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HomeMy WebLinkAbout03/26/1981CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 26, 1981, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning (attended at 9:20 p.m.), Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison 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 Kelly, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA CONSENT AGENDA CHANGE ORDER 1 PROJ. 80-17 VARIANCE 172 SPRUCE DR. VARIANCE 165 LINDEN DR. RES. 1981-45 HAMLET II IMPROVEMENT HEARING RES. 1981-46 NORDIC 4TH IMPR. HEARING RES. 1981-47 PETTY CASH CUSTODIAN 2M PRODUCTS TRANS. MERC. LICENSE MOTION: of Overgard, seconded by Kelly, removing the Williams Bros. build- ing permit to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Kelly, approving Change Order No. 1 to the contract with B-Tu-Mix Construction for Project 80-17, Bike- way on Johnny Cake Ridge Road, in the amount of $7,956~96. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by Kelly, granting setback variances to 7 feet on the sideyard and 26.5 feet on the frontyard for a house and garage addition at 172 Spruce Drive as recommended by the Plan- ning Commission. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by Kelly, granting a variance for a frontyard setback of 24 feet 10 inches and authorizing building 5 feet onto the sideyard drainage easement for a house and garage addition at 165 Linden Drive as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, receiving the preliminary engineer- ing report and adopting Resolution No. 1981-45 setting a public hearing at 8:00 p.m. on April 23, 1981 for improvements in Hamlet II, Project 81-3. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, receiving the preliminary engi- neering report and adopting Resolution No. 1981-46 setting a public hearing at 8:15 p.m. on April 23, 1981 for improvements in Nordic Woods 4th Addition, Project 80-?. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by-Kelly, adopting Resolution No. 1981-47 ap- pointing Kathryn Eliason as the custodian of the City Hall Petty Cash Fund. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving a 1981 transient merchant license for 2M Products Company to sell solar control shades and other window treatments, Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1981 Page 2 MOTION: of Overgard, seconded by Kelly, approving a 1981 transient met- SERVICEMASTER chant license for Servicemaster of Apple Valley to sell home TRANS.MERC. LIC care services. Ayes - 4 ~ Nays - O. MOTION: of Overgard, seconded by Kelly, approving hiring Gary Wachter for the position of Parkkeeper I effective April 1, 1981, at the salary established for this position in the 1981 Personnel Plan. Ayes - 4 - Nays - 0. HIRE WACHTER PARKKEEPER I PARKKEEPER PROMOTIONS HIRE PARTTIME EMPLOYEES CARNATION CAB LICENSE MOTION: of Overgard, seconded by Kelly, approving the promotions of Robert Becka from Parkkeeper II to Parkkeeper III and Richard Wiggins from Parkkeeper I to Parkkeeper II effective April 1, 1981. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving hiring the parrtime and seasonal employees as listed in the memo from Michael Bas- sett dated March 23, 1981. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving a 1981 taxicab licen- se for one vehicle for Carnation Carriage Service. Ayes - 4 - Nays - O. END OF CONSENT AGENDA ITEMS Mr. Asleson opened the bids received for $345,000 general obligation certificates of indebtedness of the City and read the net interest rate bid as follows: Piper, Jaffrey & Hopwood, 8.1424 percent; Juran & Moody, Inc., 8.04141 percent; First Bank of Minne- apolis, 8.1483 percent; and Banco Northwest, 8.2998 percent. Steve Mattson and George Ballenger then proceeded to review the bid calculations. MOTION: of Savanick, seconded by Overgard, approving the minutes of the MARCH 12, 1981 meeting of March 12, 1981, as corrected. Ayes - 4 - Nays - O. MINUTES Rick Kelley said Mr. Broback is requesting a reduction or elimination of the financial guarantee required for special assessments, in subdivision agreements, for Apple Valley East 6th Addition. Mr. Asleson said he would request that this part of Mr. Broback's request be tabled until April 9, 1981, for staff to formulate a recommendation. John Voss said the other part of Mr. Broback's request, for Apple Valley East 6th Addition, is the elimination of the requirement that two-car garages be constructed with every unit. This requirement was placed on all of the Apple V~lley East sub- divisions, but City ordinance only requires that houses be situated on lots such that a two-car garage can be constructed. Mr. Voss said economic conditions are also a consideration in this request. John Broback was present and said he is requesting elimination of the two-car garage requirement because it is not required in other subdivisions in the City and also because of economics. He also said he does not intend to start building houses without garages, but would like that ability so he could compete if other builders were to start doing so. MOTION: of Overgard, seconded by Savanick, removing the paragraph in APPLE VALLEY the subdivision agreement for Apple Valley East 6th Addition re- EAST 6TH quiring the construction of two-car garages and tabling consid- AGREEMENT eration of the balance of the agreement until April 9, 1981. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County Minnesota Mmrch 26, 1981 Page 3 MOTION: of Overgard, seconded by Kelly, authorizing the Engineer to pre- pare a preliminary report on the feasibility of improvements in Apple Valley East 6th Addition. Ayes - 4 - Nays - 0. A.V. EAST 6TH PRELIM. REPORT RES. 1981-48 AWARD SALE OF $435,000 CERT. MOTION: of Overgard, seconded by Garrison, adopting Resolution No. 1981- 48 awarding the sale of $345,000 Certificates of Indebtedness to Juran & Moody, Inc., the low bidder, at a net interest rate of 8.04141 percent and prescribing the form and details df the sale. Ayes - 4 - Nays~- 0. Mayor Garrison commented on the bids received February 25, 1981, for two fire trucks and said he appreciated receiving bids from five bidders. Mr. McClennan, of General Safety Equipment, was present to answer any questions on his company's bid. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-40 RES. 1981~49 awarding a contract for the purchase of two fire trucks to General PURCHASE 2 Safety Equipment Corporation, found to be the lowest responsible FIRE TRUCKS bidder, with options of undercoating, strobe lights and early pay- ment discount, for a gross amount of $193,784.00. Ayes - 4 - Nays - 0. Mike Bassett commented on some of the preliminary site work underway at Lebanon Hills Golf Course fomthe clubhouse and introduced Lauren Nelson, a construction trades in- structor at Dakota County Vo-Tech. Mr. Nelson showed slides of the progress of the clubhouse construction from its beginning to the present. The exterior of the first building is nearly completed and they are putting rafters on the second building. Mr. Bassett said, after bids for the clubhouse kitchen equipment have been received, they will prepare detailed cost information on the entire clubhouse project for the Council to review. This will be at the April 23, 1981 Council meeting, MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981-50 approving plans and specifications for clubhouse kitchen equipment and authorizing advertisement for bids to be received at 2:00 P.M. on April 14, 1981. Ayes - 4 - Nays - 0. RES. 1981-50 KITCHEN EQUIP. BID ADVERTSMT. Mr. Asleson distributed a letter from Jim Sheldon, dated March 25, 1981, stating that he has reviewed the proposed noise ordinance and approves it as to legality and form. Mr. Sheldon commented that the City of Bloomington's noise ordinance has been reviewed and its enforcement included the establishment of a compliance center. Depending on the violation, the compliance center provides for taking care of recurring problems by allowing for repairs. Lt. Bruce Erickson, of the Police Department, was present and said MnDOT has noise moni- toring equipment for vehicle noise available for municipalities to use and an application has been submitted for this equipment. This is different equipment than the City has. He said four police officers will be sent for training in the use of MnDOT's equipment. Councilmember Savanick questioned the proposed appointment of the Building Official as the noise control officer in the ordinance. Mr. Asleson said this provision should remain as proposed. The Building Official would administer the program, but the Police Department would do any ticketing. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1981 Page 4 Councilmember Overgard questioned the provision permitting 90 days in which to act on variance requests. Mr. Asleson said 90 days is the maximum time and the intent would be to act on variance requests more quickly, but it would allow adequate time to check into all circumstances of the variance request. MOTION: of Savanick, seconded by Overgard, passing Ordinance No. re- lating to noise and providing for the elimination and preven~ tion of prohibited noise. (Councilmember Branning attended at this time.) NOISE ORDINANCE Mayor Garrison said if this ordinance is enacted, he would not recommend placing signs advising of the ordinance, as recommended by the Urban Affairs Committee, because there are already quite a few signs on major roads coming into the City. Councilmember Branning asked if the City is prepared to fully enforce the ordinance if passed? Lt. Erickson said the time involved is unknown now. There will not be a com- pliance center, as in Bloomington, because of the extra cost. He said the vehicle noise monitoring equipment would be used on an "as time permits" basis as radar is, and that would be workable. A resident of the Apple Valley East area said he believes this ordinance is premature for the City because there are still many rural-type areas here. He said any farm tractors would probably be in violation. The Council discussed occasions where this ordinance might apply. Lt. Erickson said most circumstances are covered by other laws and ordinances, such as vehicles with loud mufflers which are issued equipment violation tags, dogs barking at night, etc. Mr. Asleson reviewed the nuisance section of the City Code. Lt. Erickson said most situations are covered here, but he agreed with the Urban Affairs Committee's concern that there is a problem controlling noise during the daytime. MOTION: of Savanick, seconded by Overgard, tabling consideration of the noise ordinance until April 9, 1981. Ayes - 5 - Nays - 0. TABLE NOISE ORDINANCE RES. 1981-51 INTERDESIGN CONTRACT AMT. WMS. BROS. BLDG. PERMITS RES. 1981-52 PERSONNEL PLAN COUNCIL MEETINGS MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 51 approving the final contract amount of InterDesign, Inc., pursuant to the May 22, 1979 contract, to be $53,417.00, autho- rizing payment of $3,193.00 at this time and withholding the final $1,000.00 payment until completion of the work. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving building permits for two mechanical buildings at Williams Brothers Pipline, · north of County Road 42, as recommended by the Planning Commis- sion. Ayes - 5 - Nays ~ O. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1981- 52 approving the 1981 Personnel Plan Booklet which includes all salaries as approved January 8, 1981. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, cancelling the regular City Council meetings of May 28, June 11 and June 25, 1981; and set- ting the meetings in lieu of those at 8:00 p.m. on June 4 and June 18, 1981. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 1981 Page 5 Councilmember Branning said he would not be able to attend the meeting on June 4, 1981. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Branning). MOTION: of Overgard, seconded by Kelly, authorizing up to four Planning PLANNING CONF. Commission members to attend the two-day Minnesota Planning Asso- ATTENDANCE 'ciation Conference in Mankato April 9 and 10, 1981, and pay the registrations and necessary expenses. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Garrison, adopting Resolution No. 1981- 53 awarding a contract for 1981 tree removals to Douglas Horne, d/b/a Horne Tree Service, as determined to be in the best inter- ests of the City, at a charge of $5.95 per diameter inch. Ayes -'5 - Nays - 0. RES. 1981-53 TREE REMOVAL CONTRACT CLAIMS AND BILLS MOTION: of Overgard, seconded by Branning, to pay the claims and bills, checks numbered 18650 through 18660, 21792 through 21881, and 21890 through 21978, in the total amount of $2,709,522.62. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:10 o'clock p.m.