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HomeMy WebLinkAbout05/08/1980CITY OF APPLE VALLEY Dakota County, Minnesota MAY 8, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 8, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly, Overgard and Savanick; Deputy Clerk Mueller. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Overgard, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA APRIL 24, 1980 MINUTES CONSENT AGENDA MOTION: of Overgard, seconded by Kelly, approving the minutes of the meet- ing of April 24, 1980, as written. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, tabling consideration of mileage allowance, adding Youth Conservation Program, wood utilization grant, Project 76-10, purchase order for storm sewer work and pre- liminary report on 140th Street to the consent agenda and approv- ing all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Kelly, authorizing implementation of a Youth Conservation Community Improvement Program funded by CETA and approving hiring Glenn LaChapelle as an Industrial Arts In- structor effective June 2, 1980, at $10.00 per hour and Steve Peterson as CETA Supervisor effective May 12, 1980, at $5.50 per hour. Ayes - 5 - Nays - 0. IMPLEMENT YOUTH CONSERVATION PROGRAM MOTION: of Overgard, seconded by Kelly, approving an application for a grant FORESTRY GRANT of $18,665.13 for Wood Waste Disposal and Utilization and authoriz- FOR WOOD WASTE ing submitting it to the Minnesota Department of Agriculture. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving hiring Mark Nielson as a Tennis Instructor at $5.00 per hour effective May 1, 1980; Martha Hudson as a Pool Attendant at $2.61 per hour effective May 5, 1980; Paul Neiberg for Utilities maintenance at $4.00 per hour effective May 27, 1980; Mark Mardell for Park maintenance at $4.00 per hour effective May 19, 1980; and Galen Anderson for Forestry maintenance at $3.50 per hour effective May 12, 1980. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980-54 con- RES~ 1980-54 firming the appointments of Fire Department officers by the Fire FIRE DEPT. Chief of Ralph Dunkle as Assistant Fire Chief; Joseph Dvorak, Wil- OFFICERS liam Kelly and Deane Running as Captains; and John Field, Roland Lindeman and Roy Neilsen as Lieutenants. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1980 Page 2 MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980-55 accepting Project 76-10, Alimagnet Storm Sewer Outlet, from G.L. Contracting, Inc.~ in the final amount of $112,843.85, subject to a deduction of $2,000 for liquidated damages and authorizing final payment of $10,611.88. Ayes - 5 - Nays - 0. RES. 1980-55 PROJ. 76-10 FINAL ACCEPT. & PAYMENT STORM SEWER AT 141ST & GARDEN VIEW RES. 1980-56 PROJ. 80-11 PLANS & SPECS VARIANCE LOT 13 BLK 1, CHATEAU ESTATES MOTION: of Overgard, seconded by Kelly, authorizing storm sewer work at 141st Court and Garden View Drive and approving a purchase order to Fischer Construction, low quotation for the work, in the a- mount of $6,950.00. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980-56 receiving the preliminary engineering report on Project 80-11, upgrading 140th Street from Cedar Avenue to Garden View Drive, and directing the Engineer to prepare plans and specifications for it. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, granting a variance for a rear yard setback of 15 feet for a house on Lot 13, Block 1, Chateau Estates, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving an amendment to the De- AMENDMENT TO velopment Agreement for Hamlet I allowing sidewalk construction HAMLET I along Outlot B to be done when it is developed and allowing the AGREEMENT developer to construct 142nd Street and authorizing the Mayor and Clerk to sign the amendment. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving Change Order No. 1 to the contract with Encon Utilities for Project 78-11(1), Carroll- wood Village 4th Utilities, of an additional $3,372.00. Ayes - 5 - Nays - 0. C.O. 1 TO PROJECT 78-11(1) MOTION: of Overgard, seconded by Kelly, approving a transient merchant li- COUNTRYSIDE cense for Country Side Products to sell meat products at 145th PROD. TRANS. Street and Cedar Avenue in 1980. Ayes - 5 - Nays - 0. MERC. LICENSE MOTION: of Overgard, seconded by Kelly, approving a transient merchant li- CHAPMAN PROD. cense for Chapman Food Products IV to sell meat products at County TRANS. MERC. Road 42 and Garden View Drive in 1980. Ayes - 5 - Nays - 0. LICENSE END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-57 setting a public hearing at 8:00 p.m. on June 9, 1980, on an ap- plication from Marlo Neuleib for industrial revenue bond finan- cing of two office buildings to be constructed in Valley Commer- cial Park 2nd Addition. RES. 1980-57 REV. BOND PUBLIC HEARING It was noted that this hearing is being set before the City has approved any building permits for the project because, under the laws for issuing tax exempt bonds, only development costs incurred after a preliminary resolution has been passed can be paid by the bond proceeds. Councilmember Savanick said the procedures for handling revenue bond financing requests in Resolution No. 1979-84 should be revised to take this into consideration. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1980 Page 3 A representative of Miller & Schroeder Investment Corporation was present and distributed revised information on the project. Both office buildings will be built on Lot 13 of Block 8 of Valley Commercial Park 2nd Addition and the financing request has been revised to $600,000. The buildings will be only for office use and will not include retail sales. Vote was taken on the motion. Ayes - 5 - Nays - O. Mike Bassett distributed financial information on the park development program. He re- viewed the revenue received from the bond sales and the expenditures to date and projected for the remainder of 1980. He said the figures show that $891,701.18 is available for construction in 1980. Mr. Bassett reviewed the bids received on April 28, 1980, for the five different proposals in the park development program. He said because the bids on Proposal C, play area and equipment construction, and the one bid on Proposal D, lighting, were so much higher than the estimates, the Park Committee has recommended rejecting these bids. Harold Skjelbostad, of InterDesign, was present and said the plans for Proposal C should be revised into a couple of smaller contracts and rebid. He said Proposal D would be re- viewed and possibly the City could buy the light fixtures and take bids on only the in- stallation. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-58 awarding a contract for Proposal A, grading and underground utili- ties, in the amount of $205,217.00 to Enebak Construction; Propos- al B, tennis court construction, in the amount of $148,737.00 to Bituminous Roadways; and Proposal E, irrigation, in the amount of $19,005.00 to Aqua Engineering, the low bidders, and rejecting all bids received for Proposals C and D of the Park Improvment Project 80-10. Ayes - 5 - Nays - 0. RES. ~980-58 pROJ. 80-10 PARK IMPROVEMENT CONTRACTS Consideration of liquor store job description and organization chart revisions was tabled until the May 29, 1980 meeting. MOTION: of Savanick, seconded by Holton, passing Ordinance No. 237 prohib- iting the possession, manufacturing, delivery and advertisement of drug paraphernalia in the City. Ayes - 5 - Nays - 0. ORDINANCE 237 PROHIBIT DRUG PARAPHERNALIA MOTION: of Kelly, seconded by Overgard, passing Ordinance No. 238 estab- ORDINANCE 238 lishing an absentee ballot precinct, for all elections in the City, ABSENTEE BALLOT at which all absentee balots will be counted. Ayes - 5 - Nays - O. PRECINCT The Council received notification from the City of Eagan of three development proposals for land covered by the Zoo Area Development Guide which it will be considering at a meeting on May 20, 1980. The proposals are Safari Shopping Center, Ridge Cliffe Addition and Diamond T Ranch. The Council agreed to receive this information only and make no comments on it as recommended by the Planning Commission. MOTION: of Kelly, seconded by Overgard, accepting the resignation of Ronald HUGHES PLANNING Hughes from the Planning Commission effective June 1, 1980.and di- COM. RESIGNATION recting the Mayor to send a letter of appreciation to him. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1980 Page 4 Councilmember Kelly said a notice of the vacancy on the Planning Commission should be published in the next issue of the "Council Table" newsletter, and applicants should be interviewed before filling the vacancy. She also asked the reporters to publish infor- mation on the vacancy in their newspapers. MOTION: of Overgard, seconded by Kelly, to bring the request for deleting sidewalk in Oak Ridge Park, tabled at the April 24, 1980 meeting, back for reconsideration. Ayes - 4 - Nays - 1 (Savanick). RECONSIDER OAK RIDGE PARK SIDEWALK MOTION: of Overgard, seconded by Kelly, releasing Northland Mortgage from the obligation of installing sidewalk in Oak Ridge Park and accept- ing cash in the amount of the sidewalk construction costs to be used on improvements in that area in the future. Councilmembers Holton and Savanick said they would like to tour the area before making a decision and look at the proposed sidewalk location. Jim Sheldon said the Council should be cautious in accepting cash in lieu of improvements specified in agreements because it is questionable whether this is a legally appropriate practice. MOTION: of Savanick, seconded by Holton, tabling consideration of deleting sidewalk in Oak Ridge Park until the meeting of May 29, 1980. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Motion Failed. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Holton and Savaniok). Councilmember Savanick said any articles for the next issue of the "Council Table" news- letter should be submitted by May 23, 1980. She said the newsletter is planned to be mailed by June 16. Mayor Garrison'said Ray Skelton has offered to lease the buildings at the gravel pit site by Lac Lavon to the City for one year at free rent subject to the City providing general liability insurance and the cost of utilities. Mr. Skelton would furnish fire insurance on the buildings. MOTION: of Overgard, seconded by Holton, authorizing leasing buildings LEASE SKELTON from Ray Skelton for one year, rent free, subject to Staff work- BUILDINGS ing out the terms of the lease. Ayes - 5 - Nays - O. Mayor Garrison said the Southview Acres proposal for a long term health care facility in the City has been approved by the Human Services Board and is now under consider- ation by the Metropolitan Council. Councilmember Overgard said a trails plan, including sidewalks, needs to be prepared and she suggested referring it to the Community Development Department and Planning Commission. MOTION: of Overgard, seconded by Savanick, directing the Community De- TRAILS & velopment Department and Planning Commission to prepare a SIDEWALK trails, plan for the City including a sidewalk policy and loca- PLAN tions. Ayes - 5 - Nays - 0. The Council asked John Gretz to give a status report on the trails plan at its first meeting in July. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 1980 Page 5 Councilmember Kelly said a letter has been sent to Mr. Fischer concerning the sand pile at Galaxie Avenue and 140th Street and the equipment stored at the northwest corner of Galaxie Avenue and County Road 42. She said if these items are not taken care of in 20 days, further action will have to be taken by the Council. John Gretz said the County has painted stripes at the intersection of Cedar Avenue and 140th Street to delete left turning movements. Councilmember Kelly said this inter- section should be better defined and asked him to look at it a report back at the next meeting. Mayor Garrison said he met with Dr. Droegemueller and Mr. Bergquist on school construction at the Scott Highlands Middle School and the Senior High School addition. He said there will be room for a hockey rink and warming house at the Middle School site. He also said the High School will have baseball and soccer fields constructed and an expansion of the parking lot was approved and award of a contract was pending. Mayor Garrison said Don Herfort has reviewed the golf course and will now be preparing his written report. ~ MOTION: of Savanick, seconded by Holton, approving the claims and bills, checks numbered 9020 through 9026, 17292 through 17334, 17336 through 17370 and 17380 through 17504, in the total amount of $1,578,970.42. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Overgard, seconded by Kelly, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:23 o'clock p.m.