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HomeMy WebLinkAbout07/24/1980CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 24th, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly, Overgard (attended at 8:05 p.m.), 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 Savanick, seconded by Holton, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - O. MOTION: of Molton, seconded by Kelly, approving the minutes of the meeting of July 10, 1980, as written. Ayes - 4 - Nays - O. JULY 10, 1980 MINUTES CONSENT AGENDA MOTION: of Holton, seconded by Savanick, approving all items on the con- sent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving a waiver of platting di- PLAT. WAIVER viding Lots 1, 2 and 3 of Block 3 of Cobblestones I into six par- COBBLESTONES I cels as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, granting a variance of 15 feet to the rearyard setback for a house addition on Lot 2 of Block 3 of Palomino Hills Lakeshore Addition as recommended by the Planning Commission. Ayes - 4 - Nays - O. VARIANCE 485 RIMROCK DR. PLAT. WAIVER CEDAR KNOLLS RES. 1980-89 DEEP WELL 9 DIAMOND PATH 7TH ADDITIONAL AGREEMENT CHEERLEADERS TRANS. MERC. LICENSE PUBLIC OFFICIAL LIABILITY INS. MOTION: of Holton, seconded by Savanick, approving a waiver of platting fo construct a single family detatched dwelling on part of Lot 2 of Block 19 of Cedar Knolls as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1980-89 directing the Engineer to prepare plans and specifications for Deep Well No. 9. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, approving an agreement for Diamond Path 7th Addition guaranteeing improvements in the connnon area of the subdivision and authorizing the Mayor and Clerk to sign it sub- ject to receipt of a bond in the amount of $108,125. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Savanick, approving a transient merchant license for the Apple Valley Cheerleaders for a period of five years to sell fund raising items. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving placing the City's pub- lic official liability insurance with Midland Insurance Company at an annual premium of $2,591, the low quotation, through Paul Hell. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1980 Page 2 MOTION: of Holton, seconded by Savanick, approving promotion of Yvonne Buck to the position of Accounting Clerk effective August 11, 1980, at a salary of $761 per month. Ayes - 4 - Nays - 0. PROMOTE BUCK · ACCT. CLERK GRONHOLZ TENNIS INSTRUCTOR MOTION: of Holton, seconded by Savanick, approving hiring Sharon Gron- holz as a Tennis Instructor at the Sports Arena at a salary of $3.25 per hour. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring Barbara Gretz B. GRETZ SUB. as a substitute Secretary for commission and committee meetings SECRETARY at a salary of $25.00 per meeting. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS Councilmember Overgard attended at this time. Mike Bassett reviewed his report dated July 18, 1980, concerning allocation of ice time at the arena for the Apple Valley Hockey Association and the Rosemount Hockey Associa- tion. The recommendation is that the AVHA include the entire City within its service area because most of the children participating in the program attend middle schools located in Apple Valley, but that the two associations reach an agreement allowing the children to participate in either program. MOTION: of Holton, seconded by Kelly, giving the Apple Valley Hockey Association first priority for reservation of ice time and Rosemount Hockey Association second priority for 1980-81 and subsequent seasons at the Arena, as recommended in Mike Bas- sett's memo dated July 18, 1980. Ayes - 5 - Nays - O. ARENA ICE TIME ALLOCATION MOTION: of Overgard, seconded by Kelly, approving the installation and ICE IN - ICE removal of ice at the Arena as follows: from October 16, 1980, OUT AT ARENA through March 15, 1981, and from October 15, 1981 through March~15, 1982. Ayes - 5 - Nays - 0. Mayor Garrison reviewed the history of gravel operations in the City. Mr. Asleson re- viewed his report dated July 21, 1980 on the history and current status of gravel oper- ations and recommendations for the future. The Mayor read the recommendations on pages 5 and 6 of the report including forming a task force to study and develop a model im- plementation agreement for gravel operations. Councilmember Overgard asked that before forming a task force, the Council meet with the gravel operators to establish and understand the problems. The Council discussed this and agreed to cover the other agenda items on gravel operations before making a decision on it. Mr. Asleson reviewed his report, dated July 21, 1980, on the Northwestern Gravel-Lac Lavon property. An agreement covering the operation was approved in 1967 and excavation was completed in 1976. Clean up work remains and no time period for this was included in the agreement. After viewing the site, Mr. Asleson said there is a large hole at the end of Garden View Drive, caused by the Longridge development, that is a safety hazard and will be corrected tomorrow. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1980 Page 3 The questions concerning the Northwestern Gravel-Lac Lavon site result from ordinances which were passed after the 1967 agreement was approved. Jim Sheldon said basically once an agreement is made, subsequent Council action cannot unilaterally change it without agreement on both sides. Mayor Garrison gave members of the SAVE Committee an opportunity to comment. Will Branning said the concern is with the gravel pit now being abandoned and not restored. Erwin Ulrich, Jr., showed photographs of the Northwestern Gravel-Lac Lavon site. Mr. Branning cited sections of Ordinance No. 162 referring to removal of buildings and land- scaping. Mr. Asleson said that some of this language is the reason he recommends re- viewing the ordinances on gravel operations by a task force. Mayor Garrison commented that when the area is developed, it will have to be regraded for building sites and cleaned up. Mr. Branning said the concern is also the possibility of five other gravel operators in the City abandoning their sites when they complete excavation. Councilmember Savanick said the Council's concern should be the health, safety and wel- fare of the citizens and whether the lake with its slopes is safe in the City. Mr. Branning and Gary Humphrey spoke on enforcement of the existing ordinances. Don Romain commented on considering the safety factor of the lake. Mr. Settergren questioned en- forceability of City ordinances. Jim Sheldon said a separability clause in ordinances insures that if part of an ordinance is found to be invalid, it does not affect any other parts. Grady Butts asked if there is nothing residents can do to control gravel operators? The Mayor said the problems lie between the ordinances and various contracts and the Council will be working on them. MOTION: of Overgard, seconded by Kelly, setting a special informal Council SPECIAL MEETING meeting at the Lac Lavon site on Thursday, July 31, 1980, at 7:00 AT LAC LAVON p.m. to review the area. Ayes- 5 - Nays - 0. The Mayor said each of the Councilmembers should tour the area personally before the meeting so specific problems can be reviewed. The Council received a memo dated July 21, 1980, from Mr. Asleson on the Shakopee Sand and Gravel operation. Mayor Garrison reviewed the history of it and said it has now been purchased by Fischer. He also reviewed a map showing end use zoning on the pro- perty. The Council received a memo dated July 24, 1980, from Mr. Asleson and a letter from Ray Fischer dated July 24, 1980 and Mr. Asleson read the letter. Councilmember Overgard addressed concerns of the residents around the area on removing hills referred to in the agreement at this time. Mr. Asleson said the hills will not be disturbed this year, but when development occurs, the area shown on green on the map will be graded for streets, utilities and housing sites. Richard Carlson presented a petition from the residents expressing concern on the mining. He asked what the City would do if excavation continued into~the green area? Mr. Asleson said the City would seek an injuction to stop it, but Mr. Fischer has agreed not to excavate in that area. Mr. Carlson also said that at the south end of Findlay Avenue junk vehicles have been abandoned. Mr. Asleson said this would be looked into. Mr. Carlson also asked what is~the balance of the 1980 operating season? Mr. Asleson said it meant until the ground freezes this year as it relates to excavation. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1980 Page 4 Dave Young questioned noise control. John Gretz said the PCA is bringing out a noise monitor August 6, 1980, and will train a City staff member to use it and allow the City to keep the monitor for a while so readings can be taken at various times. Richard Carlson questioned dust control also. John Gretz said the ordinance requires that dust be controlled on any unpaved access roads. Elizabeth Carlson asked whether the berm would be reseeded. Mr. Gretz said it probably would need reshaping before seeding. Councilmember Holton asked whether it would be desirable to the residents for Findlay Avenue to be extended south to 140th Street at this time? Mr. Carlson said probably not because the high mounds, which would have to be removed to build the road, help as a noise barrier. Mr. Asleson said item 3 of his July 24, 1980 memo could be considered satisfied. Mike Sexton commented on his family living in Dakota County for 98 years and losing some property rights over the years as the area developed and same should be true for gravel operators. Mary Ann Sexton asked that dust pollution be considered as a pro- blem also. Martha Griesbach asked if the green area along 137th Street will remain? Yes, MOTION: of Overgard, seconded by Kelly, directing staff to send copies of Ordinances 162 and 84 to each gravel operator in the City a- long with a letter asking to set up a meeting with the Council within 30 days. Ayes - 5 - Nays - 0. MEETING WITH GRAVEL OPERATORS SET MEETING DATE MOTION: of Overgard, seconded by Holton, setting a special informal meeting with the gravel operators on August 7, 1980, at 8:00 P.M. at the City Hall. Ayes - 5 - Nays - 0. Mayor Garrison reviewed a petition from Knutson Rubbish Service requesting the Council to allow curbside rubbish pickup in the City of specific days. He also read a question- naire sent by the rubbish haulers to their customers. Rick Knutson outlined cost in- creases the haulers have faced during the past year; gasoline, sanitary landfill, equip- ment, etc. He presented articles written about other cities and the cost reductions resulting from curb service. He said White Bear Lake has recently implemented it and have had minimal problems. The Council discussed that even if curb service were allowed, there is no guarantee rates would not increase. Councilmember Kelly commented on the Cities of Austin and Rochester where financial data on the rubbish haulers' businesses and other restrictions are required before licenses are issues. Larry Knutson commented on the results of the serveys and said the customers would rather have curb service than pay additional service fees. MOTION: of Savanick, seconded by Holton, directing the staff to prepare a questionnaire on rubbish removal and curb service and send it to residents with utility bills. Ayes - 5 - Nays - O. SEND RUBBISH QUESTIONNAIRE Mayor Garrison reviewed the proposed location of Southview Acres Health Care Center on Lots 1, 2 and 3 of Block 5 of Apple Valley Commercial Addition and a 1967 agreement with CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1980 Page 5 Land Holding Company on this property. Mr. Alseson read a proposed resolution which would allow Southview Acres to acquire the land and satisfy Land Holding Company's obligations under the 1967 agreement. Harvey Kaplan, representing Land Holding Company, and Howard Knutson, representing Harry Lemieux of Southview Acres, were present and agreed they could work out the terms of an agreement outlined in the proposed resolution. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-90 directing the City Attorney to prepare an agreement concerning Lots 1, 2 and 3 of Block 5 of the Apple Valley Commercial Addi- tion for acquisition by Southview Acres Health Care Center as a nursing home site. RES. 1980-90 SOUTHVIEW ACRES SITE MOTION: of Savanick, seconded by Holton, amending the above motion by de- leting paragraph number 2 from the proposed resolution. Ayes - 1 (Savanick) - Nays - 4. Vote was taken on the original motion~ Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving a building permit for SOUTHVIEW ACRES Southview Acres Health Care Center on Lots 1, 2 and 3 of Block BUILDING PERMIT 5 of Apple Valley Commercial Addition and a variance in the number & VARIANCE parking spaces subject to an agreement to provide additional park- ing if requested to do so by the City as recommended by the Plan- ning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, authorizing transmitting the com- COMP. PLAN merits contained in the memo from John Gretz dated July 18, 1980 to AMENDMENTS the public hearing on July 31, 1980 on the proposed Metropolitan COMMENTS Council Plan Amendment Guidelines. Ayes - 5 - Nays - O. The Council received a report from John Gretz, dated July 21, 1980, on the July 15, 1980 storm and complimented all involved (police, fire, City employees) on their handling of the situation and the clean up. Mayor Garrison read a letter from R.D. Novak, dated July 18, 1980, and asked that it be forwarded to the local newspapers subject to Mr. Novak's approval. MOTION: MOTION: of Overgard, seconded by Kelly, authorizing City employees to con- STORM CLEAN UP tinue picking up debris on the boulevards until August 8, 1980 and & PERMIT FEES waiving the City!s portion of building permit fees for storm rela- ted repairs and refund those collected thus far except for state surtax. Ayes - 5 - Nays - 0. of Kelly, seconded by Overgard, adopting Resolution No. 1980-91 approving plans and specifications for Project 80-13, Palomino water reservoir painting, and authorizing advertisement for bids to be received at 2:00 P.M. on August 21, 1980. RES. 1980-91 PROJ. 80-13 PLANS & BIDS Ayes - 5 - Nays - O. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-92 setting a public hearing on Project 80-14, County Road 42 im- provements from Pennock to Diamond Path, at 8:00 p.m. on August 28, 1980. Ayes - 5 - Nays - 0. RES. 1980-92 PROJ. 80-14 HEARING CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1980 Page 6 Financing alternatives for the proposed trail plan was tabled. MOTION: of Overgard, seconded by Holton, approving a refund of $3,200 to Rodger Finke for an on-sale liquor license application which was withdrawn. Ayes - 5 - Nays - 0. REFUND LICENSE APP. FEE NAT'L LEAGUE OF CITIES CONVENCTION RES. 1980-93 PROJ. 80-11 CONTRACT AWARD MOTION: of Overgard, seconded by Kelly, authorizing the City Admin- istrator and one Councilmember to attend the National League of Cities Convention in Atlanta from November 29 to December 3, 1980. Ayes - 5 - Nays - O. MOTION: of Overgard, seconded by Kelly, adopting Resolution NO. 1980- 93 awarding the contract for Project 80-11, 140th Street im- provements between Cedar and Garden View, to McNamara Vivant Contracting, the low bidder, in the amount of $168,477.50. Ayes - 5 - Nays - 0. The Council received the final report on the City Hall Expansion Project dated July 15, 1980. MOTION: of Holton, seconded by Overgard, authorizing a retainage reduc- PUMPHOUSE 8 tion to three percent of the amount earned on the H & H Enter- PAYMENT prises, Inc., contract for construction of Pumphouse No. 8 as RETAINAGE recommended by the City Engineer. Ayes - 5 - Nays - 0. The Council discussed the proposed 1981 Budget calendar and Councilmember Savanick asked that the informal meeting to review the Budget be held on September 17, 1980 at 7:00 p.m. MOTION: of Overgard, seconded by Kelly, approving hiring Carol Bonelli as a parttime Secretary for taking commission and committee minutes effective August 5, 1980, at a salary of $25.00 per meeting. Ayes - 5 - Nays - 0. HIRE BONELLI PARTTIME SEC'Y MOTION: of Kelly, seconded by Overgard, to pay the claims and bills, CLAIMS & BILLS checks numbered 12668 through 12683, 18210 through 18229~, 18231 through 18317, 18332 through 18705 and 18414 through 18500 in the total amount of $2,823,473.96. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, to adjourn. Ayes- 5 - Nays - 0. The meeting was adjourned at 12:57 o'clock a.m.