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HomeMy WebLinkAbout02/26/1981CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 26, 1981 at 8:00 o'clock P.M. at the City Hall. PRESENT: Councilmembers Branning, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: Mayor Garrison. Acting Mayor Kelly 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 Overgard, seconded by Savanick, approving the agenda for to- APPROVE AGENDA night's meeting, as amended. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Overgard, adding receipt of the Police report to the consent agenda and approving all items on the con- sent agenda. Ayes - 4 ~ Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS The Council received the 1980 annual Police report and commended the Police Department for its work. MOTION: of Savanick, seconded by Overgard, setting a special meeting for the 1981 Board of Review meeting at 7:00 p.m. on Wednesday, June 17, 1981. Ayes - 4 - Nays - 0. SET BOARD OF REVIEW MEETING HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Overgard, approving hiring Laurie Segal, Debbie Grantham and Krista Monson for the swimming program effec- tive February 27, 1981; Craig Opel as an After School Instructor effective February 24, 1981; and Mark Lund for Forestry mainten- ance effective March 2, 1981. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS Acting Mayor Kelly called the public hearing to order at 8:05 p.m. to consider the vaca- tion of a walkway easement between Lots 3 and 4 of Block 2, Carrollwood Village 4th Addition. Mr. Asleson said the petitioner, Jaxon Corporation, is requesting the vacation because of the placement of the house on Lot 3. The easement will be shifted five feet to'the north and Jaxon Corporation has executed the new easement. Acting Mayor Kelly asked for questions or comments from the Council and the audience; there being none, the hearing was closed at 8:07 p.m. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1981- 33 vacating the 20-foot wide walkway easement between Lots 3 and 4 of Block 2, Carrollwood Village 4th Addition and directing the Clerk to file the Notice of Completion of the Vacation. Ayes - 4 - Nays - 0. Mr. Asleson distributed copies of a letter from Woodlake Sanitary Service and supple- mental information on the garbage collection survey prepared by Fred Metry, of the Urban Affairs Committee, dated February 24, 1981. Me reviewed the results of the survey of the residents on curbside garbage collection. Of the 2,486 replies, 1,157 did not want to change and 1,329 were in favor of curbside pickup with a districting system. RES. 1981-33 WALKWAY EASEMENT VACATION CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1981 Page 2 Mr. Asleson suggested that the Council could establish some type of experimental district allowing curbside pickup for perhaps a period of 12 months. If this would be the Council's desire, he said it should not make a decision on where the district would be tonight, but direct staff to research this and make a recommendation. Acting Mayor Kelly asked if the Urban Affairs Committee had anything further to add on this item. Fred Metry was present and said it did not. Dan Ferrin, 832 Cortland Drive, said he is opposed to allowing curbside garbage pickup because of problems with animals getting into it and he would not want to see cans standing at the curb. Rick Knutson, 5560 West 138th Street, spoke representing Knutson Rubbish Service. He said animals will get into the garbage where ever it is kept. The intent of the re- quest is not that everyone would be required to place the garbage at the curb, but they would like to offer their customers a choice and give them a break in the rates. He also commented on the future long term problems in garbage disposal and the waste management act and shortage of landfills. He said one of the recommendations for the future will be organized garbage collection to reduce costs. Jim Thompson, of Town & Country Disposal, also commented on future problems and that garbage will be separated into glass, aluminum, etc., for recycling. He also commented on the extra cost of vehicles he uses to pick up garbage at garages and said curbside pickup will save money for his customers. David Johnson, 953 Cortland Drive, said this is the first City he has lived in where he cannot put garbage at the curb and he would like to save money and be able to have a choice on curbside pickup. Mike Theis, of Lakeville Sanitation, said there is an ordinance against dogs running loose. He also commented that a truck driving in a straight line down the street is safer than backing into driveways to pick up garbage. Councilmember Savanick commented on a survey she took of the City's licensed garbage haulers and the variation in monthly rates of the six she contacted. She said the free enterprise system will take care of keeping the rates in line. Councilmember Overgard said the ordinance is being violated now because many people are putting garbage at the curb and they should be allowed to have this choice. MOTION: of Overgard, seconded by Savanick, directing staff to research ' CURBSIDE and make a recommendation to the Council on establishing an ex- GARBAGE PICKUP perimental district for curbside garbage pickup for a period of 12 months. councilmember Branning said the people have not complained to the City about garbage collection; the garbage haulers have brought up the issue. The district system would narrow competition and take away free enterprise. Councilmember Overgard said the current ordinance is being violated now and it is not enforced. Mr. Asleson said the ordinance has not been vigorously enforced because it has not been a great problem. He also said an amendment was proposed several years ago to prohibit garbage trucks from backing into driveways, but it was never enacted. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1981 Page 3 Vote was taken on the motion. Ayes - 1 (Overgard) - Nays - 3. Mr. Asleson reviewed bids received February 25, 1981, for two fire trucks for the purpose of determining the approximate amount of equipment certificates required to finance the purchase. He said Mid-Central Fire Equipment is the apparent low bidder and if the options of an automatic transmission and stainless steel tanks are not included, but all other options are, the total will be $207,976 for the two trucks. He also said they will allow an additional $4,000 deduction if the truck chassis are paid for upon delivery, making the total $203,976. The amount budgeted for the trucks was $200,000. Mr. Asleson also said the Fire Department has not had a chance to closely review the bids yet, but it appears that Mid-Central meets the specifications; the second low bidder, Luverne Fire Equipment, does not; and the third low bidder, General Safety Equipment, does. The General;Safety bid would be about $3,000 higher. Don Romain questioned whether the $4,000 deduction for early payment on the truck chassis would offset potential interest earnings on the money. Mr. Asleson said he misspoke when he reviewed this item and the $79,000 for the chassis would be paid four months early, not nine months. George Ballenger distributed data on the proposal for equipment certificates. He explained that the items to be included had increased to an amount of $307,569 from the $275,650 originally budgeted, and the certificates are proposed to be issued for $345,000 rather than $300,000. Acting Mayor Kelly asked if these prices are firm? Mr. Ballenger said the amounts for the tractor and fire trucks are, but the other items are estimates. The largest increase is for the Police dispatch console unit because at the time the budget was prepared, $48,000 was the best estimate available and some of the requirements for it have since changed. Acting Mayor Kelly asked what would happen if the actual bids are higher than estimated? Mr. Asleson said if no additional funds can be found, it might have to be eliminated this year. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 34 authorizing the solicitation of proposals for the purchase of $345,000 of Certificates of Indebtedness with said proposals to be reviewed at 8:00 p.m. on March 26, 1981. RES. 1981-34 SOLICIT EQUIP. CERT. SALE Councilmember Savanick questioned the effect of this on the City's mill rate and said she understood it would be limited to two mills. Mr. Asleson said that was discussed if only one fire truck were purchased. MOTION: of Kelly, No Second, amending the above motion by changing the amount td $300,000 with the balance of the funds to be found from another source. The motion died for lack of a second. Councilmember Savanick asked how much this would increase the mill rate? Mr. Ballenger said in 1981 it will be 1.86; with a level debt service option it will be 2.89 in 1982, 2.67 in 1983, 2.39 in 1984 and 1.98 in 1985. The option of the payment schedule proposed in the information distributed to the Council will be 2.62 in 1982, 2.42 in 1983, 2.53 in 1984 and 2.30 in 1985. Mr. Alseson said at this time, one gross mill on a $63,000 home is approximately $13.00 per year. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County Minnesota February 26, 1981 Page 4 The Council received information on the League of Cities supported legislative pro- posal on state aid distributions for fire relief associations. Mr. Asleson said he understands the League will be changing this to a "C" priority item and there is no sentiment in the Legislature to support it. He suggested adding the words, "at the present time" to the Fire Department's proposal resolution. Jack Eberlein, Secretary of the Fire Relief Association, said the proposed legislation would add more controls over the state aid distribution which the City Council already controls by setting pension amounts. It would no affect Apple Valley now, but it could inhibit the ability of Relief Associations to request increases in pensions and he said they would like the resolution adopted as presented. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 37 opposing legislation which would alter or eliminate the ex- clusive allocation of the fire state aid now provided for in Minnesota Statutes. RES. 1981-37 FIRE RELIEF STATE AID LEG. The Council discussed the effect on pensions and Mr. Eberlein explained that by per- mitting funds to be diverted for other fire department uses, the pension fund would not be permitted to grow. Mr. Asleson said actuarial requirements determine the amount needed in the fund and only an excess could be used for other purposes, but at some point perhaps an increase in pensions might have to be delayed because there would not be enough money in the fund. MOTION: of Savanick, seconded by Branning, amending the above motion by including the words, "at the present time!'. Councilmember Savanick said this wording adds more flexibility because something may change in the future and the City may not want to be on record as opposed to any changes. John Field, of the Fire Department, commented on the steps necessary to implement an increase in pensions and the proposed legislation would prevent the relief association from taking the first step which is having the funds available. Councilmember Branning said he agrees with the amended wording because legislators look more favorably on this rather than being opposed to all changes. Vote was taken on the amendment. Ayes - 4 - Nays - 0. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. Rick Kelley commented on the grant application proposal for funds to develop a driver efficiency program and maximize vehicle efficiency for the purpose of reducing fuel consumption. The funds would be used to purchase various types of monitoring equipment and the City's matching funds would be in the form of four new police cars, administra- tion and $5,000 cash. The program would run for 18 to 24 months. The proposal will have to be reviewed by the Metropolitan Council and the Minnesota Department of Trans- portation. Mr. Asleson said a copy of the proposal has been reviewed by the Minnesota Energy Agency and, though it does not have review powers on the application, it has commented favor- ably. The request for funding is for $22,400. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 1981 Page 5 Councilmember Branning asked about the length of the International Systems, Inc., con tract. Mr. Asleson said one year is almost up and the City has paid the full $22,000. If this amount is not recovered by the City in grant funds in the first year, the City will notify ISI of this fact and it will have one more year in which to fulfill the con- tract or the fee will be refunded. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 35 authorizing submitting a letter of interest application to the Federal Highway Administration for a vehicle energy efficiency program and approving such document dated February 23, 1981. RES. 1981-35 TRANS. SYSTEM MGMT. GRANT APPLICATION Councilmember Savanick stated the City should apply for this grant because she does not believe there will be many more grants available in the future. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Kelly). The Council received information on diseased tree removal procedures and Mike Bassett said State law requires these trees to be removed within 20 days from the date they are identified. In order to meet this deadline, they are proposing to use private contrac- tors for. the removal. MOTION: of Overgard, seconded by Savanick, adopting Resolutfon No. 1981- 36 approving the specifications for contract tree removal and authorizing advertisement for bids to be received at 10:00 a.m. on March 9, 1981. Ayes - 4 - Nays - 0. RES. 1981-36 TREE REMOVAL SPECS. & BIDS Councilmember Branning said he would like the staff to initiate action on commercial zoning districts and update of Ordinance No. 162. The business zoning section of No. 162 is geared to the "New Town" concept and is outdated. He would also like the Planning Commission to consider whether commercial zoning should be extended from County Road 42 to 140th Street, what kind of commercial zoning is acceptable next to residential areas and what is acceptable next to industrial areas. Establishment of commercial zoning dis- tricts would make rezoning requests easier to process. He suggested that after the Planning Commission and staff have preliminary information, the Council and Planning Commission hold a joint meeting on it. Councilmember Overgard agreed and suggested the land use designations in the Comprehensive Plan be used to coincide with the zoning districts. MOTION: of Branning, seconded by Savanick, directing the Planning Commis- sion and staff to work on updating the commercial zoning section of Ordinance No. 162 as a priority item and requesting staff to report on this by the April 9, 1981 Council meeting. UPDATE COMML. ZONING SECTION OF ORD. 162 Rick Kelley said an update of all of Ordinance No. 162 was supposed to be done by this time but delays in the Metropolitan Council Guidelines have delayed the entire process. Vote was taken on the motion Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, to pay the.claims and bills, CLAIMS & BILLS checks numbered 18647 through 18649, 21344 through 21454 and 21464 through 21508, in the total amount of $421,448,20. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Overgard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:07 o'clock p.m.