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HomeMy WebLinkAbout08/14/1980CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held August 14, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly and Overgard; Clerk Asleson. ABSENT: Councilmember Savanick. 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 Overgard, seconded by Kelly, tabling consideration of the City TABLE CITY Administrator's annual review. Ayes - 2 - Nays - 2 (Garrison ADMIN. REVIEW and Hoiton). Motion Failed. MOTION: of Holton, seconded by Overgard, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Overgard, approving the minutes of the reg- JULY 24, 1980 ular meeting of July 24, 1980, as written. Ayes - 4 - Nays - 0. MINUTES MOTION: of Holton, seconded by Overgard, approving the minutes of the spe- JULY 31, 1980 cial meeting of July 31st, 1980, as corrected. Ayes - 4 - Nays - 0.MINUTES MOTION: of Kelly, seconded by Overgard, approving the minutes of the infor- AUG. 7, 1980 mal meeting of August 7, 1980, as written. Ayes - 3 - Nays - 0 MINUTES (Holton Abstained). MOTION: of Overgard, seconded by Holton, removing variances on the Meadows CONSENT AGENDA 4th Addition and 201 Garden View Drive to the regular agenda, adding Ice Arena fees and Change Order on Park Contract to the consent a- genda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-95 setting the 1980-81 ice rental rate at the Ice Arena at $55 per hour and approving the rental Agreement and authorizing the Mayor and Clerk to sign it. Ayes - 4 - Nays - 0. RES. 1980-95 ICE ARENA RENTAL RATE C.O. 1 ENEBAK PARK CONST. TRANS. MERC. LICENSE MOTION: of Overgard, seconded by Holton, approving Change Order No. 1 to the contract with Enebak Construction Company of an additional $1,500 for Project 80-10, Park Development Phase I, Part A. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving a transient merchant license for 1980 for Ed Solomonson to sell sweet corn at 132nd St. and Galaxie Avenue. Ayes - 4 - Nays - 0. The Council received a report from the Police Chief dated July 31, 1980 on stop signs on 140th Street as requested by the Council at its meeting of July 10, 1980. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Overgard, seconded by Holton, granting a temporary easement to the Minnesota Department of Transportation until December 1, 1985, for $200, over part of Lot 3 of Block 3 of Lebanon Hills First Addition. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, adopting Resolution No. 1980- 96 authorizing a change in the amount of the change fund at Liquor Store No. 1 and designating Bonnie Shea as custodian of the change funds at both stores. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, adopting Resolution No. 1980- 97 setting a public hearing at 8:00 p.m. on September 11, 1980 on Projects 80-1 and 80-14, County Road 42 construction, Utility crossings and storm sewer from Pennock to Rosemount. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, granting a waiver of platting and approving a building permit for First Federal Savings and Loan of Hastings on Lot 1 of Block 1 of Apple Valley Commercial Addition as recommended by the Planning Commission. Ayes - 4 - Nays ~. 0. of Overgard, seconded by Holton, granting a variance for a 25- foot frontyard setback for a garage addition at 13440 Fairlawn Court as recommended by the Planning Commission. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, granting a variance for a 25- foot frontyard setback for a house and garage addition at 137 Garden View Drive as recommended by the Planning Commission. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, granting a variance for a 23- foot setback from Holyoke Street for a house at Lot 1 of Block 1 of Palomino Lakeside Meadows 6th Addition Replat as recom- mended by the Planning Commission. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, accepting Project 79-9(1), Hunters Wood Utilities, as final and authorizing final payment on the contract with C.W. Houle, Inc. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, approving hiring Anthony Wein- haus for Forestry maintenance at $4.00 per hour effective July 14, 1980; Jeff Schoeller as an Ice Arena Supervisor at $3.25 per hour effective August 8, 1980; and Brenda Mateski and Janice Hanson as Building Attendants at $3.25 per hour effective August 4, 1980. Ayes - 4 - Nays - 0. of Overgard, seconded by Holton, approving hiring Jacquelyn Hip- ple for the position of Receptionist-Typist effective August 25, 1980, at a salary of $690 per month. Ayes - 4 - Nays - 0. MnDOT TEMP. EASEMENT FOR ROAD CONST. RES. 1980-96 LIQUOR PETTY CASH RES. 1980-97 SET CO. RD. 42 HEARING 1ST FEDERAL PLAT WAIVER & BLDG. PERMIT VARIANCE 13440 FAIRLAWN COURT VARIANCE 137 GARDEN VIEW DR VARIANCE 1-1 PAL. MEADOWS 6TH REPLAT FINAL PAYMENT PROJ. 79-9(1) HIRE PARTTIME EMPLOYEES HIRE HIPPLE RECEPTIONIST END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Page 3 Mayor Garrison called the public hearing to order at 8:08 p.m. on a residential street lighting system in North Apple Valley. John Gretz reviewed the location of the area which includes Apple Valley 1st, 2nd and 3rd Additions and Bob's Garden View 1st, 2nd, 3rd and 4th Additions. The system would have 75 100-watt decorative street lights on 12-foot poles. The cost of installation and power would be divided among 497 lots and is estimated to cost $6.65 per lot for the first 10 years. Of the $6.65 per quarter cost, $4.40 is for the lights and installation and would not change for 10 years; the $2.25 for power cost would be subject to rate increases from Dakota Electric. The Mayor noted receipt of the affidavit of publication of the hearing notice, and asked for questions and comments from the audience. (See details of questions and answers attached.) Councilmember Holton said the lights would be like those installed in Greenleaf 1st Addition if anyone wanted to look at them. After everyone present had been given an opportunity to comment, the Mayor closed the hearing at 9:00 p.m. MOTION: of Holton, seconded by Overgard, adopting Resolution No~ 1980-98 RES. 1980-98 ordering installation of a residential street lighting system in ORDER NORTH APPLE Apple Valley 1st, 2nd and 3rd Additions and Bob's Garden View 1st, VALLEY STREET 2nd, 3rd and 4th Additions. Ayes - 4 - Nays - 0. LIGHTS MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-99 approving Note No. 27 of the Academy Village Commercial Develop- ment Revenue Project and rescinding Resolution No. 1980-37. Ayes - 4 - Nays - 0. RES. 1980-99 ACADEMY VILLAGE NOTE NO. 27 John Gretz reviewed a proposed rezoning on the Southport property, on the southeast corner of County Road 42 and Cedar Avenue. The request is for B-1 (P.D.) zoning with B-4, B-1, I-1 and M-4 uses under a planned development agreement. Richard Winkler commented on the sidewalk and pathway requirements and said he would like these reviewed further. Mr. Gretz said these requirements follow the proposed pathway plan for the City. The Council dis- cussed proposed widths of various streets and whether or not parking should be permitted on the streets. MOTION: of Holton, seconded by Overgard, passing Ordinance No. 244 rezoning the property known as Southport from B-5 (P.D.) zoning to B-1 (P.D.) as recommended by the Planning Commission, subject to approval by this Council, within 90 days, of the planned development agreement required by Ordinance No. 162 and its execution by all appropriate parties. Ayes - 4 - Nays - 0. ORDINANCE 244 REZONING SOUTHPORT TO 8-1 (P.D.) SOUTHPORT P.D. AGREEMENT & PRELIM. PLAT MOTION:~ of Holton, seconded by Overgard, approving the preliminary plat of the property known as Southport, as recommended by the Planning Commission, and approving the Planned Development Agreement and authorizing the Mayor and Clerk to sign it. Ayes - 4 - Nays - 0. Mayor Garrison commented that the Economic Development Commission has recommended that 153rd Street and Galaxie Avenue, in the Southport area, be made priorities in the M.S.A. street plan for the City. MOTION: of Kelly, seconded by Holton, directing the Engineer to prepare a preliminary report on public improvements for the Southport area with Galaxie Avenue and 153rd Street shown as being 52 feet wide. Ayes - 4 - Nays - 0. PRELIMINARY REPORT SOUTH- PORT IMPROVMTS CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Page 4 The Council received a letter from William Barrott dated July 30, 1980, concerning Dominica Way in the Farquar Lake Addition. The Mayor noted the Council had three al- ternatives; do nothing, order a preliminary report on bituminous surfacing only for the road, or order a preliminary report on municipal sewer and water and bituminous surfacing for the road. John Gretz said if utilities were installed in the subdivision within the next 10 years, it would not be cost effective to only surface the road now because it would have to be removed for utility installation. Residents of the area, Mr. Rabe, Betty Ford and Mr. Hessli, were opposed to improvements to the road and said they do not want school buses to travel on the road. Mr. Barrott said he wants school bus service for his children. John Gretz said the gravel road can- not be maintained by the City, in its present condition, if bus traffic continues on the road. Without buses traveling on it, the road could be maintained in a reasonable condition. The potential of future utility improvements in the area was discussed and it was agreed it would be quite some time before this occurred. Mr. Huseby said his only objection to the road is it has blind corners and the speed limit should be reduced on it. Mr. Barrott asked that signs now in place saying "Road Closed" be changed to signs reading "Local Traffic Only". Mr. Asleson said street im- provements in the Woods Additions were about $1,200 per lot in Farquar Lake Addition because of large lot sizes and inflation. Mr. Barrott said because most of the residents in the area are opposed to any improvements, he would withdraw his request. MOTION: of Holton, seconded by Garrison, approving a Joint Powers Agree- VO-TECH AGREE- ment with the Dakota County Area Vocational Technical Institute MENT ON GOLF to design and construct a clubhouse for the City at a cost not COURSE CLUB- to exceed $35,000 and authorizing the Mayor and Clerk to sign the HOUSE Agreement. Councilmember Overgard questioned the reference to other consultants in paragraph 2 of the Agreement. Mr. Bassett said the instructor at the Vo-Tech is a registered archi- tech and has agreed to sign the building plans, but an extra fee should be paid to him because this would be beyond the scope of normal instructor's duties. He also said other consultants might be required, such as the City Engineer for site work, etc. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Overgard, accepting cash in the amount of $13,128.29 in lieu of sidewalks in The Highlands subdivision as approved on April 10, 1980. Ayes - 4 - Nays - O. CASH IN LIEU OF HIGHLANDS SIDEWALK MOTION: of Holton, seconded by Kelly, authorizing a credit of $4,000 for COBBLESTONES future park dedication requirements in the Cobblestones area to PARK DEDICATION settle a claim for damages by Carl Watrud related to 140th Street CREDIT construction and authorizing the transfer of $4,000 from the road fund to the park dedication fund for this purpose. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980-100 setting a public hearing at 8:15 p.m. on September 11, 1980, on Project 80-9, 140th Street construction from 135th Street to County Road 11. Ayes - 4 - Nays - 0. RES. 1980-100 SET HEARING PROJ. 80-9 Mayor Garrison suggested the Staff contact property owners and ask if they will waive their right to the public hearing so construction can begin. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Page 5 MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-101 RES. 1980-101 awarding the contract for Project 80-9 to McNamara-Vivant Contract- AWARD CONTRACT lng, the low bidder, in the amount of $123,068.30, subject to re- PROJECT~80-9 ceiving waivers of public hearing from property owners or holding the public hearing on September 11, 1980. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, authorizing Dakota Electric to re- pair 12 lights along the pathway in the Diamond Path area at a cost not to exceed $2,000 and adding annual power costs for the lights to residents' street lighting bills as recommended by the Park Committee. Ayes - 4 - Nays - 0. REPAIR DIAMOND PATH LIGHTS GARBAGE SERVICE QUESTIONNAIRE MOTION: of Overgard, seconded by Holton, approving the wording of a ques- tionnaireon garbage service as that shown on the draft received and authorize mailing it with sewer and water bills. Fred Merry, of the Urban Affairs Committee, was present and recommended the survey be mailed. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Kelly). Mayor Garrison reviewed the proposal in John Gretz's memo dated August 11, 1980 for a gravel operations review committee composed of two members of the public, two Planning Commission members and two owners of gravel operations. Councilmember Overgard was op- posed to the committee and would rather have Mr. Gretz meet with residents and gravel operators. Councilmember Holton agreed with the committee. Councilmember Kelly said she does not believe the committee is necessary. Richard Carlson said he has looked at the ordinance and believes the problem is enforce- ment. He has changed his opinion and does not believe the cammittee is necessary, but if one were formed, citizens should be included on it. Sherry Baldwin said a citizens information meeting would be helpful and it is important to have an agreement with Fischer for the 1981 season. Mr. Gretz said he would work with the operators to update agreements and would concentrate on the Fischer and Shakopee operations first because they are nearest to residential areas. Dan Settergren asked what attempt has been made to enforce the present ordinances? Mr. Asleson said the basic tools are updating the permits and getting agreements from the operators. MOTION: of Kelly, seconded by Overgard, directing John Gretz to meet with GRAVEL OPERATION the gravel operators on updating agreements and permits and dis- MEETINGS cuss any recommended changes to the ordinances, and to meet with residents and answer questions and inform them on the ordinances and report back to the Council on the progress by December 31, 1980. Ayes - 4 - Nays - O. Consideration of appointments to fill commission vacancies was tabled. MOTION: of Holton, seconded by Garrison, granting variances for a 15-foot rearyard setback and a 20-foot setback from Holyoke Path for a house on Lot 9, Block 1, Palomino Lakeside Meadows 4th Addition VARIANCE 9-1 PALOMINO L.S. MEADOWS 4TH CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Page 6 as recommended by the Planning Commission except no letter concur- ring with the variances is required from the owner of Lot 8. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Overgard, granting a variance for a five- VARIANCE 201 foot rearyard setback for a detatched garage at 201 Garden View GARDEN VIEW DR Drive subject to removing the existing single garage as recommend- ed by the Planning Commission. Ayes - 3 - Nays - 1 (Kelly). MOTION: of Overgard, seconded by Kelly, approving Option No. 4 on the Survey by the League of Minnesota Cities on financing of its building program. Ayes - 4 - Nays - 0. LEAGUE OF CITIES BLDG. PROGRAM The Council discussed changing the date of the September 17, 1980 budget meeting, but since no alternate dates were agreeable, it was not changed. Mayor Garrison reviewed the City Administrator's (Mr. Asleson) performance and suggested salary increases. Councilmember Kelly said she has not had time to review the infor- mation since she only received it August 13th and she is opposed to a contract for him. The Mayor said the contract was approved some time ago and is not the subject of discus- sion now, only the salary. The Mayor read his performance review of Mr. Asleson. MOTION: of Holton, seconded by Garrison, approving salary adjustments ASLESON SALARY for Richard Asleson, as recommended by the Mayor, effective REVIEW July 1, 1980; January 1, 1981; and July 1, 1981, and after Jan- uary 1, 1982, the salary adjustments would be made annually on January 1 of each year. The Council discussed the salary and comparisons with other cities in the metropolitan area. Vote was taken on the motion. Ayes - 2 - Nays - 2 (Kelly and Overgard). Motion Failed. Councilmember asked that this item be placed on the September 11, 1980, Council meeting agenda. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980- 102 appointing judges for the Primary Election on September 9, 1980. Ayes - 4 - Nays - 0. RES. 1980-102 APPOINT ELEC- TION JUDGES AGNES SCOTT SCHOOL DONATION MOTION: of Holton, seconded by Overgard, accepting the donation of the old school building, for historical purposes, from Agnes Scott in lieu of future park dedication for two lots shs owns on Cedar Avenue, Ayes - 4 - Nays - 0. Councilmember Overgard said she would like a policy on convention attendance outside the metropolitun area. She suggested administrative staff be sent to one state convention and one national convention every other year. The Council agreed to discuss this an- other time. MOTION: of Overgard, seconded by Holton, to pay the claims and bills, checks numbered 12684 through 12689, 18510 through 18586, 18596 through 18611, and 18670 through 18843,~in the total amount of $1,278,961.85. Ayes - 4 - Nays - 0. CLAIMS & BILLS CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Page 7 MOTION: of Kelly, seconded by 0vergard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:41 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Detail of Questions and Answers from Public Hearing on Street Lighting in North Apple Valley. James Niesen asked how power would be connected to the street lights? Mr. Gretz said it would be underground and easements would be needed along some side lot lines to run the power lines from the rear to the street. Mr. Niesen said he is concerned about future power cost increases. Kenneth Sangren asked what rate Dakota Electric would charge for street lights? Ed Brunkhorst, of Dakota Electric, was present and said there is a separate street light rate. It is slightly higher than the regular residential electric rate. Stephen Lane asked if the distance between lights is always 500 feet? Mr. Gretz said it is about 400 to 500 feet between lights. Lights are at intersections, ends of cul- de-sacs and then spaced about 500 feet in other areas. Mr. Lane asked who would pay for vandalism to lights? Mr. Brunkhorst said part of the street light electric rate takes into account repairs for vandalism damage and normal maintenance. If the vandal- ism became extreme, Dakota Electric might ask the City to pay for some damages but nor- mally this does not happen. Marge Bonin asked if the lights would be zig-zagged, on alternate sides of the street? Mr. Gretz said in most places, yes. Mrs. Bonin asked when construction would start? Mr. Brunkhorst said in September and most of it could probably be completed this fall. Mrs. Bonin asked how far the lights would be from the street? Mr. Brunkhorst said they are usually about five feet from the curb and where there is sidewalk, the light would be between the curb and the sidewalk. Mrs. Bonin siad they are concerned about damaging lawns and trees. Mr. Brunkhorst said there would be about a 24-inch deep trench along the side lot lines where lights are installed and the contractor he has talked with is very good about restoring dirt and sod. Kenneth Sangren asked if 12-foot tall posts are tall enough for the lights? Mr. Brunk- horst said yes. Hope Grantham asked if the parks are going to be lit also? Mike Bassett said two lights were installed in Redwood North Park and two lights were installed in Alimagnet Park but no other lights in parks are part of this project. Dan Settergren asked whether lights will be installed along County Road 42? Mr. Gretz said only along the service drive. James McAlister, of 141st Court, was opposed to a street light in his cul-de-sac. He was informed that it was not part of this proposal; he lives in a different area. James Niesen said he is opposed to the project. Marge Bonin asked if a light were planned to be in front of a person's house and they did not want it there, can it be moved to a neighbor's lot? Mr. Gretz said no, but in some cases it can be done if the neighbor would agree. He checked the plan and no light is proposed in front of Mrs. Bonin's house. Robert Meyers questioned the cost. It was explained. Hope Grantham asked about future storm sewer assessments in the area? Mr. Alseson said there will be costs assessed some day, but the amount is not known and it is not con- sidered a pending assessment now. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 1980 Page 2 Public Hearing Questions and Answers Continued Will Branning asked if sidewalks will be cut for the installation? Mr. Gretz said no, they will trench under the sidewalk. Mr. Brunkhorst explained the procedure. Mr. Branning said he was in favor of the project. Mr. Niesen asked if the City added any fees to the bills to the homeowners? Mr. Alseson said yes, five percent. James Stephens said he was opposed to the lights. Stephen Lane asked if the Police Department has made a recommendation on the lights? Mr. Gretz said not officially, but they have said it would assist them in locating addresses at nights and in finding prowlers and cut down on vandalism.