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HomeMy WebLinkAbout04/10/1980CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1980 Minutes of the meeting of the city Council of Apple Valley, Dakota County, Minnesota, held April 10, 1980 at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Overgard, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving the minutes of the meet- MARCH 27, 1980 ing of March 27, 1980, as corrected. Ayes - 5 - Nays - 0. MINUTES MOTION: of Holton, seconded by Overgard, adding the annual review for Richard Kelley to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ACADEMY VILLAGE BLDG. PERMIT & VARIANCE APPLE GLASS TRANS. MER. LIC RES. 1980-41 PLBG. & HTG. PERMIT FEES RES. 1980-42 PROJ. 80-2 PLANS & SPECS RES. 1980-43 SET HEARING ON PROJ. 80-4 KNUTSON RUBBISH REMOVAL SERVICE AGREEMENT CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Overgard, approving a sideyard setback variance not to exceed six feet and a building permit for a fourplex on Lot 9 of Block 1 in Academy Village as recommend- ed by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, approving a transient merchant license for 1980 for Apple Glass to sell glass products door to door. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-41 increasing the plumbing permit fee from $20.50 to $33.50 and the heating permit fee from $15.50 to $28.50 effective May 1, 1980. Ayes - 5 ~. Nays - 0. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-42 directing the Engineer to prepare plans and specifications for Project 80-2, Apple Valley East 5th Addition Improvements. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-43 setting a public hearing at 8:00 p.m. on May 8, 1980, on Project 80-4, storm sewer improvements related to the Zoo Highway between Galaxie Avenue and Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, approving an agreement for rub- bish removal service at various City facilities with Knutson Rubbish Service from May 1 to December 31, 1980, at a low quota- tion of $355.00 per month. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1980 Page 2 MOTION: of Holton, seconded by Overgard, approving abatement of taxes on Outlot A of Property Underwriters Addition because it is a City street. Ayes - 5 - Nays - O. O.L. A PROP. UNDERWRITERS TAX ABATEMENT KELLEY SALARY INCREASE HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Overgard, approving a salary increase for Richard Kelley of $260 per month effective April 17, 1980. Ayes - 4 - Nays - 0.(Kelly Abstained). MOTION: of Holton, seconded by Overgard, approving hiring parttime park forestry, golf course and street department employees as listed on the memo dated April 7, 1980 from Michael Bassett. Ayes - 5 - Nays - O. END OF CONSENT AGENDA ITEMS Mayor Garrison intr6duced Shelly Keeton, Jim Shiffman and Peter Largen of the Apple Valley Mobile Puppet Theater who were present to receive a Resolution designating the Theater as a Goodwill Ambassador for the City. The Council adopted Resolution No. 1980- 24 on February 28, 1980 expressing appreciation to this group for its performances both within and outside of the community. Loren Hegland was present to discuss the Golf Course with the Council. A report pre- pared by him was distributed to the Councilmembers. He said he basically wants the Council to recognize the Golf Course as an asset to the City which does not depreciate but improves with age and should be viewed as an expenditure over a 100-year period of time. The Mayor said the Council will be receiving a staff report on the Golf Course at the April 24, 1980 meeting and would like Mr. Hegland to make his presentation at that meeting. MOTION: of Overgard, seconded by Kelly, to amend the Development Agree- ment between Norman E. Vogelpohl and the City of Apple Valley, which was previously approved by the City Council on June 6, 1977, by deleting from said Agreement paragraphs 3 and 7.D. AMEND THE HIGHLANDS AGREEMENT Councilmember Savanick said the paragraphs should be left in the Agreement and pathways and sidewalks along major thoroughfares should be priority items. Councilmember Over- gard said this Agreement provides for only a short section of sidewalk along Palomino Drive which does not connect to any other pathway or sidewalk. Other develdpers have not been required to put in a pathway along Palomino Drive and until a trail plan is approved, this section should not be considered. It was also noted that part of this action deletes a pathway connecting to the Hunters Wood subdivisions. The continuation of the pathway in Hunters Wood was eliminated because of topography problems. Don Romain said if developers are not required to install a pathway along Palomino Drive, it will probably never be built. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). The Council received a petition from Mr. Vogelpohl requesting deletion of the require- ment for sidewalks along both sides of Hialeah Path in The Highlands. Mr. Gretz said the staff recommendation is to require sidewalk along the west side of the street and delete it along the east side. Mr. Asleson said this Agreement was approved after the sidewalk ordinance was passed, but the developer installed the improvements. Now that CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1980 Page 3 houses have been built on some of the lots, the sidewalk installation will be difficult. Mr. Vogelpohl said he would be willing to give the City cash in lieu of installing the sidewalk. Several residents of the area were present and commented on the sidewalks. Palmer Sorenson asked who would pay for a retaining wall on his property because his front yard is very steep where the sidewalk would be located? He was told that if a retain- ing wall were necessary, it would be part of the project costs and paid by the developer. Bob Moon said he believes the sidewalk should be eliminated in the entire subdivision because of the location of the park, children would not use the sidewalk to get to it. Mr. Asleson said if this variance is approved, there will be requests from other devel- opers to delete sidewalks also and perhaps the entire sidewalk policy should be reviewed. Councilmember Holton said he believes the sidewalk policy should remain as it is. Coun- cilmember Savanick said if money is accepted in lieu of the sidewalk, it should be com- bined with the funds for the Heritage Hills area and used for a public purpose in the area. MOTION: of Kelly, seconded by Overgard, tabling consideration of a variance TABLE HIGHLANDS to delete sidewalks in The Highlands until an amount for cash in SIDEWALK VAR. lieu of the sidewalks has been negotiated. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution 1980-44 stat- ing the Council's intent to cooperate with Southview Acres for the purpose of placing industrial-commercial revenue bonds for construction of a long-term health care facility in the City. RES. 1980-44 SOUTHVIEW ACRES BONDING Mr. Harry Lemieux was present and said he has received good support for the proposed facility. The Metropolitan Health Board will be holding a hearing on April 23, 1980 at 6:00 p.m. If they are able to obtain the necessary approvals, he hopes to begin construction in July. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Garrison reviewed a request to spread assessments levied for Pennock Avenue im- provements in September of 1979 over a 15~year period instead of three years. Mr. Asleson reviewed the history of the Pennock improvements as detailed in his memo dated April 7, 1980. He also reviewed a 1977 Agreement with Carrollwood Properties in which they agreed to three-year assessments for improvements. The Mayor said the Council can keep the assessments on a three-year basis or respread them over 15 years, in which case the City would have to issue bonds to cover the refinancing. The developers could let the taxes and assessments go delinquent and pay the penalty and interest or borrow money to pay them and pay interest on it. MOTION: of Holton, seconded by Overgard, tabling consideration of the re- quest to extend the payment period of Assessments No 157 and 158, Pennock Avenue improvements, for longer than three years. TABLE PENNOCK ASSESSMENTS EXTENSION Dick Cottle and Bernard Herman, of Carrollwood Properties, were present and said they were requesting the time extension because they did not request the Pennock improvements, assessments on other parts of Pennock have been for 15 years, they do not intend to develop the apartment area until 1982 and do not consider this to be developing property. They also said that the hearing notice described their property on a metes and bounds basis CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1980 Page 4 and they did not recognize that it was included in the assessment when they received the hearing notice. Mr. Asleson said the description was correct because no plat was filed on the property and the address label included the parcel number. Vote was taken on the motion. Ayes - 5 - Nays - 0. (Councilmembers Kelly and Savanick left the room at this time.) MOTION: of Overgard, seconded by Holton, approving a Stipulation of Settlement with Steven D. Kurtz for $7,000 and authorizing the Mayor and City Clerk to sign it. Ayes - 3 - Nays - 0. SETTLEMENT WITH S.D. KURTZ Councilmembers Kelly and Savanick returned to the room.) MOTION: of Holton, seconded by Overgard, approving a one'year contract INTERNATIONAL with International Systems, Inc., for grants consulting set- SYSTEMS, INC. vices at a fee of $22,000, payable in installments, and refund- CONTRACT able if revenues of at least that amount are not obtained by the company for the City. Ayes .-4 - Nays - 0 (Kelly Abstained). MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980- 45 receiving a preliminary engineering report on Project 80-8, CEDO Addition improvements, waiving a public hearing on it at the request of the property owner and ordering Project 80-8. Ayes - 5 - Nays - 0. RES. 1980-45 WAIVE HEARING & ORDER PROJ. 80-8 RES. 1980-46 PLANS & SPECS PROJ. 80-8 MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980- 46 directing the Engineer to prepare plans and specifications for Project 80-8. Ayes - 5 - Nays - 0. The Council reviewed the minutes of a paratransit meeting held March 31, 1980 at Burnsville. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980- RES. 1980-47 47 agreeing to participate with the Cities of Burnsville, Eagan,COOPERATE ON Lakeville and Savage and the Metropolitan Council and Metro- PARATRANSIT politan Transit Commission in developing a paratransit program DEVELOPMENT to appoint two citizens from each community to work on the com- mittee. Ayes - 5 - Nays - 0. John Gretz has agreed to be the staff representative for the City on the paratransit committee. The Council said it would wait to appoint the two citizens to see if any individuals express an interest in serving on this committee. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980- RES. 1980-48 48 awarding the purchase of an articulated wheel loader to PURCHASE Ziegler, Inc., the low bidder meeting specifications on a total WHEEL LOADER cost bidding basis, at an equipment cost of $88,848.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, approving the changes in hour- ENGINEERING ly rates of Bonestroo, Rosene, Anderlik & Associates, Inc., RATE CHANGES effective May 1, 1980, as listed in the letter from Robert Rosene dated March 27, 1980. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1980 Page 5 Consideration of an amendment related to procedures for utility contracts was tabled. MOTION: of Kelly, seconded by Overgard, approving hiring tennis instructors HIRE TENNIS effective April 14, 1980, as follows: Denise Remak, Steve Remak INSTRUCTORS and Bruce Dahlke at $8.00 per hour and Kenneth Kaiser at $7.00 per hour. Ayes - 5 - Nays - 0. John Gretz said the Planning Commission will be considering approval of the Comprehensive Plan at its meeting of April 16, 1980, and this will be the last time any changes will be considered before it is sent to the Metropolitan Council for its review. If it is ap- proved on the 16th, the Council will receive it on April 24, 1980 and forward it to the Metropolitan Council. Mayor Garrison reviewed a request of the Dakota County Board for the Cities of Apple Valley and Burnsville to commit to sharing the maintenance costs and paying 100 percent of the operation costs of Lac Lavon if it is acquired as a park. Mr. Skelton, the property owner, has offered to give the County $100,000 for maintenance costs on the property when it is acquired. Today Mr. Skelton offered $50,000 each to Apple Valley and Burnsville for operation costs when the property is acquired. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980- 49 agreeing to negotiate with Dakota County and Burnsville on maintenance costs and assuming 100 percent of the operation costs with the City of Burnsville for Lac Lavon. RES? 1980-49 LAC LAVON COSTS Councilmember Savanick asked whether Mr. Skelton would be required to complete the end use plan for the area before the land is acquired? Mr. Asleson said he believes that would be a requirement. Don Romain said he believes the costs of Lac Lavon have been understated and it will not be an income producing facility. Councilmember Holton said he cannot support this resolution because of the restrictions placed on it by the County. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick) (Holton Abstained). Mayor Garrison said he has been invited to attend a promotion for the Heart Association campaign at Grossman Chevrolet in Burnsville at 9:00 a.m. on April 14, 1980, but will not be able to attend. Councilmember Kelly said she would attend for him. MOTION: of Kelly, seconded by Overgard, suspending the rules for appoint- ments to commissions and committees under Resolution No. 1979-199. Ayes - 5 - Nays - O. SUSPEND APPT. RULES URBAN AFFAIRS APPOINTMENT CLAIMS & BILLS MOTION: of Kelly, seconded by Overgard, appointing Shirley Doering to the Urban Affairs Committee. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, to pay the claims and bills, checks numbered 8994 through 9009 and 16970 through 17192, in the total amount of $644,923.92. Ayes - 5 - Nays - O. MOTION: of Kelly, seconded by Garrison, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:43 o'clock p.m.