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HomeMy WebLinkAbout10/22/1981CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 22, 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 everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Kelly, approving the agenda for tonight's APPROVE AGENDA meeting. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adding towing specifications and hiring parttime employees to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA RES. 1981-182 TOWING SPECS. & BIDS LOT 36, BLK. 6, LONGRIDGE 2ND VARIANCE LOT 10, BLK. 10 A.V. 4TH VARIANCE RES. 1981-183 SET HEARING PROJ. 81-1 RES. 1981-184 PROJ. 81-14(2) SPECS. & BIDS FINAL PAYMENT PROJ. 81-4 CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 182 approving the specifications for towing and impounding of ve- hicles for the period January 1, 1982, to December 31, 1983, and authorizing advertising for bids to be received at 2:00 p.m. on November 18, 1981. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, granting a variance for a side- yard setback of 21 feet on the west side of Lot 36, Block 6, Long- ridge 2nd Addition for a garage addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, granting a variance for a side- yard setback of 3 feet on Lot 10, Block 10, Apple Valley 4th Addi- tion, for a garage addition as recommended by the Planning Commis- sion. Ayes- 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 183 receiving the preliminary engineering report on Project 81-1, Cedar Avenue drainage and utility improvements between 139th Street and Whitney Drive, and setting a public hearing on it at 7:30 p.m. on November 24, 1981. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 184 approving the plans and specifications for Project 81-14(2), Deep Well 10 Pumphouse and Pump, and authorizing advertising for bids to be received at 2:00 p.m. on December 3, 1981. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, accepting Project 81-4, 153rd Street Improvements, as final and authorizing final payment on the contract with McNamara-Vivant Contracting in the amount of $40,615.02. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1981 Page 2 MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 185 awarding the contract for Project 81-14(1), Deep Well 10 Drilling, to Keys Well Drilling, the low bidder, in the amount of $97,650.00. Ayes - 5 - Nays - 0. RES. 1981-185 AWARD CONTRACT PROJ. 81-14(1) RES. 1981-186 AWARD CONTRACT PROJ. 81-15 HIRE PARTTIME EMPLOYEES OCT. 8, 1981 MINUTES MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1981- 186 awarding the contract for Project 81-15, Park Drinking Foun- tains, to O & P Contracting, Inc., the low bidder, in the amount of $22,813.12. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving hiring the part- time recreation employees as shown in the memo from Richard Asleson, dated October 19, 1981. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Kelly, approving the minutes of the meeting of October 8, 1981, as written. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 7:32 p.m. on Project 81-16, public improvements for Cobblestone Manor, and noted receipt of the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvements including sani- tary sewer, water, storm sewer and streets with a total cost of $313,600. He also said the sanitary sewer service will be provided by the City of Brunsville for this property as well as the property to the north when it develops. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:35 p.m. MOTION: of Overgard, seconded by Kelly, approving a joint powers agree- ment with the City of Burnsville providing for sanitary sewer service for the Cobblestone Manor subdivision and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. COBBLESTONE MANOR SEWER AGREEMENT COBBLESTONE MANOR PLAT & AGREEMENT MOTION: of Overgard, seconded by Kelly, approving the final plat and development agreement for the Cobblestone Manor subdivision and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savaniek, adopting Resolution No. 1981- RES. 1981-187 187 ordering Project 81-16, Cobblestone Manor public improvements. ORDER PROJ. Ayes - 5 - Nays - 0. 81~16 MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 189 directing the Engineer to prepare plans and specifications for Project 81-16. Ayes - 5 - Nays - 0. RES. 1981-189 PROJ. 81-16 PLANS & SPECS Mayor Garrison reviewed some df the past history of Council discussions on curbside refuse collection. The Urban Affairs Committee has reviewed this question several times also and has approved a recommendation allowing curbside pickup with cart-type containers only, on an experimental basis, in one area of the City. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1981 Page 3 Mr. Asleson said the City of Hopkins implemented curbside garbage collection with a similar type of container in January 1981. He went to Hopkins yesterday and viewed its system in use. He said the Hopkins City Staff told him they are very satisfied with the system. Mayor Garrison said participation by the residents would be strictly voluntary in the experimental district, located between Cedar and Galaxie Avenues, and the Urban Affairs Committee proposes to hold a public hearing on June 3, 1982, to take comments on the system. Mr. John See, of MacQueen Equipment, and Mr. Bob Ferguson, of Rubbermaid Corporation, were present. Mr. Ferguson offered his help in implementing the system and said he would provide information from his company on how the containers have been used in other cities. Mr. Ferguson also said Rubbermaid would furnish the cart-type containers to any refuse collectors, at no cost, who would like to use them during the experimental period. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-190 RES. 1981-190 outlining the administrative procedures for experimental curbside EXPERIMENTAL refuse collection and directing the Urban Affairs Cormuittee to CURBSIDE REFUSE hold a public hearing on June 3, 1982, for the purpose of receiving COLLECTION public response on the experiment and submit a report to the City PROCEDURES Council by July 8, 1982. Ayes - 3 - Nays - 2 (Branning and Savanick). MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 259 amending ORD. NO. 259 Chapter 11 of the City Code related to refuse collection as recom- REFUSE COLLECTIO~ mended by the Urban Affairs Committee. The Council discussed the amendment for Section 11-4 regarding the placement of containers, screening, where cans should be stored and where they should be placed on collection day. Councilmember Savanick said she does not believe the experiment will work because there is no incentive to the homeowners to participate, such as a cost savings. It was noted that the cart-type containers would be provided free of charge and the rates would not increase during the experimental-period. Councilmember Kelly said the last sentence of Section ll-12(g), on page 6, should be amended by deleting the words, "which shall at all times be owned and maintained by the licensed collector." Councilmember Kelly also said Section ll-12(f), on page 6, should be amended by changing "3:00 A.M." to "t0~00 P,M. on the day preceding collection day." Councilmember Branning said language should be included requiring collectors to pick up containers wherever they are placed by the homeowners. Mr. Asleson said a sentence could be added to Section 11-4, "When containers are placed in accordance with this section, licensed collectors shall pick up all such containers." Rick Knutson, of Knutson Rubbish Service, was present and said the ordinance can require collectors to pick up containers in any location, but it would not guarantee what price the homeowners would have to pay for such service. The Council decided not to add the foregoing sentence. Councilmember Branning said, as part of the licensing procedures for collectors in the ordinance, all collectors should be required to pick up all types of garbage containers whereever the homeowners put the containers or no license should be issued. Mr. Asle- son said if.thafi is the intent, the ordinance would require more revisions and perhaps should be left as prbposed for the experimental period. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1981 Page 4 The Council discussed the wording of proposed Section 11-4 and agreed the first sen- tence should read, "During all days when collection is scheduled to occur, containers shall be accessible to the collector which means that such containers, as relates to single family dwellings, may be placed in the sideyard setback or in the frontyard setback and shall be adjacent to any structure on the premises." The revisions to Ordinance No. 259 for the purposes of this motion are thus as sub- mitted by the Urban Affairs Committee with the changes noted in the preceding para- graph to Section 11-4 and the changes requested by Councilmember Kelly to Sections ll-12(g) and ll-12(f) with these changes being agreeable to the maker and second of the motion. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Savanick). The Council agreed the Mayor should send a letter to residents in the experimental area explaining the special curbline refuse collection policy. The Council received a memo from Richard Asleson, dated October 19, 1981., MTC BUS concerning current bus service in the area and notice that routes 32 and SERVICE 64 will be eliminated. Mr. Asleson said a notice of public hearing on the elimination of the routes was received October 24, 1981, and he will find out if the routes will be continued until the date of the public hearing, November 18, 1981. Representative Carolyn Rodriguez was present and commented that the elimination of the two routes will be a reduction in MTC service for this area, but will not change the tax support being paid by the citizens. Mayor Garrison commented that a paratransit study being conducted for this area may also be addressing the question of a separate transit service for this area under Representative Rodriguez's legislation. The Council received a report, dated September 1981, from John DuBois on the City's radio systems. Councilmember Kelly said she has met with the consultant and the staff on this report and all agreed that the double dispatch console for the Police is neces- sary at this time. Some of the other items in the report may not be necessary at this time, but would recommend taking bids on the entire package to see what the actual costs are. The specifications would call for separate bid prices on each item with a clause that the prices remain in effect for one year. Councilmember Overgard asked whether the consultant's fee for writing the specifica- tions could be reduced by eliminating some items from the proposal? Mr. Asleson said the fee would be on an hourly basis up to a maximum of 180 hours and it is difficult to determine how much would be saved. He also said even if not all the items were purchased now, the specifications could always be used later. MOTION: of Kelly, seconded by Branning, adopting Resolution No. 1981- 191 authorizing John DuBois to prepare plans and specifications for all items listed in Table 9 of his September 1981 report and authorizing the expenditure of up to 180 hours of time, at $30.00 per hour, plus actual expenses, to be compensated under the terms of the present contract. Ayes - 5 - Nays - 0. RES. 1981-191 RADIO EQUIPMENT SPECIFICATIONS CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1981 Page 5 MOTION: of 0vergard, seconded by Garrison, approving an amendment to the Development Agreement for Nordic Woods 4th Addition by accepting a $13,025 lien in lieu of a performance bond, subject to the City Attorney checking the abstract, and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays - 1 (Savanick). NORDIC WOODS 4TH AGREEMENT AMENDMENT MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-188 establishing fees for certain City services as listed in the resolution. Ayes - 5 - Nays - 0. RES. 1981-188 FEE SCHEDULE ORDINANCE 260 LICENSE FEES MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 260 amend- ing the City Code by changing fees charged for dog licenses, filling station licenses, fire marshal permits and garbage col- lection licenses. Ayes - 5 - Nays - 0. John Gretz reported that construction on the Lebanon Hills Golf Course Clubhouse is nearly complete and he will be receiving a proposal for interior furnishings next week. The Council received a report, dated October 22, 1981, from Mr. Asleson showing basically the final costs on the project at $188,755.65. MOTION: of Savanick, seconded by Kelly, to pay the claims and bills, checks CLAIMS & BILLS numbered 23653 through 23656, 24820 through 24823, 24825 through 24886 and 24896 through 24992, in the total amount of $1,817,481.18. Ayes - 5 - Nays- 0. MOTION: of Kelly, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:50 o'clock p.m.