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HomeMy WebLinkAbout07/09/1981CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 9, 1981, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Kelly, Overgard, Branning and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 7:30 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of 0vergard, seconded by Savanick, 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, approving hiring Karl Hollen- beck for the position of parttime Animal Warden, effective July 10, 1981, at a salary of $3.75 per hour. Ayes - 5 - Nays - 0. HIRE ANIMAL WARDEN HIRE PARTTIME EMPLOYEES FIRE RELIEF BEER LICENSE ZOO POLICE CONTRACT SETTLEMENT PROJ. 81-6 CHANGE ORDER PROJ. 80-2(2) CHANGE ORDER & FINAL PAYMENT CHIROPR. CLINIC BLDG. PERMIT MOTION: of Overgard, seconded by Savanick, approving hiring the parttime employees as listed in the memo from Mike Bassett, dated July 2, 1981. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving a temporary on-sale 3.2 beer license for the Apple Valley Fire Relief Association on September 26, 1981, at 15000 Hayes Road. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving Supplement No. 1 to Contract No. 77-000-05453-01 with the Minnesota Zoological Garden for Police Services and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving Change Order No. 1 to the contract with McNamara-Vivant Contracting for Project 81-6, 1981 street maintenance, in the amount of an additional $6,400.00. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving Change Order No. 2 to the contract with McNamara-Vivant Contracting for Project 80-2(2), Apple Valley East 5th and Kerry Addition Streets, in the amount of an additional $1,460.50; and accepting the contract as final and authorizing final payment in the amount of $3,177.15. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving a building permit for a chiropractic clinic on the east 110 feet of Lot 2 of Block 1 of Apple Valley Commercial Addition as recommended by the Planning Com- mission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Page 2 MOTION: of Overgard, seconded by Savanick, approving supplementary agreements related to FHA financing for Diamond Path 5th and 9th Additions and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. DIAMOND PATH 5TH & 9TH AGREEMENTS TIMBERWICK 6TH PRELIM. REPORT CARROLLWOOD 5TH BLDG. PERMITS GREENLEAF ST. LIGHT AGREEMENT LIQ. STORE 1 COOLER REPAIR FINAL PAYMENT JUNE 17, 1981 MINUTES MOTION: of Overgard, seconded by Savanick, authorizing the Engineer to prepare a preliminary feasibility report on public improvements for Timberwick 6th Addition. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving seven building permits for fourplexes on Lots 13, 14, 15, 16, 29, 30, 31, 32, 33, 34, 35 and 36 of Block 1 of Carrollwood Village 5th Addi-~ tion as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Overgard, seconded by Savanick, approving an Agreement with Dakota Electric Association for the residential street light system in Greenleaf 2nd, 3rd and 4th Additions and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, accepting the cooler repairs at Liquor Store No. 1 as complete and authorizing final payment to Liquor Store Supply Company in the amount of $9,366.00. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, approving the minutes of the Board of Review Meeting of June 17, 1981, as corrected. Ayes - 3 - Nays - 0 (Branning and Kelly Abstained). MOTION: of Overgard, seconded by Kelly, approving the minutes of the regular meeting of June 18, 1981, as written. Ayes - 4 - Nays ~ 0 (Branning Abstained). JUNE 18, 1981 MINUTES MOTION: of Overgard, seconded by Branning, approving the minutes of the Board of Review Meeting of June 25, 1981, as written. Ayes - 3 - Nays - 0 (Garrison and Kelly Abstained). JUNE 25, 1981 MINUTES JUNE 30, 1981 MINUTES NORDIC WOODS 4TH PLAT & AGREEMENT MOTION: of Overgard, seconded by Branning, approving the minutes of the special meeting of June 30, 1981, as written. Ayes - 4 - Nays - 0 (Kelly Abstained). MOTION: of Overgard, seconded by Kelly, approving the final plat and development agreement for Nordic Woods 4th Addition and autho- rizing the Mayor and Clerk to sign the same. Councilmember Savanick objected to the agreement because it does not require a letter of credit guaranteeing payment for the improvements. Mayor Garrison said the agree- ment was prepared in compliance with the Council's policy not to require such guaran- tee (Resolution No. 1981-72). Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Page 3 Mayor Garrison reopened the public hearing on public improvements for Nordic Woods 4th Addition continued from April 23, 1981. He asked for any questions or comments from the Council, staff and public. Andrew Volstad, representing Nordic Properties, pre- sented a letter, dated July 9, 1981, requesting installation of the improvements. There being no further comments, the hearing was closed at 7:50 o'clock p.m. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1981-114 ordering Improvement Project 80-7, Nordic Woods 4th Addition. Ayes - 4 - Nays - 0 (Savanick). RES. 1981-114 ORDER PROJECT 80-7 RES. 1981-115 PROJ. 80-7 PLANS & SPECS MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-115 directing the Engineer to prepare plans and specifications for Project 80-7, Nordic Woods 4th improvements. Ayes - 4 - Nays - 1 (Savanick). The Council received information on the Dakota County Comprehensive Plan in a letter, dated June 24, 1981, from Jeffrey Connell, containing comments on the plan as well as County responses. MOTION: of Kelly, seconded by Overgard, appointing John Gretz to serve as the City's representative on the County's Transportation Policy Advisory Group. TRANS. POLICY ADV. APPOINTMENT Councilmember Savanick asked that she also be appointed because she is a member of the Metropolitan Council's Transportation Advisory Board. MOTION: of Branning, seconded by Savanick, amending the above motion by including the appointment of Councilmember Savanick to the Group. Councilmember Kelly said the request for an appointee was for a staff member and she would like more information on whether an elected official should also be appointed. Councilmember Savanick said she had contacted the County and was advised she could be appointed. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving the preliminary plat PRELIM. PLAT of Apple Valley Square 4th Addition (Outlot E, Apple Valley Square) A.V. SQ. 4TH as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving a conditional use permit for auto accessory bays and a garden center for the K-Mart Store in Apple Valley Square 4th Addition as recommended by the Planning Commission. Ayes - 5 - Nays - O. K-MART COND'L USE PERMIT K-MART BLDG. PERMIT MOTION: of Overgard, seconded by Savanick, approving a building permit, subject to construction plans being submitted, for the K-Mart Store in Apple Valley Square 4th Addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Page 4 Mayor Garrison called the public hearing to order at 8:08 p.m. to consider utility im- provements for Lots 8 to 12 of Knottywoods, Project 81-10; and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvements consisting of sanitary sewer laterals and sewer and water stubs for the five lots. The estimated cost is $27,579. The Mayor then asked for questions and comments from the public. (See details of questions and answers attached.) Mr. Asleson said, because the estimated cost is so high, the Council could receive bids on the project so the actual costs will be known before the property owners make a de- cision on whether they want the improvements. There being no further questions or comments, the hearing was closed at 8:45 p.m. MOTION: of 0vergard, seconded by Kelly, adopting Resolution No. 1981- 116 directing the Engineer to prepare plans and specifications for utility improvements for Lots 9 to 12 of Knottywoods, Pro- ject 81-10. Ayes - 5 - Nays - 0. RES. 1981-116 PLANS & SPECS PROJ. 81-10 Mayor Garrison called the public hearing to order at 8:50 p.m. to consider County Road 42 improvements from Pennock to County Road 33, Project 80-14, and related utility improvements, Project 80-1; and noted receipt of the affidavit of publication of the hearing notice. Mr. Alseson said the purpose of this hearing is to consider the con- struction and revised cost estimates. After the Council orders the projects, the County will be taking bids on August 3, 1981. After August 3, the City can hold the assess- ment hearing. The total estimated cost is $4,440,318. The City's share of the total cost is $1,159,062 and of this cost $668,549 is proposed to be assessed. The Mayor then asked for questions and comments from the public. (See details of ques- tions and answers attached.) After everyone present had been given an opportunity to comment, the hearing was closed at 9:25 p.m. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- RES. 1981-117 117 ordering Projects 80-1 and 80-14, improvements to County ORDER COUNTY Road 42 from Pennock to County Road 33 and associated utilities, ROAD 42 IMPR. to be constructed on a joint basis with Dakota County. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-118 118 authorizing the City Attorney to proceed with condemnation, CO. RD. 42 if necessary, to acquire storm sewer easements for County Road STORM SEWER 42 between Pennock and County Road 33. Ayes - 5 - Nays - 0. EASEMENTS The Council received a memo from John Gretz, dated June 22, 1981, with a map attached, describing the detours to be used during various stages of the County Road 42 con- struction. Larry Figgens and Pete Sorenson, of the Dakota County Highway Department, were also present to answer questions. Councilmember Savanick said she is concerned with using 140th Street as a detour because it does not have pathway or sidewalk all along it. Councilmember Branning asked staff to prepare a cost estimate for installing a pathway all along one side of 140th Street between Everest Avenue and County Road 11. Mr. Asleson said he will be preparing an accounting of M.S.A. funds for the Council to review at this next meeting and the pathway estimate can be included. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Page 5 Potential problems at the intersection of 140th Street and Cedar Avenue were discussed, as well as Palomino Drive and Cedar Avenue, and temporary signalization was also dis- cussed. Mr. Sorenson said temporary signals are Yery expensive and cost about $50,000 to install. Councilmember Savanick questioned whether signage should be changed at some intersections during the detour, such as Hayes and 145th Street. Mr. Asleson said an analysis of the signage at each intersection would be prepared for the next meeting. Councilmember Savanick also asked that striping or other provisions for pedestrians be considered with the cost estimates for pathways and an estimated cost of a pathway along one side of 147th Street between Galaxie and Cedar be included for the next meeting. Mayor Garrison asked if a traffic signal at Galaxie and County Road 42 could be included in the Agreement with Dakota County for signals on County Road 42. Mr. Sorenson said that signal is not included in this project, but underground conduit is being installed for it. He is in the process of prioritizing this intersection along with 21 other in- tersections in the County. MOTION: of Kelly, seconded by Savanick, approving Traffic Control Signal CO. RD. 42 Agreement No. 81-02 with Dakota County for signals on County Road SIGNAL 42 at the intersections of Pennock, Cedar and Pilot Knob and au- AGREEMENT thorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Garrison, approving agreements extending temporary sand and gravel zoning with McNamara-Vivant Contracting, Northwestern Gravel and Kraemer Gravel until Juhe 1, 1984. Ayes - 5 - Nays - 0. GRAVEL AGREEMENT EXTENSIONS Councilmember Branning expressed concern about renegotiating these agreements if a new ordinance is passed before they expire. Mr. Sheldon said these are three operations with which there have been no problems and when there is a new ordinance they would be renegotiated. MOTION: of Savanick, seconded by Kelly, to reconsider the motion extending three gravel agreements. Ayes - 4 - Nays - 1 (Overgard). MOTION: of Branning, seconded by Savanick, approving agreements extending temporary sand and gravel zoning with McNamara-Vivant Contracting, Northwestern Gravel and Kraemer Gravel until June 1, 1984, or one year following adoption by Apple Valley of a new sand and gravel ordinance whichever occurs sooner. Ayes - 4 - Nays - 1 (Overgard). GRAVEL AGREEMENT EXTENSIONS Mr. Asleson reviewed the golf course clubhouse construction cost estimates and the actual expenditures to date which total $115,756. The original budget was set at $100,000. He discussed some of the increases which included the building itself, Budgeted at $35,000 but costing $4~,625. The Vo-Tech plan did not include the mechanical system or the stair- way because this work is in the basement. Not all of the finishing work was done by Vo- Tech because of a late start on the actual construction and these items have added to the cost. The fixtures and furniture were estimated at $25,000 and actually cost $37,030. Mr. Asleson said $116,000 is basically committed to the clubhouse, but without extra items it cannot be completed. He estimated it could be completed by adding $3,000 for CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Page 6 additional site development, $20,000 for the parking lot, $4,000 for central air con- ditioning and $7,000 contingency for a total budget of $150,000. He said if the Council decided to approve the additional funds, the money could be transferred from the water fund or, if there is money left at the end of 1981, the general fund. MOTION: of Branning, seconded by Savaniek, authorizing the transfer of $50,000 from the Water Fund to the General Fund for use on Lebanon Hills Golf Course Clubhouse with the total budget for it not to exceed $150,000. GOLF COURSE CLUBHOUSE FUNDING Councilmember Overgard asked if the additional funds were approved, when would the clubhouse be able to open? Mr. Asleson said possibly by September 1st. Mayor Gar- rison said he will vote against the motion as a protest because of the way the entire golf course project has been proceeded with on a piecemeal basis. Councilmember Kelly questioned whether $50,000 would be enough to complete it. Councilmember Branning said he was not part of the original decision to spend $100,000 on the clubhouse and if the rest of the Council will not support it, he cannot either. Mr. Asleson said the Council could authorize individual items on a meeting by meeting basis instead, with the total not to exceed $150,000. Councilmember Savanick suggested the individual items be discussed with the liaison as they need to be approved. MOTION: of Kelly, seconded by Overgard, calling for a vote on the mo- tion. Ayes - 5 - Nays - 0. Vote was taken on the motion. Ayes - 2 (Overgard and Savanick) - Nays - 1 (Kelly) - Abstensions - 2 (Branning and Garrison). MOTION: of Overgard, seconded by Savanick, placing the clubhouse pro- ject under the responsibility of the City Administrator, Mr. Asleson, and directing him to give regular verbal progress re- ports at Council meetings. Ayes - 3 - Nays - 1 (Branning) - Abstention - 1 (Kelly). GOLF COURSE CLUBHOUSE RESPONSIBILITY EXTEND MEETING MOTION: of Overgard, seconded by Savanick, suspending the adjournment rule and extending the meeting until the agenda items are com- pleted. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981-RES. 1981-119 119 approving plans and specifications for Project 81-5(2), PROJ. 81-5(2) Apple Valley East 6th Streets, and authorizing advertisement PLANS & BIDS for bids to be received at 2:00 p.m. on August 6, 1981. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- RES. 1981-120 120 approving plans and specifications for Project 80-18, Johnny PROJ. 80-18 Cake-140th Pathways, Palomino Drive Pathway and Pathways in PLANS & BIDS Various Parks, and authorizing advertisement for bids to be re- ceived at 2:00 p.m. on August 6, 1981. Ayes - 5 - Nays - 0. The Council received the resignation of Robert Garber from the Economic Development Commission and requested the Mayor to send a letter of appreciation to him for his time. Councilmember Overgard asked the newspapers to publish a notice of three vacancies now on the Economic Development Commission and asking interested persons to apply. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Page 7 MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- RES. 1981-121 121 reappointing Rollin Bible and William Holton to the Cable TV CABLE TV APPT. Commission for terms expiring August 1, 1984. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Garrison, approving an annual salary rate of $31,464 for the City Finance Director, George Ballenger, effec- tive May 30, 1981. BALLENGER SALARY INCREASE Councilmember Kelly said she feels the 10 percent increase is justified for Mr. Ballenger, but she is opposed to it because of limited City revenue and would agree with a 7 or 8 percent increase. Vote was taken on the motion. Ayes - 4 - Nays- 1 (Kelly). MOTION: of Branning, seconded by Savanick, approving an annual salary rate ASLESON of $41,500 for the City Administrator, Richard Asleson, effective SALARY INCREASE July 1, 1981, for six months, and an annual salary rate of $44,000 effective January 1, 1982, and approving a Memorandum of Agreement with these figures and authorizing the Mayor and Deputy Clerk to sign it. Councilmember Kelly said this would be approximately a 23 percent increase and is un- reasonable for anyone at this time. Councilmember Branning said this would bring Mr. Asleson's salary in line with the Metro Area mean salary for his position and provide a merit increase, regardless of any percentage increase. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). MOTION: of Overgard, seconded by Kelly, authorizing extending business hours at both liquor stores until 10:00 p.m. on Fridays on an experimental basis subject to review by the Liquor Manager as to how long it should continue. Ayes - 5 - Nays - O. EXTEND LIQUOR STORE HOURS MOTION: of Overgard, seconded by Kelly, authorizing the Mayor to contact OPPOSE ALL the City's legislators requesting them to oppose proposed Federal SAVER CERTIFICAT] legislation for "All Saver Certificates" which would be tax ex- empt and compete with municipal bonds. Ayes - 5 - Nays - 0. John Gretz reported on County Board c0~sideration of sharing the cost of the Palomino Drive pathway. At the County Board meeting on July 7, he suggested shifting the path shown on the County Trail Plan along future County Road 38 to Palomino Drive. The Board asked for a report from its staff before considering it further. Councilmember Overgard said she had been contacted by a resident suggesting the City utilize a drop box at Apple Valley Square for receiving payments, but she has since found out that such a box costs about $30 a month to rent. Mr. Ballenger said in addi- tion to the monthly rent, a City employee would be required to pick up payments daily from the box and there is a drop box at the front door of City Hall. No action was taken on this matter. The Council received a notice that the League of Minnesota Cities will be holding a levy limit seminar on July 30, 1981. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Page 8 Councilmember Kelly said she would like the 4th of July Committee to consider renting Satellite toilet facilities for next year's celebration. Councilmember Kelly said the fencing around the helicopter ride on July 5, 1981 was not in place when the rides began and this should be enforced better if it is con- sidered for next year. The Council requested the Mayor to send a letter of appreciation to the 4th of July Committee for its work on the celebration. MOTION: of Kelly, seconded by Branning, to pay the claims and bills, checks numbered 21622 through 21625, 23168 through 23173, 23175 through 23238, 23248 through 23308 and 23318 through 23406, in the total amount of $660,704.64; including a check to Wilton Anderson in the amount of $1,667.13 for a sewer backup claim. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION : of Branning, seconded by Kelly, to adjourn. Ayes - 5 - Nays The meeting was adjourned at 12:07 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Details of Questions and Andswers from Public Hearing on Project 81-10. Debbie Gillen, the owner of Lot 8, said her property does not have a problem with the septic system and asked not to be included in the project because of the cost. Mr. Asleson said since Lot 8 is at the end of the project, it would not have to be included. Dan Biedler, the owner of Lot 10, said he initiated the petition for the improvements because he is having septic system problems. He has checked the cost and believes it is not much more than installing a new private septic system and asked the improvements be made. Joe Gavin, the owner of Lot 9, asked about the assessments now levied against his pro- perty. Mayor Garrison said those were sewer and water trunk assessments. Mr. Gordon said approximately $1,000 of the estimated cost per lot is for sodding. If. the homeowners wanted to do this themselves, that would reduce the cost. Don Amundson, the owner of Lot ll, said he is in favor of the sewer and asked how deep the line will be? Mr. Gordon said it will be about 10 feet deep unless the homeowners would request it deeper for a particular reason. Mayor Garrison asked Mr. Gavin if he wanted the improvements? be proposed to spread the assessments over a 15-year period. have to consider it some more. Mrs. Barnes, owner of Lot 12, was not present and Mrs. Biedler said she did not know if they would be in favor of it because of the cost. Mr. Asleson said, in order to install the improvements for Lots 10 and ll, Lot 12 would also have to agree to the project. Lots 8 and 9 could be excluded from the project if the property owners de- sired. Mrs. Gillen said she definitely does not want to be included. Mr. Gavin said he would like more information on the costs before making a decision. Mr. Asleson said if the project proceeded, it would be proposed to levy the assessments this fall and the first installment would be payable with the 1982 tax statements. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1981 Detail of Questions and Answers from Public Hearing on County Road 42. Mr. Asleson said the City still needs some additional right of-way for storm sewer and from discussions with some of the property owners at a meeting on July 8, 1981, it appears this will be able to be negotiated. He also asked that the Council author- ize the City Attorney to proceed with condemnation in case this would not be possible so construction would not be delayed. Art Fischer said he would like the land use designations, for assessment purposes, on his property changed from commercial and multiple residential to agriculture and single family residential. Mr. Asleson said the designations are based on the highest and best use of the property and not what the use is today. Mr. Fischer said the assess- ments on the property could force him to sell it for development. Mayor Garrison said because his property is covered under Green Acres laws, the assessments can be deferred until it is developed. Mr. Gretz said the designation on Mr. Fischer's property is mixed residential which is proposed to be assessed at a 50 percent rate. Mr. Sheldon said when property is condemned and acquired by a government agency, it is also appraised and the value based on its highest and best use. The property owner is then paid for the property on that basis. Councilmember Branning noted that only $668,549 of the City's total cost of $1,159,062 is being assessed to abutting property owners. Mr. Fischer also said his driveway access, after the improvements are made, will not allow for direct turns toward the west; he will have to go east before turning west. Mr. Asleson said this was also discussed last night and he will be discussing moving the curb cut by Amco Fence Company's entrance to line up with Art Fischer's driveway. There are pipelines hurried at the Amco Fence entrance which would prohibit construc- tion of a future road at that location. Mr. Asleson read a letter, dated July 9, 1981, from D.W. Investment protesting the category in which that property has been placed for assessment purposes.