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HomeMy WebLinkAbout12/10/1981CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 10, 1981, at 7:30 o'clock p.m. at the City Hall. PRESENT: Councilmembers Branning, Kelly, Overgard and Savanick (attended at 7:37 p.m.); Clerk Asleson. ABSENT: Mayor Garrison. Acting Mayor Kelly 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 Branning, approving the agenda for to- night's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA CONSENT AGENDA EAGAN WATER RESERVOIR GARAGE SETBACK VARIANCE RES. 1981-208 PROJ. 81-17 HEARING FINAL PAYMENT PROJ. 81-5(2) MOTION: of Overgard, seconded by Branning, removing comments on the Water Management Plan and consideration of closing skating rinks to the regular agenda and approving all remainingitems on the consent agenda. Ayes - 3 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Branning, receiving the Planning Commis- sion recommendation of December 2, 1981, concerning a request by the City of Eagan to locate a water reservoir in Apple Valley. Ayes - 3 - Nays - O. MOTION: of Overgard, seconded by Branning, granting a variance for a 27- foot frontyard setback for a garage addition on Lot 65, Block 1, Greenleaf llth Addition, as recommended by the Planning Commis- sion. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 208 receiving the preliminary engineering report on Project 81- 17, upgrading of Cedar Avenue between 140th Street and Whitney Drive, and setting a public hearing on it at 7:30 p.m. on January 14, 1982. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Branning, aceepting Project 81-5(2), Apple Valley East 6th Streets and authorizing final payment to Cannon Valley Construction Co. in the amount of $1,339.92. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Branning, accepting Project 80-7(2), FINAL PAYMENT Nordic Woods 4th Streets, and authorizing final payment to McNamara PROJ. 80-7(2) Vivant Contracting Co. in the amount of $12,931.15. Ayes - 3 - Nays - 0. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 209 awarding the contract for Project 81-14(2), Deep Well No. 10 Pump and Pumphouse, to A & K Construction, Inc., the low bidder in the amount of $180,983.00 with the alternates of an additional $875.00 and a deduct of $5,900.00 for a total of $175,958.00. Ayes - 3 - Nays - O. RES. 1981-209 AWARD CONTRACT PROJ. 81-14(2) END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1981 Page 2 Acting Mayor Kelly welcomed Cub Scout Pack 290, who were present at the meeting, along with Charles Phillips and Mike Vath. MOTION: of Overgard, seconded by Branning, approving the minutes of the NOV. 24, 1981 meeting of November 24, 1981, as written. Ayes - 3 - Nays - 0. MINUTES Mr. Foster Dunwiddie was present and reviewed his interim report planning study of the Farquhar Farmstead, on Pilot Knob Road, dated October 30, 1981, with the Council. The report concerns the feasibility of renovating the house and the barn. Mr. Dunwiddie said the house appears to be structurally sound and estimates exterior stabilization would cost between $18,900 and $20,800 for a new roof and window repair. The barn would require more work and a new foundation and straightening the superstructure would cost between $16,800 and $18,500. A new roof would cost between $6,900 and $7,600. Mr. Dunwiddie said he would recommend more research on the summer kitchen, demolition of the milkhouse and the chicken house could be retained for park purposes. In this report he did not address adaptive uses for any of the buildings, only preservation. (Councilmember Savanick attended during this presentation.) MOTION: of Overgard, seconded by Branning, receiving the report of Fos- REFER FARQUHAR ter Dunwiddie, dated October 30, 1981, on the Farquhar Farmstead FARMSTEAD and referring it to the Park and Historical Committees to review REPORT TO COM. and make a recommendation to the Council as to whether the build- ings should be preserved. Councilmember Overgard said the Committees should consider whether one, both or none of the buildings should be preserved. Councilmember Savanick said the Committees should also consider the cost of preservation and whether it is financially practical and prioritize the things that need to be done in the park. Agnes Scott, of the Historical Committee, commented that, in her opinion, if anything is done to the barn such as insulating it and putting restrooms in the basement, it would be destroyed as far as historic value goes. The house and the summer kitchen are the most important buildings from a historic standpoint. Councilmember Savanick suggested the Committees include consideration of the school buildings as part of the total plan and a picnic pavillion. Councilmember Branning said to avoid confusing the issues, the two questions the Committees should answer now are do we want to preserve the buildings or not. Councilmember Overgard said the Park Committee has already seen this report and sevaral plans for the park were prepared in connection with the park bond issue. If the Council decides to preserve the buildings, Mr. Dunwiddie would be asked to make recommendations on the buildings' uses as part of his contract. MOTION: of 0vergard, seconded by Branning, calling for a vote on the motion. Ayes - 4 - Nays - 0. Vote was taken on the motion. Ayes - 4 - Nays CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1981 Page 3 Mr. Asleson reviewed the background of the Agreement, dated July 31, 1980, providing for a site for Southview Acres Health Care Center nursing home. Mr. Harry Lemieux dis- tribued copies of a letter, dated December 9, 1981, from Knutson Mortgage and Financial Corporation recapping the problems they have had in starting construction. Mr. Lemieux further explained some of the problems in receiving HUD approvals and said he has applied for a one-year extension on the Certificate of Need. Because the July 31, 1980 Agreement requires that construction commence by December 31, 1981, he said he was present to ask the CounCil to also grant a one-year extension to the Agreement. MOTION: of Overgard, seconded by Branning, amending the Agreement, dated NURSING HOME July 31, 1980, among Land Holding Company, the City of Apple Val- CONSTRUCTION ley and Harry and Pearl Lemieux by requiring construction of the EXTENSION nursing home to commence by December 31, 1982, or the deed des- cribed in the Agreement would be released on January 2, 1983, sub~ ject to a definition of "commence construction". Don Romain questioned the interest rates referred to by Mr. Lemieux and asked if he was waiting for the interest rate to drop? Mr. Lemieux said anything under 12 percent would be acceptable because that is the ceiling imposed by the Minnesota Welfare Department. Councilmember Savanick asked if tax exempt financing would be used on the project? Mr. Lemieux said yes. Vote was taken on the motion. Ayes - 4 - Nays - 0. John Gretz said the County Board considered the Council's requests on several Cedar Avenue intersections at its meeting December 8, 1981, and approved the left turn restrictions at 127th and 123rd Streets. The Board did not act on the request to sever access to 132nd Street from Cedar Avenue because 132nd Street is a City street. It also did not act on the 140th Street and Cedar intersection, but asked for more study by the Highway Engineer. Councilmember Overgard said she attended the meeting also the County Board discussed a temporary signal at 140th and cedar. The earliest it could be installed is late February or March and the Board will be discussing this further at its December 22 meeting. The Council discussed traffic problems at the 140th and Cedar intersection. Councilmember Branning said the County always refers to state standards for signals, yet the state puts up temporary signals when and where needed on state roads. He said since part of the traffic problem is state-generated, by the Cedar freeway, the state should be requested to install a temporary signal if the County does not. Councilmember Dvergard suggested the Council wait and see what action the County Board takes on December 22. Acting Mayor Kelly said she would like City Staff to simultan- eously request the state for temporary signal. Ed Ebach commented that restricting left turns and the flashing light at 127th and Cedar will not prevent people from crossing Cedar at that intersection and nothing has really been done to make the intersection safer. Bob McCabe suggested the City put up four-way stop signs at 140th and Cedar without approval by the County. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1981 Page 4 Wayne Dockter asked if signs indicating "no righthand lane" could be installed at 127th and Cedar to prevent traffic from forming two lanes? Mr. Gretz said he would check with the County about this. Police Lt. Bruce Erickson reviewed a map showing the locations of some Of SNOWMOBILE the snowmobile trails on private property marked by the snowmobile clubs. TRAILS He said the way the City's ordinance is written, snowmobiles should be able to get these trails which connect to other DNR maintained trails in the County. Mr. Asleson reviewed the areas of permitted and prohibited snowmobile operation in the City and said information about the City's ordinance will be publicized to remind every- one of the rules. Couneilmember Branning said the local snowmobile clubs shoudl be commended for the help they have given the City in enforcing the rules and the education programs they spon- sor on snowmobile safety training. MOTION: of Branning, seconded by Overgard, passing Ordinance No. 262 a- mending Section 3-41(c) of the City Code to read, "No person prohibited by state law shall be permitted to sell or serve beer in any on-sale establishment." Ayes - 4 - Nays - O. ORDINANCE 262 AGE TO SERVE BEER RES. 1981-210 DESIGNATE 153 STATE AID ST. 1982 LIQUOR LICENSES MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 210 designating 153rd Street between Cedar Avenue and Galaxie Avenue, south of County Road 42, as a Municipal State Aid Street subject to approval of the Commissioner of Transportation. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolutions No. 1981- 211, 212, and 213 approving 1982 on-sale and Sunday liquor li- censes for Apple Place, Inc.; Beef 'N' Brew, Inc.; and Sutters Mill Apple Valley, Inc. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 214 setting a public hearing at 7:30 p.m. on January 14, 1982, on the application of Cedar Valley A & W, Inc., d/b/a Apple Valley Greenstreets, for an on-sale and Sunday liquor license. Ayes - 4 - Nays - 0. RES. 1981-214 GREENSTREETS LIQUOR HEARING MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1981- 215 revising sanitary sewer, water and penalty rates for all utility bills issued by the City on and after December 23, 1981. RES. 1981-215 SEWER & WATER RATES Mr. Asleson reviewed the proposed new rates and distributed additional financial infor- mation, dated December 10, 1981, on the rates. He said water rates have not been changed since 1968 and sewer rates have not been changed since 1978. Councilmember Overgard said she is opposed to any change in the water rates because of money transferred from the sewer and water fund to the golf course fund. Acting Mayor Kelly said she is opposed to the proposed water rate increase because it is based on a curve and she believes everyone shoudl be charged the same rate per gal- lon. Mr. Asleson explained the proposed new water rates which are a base charge of CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1981 Page 5 $5.00; $.36 per thousand gallons for the first 250,000 gallons of water used in a quarter and $.30 per thousand over 250,000 gallons. He said the reason for the reduction for large users is that the City's cost to provide water to that user is less per thousand gallons of water than it is for single family homes. Charging all of the water at the same rate would make an annual difference of about $8,000 to the City, but it could be done. Acting Mayor Kelly said she was opposed to transferring money to the golf fund and if it had not been done, perhaps the money could have been used for unforeseen expenses in the water operation. Mr. Asleson said a memo he prepared when the last transfer was made, stated an increase in the water rates might be necessary because he could only predict the water fund financial picture through 1981. Councilmember Savanick commented on the golf financial problems and said if the money had not been transferred, there would have been nothing to do but close the golf course and the golf bonds would still have to be repaid. Dennis Kanipe, 138th Street Court, asked if a percentage increase has been considered for a gradual increase of 10 or 15 percent this year and the same next year? Council- member Branning said that would not provide adequate cash flow. Councilmember Savanick said the water rate increase will not really make that much difference on the bills, the sewer rate increase is going to have the most effect. MOTION: of Savanick, seconded by Kelly, to vote separately on the sanitary sewer, water and penalty portions of Resolution No. 1981-215. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Savanick, approving the sanitary sewer rates as set forth in Resolution No. 1981-215. SEWER RATES Mr. Asleson reviewed the proposed sewer rates and the effects on homeowners bills. City's portion of the increase is 3.57 percent and the portion the City pays to the Metropolitan Waste Control Commission will increase 90.5 percent. Ed Ebach questioned how the City determines sewer flow. Mr. Asleson said sewer usage for the year is based on winter quarter water usage and billed on that basis all year. MOTION: of Branning, seconded by Overgard, calling for a vote on the motion. Ayes - 4 - Nays - 0. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving the penalty rates and PENALTY RATES~ procedures as set forth in Resolution No. 1981-215. Councilmember Branning asked if using the procedure of specially assessing delinquent bills rather than turning off water had been considered? Mr. Asleson said the problem with that is a public hearing would have to be held onee a year for this purpose and the amount would be placed on the property tax bill. Even if the property had changed owner- ship, the new owner would then be required to pay a bill left by the previous owner. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1981 Page 6 MOTION: of Savanick, seconded by Overgard, setting a special meeting at 7:30 p.m. on February 18, 1982, for a presentation by the City Engineer on the City's revised Sanitary Sewer and Water Master Plan. Ayes - 4 - Nays - 0. SET SPECIAL MEETING RES. 1981-216 WATER PLAN COMMENTS MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 216~commenting on the draft Surface Water Management Plan for the December 17, 1981, public meeting on it including a state- ment opposing the use of taxes to implement the plan. Ayes - 4 - Nays - 0. The Council received a memo, dated December 4, 1981, concerning closing four of the 12 ice skating rinks which do not have warming houses. Acting Mayor Kelly asked if any of the rinks are being used for hockey practice? Mr. Gretz said none of these four were, however, he was reconsidering closing the rink on Pennock because there are quite a few homes around it and it probably received more use than the others. The Council discussed the cost of maintaining the rinks and Mr. Gretz said closing these rinks would avoid hiring an additional parttime person for flooding purposes. MOTION: of Overgard, seconded by Kelly, approving closing the four skat- ing rinks as shown in the December 4, 1981, memo at parks as follows: Pennock, Moeller, Farquhar and 140th Pond. SKATING RINKS Councilmember Overgard said she would be willing to reconsider these in the future if it appears there is a need to have the rinks. MOTION: of Savanick, seconded by Branning, amending the above motion to include closing the rink on Palomino Drive. MOTION: of Branning, seconded by Savanick, amending the above amendment by keeping the Pennock rink open. Ayes - 3 - Nays - 1 (Overgard). Vote was taken on the amendment as amended. Ayes - 2 - Nays - 2 (Kelly and Overgard). Amendment Failed. MOTION: of Savanick, seconded by Overgard, calling for a vote on the motion. Ayes - 4 - Nays - 0. Vote was taken on the original motion. Ayes - 3 - Nays - 1 (Branning). MOTION: of Savanick, seconded by Branning, approving hiring the parttime and seasonal employees listed in the memo from Terry Schultz, dated December 7, 1981. Ayes - 4 - Nays - 0. MOTION: of 0vergard, seconded by Savanick, submitting the name of John Gretz to the Association of Metropolitan Municipalities and re- commending his appointment to fill the vacancy on the Transpor- tation Advisory Committee. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEES REC. GRETZ FOR TRANS. ADVISORY COMMITTEE Councilmember Overgard said Delores Ball has resigned as Apple Valley's representative on the Paratransit Committee. She asked the Council to consider appointing someone at its next meeting because orientation sessions will be held in January. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1981 Page 7 Councilmember Savanick said the deadline for submitting articles to her for the next issue of the "Council Table" newsletter is December 28, 1981. MOTION: of Branning, seconded by Savanick, to pay the claims and bills, checks numbered 23680 through 23682, 25414 through 25502 and 25512 through 25593, in the total amount of $1,049,154.40. Ayes - 4 - Nays - 0. CLAIMS & BILLS TEMPORARILY CLOSE MEETING MOTION: of Overgard, seconded by Savanick, to recess the regular Council meeting to conduct a closed meeting of the Council and the City Administrator under the attorney-client exception to the Minne- sota Open Meeting Law to discuss litigation in progress; that is, the case of Paul and Delores Byers v. City of Apple Valley, et al. Ayes - 4 - Nays - 0. The regular meeting recessed at 11:20 p.m. At 12:01 a.m. on December 11, 1981, Acting Mayor Kelly, pursuant to the recess, called the regular meeting back to order with all members present except Mayor Garrison. Clerk Asleson was also present. MOTION: of Overgard, seconded by Branning, adopting Resolution No. 1981- 217 concerning the claim of Paul and Delores Byers v. the City of Apple Valley, et al. Ayes - 4 - Nays - 0. RES. 1981-217 BYERS CLAIM RECESS MEETING MOTION: of Branning, seconded by Savanick, to recess the regular Council meeting until 9:00 a.m. this morning, December 11, 1981. Ayes - 3 - Nays - 0. (Kelly Abstained). The meeting was recessed at 12:05 o'clock a.m. At 9:04 a.m. on December 11, 1981, Mayor Garrison, pursuant to the recess called the regular meeting back to order with Council- members Branning and Savanick present. Councilmembers Kelly and Overgard were absent. Also present were Clerk Asleson, Deputy Clerk Mueller, Finance Director Ballenger, Community Development Director Gretz and reporters from the Dakota County Tribune and Countryside newspapers. MOTION: of Savanick, seconded by Branning, approving the water rates as set forth in Resolution No. 1981-215. Ayes - 3 - Nays - 0. WATER RATES MOTION: of Branning, seconded by Savanick, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:15 o'clock a.m., December 11, 1981.