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HomeMy WebLinkAbout05/14/1981CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 14, 1981 at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one 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 - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA DIAMOND PATH BOND REDUCTIONS MOTION: of Branning, seconded by Overgard, removing consideration of no parking zones and hiring bike patrol cadets to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving reductions in the a- mounts of bonds as follows: Diamond Path 4th from $201,000 to $19,500; Diamond Path 6th from $99,000 to zero, from $11,500 to $5,750, and from $387,500 to $193,750; and Diamond Path 7th from $113,500 to zero, from $6,300 to $1,575 and from $108,125 to $27,000. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, granting a variance for a front- VARIANCE 103 yard setback of 20 feet at 103 Shoshoni Trail for a garage addition SHOSHONI TRAIL as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, granting a variance for a 144 sq. ft. storage building at 13242 Europa Court as recommended by the Planning Commission. Ayes - 5 - Nays - 0. VARIANCE 13242 EUROPA COURT KNOTTYWOODS UTILITIES RES. 1981-80 JOHNNY CAKE PATHWAY GRANT AGREEMENT NOUSE NUMBER TR. MERC. LIC. MOTION: of Branning, seconded by Overgard, receiving a petition for util- ity improvements for Lots 10 through 14 of Knottywoods and autho- rizing the Engineer to prepare a preliminary feasibility report on it. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 80 authorizing the Mayor and City Clerk to execute an agreement with the Minnesota Department of Transportation relating to grant funds for a pathway on the west side of Johnny Cake Ridge Road between i40th Street and the Zoo. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, granting a 1981 transient mer- chant license to House Numbers by Rands to paint house numbers on curbs. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Page 2 MOTION: of Branning, seconded by Overgard, granting a 1981 transient merchant license to Zorro's Softball Team to sell concessions at Hayes Community Center during a softball tournament on June 6 and 7, 1981. Ayes - 5 - Nays - 0. ZORROS TEAM TRAN. MER. LIC. ZORROS TEAM BEER LICENSE RES. 1981-81 AWARD LIQUOR COOLER REPAIR CONTRACT RES. 1981-82 AWARD CONTRACT PROJ. 81-7 RES. 1981-83 AWARD CONTRACT PROJ. 81-9 HIRE PARTTIME EMPLOYEES APRIL 23, 1981 MINUTES APRIL 30, 1981 MINUTES MAY 7, 1981 MINUTES MOTION: of Branning, seconded by Overgard, granting a temporary on-sale 3.2 beer license to Zorro's Softball Team at Hayes Community Center on June 6 and 7, 1981. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981-81 awarding the contract for Liquor Store No. 1 cooler repairs and equipment to Liquor Store Supply Company, the low bidder, including the optional bid for removing existing fix- tures and payment within 15 days of completion for a total of $9,366. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981-82 awarding the contract for Project 81-7, Water Mains for Deep Well 9, to Encon Utilities, the low bidder, in the amount of $50,192.00. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981-83 awarding the contract for Project 81-9, Public Works Garage Parking Lot Surfacing, to McNamara-Vivant Contracting, the low bidder, in the amount of $11,170.00. Ayes - 5 - Nays MOTION: of Branning, seconded by Overgard, approving hiring the season- al parttime employees as listed in the memo from Mike Bassett, dated May 11, 1981. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, approving the minutes of the regular meeting of April 23, 1981, as written. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving the minutes of the special meeting of April 20, 1981, as written. Ayes - 4 - Nays - 0 (Kelly Abstained). MOTION: of Branning, seconded by Savanick, approving the minutes of the special meeting of May 7, 1981, as written. Ayes - 4 - Nays - 0 (Kelly Abstained). Jane Butcher, of Human Resource Associates, Inc., was present to review the proposal for an employee assistance program as more specifically detailed in her letter, dated May 4, 1981. She said the company has had a contract with the City of Burnsville for two years, with Eagan for several months and with Brooklyn Park for two years. The company has been awarded a contract by Dakota County, through competitive bidding, to provide services using grant funds. The grant funds are for first and second year CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Page 3 contracts and provide 90 percent funding the first year and 50 percent funding the second year. Contract costs beyond the first two years would have to be paid by the City. The first year cost is $12.00 per employee and the company provides services for all City employees and their family members. MOTION: of Savanick, seconded by Kelly, approving an agreement, and autho- HUMAN RESOURCE rising the Mayor and Clerk to execute the same, with Human Resource ASSOCIATES Associates, Inc., for an Employee Assistance Program for a three- AGREEMENT year period, the cost of which will be $12.00 per employee for the first year. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:18 p.m. to consider $4,250,000 of industrial revenue bond financing for a 68,000 square foot K-Mart building and noted receipt of the affidavit of publication of the hearing notice. The building will be located south of Apple Valley Square Shopping Center, adjacent to future 153rd Street. The MAyor asked for questions or comments. There were none and the hearing was closed at 8:20 p.m. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-84 84 giving preliminary approval under the Minnesota Industrial PRELIM. APPROVAL Development Act for $4,250,000 financing for a K-Mart building, K-MART BONDS authorizing submission of an application for approval to the Com- missioner of Securities and authorizing preparation of necessary documents and materials in connection therewith. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:21 p.m. to consider $4,000,000 of industrial revenue bond financing for a 67,000 square foot addition to Apple Valley Square Shopping Center and noted receipt of the affidavit of publication of the hearing notice. Craig Minea was present and said construction of the addition will probably not begin until spring of 1982. The Mayor asked for questions or comments. There were none and the hearing was closed at 8:23 p.m. MOTION: of 0vergard, seconded by Branning, adopting Resolution No. 1981- 85 giving preliminary approval under the Minnesota Industrial Development Act for $4,000,000 financing for an addition to Apple Valley Square Shopping Center, authorizing submission of an appli- cation for approval to the Commissioner of Securities and authoriz- ing preparation of necessary documents and materials in connection therewith. Ayes - 5 - Nays ~ 0. RES. 1981-85 PRELIM. APPROVAL A.V. SQUARE BONDS Mayor Garrison called the public hearing to order at 8:24 p.m. on Project 81-4, 153rd Street construction between Pennock and Cedar, and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvement and said 153rd Street will be on the same alignment as 153rd Street proposed on the east side of Cedar Avenue in the Southport area. This intersection will be signalized in the future. Turning lanes on Cedar Avenue will be provided when Cedar Avenue is improved. Councilmember Savanick asked if parking will be allowed on 153rd Street. Mr. Gordon said the street will be 44 feet wide and provide for two driving lanes and two parking lanes. Mr. Grets said this is the same width as Pennock and 147th Street and parking can be prohibited if it becomes a problem. There being no further comments, the hearing was closed at 8:31 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Page 4 MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981-86 ordering improvement Project 81-4, 153rd Street con- struction between Pennock and Cedar. Ayes - 5 - Nays - 0. RES. 1981-86 ORDER PROJECT 81-4 RES. 1981-87 PROJ. 81-4 PLANS & SPECS MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981-87 directing the Engineer to prepare plans and specifica- tions for Project 81-4. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:32 p.m. on Project 81-5, Apple Valley East 6th Addition improvements, and noted receipt of the affidavit of publica- tion of the hearing notice. Mr. Gordon reviewed the sanitary sewer, water and street improvements proposed at a total cost of $81,400 all of which will be assessed to this subdivision. Councilmember Branning asked why the triangular shaped piece of land north of this subdivision was left unplatted? Mr. Gretz said it was left for a future connection of Dodd Road to County Road 33. There being no further questions, the hearing was closed at 8:35 p.m. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981-88 ordering improvement Project No. 81-5, Apple Valley East 6th Addition improvements. Ayes - 5 - Nays - 0. RES. 1981-88 ORDER PROJECT 81-5 RES. 1981-89 PROJ. 81-5 PLANS & SPECS MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981- 89 directing the Engineer to prepare plans and specifications for Project 81-5. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:36 p.m. on Project 81-8, Kinder- care Day Care Center improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the proposed improvements and said the pipes for sanitary sewer, storm sewer and water should be constructed to the north edge of the Kinder-Care property along the west side of Essex Avenue as recommended in Alter- nate One of the report. They can be extended from there when the property to the north develops. The estimated cost is $12,220 all of which will be assessed. There being no further comments, the hearing was closed at 8:40 p.m. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981~ 90 ordering improvement Project No. 81-8, Alternate One, Kinder-Care Learning Center utilities. Ayes - 5 - Nays - 0. RES. 1981-90 ORDER PROJ. 81-8 Mayor Garrison reviewed the proposal of Miller-Dunwiddie for architectural services related to Farquhar Park improvements. The fee would be computed on a time basis not to exceed $16,420. He asked if some of the items listed in the proposed scope of services could be done in-house to reduce the costs? Mr. Asleson said the previous contract with InterDesign included a fee of 12 percent of the project cost which would have been more and the purpose of using the consultant is to tie everything together rather than to deal with everything on a piecemeal basis. Mr. Bassett said services related to the parking lot and picnic pavillion refer to the size of the lot and placement of the pavillion instead of actual design. Mayor Garrison expressed concern that they provide information on whether the barn and the house can be renovated and that it would not be a waste of money on trying to save them. Mr. Bassett said this is one of the questions he would be asking. CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Page 5 Councilmember Overgard asked about some of the plans for the park InterDesign previously prepared. Mr. Bassett said most of those plans for the park area will be used. He also said consideration is being given to putting the restroom facilities in the barn so they would be usable in winter; and the scope of services of the proposal could probably be reduced. MOTION: of Savanick, seconded by Overgard, authorizing the expenditure of up to $1,000 to Miller-Dunwiddie for architectural services at Farquhar Park subject to consideration of a revised agreement at the June 4, 1981 Council meeting. FARQUHAR PARK ARCHITECTURAL SERVICES Councilmember Savanick asked about the requirement for an architect under the LAWCON grant? Mr. Asleson said a registered architect is required to sign the grant and sign plans for any project over $30,000. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Garrison questioned the fee for consultant services for police communication equipment. Police Chief Rivers said the proposal of Michaud, Cooley and Associates is for a fee of up to $9,000 and it could be less. Councilmember Kelly said she has a problem with some of the items being requested and would like to take bids from other consultants also. Councilmember Overgard asked if sealed bids would be required or could quotations be received? Mr. Asleson said for retaining consultants, the City does not have to take bids. It can be quotations or a consultant can simply be selected. Mayor Garrison asked if the City's needs are so unique that special services are needed to determine its radio equipment? Mr. Rivers said equipment is continually changing and it is not practical to depend on vendors to write the specifications because they would tend to favor particular equipment. He also said no one on the City staff has the expertise in the electronics field to make all the necessary evaluations. Council- member Kelly asked if a computer system can be incorporated in the system? Mr. Rivers said yes and they are looking at the P.O.S.S.E. system now. This equipment should satisfy the City's needs for the next 10 years. The fee is proposed at up to $1,500 for preparing a study of the City's present system, recommending alternatives and cost estimates of the improvements. The fee of up to $7,500 is proposed for preparing bidding specifications and technical supervision of the project. MOTION: of Kelly, seconded by Overgard, requesting price quotations for the communications study and approving the request for proposal on pages 23 through 28 of the memo from Lloyd Rivers, dated May 7, 1981. COMMUNICATIONS STUDY PRICE QUOTATIONS Mr. Asleson said the request will be sent to the three consultants listed on page 4 of Mr. Rivers' memo for consideration by the Council at its June 4, 1981 meeting. Vote was taken on the motion. Ayes - 5 - Nays - O. Consideration of the preliminary plat for Timber Woods was tabled until June 18, 1981. MOTION: of Overgard, seconded by Kelly, approving the final plat and de- velopment agreement for Beckman's 1st Addition, and authorizing the Mayor and Clerk to sign the same. BECKMAN 1ST FINAL PLAT & AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Page 6 Councilmember Savanick said she believes it is a mistake to allow lots of this size without public improvements when the City is considering changing the Comprehensive Plan to require five-acre minimum sizes. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Brannfng, seconded by Kelly, adopting Resolution No. 1981- 91 ordering the installation of street lights in the area south of County Road 42 and west of Cedar Avenue. RES. 1981-91 SOUTH A.V. STREET LIGHTS Councilmember Overgard said the Council should consider having the general fund pay the power costs if street lights are installed throughout the City. Mr. Asleson said the Council could consider this for the 1982 budget, but it will have to prioritize the items paid by the general fund already. MOTION: of Branning, seconded by Garrison, tabling discussion of the street light power costs until budget time or all the lights are installed. Ayes - 2 - Nays - 3 (Kelly, Overgard and Savanick). Councilmember Overgard said since the street lights would be a benefit to all of the City, the power costs should be paid by the general fund, but the cost of installation should be assessed to property owners. Mr. Asleson said, in assessing the installation costs, the Council has two options; it could start this procedure with the South Apple Valley area and any subsequent areas or it could determine the remaining cost in all of the areas and assess that cost also. The Council could consider this at budget time and it could all be effective January 1st. Councilmember Savanick said because this amount for each individual homeowner is so small, it is probably not worth the administrative paperwork to assess the installation costs. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Asleson said if the Council wants to consider the energy cost for the 1982 general fund budget, the estimate of $60,000 can be used. The Council received the preliminary engineering report on Project 81-2, Morningview improvements. Mr. Asleson said because this is such a large project, a contract will not be awarded until bids for the bond issue financing it have also been received. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 92 receiving a petition for improvements in the Morningview sub- division from property owners and waiving the public hearing and ordering the improvement Project No. 81-2, as requested. RES. 1981-92 ORDER PROJECT 81-2 MORNINGVIEW Councilmember Savanick expressed concern about the large amount of money required for these improvements and the City being requested to finance them by special assessments. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 93 directing the Engineer to prepare plans and specifications for Project 81-2. Ayes - 5 - Nays - 0. RES. 1981-93 PROJ. 81-2 PLANS & SPECS CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Page 7 MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-94 approving plans and specifications for Project 81-6, miscellan- eous street repairs, and authorizing advertisement for bids to be received at 2:00 p.m. on June 11, 1981. Ayes - 5 - Nays - 0. RES. 1981-94 STREET REPAIR PLANS & BIDS Councilmember Savanick said she has contacted Mr. Largen and he has agreed to the Council naming City Hall Park for him. MOTION: of Overgard, seconded by Garrison, renaming City Hall Park to Fred J. Largen Park. Ayes - 5 - Nays - 0. NAME LARGEN PARK POOL & RACQUET CLUB NAME RES 1981-95 NO PARKING ZONES MOTION: of Overgard, seconded by Garrison, renaming the Pool & Racquet Club building to Orrin Thompson Community Center and Municipal Pool. MOTION: of Kelly, seconded by Overgard, tabling the above motion until Mr. Thompson has been contacted for permission to use that name. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1981- 95 establishing no parking zones along both sides of 140th Street between Hayes Road and Guthrie Avenue and between Everest Avenue and Pilot Knob Road. Mayor Garrison asked if the School District had been contacted about this request and what are the alternatives for parking? Mr. Rivers said the School had been contacted and agreed with the request. People can use the school parking lots or adjacent residential streets. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, approving hiring Karen Schmidt HIRE BIKE and Juanita Rivers as parttime Bike Patrol Cadets at salaries of PATROL CADETS $5.00 per hour, effective June 1, 1981. MOTION: of Kelly, seconded by Overgard, amending the above motion by setting the salaries at $3.75 per hour. Mr. Rivers said the grant application for funding this program was awarded at a salary of $5.00 per hour. The total program cost is $6,970 of which $3,970 is Federal funding. The total salaries for this program are budgeted at $4,500. He also said the'positions were advertised at $5.00 per hour which was approved in the 1981 budget. The Council said they approved of the program, but do have concerns about the salary. Vote was taken on the amendment. Ayes - 2 - Nays - 3 (Garrison, Branning and Savanick). Vote was taken on the original motion. Ayes - 3 - Nays - 2 (Kelly and Overgard). The Council received an application from The Big Apple for on-sale wine license. Mr. Asleson said the City Code requires that wine licenses be issued to restaurants where CITY OF APPLE VALLEY Dakota County, Minnesota May 14, 1981 Page 8 the principal part of the business of which is the serving of food. Question number 25 on the application pertaining to this is answered no. In 1977, the State law was amended removing the "principal part" requirement but the restaurant requirement for statutory cities is still in effect. The City Code has not been amended and the Council would have to consider this before the application could be approved. The bond, also required by the City Code, has not been received yet so the application is not complete and the Council can consider it at its June 4, 1981 meeting. MOTION: of Branning, seconded by Overgard, approving an application to the State of Minnesota by The Big Apple for renewal of a permit allowing consumption and display of intoxicating liquor. Ayes - 5 - Nays - 0. BIG APPLE SET-UP PERMIT RES. 1981-96 HIGHPOINTE ADDN. COMMENTS TO ROSEMOUNT MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 96 requesting the City of Rosemount to revise the preliminary plat of Highpointe Addition to coordinate access to County Road 33 with that in Apple Valley, particularly 142nd Street, and consider the possibility of linking the cities' water systems through the subdivision. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1981- RES. 1981-97 97 urging the issuance of a Certificate of Need to Fairview SUPPORT FAIRVI~ Community Hospitals for the construction of a hospital facility HOSPITAL to be operated by Fairview Community Hospitals in Burnsville. Bruce Haskin, Director of Ridges Development, was present to ask the Council for this support. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving hiring Bruce Dahlke as a parttime tennis instructor, effective April 6, 1981, at a salary of $10.00 per hour. Ayes - 5 - Nays - 0. HIRE DAHLKE TENNIS INSTR. Mayor Garrison said he has received a letter of resignation from Florence Hughes from the Economic Development Commission and a letter of appreciation will be sent to her. Mayor Garrison said when golf course fees were discussed previously this year, a com- parison of 1981 fees for other courses was not available. He asked that a comparison of golf course fees for 1981 be prepared for consideration at the June 8, 1981 meeting. MOTION: of 0vergard, seconded by Kelly, to pay the claims and bills, checks numbered 21610 through 21614, 22382 through 22434, 22444 through 22516 and 22526 through 22652, in the total amount of $1,327,200.18. CLAIMS & BILLS Councilmember Kelly said there have been parking problems at Apple Valley Senior High School. The area behind the Arena is a fire lane and vehicles cannot be parked there; only loading and unloading is permitted and everyone should be advised of this. MOTION: of Kelly, seconded by Savanick, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:45 o'clock p.m.