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HomeMy WebLinkAbout08/27/1981CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 27, 1981, at 7:30 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 7:30 P.M. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Overgard, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, removing the Ridges Hospital item to the regular agenda and approving all remaining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA TRANS. MERCHANT LICENSE RES. 1981-149 AMBULANCE SUBSIDY INCREASE HIRE PARTTIME EMPLOYEES TIMBERWICK 6TH PLAT & AGREEMENT RES. 1981-150 PROJECT 81-12 PUBLIC HEARING RELEASE DIAMOND PATH 7TH BONDS SOUTHPORT PRELIM. REPORT CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving a 1981 transient mer- chant license for B & B Davis Promotions to sell dry cleaning dis- count ticket books door-to-door. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 149 approving a revised subsidy to Divine Redeemer Ambulance Ser- vice, effective August 1, 1981, of $1.88 per person or $3,401.23 per month. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving hiring Judith Ann Kerr as a Building Attendant at $3.30 per hour and Eric Hutchinson as a Puppeteer at $3.75 per hour, effective August 28, 1981. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving the final plat and Development Agreement for Timberwick 6th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 150 receiving the preliminary engineering report on Project 81- 12, Timberwick 6th Improvements, and setting a public hearing on it at 7:30 p.m. on September 24, 1981. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving the release of bonds numbered SPF&M #400 FM 7721 and SPF&M #400 FR 9973 guaranteeing installation of developer-installed improvements in Diamond Path 7th Addition. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, authorizing the Engineer to prepare a preliminary feasibility report for public improvements in the Southport and Southport East planned development districts. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1981 Page 2 MOTION: of Branning, seconded by Overgard, accepting as final the con- tract with A & B Industries for Project 80-13, Palomino Water Reservoir Painting, and approving final payment in the amount of $6,894.72. Ayes - 5 - Nays - 0. PROJ. 80-13 FINAL PAYMENT PONDING AREA REPORT INDUSTRIAL PRO- MOTION EXP. MOTION: of Branning, seconded by Overgard, authorizing an extension of time for the preparation of a report on maintenance of storm water ponding areas in the City. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, authorizing the expenditure of up to $2,500 for the Industrial Promotion Day on September 10, 1981, hosted by the Economic Development Commission. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, approving the minutes of the AUG. 13, 1981 meeting of Autust 13, 1981, as written. Ayes - 5 - Nays - 0. MINUTES Mayor Garrison called the continuation of the public hearing to order at 7:33 P.M. to consider a residential street lighting system in the Palomino Hills area and Farquar Hills. The hearing was continued from April 30, 1981. The Council reviewed a report from John Gretz, dated August 5, 1981, containing revised cost estimates for the lighting of $4.78 per quarter, per home, for ten years. Mr. Gretz said the revised lighting plan includes 27 overhead lights in Lebanon Hills and Palomino Hills 1st and 2nd Additions; 23 decorative lights in Palomino Hills 3rd, 4th and 5th Additions and 15 decorative lights in Farquar Hills Addition. A questionnaire was sent to all re- sidents of these areas and 105 were in favor of the lights and 122 were opposed to the lights of those who replied. Mayor Garrison asked for questions and comments from the public. (See details of questions attached.) After everyone present had been given an opportunity to comment, the Mayor declared the hearing closed at 7:56 P.M. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- RES. 1981-151 151 ordering the installation of street lights in Lebanon Hills ORDER STREET 1st Addition, Palomino Hills 1st, 2nd, 3rd, 4th and 5th Additions LIGHTS and replatted areas, and Farquar Hills Addition. Ed Brunkhorst, of Dakota Electric, said the proposed electric rate increase is 26 per- cent for the large mercury vapor lights and five cents for the 100 watt low pressure sodium lights. Mayor Garrison asked Staff to pursue retrofitting existing mercury vapor street lights in the City with sodium lights. Mr. Brunkhorst said he would order a couple of the semi-decorative overhead fixtures and install them on a trial basis so they could be seen before being installed in the Palomino Hills area. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). Kathy Anderson, 266 Cimarron Road, said she does not want a light located in front of her house, as proposed, and asked that it be relocated. Diane Kouba presented a petition from residents on Cimarron Road opposed to the lights. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1981 Page 3 Notice of the American Water Works Association Safety Award was tabled. Mr. Cliff Carpenter and Boy Scount Troop 290 were in attendance at the meeting. Mr. Carpenter said the Troop was attending as part of its work on community awareness. The Council reviewed the cost for installing utility improvements for Lots 9 through 12 of Knottywoods ranging from $2,990.98 to $4,161.53 per lot. Mrs. Barnes, the owner of Lot 12, questioned the sod cost. Mr. Asleson said the sod was shown as a separate item because when the cost estimates were discussed, the property owners suggested doing their own sodding to reduce the cost. The sod and labor cost in the bid is $823.71 per lot. Keith Gordon said the contractor bid based on $1.50 per yard for the sod. Dan Biedler, the owner of Lot 10, said he had checked into sod costs and was quoted 85¢ per yard delivered. Mr. Gordon.said, based on that information, the home- owners would save about $300 per lot by doing the sodding themselves. Mr. Asleson said the assessment information in his letter, dated August 21, 1981, to the property owners is calculated at 12 percent interest for 15 years. If the City's contractor does the sodding, the cost would be included in the assessment. If the property owners do the sodding, they would have to pay for it immediately. Mr. Biedler said the City should do the sodding. Ne also said he had spoken with Mr. Gavin and Mr. Amundson, the owners of Lots 9 and 11, respectively, and they were in favor of installing the project. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- RES. 1981-152 1981-152 ordering Project 81-10, utility improvements, including PROJ. 81-10 sod, for Lots 9, 10, 11 and 12 of Knottywoods. Ayes - 5 - Nays - 0. MOTION: of 0vergard, seconded by Kelly, adopting Resolution No. 1981-153 awarding the contract for Project 80-7(1), Nordic Woods 4th and Knottywoods Utility Improvements, to Erickson Construction, Inc., the low bidder, in the amount of $49,651.50. Ayes - 5 - Nays - 0. RES. 1981-154 AWARD PROJECT 80-7(1) The Council reviewed the request of Independent School District 196 for the installation of a 1,050-foot pathway connecting Diamond Path Court (Kerry Addition) to an existing pathway in Tintah Park. Councilmember Overgard said the Park Committee had recommended against the pathway and the County Trail PtRn shows a future trail along the west side of Diamond Path Road which would provide access to Diamond Path Elementary School. MOTION: of Overgard, seconded by Savanick, requesting Independent School District 196 to contact Dakota County for installation of a path- way on the west side of Diamond Path Road (County Road 33) as shown on the County Trail Plan. Ayes - 5 - Nays - 0. REFER SCHOOL PATH REQUEST TO COUNTY John Gretz reviewed a building permit request for 108 condominium units, in three buildings on Outlot B of Hamlet I and said the number of parking spaces has been in- creased to 2.25 per unit as recommended by the Planning Commission and space is avail- able to construct additional parking if necessary in the future. MOTION: of Overgard, seconded by Savanick, approving building permits for 108 condominium units on Outlot B of Hamlet I and granting a vari- ance for 2.25 parking spaces per unit with occupancy subject to replatting the property as recommended by the Planning Commission. HAMLET CONDO. BLDG. PERMIT & VARIANCE CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1981 Page 4 Couneilmember Savanick asked if three years in the future it was decided there was a parking problem, who would be responsible for constructing the parking lot? Jack Hayes, of Mid-Continent Builders, was present and said after the condominium units are sold to individuals, an association is formed and is responsible. The provi- sion for additional parking would be incorporated into the association agreement. Mr. Hayes also said, from his experience with other condominium developments, he does not believe the additional parking will be necessary. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 154 approving plans for Project No. S.P. 19-623-12, improvements to County State-Aid Highway No. 23 (Cedar Avenue) within the City as a Federal Aid Project. Ayes - 5 - Nays - 0. RES. 1981-154 APPROVING CEDAR AVENUE PLANS RES. 1981-155 1981-82 SPORTS ARENA FEES MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1981- 155 approving the schedule of fees at the Multi-Purpose Arena for the period October 15, 1981, through October 15, 1982, as listed in the resolution. Ayes - 5 - Nays - 0. MOTION: of Garrison, seconded by Overgard, adopting Resolution No. 1981- RES. 1981-156 156 appointing Norman Hansen to the Cable TV Commission for a CABLE TV APPT. term expiring August 1, 1982. Ayes - 5 - Nays - 0. Consideration of appointments to the Economic Development Commission was tabled until September 10, 1981. John Gretz gave the Council a verbal status report on the Lebanon Hills Golf Course clubhouse construction. He said the plumbing should be completed during the next week; bids for heating and air conditioning will be received on August 31, 1981, and the building is basically complete except for carpeting and some miscellaneous cleanup. He said everything should be finished by the end of September. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 157 requesting the Minnesota Legislature to attempt to place all of Apple Valley within one House legislative district in redistricting the state. Ayes - 5 - Nays - 0. RES. 1981-157 LEG. DISTRICT COMMENTS The Council received a memo from Mr. Asleson, dated August 24, 1981, concerning curb- side refuse collection. Mayor Garrison said whether or not curbside pickup is appro- ved, he would recommend referring the City's current ordinance to the Urban Affairs Committee for rewording the section related to placement of containers. Rick Knutson, of Knutson Rubbish Service, commented on the proposal for curbside refuse pickup and said his company would provide "Zarn" containers on carts to its customers and these would be the only containers at the curb. He said they would be willing to work with the Council to implement this plan, if approved. Mayor Garrison asked, if the carts were allowed, how would extra bags of grass clip- pings and other items which might not fit in the container be handled? Mr. Knutson said he could foresee problems if these were left in front of garages and the containers were at the curb and this is something which would have to be considered further. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1981 Page 5 Mayor Garrison asked who would be responsible for the carts? Mr. Knutson said the company would assume responsibility for the carts and the customer rates would not change; they now charge $8.50 per month. The Mayor asked if the City established zones or districts, would they agree to this. Mr. Knutson said yes, they had always been in favor of this. A representative for Zarn containers was present and said the containers have been widely used and have a 10-year guarantee. Larry Knutson said if the customers wanted to purchase the carts, the monthly rate would be $7.50. He said they are now using them in Eagan and Burnsville. MOTION: of Overgard, seconded by Kelly, referring the City's ordinance on garbage, trash, tec., to the Urban Affairs Committee for updating and a revision to accomodate curbside pickup using containers manufactured by Rubbermaid, Zarn or Council-approved equivalent. REFER GARBAGE ORDINANCE TO URBAN AFFAIRS MOTION: of Savanick, seconded by Branning, substituting for the above mo- tion: referring the proposal for curbside garbage pickup using containers on carts to the Urban Affairs Committee for a recom- mendation. Gloria Deters, of the Urban Affiars Committee, was present and said she believed the Committee would prefer the opportunity to study this type of container before making a recommendation on the ordinance. Councilmember Branning said he sees a lot of containers placed at the curb in other communities and the Urban Affairs Committee should study this proposal before the Council decides it wants to allow it. Mayor Garrison said curbside pickup has been discussed often before by both the Council and the Urban Affiars Committee and he is willing to allow this new proposal on a trial basis. Robert Garber said Brooklyn Park has recently gone to a district system for garbage collection as some other cities have done. Councilmember Branning said he would like the Urban Affiars Committee to do a survey of cities using the carts including rates charged. Votes was taken on the substitute motion. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Motion Failed. Vote was taken on the original motion. Ayes - 3 - Nays - 2 (Branning and Savanick). The Council agreed the Urban Affiars Committee should report back on the ordinance re- visions by October 22, 1981. Councilmember Branning said he would like to recommend holding a public hearing or public information meeting on the ordinance. The Council discussed a recruitment process for the Park Director position and agreed to participate with the City of Burnsville, which is in the process of recruiting a Park Director, and review the applicantions it has received. The majority of the Council also agreed that the person hired for the position should have strong admin- istrative capabilities in addition to park and recreation qualifications. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1981 Page 6 Councilmember Overgard said the Council should be involved in the interview process. Mayor Garrison said three or four candidates could be selected by the staff for interviews. Couneilmember Branning said he would like to use the system used in the past, with other Park & Recreation Directors involved in an interview panel. Council- member Overgard said the staff can use that process to select applicants, but the Council should do the final interview. Councilmember Kelly said the School Board recently interviewed applicants and the process worked well and the Council should use this process also. Councilmember Branning said the Council liaison should be involved, but not the entire Council. MOTION: of Savanick, seconded by Branning, using the liaison system, as PARK DIRECTOR used in previous department head interviews, to interview can- RECRUITMENT didates for the Park Director position selected by staff from applications received by the City of Burnsville. Ayes - 3 - Nays - 2 (Kelly and Overgard). The Council received a memo, dated August 24, 1981, from Mr. Asleson concerning the public hearing on the Ridges Hospital. Mayor Garrison also commented that as many people as possible should attend the hearing on September 8th to support it. Mayor Garrison said he will be attending a public hearing on I-35 on September 9, 1981, representing the Dakota County Mayors in favor of Alternate A or A1 as a freeway seg- ment in downtown St. Paul. MOTION: of Overgard, seconded by Savanick, to pay the claims and bills, checks numbered 21642 through 21646, 24062 through 24133 and 421~2 through 24236, in the total amount of $1,296,872.29. Ayes - 5 -. Nays - 0. CLAIMS & BILLS MOTION: of Overgard, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:20 oclock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 1981 Detail of Questions and Answers on Street Light Public Hearing Art Lindfors, 196 Cimarron Road, commented on the proposed rate increase by Dakota Electric and said future rate increases could make the lights even more expensive. He also said that by putting some of the lights on overhead poles, they will no longer be decorative. Mayor Garrison said all of the information on the lights has always stated that future electric costs are unknown and overhead lights have been proposed where there are existing poles to help reduce costs. John Watkins, 100 Cimarron Court, said the results of the questionnaires show that most of the property owners are opposed to the lights and this vote should be ac- cepted and the lights not even discussed further. Jeffrey Sachs, 13526 Lower Elkwood Court, said he is opposed to the lights along with the majority of the questionnaire replies. Mayor Garrison said the Council has the responsibility to make decisions regarding health, safety and welfare of the community even though it may not be what the majority wants. Mr. Sachs asked that the lights be deleted from the three cul de sacs in Farquar Hills and installed on Elkwood Drive only where there are sidewalks. Lynn Johnson, 142 Chaparral Drive, asked if the number of lights was reduced from the first proposal? Mr. Gretz said the number of lights is the same, 50 lights in the Palomino Hills area, but there are 27 overhead lights and 23 decorative lights. Art Lindfors said if the lights are going to be installed, he would prefer the decorative lights rather than the overhead lights. Ed Brunkhorst showed the Council literature, on a decorative type of overhead fixture which he would suggest for these lights. Dale Peterson, 13532 Lower Elkwood Court, said he is in favor of the lights and wants them installed as proposed. Pat Valentyn, 13641 Elkwood Drive, said she is in favor of the lights. Councilmember Branning said the letter sent to the residents was for the purpose of an advisory questionnaire and not a vote and even though slightly more were not in favor of the lights the results were almost 50/50. Jeffrey Sachs said the proposal shows a light in front of his house and he does not want it there. Dale Peterson said it could be placed on his lot. Diane Kouba, 202 Cimarron Road, said a light is also shown in front of her house and she does not want it there.