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HomeMy WebLinkAbout07/23/1981CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 23, 1981, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly (attended at 8:20 p.m.), and Overgard; Clerk Asleson. ABSENT: Councilmember Savanick. Mayor Garrison called the meeting to order at 7:35 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. A moment of silence was observed in memory of Carol Alexander, Chairperson of the Board of School District 196, who died on July 21, 1981. MOTION: of Overgard, seconded by Branning, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - O. APPROVE AGENDA CONSENT AGENDA MOTION: of Branning, seconded by Overgard, adding a resolution on the 208 Water Quality Plan and amendments to the Personnel Code and the 1981 Personnel Plan to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-122 122 commenting on the May, 1981 draft of the 208 Water Quality 208 WATER Management Development Guide/Policy Plan of the Metropolitan Coun- QUALITY PLAN cil relating to adequate wastewater treatment capacity for the COMMENTS Empire Plant. Ayes - 3 - Nays - O. MOTION: of Branning, seconded by Overgard, approving Change Order No. 2 to the contract with McNamara-Vivant Contracting for Project 81- 6, 1981 Street Maintenance and Repairs, in the amount of an addi- tional $1,659.00. Ayes - 3 - Nays - 0. CHANGE ORDER 2 PROJ. 81-6 STREET MNTC. MOTION: of Branning, seconded by Overgard, authorizing the City Attorney CEDAR AVENUE to proceed with right-of-way acquisition for Cedar Avenue improve--RIGHT-OF-WAY ments between Upper 139th Street and Whitney Drive, including con- ACQUISITION demnation if necessary. Ayes - 3 - Nays - O. MOTION: of Branning, seconded by Overgard, directing the Engineer to pre- pare a preliminary feasibility report for construction of Deep Well No. 10. Ayes - 3 - Nays - 0. PRELIMINARY REPO~ DEEP WELL 10 BRIARCREST FIRST PLAT & AGREEMENT MOTION: of Branning, seconded by Overgard, approving the final plat and Development Agreement for Briarcrest FirstAdditionandauthorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - O. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-123 123 adopting the Apple Valley Comprehensive Guide Plan, as amended,ADOPT C~MP. PLAN as the official plan of the City. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-124 124 awarding the contract for Project 81-5(1), Apple Valley East AWARD CONTRACT 6th Addition Utilities, to Thomas Montgomery Construction, the low PROJ. 81-5(1) bidder, in the amount of $40,844.00. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1981 Page 2 MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 130 awarding the contract for Project 81-4, 153rd Street im- provements between Pennock and Cedar, to McNamara-Vivant Con- tracting, the low bidder, in the amount of $79,635.00. Ayes - 3 - Nays - 0. RES. 1981-130 AWARD CONTRACT PROJ. 81-4 FINAL PAYMENT PROJ. 80-17 TRANSIENT MERCHANT LICENSES ORDINANCE 256 LEGAL HOLIDAYS RES. 1981-125 SERGEANT SALARY HIRE PARTTIME EMPLOYEES HIRE PARRTIME LIQUOR SALES CLERK JULY 9, 1981 MINUTES T.N.T. SANITA- TION LICENSE MOTION: of Branning, seconded by Overgard, accepting Project 81-17, Johnny Cake Ridge Road Pathway, as complete from B-Tu-Mix Con- struction, and authorizing final payment in the amount"df $3,859.55. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving transient merchant licenses for Halvorsen Paint & Wallpaper for a popcorn wagon on July 24 and 25, 1981; for Kirby Company of Burnsville to sell door to door in 1981; and for Steve Shones Trucking to sell produce in 1981. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, passing Ordinance No. 256 a- mending the Personnel Code by providing for 11 legal holidays and amending certain language in conformance with the police union contract. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 125 amending the 1981 Personnel Plan, adopted by Resolution No. 1981-52, related to Police Sergeant salaries. Ayes - 3 - Nays MOTION: of Branning, seconded by Overgard, approving hiring Nancy So- domka as Program Supervisor, a CETA funded position, with an additional salary of $.85 per hour, effective July 13, 1981; Carol Lofsness as Lifeguard/Instructor II at $4.00 per hour and Rayanne Garriott as Lifeguard/Instructor I at $3.25 per hour, effective July 11, 1981. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving hiring Kevin Dos- tert as a parttime Liquor Sales Clerk at $3.50 per hour, ef- fective July 27, 1981. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, approving the minutes of the meeting of July 9, 1981, as written. Ayes - 3 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving a 1981 refuse col-' lection license for Thomas Tatro, d/b/a'T.N.T. Sanitation, sub- ject to the truck used being totally enclosed. Ayes - 3 - Nays -- Oo Mr. Jake O'Toole, of the Dakota County Assessor's Office, was present to request tax abatements on property. MOTION: of Branning, seconded by Overgard, approving tax abatements on parcel number 01-31001-010-07 for 1978, 1979 and 1980, as re- commended by the Dakota County Assessor. Ayes - 3 - Nays - O. TAX ABATEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1981 Page 3 The Council received a letter, dated July 15, 1981, from Dakota County requesting comments on the proposed redistricting plan which shows precincts 3 and 5 of Apple Valley in District 3 and the remainder of the City in District 4. Councilmember Branning said he would like to have all of Apple Valley within one district. Council- member Overgard agreed but said she recognizes that with the limitation on equalizing population, it might not be possible. Councilmember Branning also said if the City must be split, he would prefer a more equal split rather than just two precincts. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 126 requesting that the redistricting plan for Dakota County show Apple Valley entirely within one commissioner district. RES. 1981-126 REDISTRICTING PLAN COMFIENTS Mayor Garrison said he is not as concerned with the City being split into different dis- tricts as he is with the plan providing for population growth in the next decade which he does not believe this does. Vote was taken on the motion. Ayes - 2 - Nays - 1 (Garrison). Mayor Garrison called the public hearing to order at 7:58 p.m. to consider a request for increasing the amount of commercial revenue financing to $5,300,000 for Southview Acres Health Care Center, Inc., and noted receipt of the affidavit of publication of the hearing notice. The amount of $4,500,000 had previously been approved by Resolution No. 1980-106. Howard Knutson, representing Southview, was present and said the increase is requested because delays in receiving HUD approvals have resulted in cost increases. They are now ready to proceed with the nursing home. They are still planning to build the apartments proposed, but they will be a separate project. The Mayor asked for questions or comments from the audience; there being none, the hearing was closed at 8:04 p.m. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 127 confirming the preliminary approval of Southview Acres Health Care Center, Inc., commercial revenue financing set out in Resolu- tion No. 1980-106 and increasing the bond issue amount to $5,300,000. Ayes - 3 - Nays - 0. RES. 1981-127 SOUTHVIEW ACRES BOND INCREASE Senator Knutson commented briefly on the State redistricting and said there is no plan yet. He also said a joint House-Senate Commission will be appointed to study the Metropolitan Council as a result of recently passed legislation. Mayor Garrison called the public hearing continued from April 30, 1981 to order at 8:10 p.m. to consider residential street lighting in the Scott Highlands area. Ques- tionaires with the revised costs of lighting at $5.94 per quarter for single family homes and $2.38 per quarter for townhouses were mailed to all property owners. Approximately 500 questionnaires were mailed. Of those, 226 were returned and 123 Were in favor of the lights and 103 were opposed. The Mayor asked for questions or comments from the audience; there being none, the hearing was closed at 8:13 p.m. Because four votes are required to approve the lighting project, consideration of it was tabled until August 13, 1981. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1981 Page 4 MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 131 accepting the complete settlement offer of Jaxon Corporation by reducing the revised assessment in Roll No. 170, for Carroll- wood Village 4th Addition, by $12,000 from $253,259.50 to $241,259.50. RES. 1981-131 ASSMT. 170 SETTLEMENT Councilmember Branning asked if this settlement would set a precedent? Mr. Asleson said the reasons for the high costs in this project were more than cost overruns. There was a change in the scope of the project over which the property owner had no control, as explained in his memo, dated July 21, 1981. He said he would recom- mend settlement because of the unique circumstances. (Councilmember Kelly attended at this time.) Vote was taken on the motion. Ayes - 3 - Nays - 0 (Kelly Abstained). The Council received a report, dated July 21, 1981, on road construction funding from 1974 through 1980. Mr. Asleson said if all the estimates in the report are correct, the City will have a road construction cash balance of $206,202 as of December 31, 1981. When the bids for County Road 42 are received on August 3, 1981, he will have better figures. The Council received a letter, dated July 13, 1981, from Roger Grothe and Frank Kleckner concerning the Cedar Avenue-County Road intersection. The Council agreed it is con- cerned about the intersection and Mayor Garrison asked that the Police Department prepare an updated report on accidents there. John Gretz said the County Board re- ceived the same letter at its meeting on July 21, 1981 and referred it to the High- way Engineer for a report at its next meeting. The Council asked for a report at its August 13, 1981 meeting. The Council received a report, dated July 13, 1981, from John Gretz on signage for the C.S.A.H. 42 construction detour. He said the current detour appears to be working well and he will have further reports on parking and possible striping on some of the City streets used for the detour as the need arises. The Council recieved a report, dated July 14, 1981, from John Gretz containing cost estimates for pathway segments along streets to be used as detours during C.S.A.H. 42 construction. Mr. Gretz said since the County Board has considered the City's request to exchange con- struction of a pathway along Palomino Drive for the pathway shown on the County Trail Plan along future County Road 38, additional thought has been given to this. It has been suggested that the future County Road 38 pathway be exchanged for a path along 140th Street, between County Road 11 and Johnny Cake Ridge Road,.in 1982. The City would construct the pathway along Palomino Drive in 1981. Mr. Asleson said the next County Board meeting is August 4th and this could be considered then. MOTION: of Overgard, seconded by Branning, directing Staff to proceed with a request that the County Board consider an amendment to the County Trail Plan by exchanging the pathway shown along future County Road 38 for a pathway along 140th Street between County Road 11 and Johnny Cake Ridge Road. Ayes - 4 - Nays - 0. REQUEST COUNTY PATHWAY CONST. Mr. Jay Tether was present to comment on enforcement of the City's weed ordinance. Mr. Tether said he complied with the notice he received and cut the weeds on his property, but he believes the City should enforce its ordinance for all property in the City. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1981 Page 5 Mayor Garrison said the Council does not necessarily agree with selective enforcement, but because the City is still partly a rural area, this ordinance is only enforced on a complaint basis. Blanket enforcement would not be practical at this time. Mr. Tether said at this time he is registering a complaint on all lots in the City with weeds over 12 inches tall and would like to have the ordinance enforced. Jim Sheldon said enforcement of this ordinance is similar to police traffic control. Not every person who exceeds the speed limit is ticketed, only those whom they see; and some areas are patrolled more than others because complaints have been received. Councilmember Kelly asked whether the vacant lot next to Mr. Tether's had a weed pro- blem? Mr. Gretz said yes and that property owner was also contacted and has cut the weeds. She asked who owns the lots along Cedar Avenue where homes have been removed for the road widening? Mr. Gretz said the State of Minnesota. She said the State should be requested to cut those weeds also. The Council agreed to continue the present enforcement procedure as outlined in Mr. Gretz's memo, dated July 15, 1981. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 128 approving plans and specifications for Project 80-2(1), Nordic Woods 4th and Lots 9 through 12 of Knottywoods Utilities, and authorizing advertisement for bids to be received at 2:00 p.m. on August 20, 1981. Ayes - 4 - Nays - 0. RES. 1981-128 PROJ. 80-7(1) PLANS & BIDS The Council received a financial report on the Park Bond Issue Construction Program. Approximately $68,000 is uncommitted and all of the items proposed in the bond imsue have been done or are being completed in 1981. The Council received a report, dated July 22, 1981, from Mr. Asleson on the golf course clubhouse financial information including the adjustments considered at the July 9, 1981 meeting. Mr. Asleson distributed golf course parking lot cost estimates, dated July 13, 1981, prepared by the City Engineer. Mr. Alseson said he would request that the Engineer prepare plans and take bids on this work in three parts. Mayor Garrison asked if this included a pathway from the parking lot to the building? Mr. Asleson said it does not because more consideration needs to be given to the location for such a pathway and, depending on what the low bid is, it can be added to the project as a change order. Councilmember Overgard asked what kind of starting system will be used when the new clubhouse opens? Mr. Bassett said that has not been definitely decided, but some type of loudspeaker system may be necessary. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 129 directing the Engineer to prepare plans for the golf course parking lot and road in three parts as follows: (1) paving the entrance road with a 24-foot mat; (2) surfacing the west parking lot; (3) A. Installing a gravel base in the east parking lot and B.Surfacing the east parking lot, to be called Project 81-13 and authorizing advertisement for bids to be received at 2:00 p.m. on August 11, 1981. Ayes - 3 - Nays - 1 (Kelly). RES. 1981-129 PLANS & BIDS GOLF COURSE PARKING & ROAD PROJ. 81-13 CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1981 Page 6 MOTION: of Branning, seconded by Garrison, approving promoting Stephen DOHMEN LIQUOR Dohmen to the fulltime position of Head Clerk at Liquor Store HEAD CLERK No. 1, effective July 25, 1981, at a salary of $969.00 per month. Ayes - 4 - Nays - 0. The Council received the resignation of Robert Novak from the Cable TV Commission and asked the Mayor to send a letter of appreciation for his time to him. MOTION: of Garrison, seconded by Overgard, to pay the claims and bills, checks numbered 21626 through 21631, 23416 through 23499, 23504 through 23513 and 23522 through 23651, in the total amount of $5,116,325.13. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Kelly, seconded by Overgard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:22 o'clock p.m.