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HomeMy WebLinkAbout08/28/1980CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 28th, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Councilmembers Holton, Kelly, Overgard and Savanick; Clerk Asleson. ABSENT: Mayor Garrison. Acting Mayor Holton 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 Savanick, approving the agenda for tonight's APPROVE AGENDA meeting as amended. MOTION: of Overgard, seconded by Kelly, amending the above motion by re- moving consideration of a four-year term for the office of Mayor from the agenda. Ayes - 2 - Nays - 2 (Holton and Savanick). Motion Failed. Vote was taken on the original motion. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving the minutes of the meet- AUG. 14, 1980 ing of August 14, 1980, as written. Ayes - 3 - Nays - 0 (Savanick MINUTES Abstained). MOTION: of Overgard, seconded by Savanick, removing streetilighting in Greenleaf 2nd to the regular agenda, adding the resolutions ap- proving radio equipment at the Palomino water tower and adver- tising for bids on Deep Well No. 9 to the agenda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- 103 authorizing Apple Valley Repeater Association to place radio equipment at the Palomino Hills water tower. Ayes - 4 - Nays - O. RES. 1980-103 RADIO EQUIP. AT WATER TOWER BLDG. PERMIT ACADEMY VILLAGE PLAT. WAIVER HIDDEN PONDS VARIANCE 7-1 PALOMINO 7TH VARIANCE 901 ORIOLE DRIVE MOTION: of Overgard, seconded by Savanick, approving a building permit for a fourplex on Lot 11 of Block 3 of Academy Village as recom- mended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded~!by Savanick, granting a waiver of platting on Lots 10 and 11 of Block 1 of Hidden Ponds, dividing each lot into two parcels, as recomended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving a variance for a frontya~d setback of 25 feet for a house on Lot 7 of Block 1 of Palomino Hills 7th Addition as recommended by the Planning Con~ission. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by Savanick, approving a variance for a garage addition with construction up to the side property line at 901 Oriole Drive as recommended by the Planning Commission. Ayes - 4 Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 1980 Page 2 MOTION: of Overgard, seconded by Savaniok, adopting Resolution No. 1980- 104 approving plans and specifications for Project 80-15(1), Deep Well No. 9 Drilling, and authorizing advertisement for bids to be received at 2:00 P.M. on September 23, 1980. Ayes - 4 - Nays - 0. RES. 1980-104 WELL NO. 9 DRILLING BIDS RES. 1980-105 AWARD PALOMINO TOWER PAINTING STELZEL-SEED PONDING AGREEMENT MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- 105 awarding the contract for Project 80-13, painting the Palo- mino Water Reservoir, to A & B Industries, the low bidder, in the amount of $48,380.00. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving an agreement with Gerald Stelzel and the Fred M. Seed Living Trust of 1979 for storm water ponding in the Essex Avenue area, west of Pilot Knob Road. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving payment of $3,371.25 HAEFS CLAIM to Haefs Brothers in settlement of a 1973 crop damage claim result-SETTLEMENT ing from the East Sewer Trunk construction. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, authorizing the sale of a used police car to the City of Mendota Heights for $2,875.00. Ayes - 4 - Nays - 0. SELL SQUAD TO MENDOTA HGTS. HIRE PARTTIME EMPLOYEE MOTION: of Overgard, seconded by Savanick, approving hiring John Ulness as a parttime supervisor at the Arena effective August 28, 1980, at a salary of $3.50 per hours. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS Acting Mayor Holton read a Proclamation proclaiming the week of September 1 through September 6, 1980 recognition week of the West Dakota County League of Women Voters. He also noted that the League had presented a flag to the City today. Acting Mayor Holton called the public hearing to order at 8:07 p.m. on the proposal of Southview Acres Health Care Center, Inc., for industrial revenue bond financing for a nursing home and noted receipt of the affidavit of publication of the hearing notice. Harry Lemieux, of Southview Acres, said the original request was for $8.5 million in financing for the total project. Bids received on the apartment portion of the project were higher than they anticipated and they are reviewing those plans. He said they wish to proceed with the nursing home portion and are requesting approval of the $4.5 million in financing for it now. First Federal of Minneapolis will be working with them on the financing, and they plan to start construction in September. There were no other questions or comments and the hearing was closed at 8:12 P.M. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980-106 granting preliminary approval of $4.5 million industrial revenue bond financing to Southview Acres Health Care Center, Inc., for a 200-bed nursing home and removing reference to the elderly housing facility. Ayes - 4 - Nays - 0. RES. 1980-106 SOUTHVIEW ACRES IND. REV. BONDS ORDINANCE 245 FIREARMS MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 245 regula- ting firearms and other devices in the City, as recommended by the Urban Affairs Committee. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 1980 Page 3 Walter Haussner, a resident, was present and said he agreed with the ordinance and be- lieved it is one the citizens can live with. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mike Bassett said designs for the golf course clubhouse By the Vo-Tech students have been reviewed and three were selected for further consideration. He showed the Council the three preliminary designs. More detailed work will be done on the plans and materials lists prepared and be presented to the Council at its next meeting. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980-107 awarding the contract for Project 80-10(2), Park Shelter Buildings, to Leibfried Construction, the low bidder, as recommended by the Park Committee, with Alternates 2, 3 and 9, for a total of $95,165.00. Ayes - 4 - Nays - O. RES. 1980-107 AWARD PARK SHELTER BLDG. CONTRACT STREET LIGHT REPORT GREEN- LEAF 2ND, 3RD AND 4TH STREET LIGHT PRELIMINARY REPORTS PRELIM. APPROV- AL NEULEIB OFFICE BLDG. RES. 1980-108 NEULEIB IND. REVENUE BONDS DENY HERITAGE HILLS 7TH MOTION: of Savanick, seconded by Overgard, receiving a petition for street lighting in Greenleaf 2nd Addition and direction.preparation of a preliminary report on street lighting in Greenleaf 2nd, 3rd and 4th Additions. Ayes ~. 4 - Nays - O. MOTION: of Savanick, seconded by Overgard, directing the preparation of pre- liminary reports on street lighting, by geographical areas, in plat- ted portions of the City which do not now have street lights and a study of lights along thoroughfares to be received by March of 1981. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by Kelly, granting preliminary approval of a building permit for an office building on Lot 13 of Block 8 of Val- ley Commercial Park 2nd Addition for Marlo Neuleib as recommended by the Planning Commission. Ayes - 4 - Nays - O. Ken Norwich, of Miller & Sehroeder, representing Mr. Neuleib, was present. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980-108 granting preliminary approval of $600,000 industrial revenue Bond financing to Marlo Neulieb for an office building on Lot 13 of Block 8 of Valley Commercial Park 2nd Addition. Ayes - 4 - Nays - O. MOTION: of Overgard, seconded by Savanick, approving the final plat and de- velopment agreement for Heritage Hills 7th Addition. Ayes - 0 - Nays - 4. Motion Failed. Acting Mayor Holton reviewed the request of Fischer Sand & Gravel for permission to oper- ate until 10:00 P.M. for 30 days at the Shakopee Gravel site. Jerry Duffy, representing Fischer, said the pit on County Road 42 will not be operating while a gasoline pipeline is relocated across the property and the extra hours at the Shakopee site are requested so they can stockpile material for the winter Season. Rick Carlson said he polled neighbors in the vicinity of the Shakopee site and the response was about 50-50, but he personally agreed with the extended hours. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 1980 Page 4 Councilmember Savanick questioned the hourly extension to 10:00 p.m. because the neighbors would barely have eight hours to sleep between 10:00 p.m. and 6:00 a.m. suggested a compromise to 8:00 p.m. for the benefit of the neighbors. She also questioned Mr. Duffy about Fischers' agreement with Williams Bros. Pipeline. MOTION: of Overgard, seconded by Kelly, approving gravel operation hours SHAKOPEE SITE from 6:00 a.m. to 10:00 p.m. at the Shakopee Gravel site for the GRAVEL HOURS month of September, 1980, subject to review if noise problems arise. Mr. Duffy asked that any problems be brought to their attention immediately so they can correct them if possible before bringing this back to the Council. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick). The Council discussed approval of a grant for a pathway along the west side of Johnny Cake Ridge Road as outlined in a memo dated August 22, 1980. Councilmember Overgard asked where the City's share of the funds would come from? Mr. Asleson said M.S.A. funds are available for this. MOTION: of Savanick, seconded by Overgard, accepting the State grant 'for a pathway along the west side of Johnny Cake Ridge Road ending at 140th Street, authorizing application in 1981 for funds to construct a pathway along the east side of the road, obligating the City to construct the path along the east side and along the north side of 140th Street as outlined in the August 22, 1980 memo, and adopting Resolution No. 1980-109 directing the Engineer to prepare plans and specifications for construction of the pathway along the west side of Johnny Cake Ridge Road in 1980. Ayes - 4 - Nays - 0. PATHWAY ALONG JOHNNY CAKE & RES. 1980-109 PLANS & SPECS John Gretz reported on the proposed Comprehensive Plan Amendment Guidelines proposed by the Metropolitan Council. He has attended several meetings on the proposed procedures and it appears a new public hearing will be scheduled because quite a few changes have been suggested. He will keep the Council informed on this. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- 110 reappointing Thomas Blackmar for a term expiring August 1, 1983 and appointing Frank A. Olson for a term expiring August 1, 1982 on the Cable TV Commission. Ayes - 4 - Nays - 0. RES. 1980-110 CABLE TV APPTS. RES. 1980-111 PLANNING COM. APPOINTMENT PROJECT 80-9 RIGHT-OF-WAY APPRAISALS MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980- 111 appointing Lynne Kline to the Planning Commission for a term expiring in January of 1981. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, authorizing hiring Stasson Appraisals to proceed with appraisal of the right-of-way costs for Project 80-9, 140th Street Construction from 135th Street to County Road 11. Ayes - 4 - Nays - 0. Councilmember Savanick asked whether this construction could begin this Fall? Mr. Asleson said it would be possible if the property owners would give right of entry. A public hearing is scheduled for September 11, 1980. CItY OF APPLE VALLEY Dakota County, Minnesota August 28, 1980 Page 5 The Council discussed Mayor Garrison's proposal to make the Mayor's term of office four years beginning with the term commencing January 1, 1981. If no action were taken tonight, this proposal would be denied because it must be approved four weeks before the closing date for filing for office. The Council discussed some of the pros and cons and decided that action should not be taken at this time. MOTION: of Kelly seconded by Savanick, tabling consideration of creating a 4-YEAR MAYOR four-year term of office for the Mayor. Ayes - 4 - Nays - 0. TERM OF OFFICE MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1980-112 accepting the proposed special assessment rolls numbers 165 through 173 from the Clerk and setting a public hearing on them at 8:00 p.m. on September 25, 1980. Ayes ~ 4 - Nays - 0. RES. 1980-112 SET ASSESSMENT HEARING The Council discussed meeting dates on the budget calendar and agreed to hold an informal meeting to review the budget at 7:00 p.m. on September 16, 1980 at the City Hall. Mr. Reese Chezick, an attorney representing Steven Kurtz, was present and requested the Council to authorize paying a portion of Mr. Kurtz's attorney's fees resulting from his lawsuit against the City. Mr. Chezick reviewed the history of the action. Mr. Asleson replied that the City did not deny Mr. Kurtz's unemployment claim, but appealed it and he knows of no arbitration request as stated by Mr. Chezick. Mr. Sheldon agreed and said the appeal to the Supreme Court was not improper because this was an issue of law that had not been decided before. Mr. Sheldon also said neither the District Court nor the Supreme Court decisions required the City to pay attorney's fees. MOTION: of Holton, seconded by Kelly, approving paying the claim of Steven KURTZ ATTORNEY Kurtz for attorney's fees. FEE CLAIM The Council questioned its authority to pay such a claim. Mr. Sheldon said, from his research, he has not been able to find any authority requiring the City to pay such a claim nor has Mr. Chezick. Vote was taken on the motion. Ayes - 2 - Nays - 2 (Holton and Savanick). Motion Failed. MOTION: of Savanick, seconded by Overgard, adopting Resolution No, 1980- 113 setting a public hearing at 8:00 p.m. on October 20, 1980 on construction of Cedar Avenue. Ayes - 4 - Nays - 0. RES. 1980-113 SET CEDAR AVE. HEARING Acting Mayor Holton said he would like the Urban Affairs Committee to research and make a recommendation on a noise ordinance for the City and suggested they should possibly look at Bloomington's ordinance. MOTION: of Holton, seconded by Kelly, requesting the Urban Affairs Com- mittee to make a recommendation on a noise ordinance for the City by Spring of 1981. Ayes - 4 - Nays - 0. NOISE ORDINANCE TO URBAN AFFAIRS Councilmember Savanick said she would like to consider increasing the Mayor and Council- members' salaries effective January 1, 1981. Mr. Asleson said he has copies of the AMM salary survey of elected officials and he will distribute copies to the Council. Action must be taken before November 4, 1980, for any increase to become effective in 1981. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 1980 Page 6 MOTION: of Kelly, seconded by Savanick, to pay the claims and bills, checks numbered 12690 through 12694, 18852 through 18912 and 18922 through 19018, in the total amount of $802,742.71. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Overgard, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:40 o'clock p.m.