3, Block 2, Valley South, to allow construction to within nine feet of the west lot line as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Kelly, granting a variance to allow a 4.1 acre buildable parcel in an "A" zone and approving a building per- mit for a detached single family house on the west 1,300 feet of Government Lot 2, Section 10, Township 115 N, Range 20W, as recom- mended by the Planning Commission. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1982 Page 2 MOTION: of Savanick, seconded by Kelly, granting a waiver of platting for Lot 8, Block 3, Cobblestones I, as indicated on the survey, dated November 3, 1981, by James R. Hill, Inc., subject to fil- ing of restrictive covenants regarding the shared use of the water and sewer service as recommended by the Planning Commis- sion. Ayes - 3 - Nays - 0. PLAT WAIVER LOT 8, BLK. 3, COBBLESTONES I VARIANCE CORNER LOT MOTION: of Savanick, seconded by Kelly, granting a variance for Lot 3, Block 2, Apple Valley 2nd Addition, to allow construction to within 25 feet of the east lot line as recommended by the Plan- ning Conmlission. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Kelly, approving a building permit for SCOTT HIGHLANDS an accessory storage building at Scott Highlands Middle School MIDDLE SCHOOL as recommended by the Planning Commission. Ayes - 3 - Nays - 0. ACCESSORY BLDG. END OF CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Savanick, approving the minutes of the meeting of July 8, 1982, as written. Ayes - 3 - Nays - 0. JULY 8, 1982 MINUTES AUDIENCE DISC. 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. Bill Peterson of the Dakota County Assessor's Office was present and distributed copies of recommended tax abatements, dated July 20, 1982, to the Council. MOTION: of Savanick, seconded by Kelly, approving tax abatements on parcels numbered 01-56724-020-01, 01-18150-110-01 and 01-20506- 360-01 as recommended by the Dakota County Assessor. Ayes - 3 - Nays - 0. TAX ABATEMENTS Mayor Garrison called the public hearing to order at 7:47 p.m. to consider vacation of a walkway and pathway easement in Carrollwood Village 4th Addition and noted receipt of the affidavit of publication of the hearing notice. John Gretz reviewed the location of the easement between Lots 3 and 4 of Block 2 and said the easement is not necessary be- cause other pathways and sidewalks provide pedestrian access in this area. The Mayor asked for questions and comments from the Council and public. There were none and the hearing was declared closed at 7:50 p.m. MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1982- 88 vacating the walkway and pathway easement on Lots 3 and 4, Block 2, Carrollwood Village 4th Addition and directing the City Clerk to file the Notice of Completion of the Vacation with Dakota County. Ayes - 3 - Nays - 0. RES. 1982-88 CARROLLWOOD 4TH EASEMENT VACATION The Council received an application from Galaxie Park Development Co. for industrial revenue bond financing in the amount of $670,000 for two buildings for retail office and warehouse uses to be located at the southeast corner of Galaxie Avenue and County Road 42. Richard Winkler of Galaxie Park Development Co. was present to answer ques- tions. John Gretz said the Planning Commission reviewed the proposal at its July 21, 1982 meeting and gave it concept approval. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1982 Page 3 MOTION: of Kelly, seconded bySavanick, adopting Resolution No. 1982-89 setting a public hearing at 7:30 p.m. on August 12, 1982, on the proposal of Galaxie Park Development Co. for $670,000 of indus- trail revenue bond financing. Ayes - 3 - Nays - 0. RES. 1982-89 GALAXIE PARK IND. REV. BOND HEARING ORDINANCE NO. 27] AMEND ZONING ORDINANCE 162 MOTION: of Kelly, seconded by Savanick, passing Ordinance No. 271 amending Appendix A of the City Code, Zoning Ordinance No. 162, related to manufactured housing in certain zoning districts within the City as recommended by the Planning Commission. Ayes - 3 - Nays - 0. Councilmember Branning attended at this time. The Council received a report, dated July 22, 1982, from the City Administrator con- cerning the bids for radio equipment received July 9, 1982. Mr. Asleson reviewed the report and items of equipment which can be deferred at this time totaling $21,556. He also reviewed the sources of funding for the quipment recommended to be purchased at this time. Councilmember Kelly said she is comfortable with the bids received for Fire pagers, Contract 1902, but she is not comfortable with receiving only one bid for the other equipment, Contract 1901. John DuBois, the City's consultant for this equipment, was present and referred to his letter, dated July 15, 1982, explaining why only one bid was received. He also said a pre-bid conference was held and all potential bidders were given an opportunity to question the specifications and request changes. Mr. DuBois said the equipment bid is of good quality and the price bid is within two percent of his estimate. The esti- mated life of the equipment is 10 to 12 years. Councilmember Kelly said she had asked for copies of comments from the vendors received at the pre-bid conference and never received them. Mr. Asleson gave her copies of these from the files. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1982- 90 awarding Contract 1901 to General Communications, Inc., in the net amount of $131,501.00 and Contract 1902 to Communications Specialists of Minnesota, Inc., in the amount of $24,213.62 and authorizing the Mayor and Clerk to sign the same and establishing the initial order on Contract 1901 to be $114,433 and the initial order on Contract 1902 to be $19,725.06. Ayes - 4 - Nays - 0. RES. 1982-90 AWARD RADIO EQUIP. CONTRACTS RES. 1982-91 AWARD CONTRACT PROJ. 81-12 SET SPECIAL MEETING MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1982-91 awarding the contract for Project 81-12, The Oaks of Apple Valley, Timberwick 6th and Frontage Road Street Improvements, to Minne- sota Curb & Gutter and Fischer Sand & Aggregate (a joint venture), the low bidder, in the amount of $169,980.00. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, setting a special meeting at 7:30 p.m. on July 29, 1982, at City Hall to consider awarding a contract on Project 80-6, Cedar Avenue Utility Relocations. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 1982 Page 4 John Gretz said because Project 80-6 involves reimbursement funds from the State of Minnesota, the State must also review the contract. The delay in this review was caused by a discrepancy in the bid of Enebak Construction which would have made it the low bidder. The Court issued a restraining order and ruled, today, that the interpretation was incorrect and the contract should be awarded to Richard Knutson, Inc. A written copy of the Court Order will be received before the July 29th meeting. MOTION: of Savanick, seconded by Branning, approving a Maintenance Agreement for Separated County Bike Paths with Dakota County and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. COUNTY PATH MNTC. AGREEMENT ROAD CONST. FUNDING REPORT CHRISTUS VICTOR EASEMENTS The Council received a report, dated July 12, 1982, from the City Admin- istrator on road construction funding. Mr. Asleson reviewed information in the report which shows an unencumbered balance of $90,568.29 after completion of the current construction programs. MOTION: of Savanick, seconded by Branning, authorizing the purchase of easements from Christus Victor Church in the amount of $6,000 as recommended by the City Attorney. Ayes - 4 - Nays - 0. Councilmember Branning said Hank Myers is resigning from the Urban Affairs Committee because of the extra workload at his job. He would be interested in continuing as an associate member of the committee on a time available basis. MOTION: of Branning, seconded by Savanick, appointing Hank Myers as an associate member of the Urban Affairs Committee with voting rights, but no meeting attendance requirements. Ayes - 4 - Nays - O. MYERS URBAN AFFAIRS COM. COMMITTEE VACANCIES MOTION: of Kelly, seconded by Branning, authorizing advertising for ap- plicants until August 15, 1982, for the vacancies of the Park and Urban Affairs Committees. Councilmember Savanick said she is concerned about filling a vacancy of the Park Com- mittee now. If a new Park Director is hired this Fall, it would be advisable to have his input and perhpas the direction of the committee should be changed to include more in the area of program development, etc. Mr. Asleson suggested this could be a topic to include in the goals and policy setting workshop the Council will be having in January. The Council discussed this and it was noted that the terms on all of the Committees expire March 1, 1983. Vote was taken on the motion. Ayes - 4 - Nays - O. MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1982- 92 waiving the fee in paragraph VII.3 of Exhibit A to Resolu- tion No. 1982-53 for Valley Athletic Association and Apple Valley Region Hockey Association at Hayes Community Center for their activity registrations and for issuing equipment. Ayes - 4 - Nays - 0. RES. 1982-92 HAYES BLDG. USE FOR V.A.A. & A.V.R.H.A. The Council discussed the use of Hayes Building for concessions and agreed not to change the policy at this time, but any donations to the City to help defray utility costs would be accepted. CITY OF APPLE VALLEY Dakota County Minnesota July 22, 1982 Page 5 Councilmember Branning left the meeting at this time. MOTION: of Savanick, seconded by Garrison, approving hiring two temporary tree inspectors to work from July 26 through September 30, 1982, at salaries of $4.00 per hour. Councilmember Kelly said she is opposed to hiring any more parttime employees until there is more information on the status of the budget for the remainder of this year Vote was taken on the motion. Ayes - 3 - Nays - O. MOTION: of Kelly, seconded by Savanick, to pay the claims and bills, checks numbered 27282, 28387 through 28477 and 28487 through 28627, in the total amount of $815,197.25. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:14 o'clock p.m.