Loading...
HomeMy WebLinkAbout08/13/1981CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 13, 1981, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly (attended at 8:19 p.m.), Overgard and Savanick (attended at 7:32 p.m.): 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 Overgard, seconded by Branning, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA (Councilmember Savanick attended at this time.) MOTION: of Overgard, seconded by Branning, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, approving hiring Georgia Hudson as a pool attendant/lifeguard, effective August 17, 1981, at $3.10 per hour and Marie Smith as a lifeguard/instructor II, effective July 25, 1981, at $4.00 per hour. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEES PROMOTE LIQUOR HEAD CLERK HIRE PARTTIME LIQ. EMPLOYEES RES. 1981-132 PROJ. 81-2 PUBLIC HEARING RES. 1981-133 PROJ. 81-2 PLANS & SPECS MORNINGVIEW FINAL PLAT & AGREEMENT DIAMOND PATH 10TH PLAT & AGREEMENT & BLDG. PERMITS MOTION: of Overgard, seconded by Branning, approving promoting Thomas Griffiths to the position of parttime head clerk at Liquor Store No. 2, effective August 15, 1981, at $4.70 per hour. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving hiring Starla Swan- son and Steven Underdahl as parttime Liquor sales clerks, effec- tive August 17, 1981, at $3.50 per hour. Ayes - 4 - Nays - 0. MOTION: of 0vergard, seconded by Branning, adopting Resolution No. 1981- 132 setting a public hearing on Project No. 81-2, Morningview im- provements, at 8:00 p.m. on September 10, 1981. Ayes - 4 - Nays-0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 133 directing the City Engineer to prepare plans and specifica- tions for Project 81-2. Ayes - 4 - Nays - 0. MOTION: of 0vergard, seconded by Branning, approving the final plat and development agreement for the Morningview subdivision and author- izing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving the final plat and development agreement for Diamond Path 10th Addition and author- izing the Mayor and Clerk to sign the same and approving building permits for 24 townhouse units as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Page 2 MOTION: of Overgard, seconded by Branning, granting a variance for a ACCESSORY BLDG. 15-foot high accessory building on Lot 5 of Block 15 of Green- VARIANCE leaf 4th Addition as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, granting a variance for a 187 square foot accessory building on Lot 72 of Block 1 of Greenleaf 11th Addition, as recommended by the Planning Com- mission. Ayes - 4 - Nays - O. ACCESSORY BLDG. VARIANCE SETBACK VARIANCi ACADEMY VILLAGE BLDG. PERMITS ACADEMY VILLAGE MOTION: of Overgard, seconded by Branning, granting a variance for a setback of 21.8 feet on the street side and 18.8 feet on the rear side of Lot 7 of Block 3 of Academy Village for a four- plex as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving building permits for fourplexes on Lots 3 and 6 of Block 2 and Lot 7 of Block 3 of Academy Village as recommended by the Planning Commission. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by Branning, approving a revised Agreement FARMINGTON with the City of Farmington, effective September 1,. 1981, for DISPATCH dispatching services at a fee of $300 per month and $3.50 per SERVICE hour for all hours in excess of 128 per week and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 134 dividing special assessments in Hamlet 2nd, K & G 1st, Dia- mond Path 9th and Apple Valley East 6th Additions and the Seed Property in Section 26. Ayes - 4 - Nays - 0. RES. 1981-134 ASSESSMENT DIVISIONS RES. 1981-135 SNOW REMOVAL & ROAD MATERIAL BID RES. 1981-136 DETOUR PARKING RES. 1981-137 A.V. EAST 6TH STREET CONTRACT PROJ. 81-6 STREET MNTC. CHANGE ORDER MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 135 approving specifications.for contractual snow removal and grading and certain road materials for 1981-82 and authorizing advertisement for bids to be received at 2:00 p.m. on September 10, 1981. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 136 imposing parking restrictions on streets to be used for C.S.A.H. 42 detour routes. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 137 awarding a contract for Project 81-5(2), Apple Valley East 6th Addition Streets, to Cannon Valley Construction Co., the low bidder, in the amount of $26,265.00. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving Change Order No. 1, revised, to the contract with McNamara-Vivant Contracting for Project 81-6, 1981 Street Maintenance, in the amount of an ad- ditional $5,158.75. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Page 3 MOTION: of Overgard, seconded by Branning, approving Change Order No. 2 to the contract with McNamara-Vivant Contracting for Project 79- 9(2), Hunterts Woods Streets, in the amount of an additional $3,236.70. Ayes - 4 - Nays - 0. PROJ. 79-9(2) HUNTERS WOOD CHANGE ORDER MOTION: of Overgard, seconded by Branning, authorizing final payment mn the amount of $1,000 to InterDesign, Inc. for park development work pursuant to Resolution No. 1981-51. Ayes - 4 - Nays - 0. FINAL PAYMENT INTERDESIGN PARK CONTRACT MOTION: of Overgard, seconded by Branning, authorizing final payment in the amount of $4,945.24 to Enebak Construction Company for Pro- ject 81-10, Phase I, Part A, Park improvements. Ayes - 4 - Nays-0. FINAL PAYMENT ENEBAK PARK CONTRACT FINAL PAYMENT BITUMINOUS PARKjCONTRACT FINAL PAYMENT PROJ. 81-6 FINAL PAYMENT PROJ. 81-3 FINAL PAYMBNT PROJ. 81-7 JULY 23, 1981 MINUTES MOTION: of Overgard, seconded by Branning, authorizing final payment mn the amount of $6,224.00 to Bituminous Roadways, Inc., for Project 80-10, Phase I, Part B, Park improvments. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, authorizing final payment mn the amount of $49,097.85 to McNamara-Vivant Contracting for Pro- ject 81-6, 1981 Street Maintenance. Ayes - 4- Nays - O. MOTION: of Overgard, seconded By Branning, authorizing final payment in the amount of $957.75 to Encon Utilities, Inc., for Project 81-3, Hamlet 2nd Utilities. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, authorizing final payment mn the amount of $7,428.15 to Encon Utilities, Inc., for Project 81- 7, 140th Street Water Extensions for Well 9. Ayes - 4 - Nays - O. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, approving the minutes of the meeting of July 23, 1981, as written. Ayes - 3 - Nays - 0 (Savanick Abstained). The Council received information, dated August 13, 1981, for a proposed $1,140,000 General Obligation Temporary Improvement bond sale. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 138 setting the sale of $1,140,000 General Obligation Temporary Improvement Bonds of 1981 at 7:30 p.m. on September 24, 1981, at: City Hall. Ayes - 4 - Nays - 0. RES. 1981-138 SET BOND SALE The Council received a petition from residents in the area of 131st Street and Herald Circle concerning a ponding area in the neighborhood, dated June 17, 1981. The Council also redeived a letter from the City Engineer, dated July 20, 1981, concerning the pond. One of the requests in the petition was to consider filling the pond and using it as a park area. Mayor Garrison commented that the Park Committee had reviewed it and the area does not meet the criteria for a neighborhood park; also the City does not own the property, but has a ponding easement on it. CITY OF APPLE VALLEY Dakota County~ Minnesota August 13, 1981 Page 4 Bill Velin, 8253 - 131st Street, said the City did some grading around the pond last year, but a drop off was left and there are many dead trees and debris around it now. Mr. Asleson said the City could touch up the grading and clear up the debris, but sodding might not be practical because it would have to be maintained and the pond is on private property. Mayor Garrison suggested some dormant seeding could be done this fall. Councilmember Savanick said the City needs a policy on all of these types of ponds be- fore action is taken. Councilmember Branning agreed. Councilmember Overgard said the property next to the road should be corrected by the City because construction of the road caused part of the problem. Mr. Velin asked if the City has responsibility to maintain easement areas? The water ponding during a period when the outlet was plugged caused the trees to die and the water has not reached that level since. Mr. Asleson said storm water ponding areas are normally larger than the actual area needed to pond water and maintenance of the actual pond area could be considered routine maintenance of the actual pond area could be considered routine maintenance for the City. John Gretz said the City crew could attempt to clean up the area and the Council could again review it. MOTION: of Garrison, seconded by Overgard, authorizing appropriate im- provements to be made to the ponding area at 131st Street and Herald Circle. 131ST & HERALD PONDING AREA Councilmember Branning said action on this would be premature until the City has developed a policy on all ponds and the impact of the costs is known. MOTION: of Savanick, seconded by Branning, tabling consideration of the ponding area until August 27, 1981. Ayes - 2 - Nays - 2 (Garrison and Overgard). Motion Failed. Mayor Garrison asked for the City Attorney's opinion on this matter. Mr. Sheldon said the City has the ability to maintain its easement areas. If it is appropriate that part of an area needs to be cleaned up, it can be done by direction to Staff and does not require formal Council action and can be considered a routine maintenance function. Mr. Gretz said he could partially alleviate the problem using City crews and report back to the Council on what additional work might be needed and the cost. Vote was taken on the motion. Ayes - 2 - Nays - 2 (Branning and Savanick). Motion Failed. (Councilmember Kelly attended at this time.) Representative Carolyn Rodriguez was present and introduced a member of the Spanish Parliament and his interpreter who are on a 30-day tour of the United States. He had been in Minnesota for several days and was present to observe the meeting tonight. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 139 ordering installation of a residential street lighting sys- tem in the Scott Highlands and Greenleaf Townhouse areas, be- tween Cedar and Galaxie Avenue and between 138th and 146th Streets. RES. 1981-139 ORDER SCOTT HIGHLANDS ST. LIGHTS CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Page 5 Councilmember Kelly asked for information on a proposed rate increase. Mr. Gretz said Dakota Electric had advised him that a rate increase had been approved. The cost per street light had increased from $4.75 per month to $4.80 per month, but no projections on future increases could be predicted. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). Councilmember 8avanick asked for clarification on the ponding problem motion. Mr. Sheldon said this kind of work would not normally require action by the Council, but since a motion had been made and it failed, City Staff could not do further work on the problem. MOTION: of Savanick, seconded by Kelly, to reconsider the motion on the ponding area at 131st Street and Herald Circle. Ayes - 5 - Nays RECONSIDER PONDING ACTION MOTION: of Garrison, seconded by Overgard, authorizing appropriate improve- ments to be made to the ponding area at 131st Street and Herald Circle. MOTION: of Savanick, seconded by Branning, amending the above motion by also requesting Staff to report at the August 27, 1981, meeting on other ponds in the City which might also need such action. Ron Hughes, 12995 Findlay Way, said two years ago he had requested that dead trees be removed from a pond next to his house and it has not been done yet. Councilmember Branning said he does not believe it should be the City's policy to main- tain easements, but the property owner's responsibility; just as property owner's maintain boulevard areas of streets. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-140 140 requesting entitlement funds of $5,578 and Resolution No. 1981- & 1981-141 141 requesting discretionary grant funds of $7,024 from the Metro- COMPREHENSIVE politan Council for the City's Comprehensive Plan and authorizing PLAN FUNDING the Mayor and Clerk to sign such amendments to the Agreement for funds. Ayes - 5 - Nays ~ 0. MOTION: of Overgard, seconded by Kelly, approving the 1981 Shade Tree Pro- gram Agreement with the State of Minnesota for reimbursement of $31,071.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. STATE SHADE TREE AGREEMENT Consideration of appointments to the Cable TV Commission and Economic Development Com- mission was tabled until August 27, 1981. MOTION: of Overgard, seconded by Branning, passing Ordinance No. 257 a- mending the City Code relating to consumption and display of in- toxicating liquor by providing for permits and annual fees to the City of $100 for private clubs and $300 for public places. Ayes - 5 - Nays - 0. ORDINANCE 257 LIQUOR CONSLrMP. & DISPLAY PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Page 6 MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 142 approving the proposed 1981 special assessment rolls, num- bered 174 through 179, and setting a public hearing on said assessments at 7:30 p.m. on September 10, 1981. Ayes - 5 - Nays - 0. RES. 1981-142 1981 ASSESSMENT ROLL HEARING John Voss was present and reviewed various alignment proposals for 1-35E in downtown St. Paul. Alternates "A" or "A1'' in the Draft Environmental Impact Statement are the only alternatives which provide for freeway along the "Pleasant Avenue" route. Alternate "K" would be part freeway and part parkway with an indirect connection to I-35E North. A or A1 would be Federally funded on a 90/10 basis. K would only be Federally funded on the freeway portion. He also noted that there is present state legislation against the freeway in downtown St. Paul which would have to be rescinded for A or A1 to be approved. A public hearing on the Draft Environmental Impact State- ment will be held at Highland Park Jr. High on September 9, 1981. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981-RES. 1981-143 143 supporting the development of I-35E as a freeway from T.H. 1-35E ST. PAUL #110 to 1-94 (Alternative "A" or "A1'' in the Draft Environment- ROUTE al Impact Statement). Ayes - 5 - Nays ~ 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981- 144 receiving the preliminary engineering report on Project 81- 14, Deep Well No. 10; authorizing the Engineer to prepare plans and specifications; and authorizing Staff to commence negotia- tions to acquire the necessary property. Ayes - 5 - Nays - 0. RES. 1981-144 PROJECT 81-14 PLANS & SPECS MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- RES. 1981-145 145 approving plans and specifications for Project 80-7(2), PROJ. 80-7(2) Nordic Woods 4th Addition Streets, and authorizing advertise- BID ADV. ment for bids to be received at 2:00 p.m. on September 10, 1981. Ayes - 4 - Nays - 1 (Savanick). The Council received a report from the Police Department showing the number of acci- dents at the intersection of Palomino Drive and Cedar Avenue in 1980 and 1981, through June. Staff will continue to work with the Dakota County Highway Department on a temporary signal for this intersection until Cedar Avenue is widened. The Council received a report, dated August 12, 1981, from Mr. Asleson on the bids re- ceived for the C.S.A.H. 42 improvements. The total project bid was $3,757,002 of which the City's share is $986,227. The Council reviewed a proposal to change the location of a stop sign at Westview Elementary School on Garden View Drive as requested by Councilmember Savanick. Harold Bergquist, representing School District 196, was present and said the change would be acceptable to the School District. Councilmember Branning said he is opposed to changing the stop sign because it has been there for 17 years and it works. He then read a petition from residents on Garden View Drive requesting a speed limit reduction to 25 m.p.h, and gave it to Mr. Asleson for future consideration. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Page 7 MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 146 authorizing moving the stop sign on Garden View Drive at the south driveway entrance to Westview Elementary School to the north driveway entrance which, with the installation of a stop sign on School property at the north driveway entrance, will create a four- way stop at Walnut Lane. RES. 1981-146 WESTVIEW STOP SIGN LOCATIONS Councilmember Savanick asked Mr. Bergquist to have the School District install the stop sign on the driveway and he agreed to do so. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Branning) MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 147 awarding the contract for Project 80-18, Palomino Drive Path- way, Various Other Pathways and Park Asphalt Work, to Cannon Val- ley Construction Company, the low bidder, in the amount of $106,535.00. Ayes - 5 - Nays ~ 0. RES. 1981-147 AWARD CONTRACT PROJ. 80-18 The Council received a report, dated August 5, 1981, from John Gretz on the golf course clubhouse. Councilmember Overgard commended Mr. Gretz for his work on the project. MOTION: of Overgard, seconded by Savanick, authorizing the expenditure of up to $194,656.00 as the total budget to complete the clubhouse at Lebanon Hills Golf Course. GOLF CLUBHOUSE BUDGET INCREASE Couneilmember Branning asked whether this budget would includethe total obligation to the Vo-Tech? Mr. Aslesdn said yes. Councilmember Kelly stated that she is ashamed to have had anything to do with this project. Ron Hughes asked what the original estimate for the building was from the Vo-Tech. Mayor Garrison said the agreement with Vo-Tech was $35,000 for materials and the total budget was $100,000. On July 9, 1981, the budget was increased to $150,000. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). Councilmember Savanick suggested an open house for the public be planned when the club- house opens. Councilmember 0vergard commented that before the clubhouse opens, an operation and programming plan needs to be prepared. MOTION: of Overgard, seconded by Savaniek, adopting Resolution No. 1981- RES. 1981-148 148 awarding the contract for Prlject 81-13, Golf Course Driveway AWARD CONTRACT and Parking Lots, to Hardrives, Inc., the low bidder, in the amount PROJ. 81-13 of $28,540.00. Councilmember Overgard said this contract does not include pathways around the clubhouse. If the west parking lost were eliminated, those funds could be used for the pathways. The Council discussed increasing the budget to complete the entire project. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). MOTION: of Branning, seconded by Savanick, to reconsider the motion on the RECONSIDER GOLF golf course clubhouse budget. Ayes - 4 - Nays - 1 (Kelly). COURSE BUDGET CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Page 7 MOTION: of Overgard, seconded by Savanick, authorizing the expenditure of up to $194,656.00 as the total budget to complete the club- house at Lebanon Hills Golf Course. MOTION: of Branning, seconded by Savanick amending the above motion by changing the amount to $200,000.00. Ayes - 4 - Nays - 1 (Kelly). Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Kelly). MOTION: of Branning, seconded by Overgard, authorizing construction of GOLF COURSE pathways at Lebanon Hills Golf Course connecting the clubhouse PATHWAYS to the tees number 1 and 10. Ayes - 4 - Nays ~ 1 (Kelly). In considering the 1982 budget review sessions, Councilmember Overgard asked that each department furnish a list of services for the Council to consider along with the budget document. Mayor Garrison asked the department heads to be ready to comment at the meeting September 17, 1981, on where reductions can be made if necessary. Council- member Branning also asked the department heads to specify unusual items or new items in the budget which would contribute to proposed increases. The Council received the 1982 budget calendar for information. The Council received the resignation of Michael Bassett as Park & Recreation Director, effective after August 14, 1981, and thanked him for his contribution to the City's recreation programs and park system. MOTION: of Savanick, seconded by Overgard, approving a salary increase for John Gretz to $36,180, on an annual basis, effective August 1, 1981. GRETZ sALARY INCREASE Ron Hughes asked why the Council is giving extensive salary increases to the men working for the City and the women are only receiving two percent increases? Mr. Asleson responded that employees in the Schedule I category received 10 percent in- creases January 1st and are eligible for 2½ percent increases on their anniversary dates, Schedule II employees are only eligible for increases on their anniversary dates. Councilmember Overgard said she believes all Schedule II salary dates should be changed and reviewed on January 1st. Councilmember Branning said he disagrees and believes more individual attention can be given when reviews are done on anniver- sary dates rather than being combined at January 1st. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). MOTION: of Savanick, seconded by Overgard, approving hiring Shelly Fichter as a parttime Liquor Sales Clerk, effective August 17, 1981, at a starting salary of $3.50 per hour. Ayes - 5 - Nays - 0. HIRE PARTTIME LIQUOR EMPLOYEE Mayor Garrison read a letter, dated August 13, 1981, from the Mayor of Burnsville en- couraging residents to attend a public hearing September 8, 1981 on a hospital facility in Burnsville. The letter is being sent to Burnsville churches and civic organizations. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 1981 Page 9 MOTION: of Savanick, seconded by Overgard, authorizing the Mayor to send a letter to Apple Valley churches and civic organizations en- couraging their members to attend the Metropolitan Health Board public hearing on a hospital facility in Burnsville. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Branning, to pay the claims and bills, checks numbered 21632 through 21641, 23760 through 23840, 23850 through 23936 and 23946 through 24052, in the total amount of $4,595,605.96. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:33 o'clock p.m. BURNSVILLE HOSPITAL PUBLIC HEARING CLAIMS & BILLS