Loading...
HomeMy WebLinkAbout09/24/1981CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 24, 1981, at 7:30 o'clock P.M. PRESENT: Mayor Garrison; Councilmembers Branning, Overgard and Savanick; Deputy Clerk Mueller. ABSENT: Councilmember Kelly. 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 Savanick, approving the agenda for to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA CEDAR TRAFFIC SURVEY RES. 1981-167 ACADEMY VILLAGE NOTE NO. 32 BINGO LICENSE FIRE RELIEF ASN SAND & GRAVEL EXCAVATING PERMITS RES. 1981-168 1981-82 SNOW REMOVAL & ROAD MATERIALS RECEIVE SEWER & WATER REPORTS FINAL PAYMENT PROJ. 81-5(1) MOTION: of Overgard, seconded by Branning, approving all items on the con- sent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, receiving a memo, dated Sep- tember 21, 1981, from John Gretz reporting that the Dakota County Board has requested Mn/DOT to perform a traffic survey on Cedar Avenue, between 140th Street and 1-35E, within ten days of the freeway opening. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 167 approving Academy Village Commercial Development Note No. 32 on Lot 7, Block 3, Academy Village. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving a bingo license for the Apple Valley Fire Relief Association on September 26, 1981, from 12:00 noon to 5:00 p.m. at Fire Station No. 1. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving 1981 sand and gravel excavating permits for McNamara-Vivant ContractingCo-o, North- western Aggregates, Inc., and Edward Kraemer and Sons, Inc. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 168 awarding 1981-1982 contract snow removal to Fischer Construc- tion, the low bidder, and supply of various road materials to the low bidders shown on Exhibit A. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, receiving revised Master Sani- tary Sewer and Water Reports for the City from the Engineer. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, accepting Project 81-5(1), Apple Valley East 6th Utilities, as final from Thomas Montgomery Construc- tion and authorizing final payment in the amount of $5,832.50. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1981 Page 2 MOTION: of Overgard, seconded by Branning, approving Change Order No. 1 PROJ. 81-13 to the contract with Hardrives, Inc., for Project 81-13, Leba- CHANGE ORDER 1 non Hills Golf Course Parking Lot, in the amount of an additional $4,151.28. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving hiring Bill Vada- kin as a Building Attendant, effective September 26, 1981, at $298 per hour. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEE MOTION: of Overgard, seconded by Branning, approving hiring Kim E. Lind- HIRE PARTTIME man and Edwin E. Keith as parttime Liquor Sales Clerks, effec- LIQUOR EMPLOYEES tire September 28, 1981, at $3.50 per hour. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, approving the minutes of the meeting of September 10, 1981, as written. Ayes - 3 - Nays - 0 (Garrison Abstained). SEPT. 10, 1981 MINUTES SEPT. 14, 1981 MINUTES MOTION: of Overgard, seconded by Savanick, approving the minutes of the special meeting of September 14, 1981, as written. Ayes - 2 - Nays - 0 (Garrison and Branning Abstained). Deputy Clerk Mueller opened the sealed bids received for the $1,140,000 General Obli- gation Temporary Improvement Bonds of 1981 as follows: First Bank of St. Paul, net interest rate of 10.78 percent; Banco Northwest, net interest rate of 10.733 percent; and Piper, Jaffray & Hopwood, net interest rate of 10.7166 percent. Steve Mattson, the City's financial consultant, then reviewed the bids for accuracy. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- RES. 1981-169 169 providing for the issuance and setting the sale of $3,000,000 SET $3,000,000 General Obligation Temporary Improvement Bonds of 1981 at 7:30 p.m. BOND SALE on Thursday, November 5, 1981. Ayes - 4 - Nays - 0. Mayor Garrison called the public hearing to order at 7:39 o'clock p.m. on the 1982 General Fund and Revenue Sharing Budgets and noted receipt of the affidavit of publi- cation of the hearing notice. The Mayor said the amount of $167,400 of Revenue Sharing Funds is presently unencumbered or will be received through 1982 and asked for questions or comments from the public. There were none. Councilmember Overgard stated that the Council should consider using some of the Revenue Sharing Funds to pay for street light power costs. There being no further comments, the Mayor declared the hearing closed at 7:41 p.m. Mayor Garrison called the public hearing to order at 7:42 p.m. on Project 81-12, Tim- berwick 6th Addition Improvements, and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed sanitary sewer, water, storm sewer, street and sidewalk improvements described in his report. He also noted that this subdivision is in two water pressure zones and any houses built within the high pressure zone before water mains are constructed along future Pennoek Avenue, connecting from the north, will require pressure tanks. It is expected that Pennock Avenue will be constructed in early 1982. Councilmember Savanick asked who would pay for the pressure tanks? Mr. Gordon said the developer and the homeowners would have to pay for them. Councilmember Overgard asked if the trail plan shows pathway or sidewalk CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1981 Page 3 on Pennock Avenue? John Gretz said the trail plan shows sidewalk on both side of Pennock Avenue and the sidewalk will be constructed along the portion of Pennock in- cluded in this subdivision. The Mayor asked for comments from the public; there being none, the hearing was declared closed at 7:46 p.m. Steve Mattson reported that the low bid of Piper, Jaffray & Hopwood for the $1,140,000 General Obligation Temporary Improvement Bonds of 1981 was correct and he recommended awarding the sale. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 170 authorizing the issuance, awarding the sale to Piper, Jaffray & Hopwood, fixing the form and details and providing for the pay- ment of $1,140,000 General Obligation Temporary Improvement Bonds of 1981. Ayes - 4 - Nays - 0. RES. 1981-170 AWARD SALE OF $1,140,000 G.O. TEMP. BONDS PALOMINO HILLS STREET LIGHTS MOTION: of Garrison, seconded by Savanick, adopting Resolution No. 1981- rescinding Resolution No. 1981-151 related to Palomino Hills area and Farquar Hills street lighting. Councilmember Savanick questioned the number of votes required by parliamentary procedure to rescind a previous motion. She noted that information from Mr. Asleson referred to a simple majority, but she read an exceypt from another book on parliamentary procedure which stated that the same number of votes as required for the original action are needed to rescind it. Councilmember Overgard said she had driven through the Cimarron Road area again at night and believes the lights are needed. Mayor Garrison said he would prefer allowing the residents to petition for lights on a subdivision by subdivision basis. Councilmember Branning said he would prefer to keep this installation as a large project because it is more economical. Two residents of Sabra Court were present and said everyone living on their court is opposed to the lights. Vote was taken on the motion. Ayes - 1 (Garrison) - Nays - 3. The Council received the Findings of Fact, Conclusions of Law and Order for Judgment, dated September 17, 1981, in the matter of Apple Valley Red-E-Mix, Inc., (Fischer Sand and Aggregate) versus the City of Apple Valley. MOTION: of Overgard, seconded by Branning, setting a special private meet- ing at 7:30 p.m. on Tuesday, September 29, 1981, at the City Hall on the Apple VAlley Red-E-Mix (Fischer) litigation under the at- torney client privilege of the open meeting law. Ayes - 4 - Nays - 0. PRIVATE MEETING ON FISCHER LITIGATION COBBLESTONE MANOR PRELIM. PLAT & AGREEMENT MOTION: of Overgard, seconded by Branning, approving the preliminary plat of Cobblestone Manor as recommended by the Planning Commission and directing the staff to prepare a development agreement and a joint powers agreement with the City of Burnsville relative to sanitary sewer service. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1981 Page 4 MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 171 receiving the preliminary engineering report for Project No. 81-16, Cobblestone Manor public improvements, and setting a pub- lic hearing on it at 7:30 p.m. on October 22, 1981. RES. 1981-171 PROJ. 81-16 PUBLIC HEARING Councilmember Branning questioned the request for construction of a model home before the street grading is done. Mr. Gretz said a grading plan has been submitted and is acceptable. Jim Hill, consultant for the petitioner, and Bill Dietrich were present. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 172 directing the Engineer to prepare plans and specifications for Project 81-16 to be considered after the public hearing on October 22, 1981. Ayes - 4 - Nays - 0. RES. 1981-172 PROJ. 81-16 PLANS & SPECS. COBBLESTONE MANOR MODEL HOME MOTION: of Overgard, seconded by Branning, authorizing the issuance of a building permit to construct a model home in Cobblestone Manor with no occupancy permitted until all utility services are in place as recommended by the Planning Commission. Ayes - 4 - Nays - 0. The Council reviewed the plans for installation of drinking fountains in various City parks. They recommended placing the fountain in Delaney Park on the side of the shel- ter building; the fountain in Wildwood Park along the pathway from 137th Street, east of the tennis courts; and the fountain in Cedar Knolls Park on the east side of the parking lot. MOTION: of Branning, seconded by Garrison, adopting Resolution No. 1981- 173 approving plans and specifications for Project 81-15, four replacement and four new drinking fountains in various City parks, and authorizing advertisement for bids to be received at 2:00 p.m. on October 15, 1981. Ayes - 4 - Nays - 0. RES. 1981-173 DRINKING FOUNTAIN BIDS The Council received a report, dated September 18, 1981, from John Gretz updating cost estimate information on the Lebanon Hills Golf Course Clubhouse project. MOTION: of Overgard, seconded by Branning, approving payment of $9,960. CLUBHOUSE to Gary Mortenson and Lauren Nelson for carpentry labor, in full, LABOR PAYMENT on the Lebanon Hills Golf Course Clubhouse project. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, passing Ordinance No. 258 a- mending the Code by revising fees for certain alcoholic beverage licenses in the City. Ayes - 4 - Nays - 0. ORD. 258 ALCOHOLIC BEV. LICENSE FEES The Council received a letter, dated September 22, 1981, from James Sheldon concerning storm sewer easements for County Road 42. Mr. Sheldon reviewed the individual ease- ment agreements with the Council and the costs involved. It was also noted that the County does not participate in cost sharing for storm sewer easement acquisition and the City would be paying the costs. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1981 Page 5 MOTION: of Overgard, seconded by Branning, approving storm sewer easement agreements with property owners along County Road 42, as presented by the City Attorney, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. CO. RD. 43 STORM SEWER EASEMENTS John Gretz reported that Dakota Electric is installing the street lights in the South Apple Valley area and is using fiberglass poles. He said the residents were under the impression wooden poles would be used and have questioned this. Dakota Electric informed him that the cost of wooden poles has increased and there were many defects in the poles. Councilmember Overgard asked Mr. Gretz to work with Ed Brunkhorst, of Dakota Electric, to see if wooden poles could be obtained so the lighting would be uniform in the area. Longridge and Apple Valley 13th Additions already have wooden poles installed. The Council agreed that wooden poles should be installed if possible, but if there is no other choice, the fiberglass poles would have to be acceptable. MOTION: of Branning, seconded by Savanick, to pay the claims and bills, checks numbered 21648, 21649, 24472 through 24555 and 24564 through 24633, in the total amount of $1,143,119.41. Ayes - 4 - Nays - 0. CLAIMS & BILLS The meeting was adjourned at 8:52 o'clock p.m.