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HomeMy WebLinkAbout06/04/1981CITY OF APPLE VALLEY Dakota County, Minnesota June 4, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 4, 1981, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly, 0vergard 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 Branning, seconded by Overgard, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Overgard, seconded by Savanick, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes ~ 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 98 awarding the contract for Project 81-3, Hamlet 2nd Utilities, to Encon Utilities, Inc., the low bidder, in the amount of $13,859.00. Ayes - 5 - Nays - 0. RES. 1981-98 AWARD PROJECT 81-3 PROJ. 80-13 CHANGE ORDER 3 PROJ. 80-15(3) CHANGE ORDER 1 ENEBAK PARK CHANGE ORDER 3 PROJ. 80-10(2) FINAL PAYMENT SUPER VALU LICENSES RESCIND LMC PAYMENT OPTION MOTION: of Overgard, seconded by Savanick, approving Change Order No. 3 to the contract with A & B Industries, Inc., for Project 80-13, Water Reservoir Painting, in the amount of an additional $700.00. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving Change Order No. 1 to the contract with A & K Construction for Proj~ect 80-15(3), Pumphouse No. 9, in the amount of a $2,000.00 deduct. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving Change Order No. 3 to the contract with Enebak Construction for Project 80-10 Phase I, Part A, Park Improvements, in the amount of an additional $2,827.40. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, accepting Project 80-10(2), Park Shelter Buildings, from Leibfried Construction and authoriz- ing final payment on the contract in the amount of $6,013.55. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving 1981 Cigarette and 3.2 Off-Sale Beer Licenses for Hauser's Family Center, Inc., d/b/a Hauser's Super Valu No. 0411 located at 7645 West 148th Street. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, rescinding the Council motion of August 14, 1980, that reads "approving option number four on the survey by the League of Minnesota Cities on financing of its building program". Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 4, 1981 Page 2 MOTION: of Overgard, seconded by Savanick, authorizing payment of $4,440 to the League of Minnesota Cities as Apple Valley's full share of the cost assessed to Apple Valley for the new League of Minnesota Cities building located in St. Paul, Minnesota. Ayes - 5 - Nays - O. LMC BUILDING PAYMENT ZOO POLICE AGREEMENT RES. 1981-99 & 1981-100 ACADEMY VILLAGE NOTES PARTTIME EMPLOYEES MAY 14, 1981 MINUTES MOTION: of Overgard, seconded by Savanick, approving renewal of the an- nual Agreement with the Minnesota Zoological Garden for Police Services effective July 1, 1981, with the hourly rate for pol- ice services set at $19.50 per hour, and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 99 for Note No. 30 on Lot 8 of Block 3 Academy Village approv- ing the details for issuance of the notes under the Academy Village Commercial Development Revenue Project. Ayes - 5 - Nays - O. MOTION: of Overgard, seconded by Savanick, approving hiring the part- time and seasonal employees as listed in the memo from Michael Bassett, dated June 1, 1981. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving the minutes of the meeting of May 14, 1981, as written. Ayes - 5 - Nays - 0. Virginia Petersen presented Certificates of Recognition from the St. Paul Chapter of the American Red Cross to Don and Carl Blumenstein, who were present, and Dan Nichol- son, who was unable to be present, for their action in helping with a boating accident rescue. Jim Friend of the Apple Valley Jaycees was present to give the City a check for $100 for trees. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 101 accepting a donation of $100.00 from the Apple Valley Jay- cees for four trees to be planted at Hayes Field in remembrance of Arbor Month. Ayes - 5 - Nays - 0. RES. 1981-101 JAYCEES DONATION L.E.S. 1981- 1982 CONTRACT MOTION: of Branning, seconded by Savanick, approving a contract with Law Enforcement Labor Services, Inc., representing the Police Officers, for the period January 1, 1981, through December 31, 1982, and authorizing the Mayor and Clerk to sign the contract. Ayes - 5 - Nays - O. Del Edwards, representing Goodwill Industries, was present to answer questions on the request to locate Goodwill drop boxes in the City. MOTION: of Branning, seconded by Kelly, approving locating up to three Goodwill Industries drop boxes in the City on the Fire Station sites. GOODWILL DROP BOXES Councilmember Savanick asked that Mrs. Edwards coordinate the box placement on the Fire Station sites with the Fire Department. CITY OF APPLE VALLEY Dakota County, Minnesota June 4, 1981 Page 3 Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Foster Dunwiddie was present to review a proposal for architectural services at Farquhar Park. Mayor Garrison noted that Phase I of the proposal would include an investigation of the existing structures' condition and said if it is apparent that the structures cannot be renovated, he would not want the architect to proceed any further with the items included in Phase I. MOTION: of Branning, seconded by Savanick, approving an agreement with Miller-Dunwiddie-Architects, Inc., in an amount not to exceed $2,500 for Phase I architect services at Farquhar Park consisting of a planning study investigating the condition of the existing structures, a work program for their renovation, estimated costs, priorities for renovation, uses for the structures and phases for carrying out the plan and authorizing the Mayor and Clerk to sign the agreement. Ayes - 5 - Nays - 0. FARQUHAR PARK PHASE I ARCHI- TECT AGREEMENT The Council reviewed the proposals for Police radio consulting services as summarized in the memo from Lloyd Rivers, dated June 1, 1981. Councilmember Kelly said even though the quotation is lower than that considered at the May 14th meeting, she still has a problem spending $7,300 for this service. MOTION: of Garrison, seconded by Branning, approving an agreement with John R. DuBois, in an amount not to exceed $7,300, to conduct a study of the City's police, fire and public works communications as describ- ed in the proposal, and authorizing the Mayor and Clerk to sign the agreement. Ayes - 4 - Nays - 1 (Kelly). POLICE RADIO CONSULTANT AGREEMENT ORDINANCE 255 ON-SALE WINE AMENDMENT MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 255 amending Section 3-90 of the City Code by removing the following language from the definition of a restaurant, "and the principal part of the business of which is the serving of food". Ayes - 5 - Nays - 0. Mr. Gerald Dixon, 6582 West 133rd Street, was present and said he was speaking for a group opposed to the change and believes liquor or wine should not be sold at establish- ments unless they also sell food. It was explained that this change in on-sale wine licensing amended the definition of a restaurant to be the same as in State law and a restaurant must be operated for an on-sale wine license to be issued. Paul Anderson was present to explain his application for an on-sale wine license at The Big Apple. He said he would be selling wine only at private parties and dances and not during rollerskating sessions. MOTION: of Overgard, seconded by Kelly, approving issuing an on-sale wine license to Paul J. Anderson, Inc., d/b/a The Big Apple, at 7700 W. 147th Street, said license expiring December 31, 1981, and approv- ing surety bond number RN4458488 for the same. Ayes - 5 - Nays - 0. THE BIG APPLE WINE LICENSE The Council received the preliminary engineering report for Project 80-18, PALOMINO DRIVE pathways along County Road 38, west of Cedar Avenue. Mayor Garrison said, PATHWAY since the pathway would be along a County road, he will contact the Dakota Board and ask the County to participate in the construction with the City. Mr. Asleson said if the County does not participate, the City has sufficient funds to construct the CITY OF APPLE VALLEY Dakota County, Minnesota June 4, 1981 Page 4 pathway under Alternate 1 of the report ($43,200). If Alternate 2 were chosen ($74,700), an assessment district could be established to cover part of the cost of construction in addition to dedication funds, Councilmember Branning said he would like to see a chart of all the mileage in the City's trail plan and how much of it the City will be asking the County to participate in constructing. He would like to see priorities set on construction also. Council- member Savanick suggested the Park Committee review the plan also. Project 80-18 will be considered further by the Council when information is received from the County on cost sharing. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1981- 102 receiving the preliminary report on Project 81-10, utility improvements for Lots 8 through 12 of Knottywoods, and setting a public hearing on it at 8:00 p.m. on July 9, 1981. Ayes - 5 - Nays - 0. RES. 1981-102 SET HEARING PROJ. 81-10 The Council received a letter from the Fire Department concerning water availability for the Williams Bros. pipeline facility on County Road 42 and requesting that a study be done on costs, etc. Mr. Asleson said a rough estimate of the cost would be $75,000. MOTION: of Overgard, seconded by Branning, tabling consideration of a water supply study until a response is received to the Fire De- partment's May 11, 1981, letter from Williams Bros. Pipeline Company. Ayes - 5 - Nays - 0. WILLIAMS BROS. WATER SUPPLY The Council received a survey of golf fees prepared by Mike Bassett, dated June 1, 1981. Councilmember Kelly said even though Lebanon Hills' fees are lower than others she would not want to consider changing fees in the middle of the season. MOTION: of Garrison, seconded by Savanick, amending the greens fees for Lebanon Hills Golf Course to be $4.00 and $7.00 for 9 and 18 holes on weekdays and weekends, effective with the opening of the clubhouse. GOLF COURSE GREENS FEES Councilmember Overgard said she believes the daily fees should not be raised because the course still needs to attract new golfers. Vote was taken on the motion. Ayes - 1 (Garrison)- Nays - 4. Motion Failed. Mayor Garrison said he had contacted Orrin Thompson for permission to use his name on the Pool & Racquet Club and he was not opposed to it. MOTION: of Garrison, seconded by Overgard, renaming the Pool & Racquet Club to Orrin Thompson Community Center and Municipal Pool. POOL & RACQUET CLUB NAME MOTION: of Savanick, seconded by Branning, substituting a motion renam- ing the Pool & Racquet Club to Apple Valley Municipal Pool and Orrin Thompson Community Center. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Motion Failed. Vote was taken on the previous motion. Ayes - 2 - Nays - 3 (Kelly, Savanick and Overgard). Motion Failed. CITY OF APPLE VALLEY Dakota County, Minnesota June 4, 1981 Page 5 The name remains unchanged. MOTION: of Garrison, seconded by Savanick, adopting Resolution No. 1981-103 requesting the Minnesota Department of Transportation to perform engineering and traffic analysis for the purpose of determining the speed limit on Garden View Drive from a point approximately 900 feet north of Walnut Lane to Palomino Drive. Ayes - 5 - Nays - 0. RES. 1981-103 GARDEN VIEW SPEED SURVEY LMC AMENDMENT STUDY COMMITTEE MOTION: of Kelly, seconded by 0vergard, supporting an amendment to the League of Minnesota Cities Constitution calling for a committee to review League dues and services every three years. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, supporting an amendment to the LMC AMENDMENT League of Minnesota Cities Constitution increasing dues and adopt-' DUES INCREASE ing new dues schedules for the period 1982 through 1985. Ayes ~ 5 - Nays - 0. The Council received information, dated June 4, 1981, from John Gretz on County Road 42 cost estimates and proposed assessment policy. Mr. Gretz said the County is scheduled to take bids on August 3, 1981 on the project. He reviewed the proposed assessment policy for this project prepared by Mr. Asleson, Mr. Sheldon and him. In the policy, the rate per front foot was determined. Industrial or commercial property would be assessed at 100 percent of the front foot rate; single family or duplex property without direct ac- cess to the road would not be assessed; single family or duplex property with direct i driveway access would be assessed at 25 percent of the front foot rate; and mixed resi- dential without direct access would be assessed at 50 percent of the front foot rate. Ail assessments would be subject to a limitation of the maximum benefit indicated by the appraisal. Councilmember Branning asked if a percentage of the benefit indicated by the appraisals could be used to determine the assessment amount? Mr. Asleson said this had been con- sidered, but they could not determine that this would treat all property equally. The basis for an assessment is that it must be uniform as to class of property. MOTION: of 0vergard, seconded by Kelly, accepting the report on County Road 42 cost estimates and proposed assessment policy for the pur- pose of proceeding with the improvement. Ayes - 5 - Nays - 0. COUNTY ROAD 42 ASSMT. REPORT RES. 1981-104 CO. RD. 42 HEARING MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 104 setting a public hearing on County Road 42 construction from Pennock to County Road 33 at 8:00 p.m. on July 9, 1981. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-105 105 setting a public hearing on storm sewer improvements associated 42 STORM SEWER with the County Road 42 construction at 8:00 P.M. on July 9, 1981. HEARING Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving a contract with CETA for the YCCIP program effective May 11, 1981, through September 30, 1981, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CETA YCCIP CONTRACT CITY OF APPLE VALLEY Dakota County, Minnesota Juno 4, 1981 Page 6 MOTION: of Overgard, seconded by Savanick, accepting the resignations of JoAnne Hollenback from the Park Committee and Joseph Mil- bauer from the Economic Development Commission. Ayes - 5 - Nays - 0. HOLLENBECK & MILBAUER RESIGNATIONS The Council received drafts of a revised zoning ordinance and subdivision ordinance. MOTION: of Overgard, seconded by Branning, setting an informal meeting with the Planning Commission to review the revised zoning and subdivision ordinance drafts at 8:00 p.m. on Thursday, July 30, 1981. Ayes - 5 - Nays - 0. SET MEETING WITH PLANNING COMMISSION HIRE PARTTIME EMPLOYEE MOTION: of Overgard, seconded by Savanick, approving hiring Jane Engel as a Building Attendant, effective June 5, 1981, at a salary of $3.30 per hour. Ayes - 5 - Nays - 0. Councilmember Overgard said the Economic Development Commission and the Apple Valley Chamber of Commerce would like to meet with the Council and discuss promotion of the City for industrial and commercial development and establish responsibilities for carry- ing out a proposal. Councilmember Savanick suggested two members from each of the groups meet and prepare a proposal first before a joint meeting is held. Councilmember Branning said he would like to consider this at budget time so the Council knows what funds might be available. Mr. Asleson said the Council can either look at the amount the City has available to spend or it can look at the proposal and determine how much should be spent on it. Mayor Garrison said this should be given a high prior- ity for the City in 1982. MOTION: of Branning, seconded by Garrison, requesting a small group com- posed of members of the Chamber of Commerce and the Economic De- velopment Commission meet and prepare a proposal for promoting the City for industrial and commercial development based on the City funding $15,000 to $25,000 of the budget for the promotion in 1982. Ayes - 5 - Nays - 0. PROPOSAL FOR CITY PROMOTION MOTION: of Overgard, seconded by Kelly, appointing Maris Jo Schutjer as APPOINT SCHUTJE~ one of Apple Valley's representatives on the Joint Paratransit PARATRANSIT Committee. Ayes - 3 - Nays - 0 (Branning and Savanick Abstained). MOTION: of Overgard, seconded by Kelly, appointing Dolores Ball as one of Apple Valley's representatives on the Joint Paratransit Com- mittee. Ayes - 2 - Nays - 0 (Garrison, Branning and Kelly Ab- stained). APPOINT BALL PARATRANSIT COUNCIL MEETING TIMES MOTION: of Kelly, seconded by Overgard, setting regular City Council meetings on the second and fourth Thursdays of each month at 8:00 p.m. and ending by 11:30 p.m. except to finish an item under discussion, any Council items and pay the claims and bills. A majority vote may extend the meeting for any other items or a special meeting may be set to complete any items on the agenda. CITY OF APPLE VALLEY Dakota County, Minnesota June 4, 1981 Page 7 MOTION: of Branning, seconded by Kelly, substituting a motion, as above, with meetings starting at 7:30 p.m. and ending by 11:00 p.m., effective July 9, 1981. Ayes - 5 - Nays - 0. Councilmember Savanick said any articles for the next issue of the "Council Table" newsletter must be submitted to her by Tuesday, June 9, 1981. MOTION: of Overgard, seconded by Branning, appointing Ellen Milos to the Park Committee. Ayes - 5 - Nays - 0. APPOINT MILOS PARK COMMITTEE CLAIMS & BILLS MOTION: of Overgard, seconded by Savanick, to pay the claims and bills, checks numbered 21615 through 21620, 22662 through 22731, 22740 through 22816, and 22826 through 22941, in the total amount of $2,427,990.99. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:54 o'clock p.m.