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HomeMy WebLinkAbout09/11/1980CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota held September 11, 1980 at 8:00 o'clock p.m. at the City Hall. PRESENT: Mmyor 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 Overgard, seconded by Holton, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 5 - Nays - 0. The minutes of the meeting of August 28, 1980 were tabled. MOTION: of Holton, seconded by Kelly, adding Academy Village bonding reso- lutions, special use permit for beauty shop, permit to discharge firearms, agreement with Rose Comm., Inc., park equipment and psy- chological stress evaluating machine to the consent agenda and ap- proving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Kelly, receiving the 1979-1980 annual report of the Cable TV Commission and authorizing forwarding it to the Minnesota Cable Communications Board. Ayes - 5 - Nays - 0. CABLE TV COM. ANNUAL REPORT RES. 1980-114 ACADEMY VILLAGE NOTE NO. 28 RES. 1980-115 ACADEMY VILLAGE NOTE NO. 29 VARIANCE 14414 GARRETT AVENUE VARIANCE 977 REDWELL LANE CHANGE ORDER PROJ. 79-14 ZOO ROAD EASE- MENT & ACCESS RESTRICTION MOTION: of Holton seconded by Kelly, adopting Resolution No. 1980-114 for Commercial Development Revenue Note No. 28 on Lot 11, Block 3 of Academy Village. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Kelly, adopting Resolution No. 1980-115 for Commercial Development Revenue Note No. 29 on Lot 12, Block 3 of Academy Village. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Kelly, granting a sideyard setback variance to four feet for a garage addition at 14414 Garrett Avenue as re- commended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Kelly, granting a variance for a sideyard setback of three feet for a garage addition at 977 Redwell Lane as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Kelly, approving Change Order No. 1 of an additional $528.00 to the contract with United Sewer Cleaning for Project 79-14. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Kelly, accepting $100.00 from the Minnesota Highway Department and authorizing the Mayor and Clerk to execute a slope easement and access restriction on City property related to Zoo Road Construction. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1980 Page 2 MOTION: of Holton, seconded by Kelly, granting a Special Use Permit for FISCHER BEAUTY Sue Fischer to operate a beauty shop in an Agricultural zone at SHOP SPECIAL 6586 West 150th Street as recommended by the Planning Commission. USE PERMIT Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, granting a permit to discharge firearms on Dakota County property in the Southeast Quarter of Section 35 related to firearms safety instruction courses for juveniles under Ordinance No. 242. Ayes - 5 - Nays - 0. FIREARMS DISCHARGE PERMIT ROSE COMM. RADIO AGREEMT RES. 1980-116 PLAYGROUND EQUIP. BIDS P.S.E. PURCHASE MOTION: of Holton, seconded by Kelly, approving an agreement with Rose Comm., Inc. to place radio equipment at the Nordic Water Tower at an annual fee of $200 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1980-116 approving specifications for park playground equipment, Project 80-10(3) and authorizing advertisement for bids to be received at 2:00 p.m. on October 14, 1980. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving the purchase of a Psy- chological Stress Evaluator for the Police Department at a cost of $5,100. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS Mayor Garrison called the public hearing to order at 8:07 p.m. on Projects 80-1 and 80-14, County Road 42 utilities and road improvements, and noted receipt of the affi- davit of publication of the hearing notice. Keith Gordon reviewed the proposed improve- ments covering the upgrading of County Road 42 to four lanes from Pennock Avenue, east to the Rosemount border, including storm sewer. Some storm sewer, sanitary sewer and water stubs will be installed under the road for future use. Mr. Gordon showed a map of this construction. Ed Tousignant questioned locating a storm water pond on his property. Mr. Gordon said an alternate plan would be to install pipes routing the water to a pond in the Apple Valley East area. The Mayor explained the City's storm sewer policy and the dedication for parks and storm sewer required when property is developed. Ray Tousignant questioned the pond in the Apple Valley East area and said he understood his property had already given the re- quired dedication. Ray Schneider questioned the area of runoff and water level pro- jected for ponding areas. Mr. Gordon explained that the ponds are part of the entire storm sewer system for the City and the runoff is calculated on the total area when the system is complete. The ponds do have outlets. John Gretz showed a chart of the proposed assessments and right-of-way acquisition costs for the road. He noted these are estimated amounts and the storm sewer assess- ment would be a separate amount based on the City's storm sewer assessment policy. The road construction will be financed by 75 percent Federal funding and the remainder split 55/45 between Dakota County and Apple Valley, The Mayor asked for any further questions or comments.from the Council and the audience. There being none, the hearing was closed at 8:24 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1980 Page 3 Mayor Garrison called the public hearing to order at 8:25 p.m. on Project 80-9, 140th Street construction from 135th Street to County Road 11, and noted receipt of the af- fidavit of publication of the hearing notice. Keith Gordon reviewed the proposed street construction consisting of four lanes for traffic with concrete curb and gutter. Art Eaton questioned the cost of the project. Mr. Gordon said the bids on the work have been received and the low bidder will not hold his prices until next year. John Gretz said in previous discussions he had told Mr. Watrud he would not be assessed for the road and that was wrong. His property would be assessed a residential equival- ent for the street. Appraisals are being obtained on the right-of-way cost and con- struction cannot proceed until the right-of-way is obtained. Carl Watrud said he estimates that the cost of the right-of-way to the City and the assessment on his property will almost be equal so why can't the City accept the land dedication and not assess his property? Mr. Asleson explained the street assessment property and said when property is platted, developers are required to dedicate right- of-way. All City-constructed streets are assessed a residential equivalent. Since this road is needed now, the City cannot wait for the property to develop. Appraisals on the property should be done in two weeks. John Gretz explained that the road is needed to complete 140th Street as a detour when Cedar Avenue is reconstructed. Mr. Asleson said the low bidder has agreed to keep his bid valid until October 1, 1980. The Council discussed per foot street costs. The Mayor said the appraisals should include an inflaction factor in case the construction is delayed until next year. Art Eaton questioned including land acquisition costs in assessments. Jim Sheldon said, based on court rulings, acquisition costs can be included depending on the benefit to the property of the improvements as determined by appraisals. The Mayor asked for any further questions or comments from the Council and the audience. There being none, the hearing was closed at 8:46 p.m. Consideration of ordering Project 80-9 and awarding the construction contract were tabled. The Council received donations from the Apple Valley Jaycees and the local businesses for the purchase of Police equipment. Mayor Garrison read a list of the businesses in- cluded in the donation and Jim Christianson, President of the Jaycees, and Mike Watkins presented the checks to the Mayor and Police Chief Rivers. Paul Liebelt, representing Group Health Plan, Inc., was present and showed a rendering of a proposed clinic to be located east of Pennock Lane and north of future 153rd Street. He said it will be a 21,000 square foot building and he showed photos of an actual clinic in Spring Lake Park. They are also proposing to build the same building in Woodbury and in Eden Prairie. John Gretz noted that the memo from Rick Kelley, dated September 4, 1980, was incorrect in that the recommendation for preliminary approval by the Planning Commission on September 3, 1980 was not unanimous; there was one dissenting vote. Rick and Kathy Roberts questioned future expansion of the proposed building and asked why this item was not scheduled on the Planning Commission meeting agenda. Mrs. Roberts asked if Group Health would guarantee that abortions will not be performed in this building? Mayor Garrison commented that the issue before the Council is the building permit; not the legislation of morality related to abortion. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1980 Page 4 Arvid Schwartz, Treasurer of Group Health Plan, was present and said he has been with this company for 20 years and they have never performed abortions in any of their clinics, it is not their plan to perform any abortions in this clinic and this clinic is not equipped to do any. 'They have nine clinics in the Twin Cities Debbie Kaczmarek questioned whether the future surgical wing will be added? She was informed it is shown as a future addition, but it is not definite nor being considered with this building permit application. Don Romain said he was the dissenting vote on the Planning Commission recommendation because the item was not scheduled on the agenda, but added as an other item and Group Health did not answer the abortion question at the Planning Commission meeting. John Gretz said the time was not on the Planning Commission agenda as a regular item because the information was submitted after the agenda had been prepared. He added it as an other item because they want to begin construction this fall making the time element very important. Pat Tompkins questioned the statement on unanimous Planning Commission approval. This was clarified; there was one dissenting vote. Bob McCabe asked whether a neighborhood hearing would be held on this building? He was told no, that is not part of the procedure for building permit approvals. A public hearing will be held when a petition for preliminary plat approval is received. Mary Ann Sexton said she is a Group Health member and wants to express her opinion on not wanting abortions performed at the clinic. She does, however, want to see the Group Health facility located here. Ray Schneider questioned moral issues and stated government should be concerned about moral issues. John Gill, of Rosemount, said he is a member of Group Health and had asked for and received a letter from Group Health stating they do not perform abortions. Penelope Curry stated she supports Group Health locating a medical facility in the City. Don Romain requested that Mr. Schwartz's statement on Group Health not performing abortions be made part of the meeting record. MOTION: of Kelly, seconded by Holton, granting preliminary approval of GROUP HEALTH a building permit for a clinic to Group Health Plan, Inc. on BLDG. PERMIT part of Outlot E of Apple Valley Square as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Consideration of a request by Group Health for industrial revenue bond financing was tabled at their request because the information is not yet complete. Mayor Garrison reviewed the status of Fischer's gravel operation at the Shakopee Gravel site as discussed at past meetings. Approval for hours of operation from 6:00 a.m. to 10:00 p.m. was given at the last Council meeting. These hour restric- tions have apparently been violated during the last two weeks and that is why it is on the agenda for discussion tonight. The Mayor noted the letter dated Septem- ber 9, 1980, from Mr. Duffy, Fischers' attorney had been received. (Councilmember Kelly requested that the discussion be tape recorded and the recording began at this point at 9:38 p.m.) CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1980 Page 5 Mr. Duffy clarified the position stated in his letter and said one problem is what con- stitutes operation? This has not been clearly defined and the Fischers' opinion differs from the City's. Councilmember Holton commented on the meeting he attended September 8, 1980 with them. Matt Fischer was present and said only in an emergency will they vio- late the operating hours restrictions. Mr. Duffy said they will attempt to stay within the agreement, but if they cannot negotiate and work out problems by discussions, they are willing to go to court. The Mayor said unless some of these items are defined or an agreement is reached, these problems will continue to arise. The Mayor commented on the buffer (green) area and said Matt Fischer stated today that it would not be profitable for them to operate this site unless they excavated this area also. Mr. Duffy said the question of whether Shakopee Gravel's agreement applies to the Fischers would be a simple issue to get a judgment on from the court. Councilmember Overgard asked what was agreed to at the meeting? Mr. Duffy said the 10:00 p.m. closing is not a problem and has been agreed on, but in order to start operating at 6:00 a.m., they must start up the conveyors, etc., an hour earlier. Rick Carlson said the berm has not been reconstructed and they have not been abiding by the hours restrictions. John Gretz said he was informed that they had intended to begin the berm reconstruction today, but could not because of the rain. Councilmember Savanick questioned the hours of operation. Jim Sheldon said this is con- tained in the City's ordinance. Mr. Duffy said there is no Federal or state law restrict- ing these operations to the hours of 6:00 a.m. to 6:00 p.m. He said Twin City Testing will be out next week to monitor noise levels around the site and they will try to deter- mine what equipment is causing the noise and try to correct it. Mr. Asleson asked if it is correct that they will stay within the 6:00 a.m. to 10:00 p.m. hours restriction until September 30, 1980? Both Mr. Duffy and Mr. Fischer agreed. Councilmember Savanick asked how long the pipe relocation at the other gravel operation will take? Mr. Fischer said about three weeks from the time they receive the pipe and it also depends on weather conditions. Robert Swenson questioned emergency conditions under which Fischers would operate longer hours. This was discussed and it was stated that if they violated the hours restrictions, the Police would issue a ticket for the violation. Sharon Rothenberger commented on noise problems. Jim Sheldon said citizens should con- tact the City with specific noise complaints and when they are monitoring noise levels next week, they can try to pinpoint the causes. Nancy Doheny asked what will happen if they are operating at 5:00 a.m. tomorrow? She was informed the Police should be called and they would issue a ticket. Margaret Engstrom commented on the problems and said she talked with Mr. Lokken with the City of Bloomington on their ordinances and regulations and suggested Apple Valley look at some of these. It was agreed that if any machinery is in operation before 6:00 a.m. or after 10:00 p.m. until September 30, 1980, the Police Department would issue tickets for violations. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1980 Page 6 MOTION: of Savanick, seconded by Kelly, adopting Resolution No. 1980- 117 receiving a letter from Mr. and Mrs. James Stephens and re- questing the Dakota County Highway Department to take traffic counts at the intersection of County Road 42 and Elm Drive for the purpose of determing if a traffic signal warrant exists. Ayes - 5 - Nays - 0. RES. 1980-117 TAKE TRAFFIC COUNT AT ELM & CO. RD. 42 The Council received information that Thompson Homes would like to donate its sales building, presently located at 139th and Cedar, for public use. The cost of moving the building is estimated at $7,000 to $10,000. Mike Bassett said he no longer wishes to consider moving it to the golf course and does not have a use for it in any other park area. The Council directed the staff to discuss the building with the V.A.A. and Thompson and find out whether the building can be donated or leased to the V.A.A. MOTION: of Holton, seconded by Overgard, accepting the resignation of David C. Larson from the Cable TV Commission. Ayes - 5 - Nays LARSON CABLE TV RESIGNATION MOTION: of Holton, seconded by Overgard, approving a salary increase for Gary Pietig of $138 per month effective August 23, 1980. Ayes - 5 - Nays - 0. PIETIG SALARY INCREASE MOTION: of Holton, seconded by Garrison, approving salary adjustments for Richard Asleson, as recommended by the Mayor, effective July 1, 1980; January 1, 1981; and July 1, 1981, and after January 1, 1982, the salary adjustments would be made annually on January 1st of each year. ASLESON SALARY REVIEW Councilmember Overgard distributed a memo dated September 11, 1980 and read it; recom- mending establishing a better method of performance evaluations, to be discussed at a future meeting, and a nine percent salary increase for Mr. Asleson, effective July 1, 1980. Mayor Garrison read his memo to the Council dated August 13, 1980. Mr. Asleson read his memo to the Mayor dated August 4, 1980. The Council discussed this information. Mr. Asleson suggested a compromise of a 12 percent increase effective July 1, 1980 now and future adjustments could be negotiated. MOTION: of Savanick, seconded by Kelly, tabling consideration of Mr. Asleson's salary adjustment until September 25, 1980. Ayes - 3 - Nays - 0 (Holton and Garrison). Lynne Kline spoke in favor of the salary increase for Mr. Asleson as recommended by the Mayor. MOTION: of Holton. seconded by Overgard, approving hiring parttime em- HIRE PARTTIME ployees as listed on Mike Bassett's memo dated September 9, 1980. EMPLOYEES ' Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- RES. 1980-118 118 directing the installation of a stop sign on 144th Street at STOP SIGN its intersection with Hayes Road. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 1980 Page 7 MOTION: of Kelly, seconded by Overgard, approving hiring Vicki Walters for the position of Clerk-Typist at the Sports Arena effective September 17, 1980, at a salary of $690 per month. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Kelly, to pay the claims and bills, checks numbered 19028 through 19095 and 19104 through 19218, in the total amount of $480,282.36. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, requesting that the Metropolitan Council grant a 30-day delay in reviewing the City's Comprehen- sive Plan so more information can be submitted. Ayes - 5 - Nays MOTION: of Holton, seconded by Overgard, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:25 o'clock p.m. HIRE WALTERS CLERK-TYPIST CLAIMS & BILLS DELAY COMP. PLAN REVIEW