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HomeMy WebLinkAbout09/25/1980CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 25, 1980 at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly (attended until 10:15 p.m.), Overgard and Savanick; Clerk Aslesdn. 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 Holton, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MINUTES MOTION: of Savanick, seconded by Holton, tabling the minutes of the meeting of August 28, 1980. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Overgard, approving the minutes of the meet- ing of September 11, 1980 as written. Don Romain said the spelling of a name on page 4 should be corrected to "Kaczmarek". He also questioned whether the statement of Mr. Schwartz on page 4 was correct. MOTION: of Overgard, seconded by Savanick, tabling consideration of minutes of the meeting of September 11, 1980 for clarification of Mr. Schwartz's statement. Ayes - 5 - Nays - O. MOTION: of Overgard, seconded by Holton, removing consideration of hiring a replacement secretary to the regular agenda and approving all re- maining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA SERVICEMASTER TRANS. MER. LIC WORLD BOOK TRANS. MER. LIC ORD. 246 PERSONNEL GRIEVANCE BD FIRE RELIEF ASSN BEER & BINGO LICENSE PROJ. 78-11(1) FINAL PAYMENT MOTION: of Overgard, seconded by Holton, approving a transient merchant li- cense for 1980 for ServiceMaster of Apple Valley for cleaning-main- tenance-disaster restoration services. Ayes - 5 - Nays - O. MOTION: MOTION: of Overgard, seconded by Holton, approving a transient merchant li- cense for World Book-Childcraft International, Inc., for 1980 to sell books. Ayes - 5 - Nays - O. of Overgard, seconded by Holton, passing Ordinance No. 246, amend- ing Section 12.3 of Ordinance No. 141, related to a grievance board for personnel matters. Ayes - 5 - Nays - O. MOTION: MOTION: of Overgard, seconded by Holton, approving a temporary on-sale 3.2 beer license and a bingo license for the Apple Valley Fire Relief Association on September 27, 1980 at Fire Station No. 1. Ayes - 5 - Nays - 0. of Overgard, seconded by Holton, accepting Project 78-11(1) as final and authorizing final payment to Encon Utilities, Inc., in the amount of $28,471.48. Ayes ~ 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1980 Page 2 MOTION: of Overgard, seconded by Holton, accepting Project 79-2(2) as PROJ. 79-2(2) final and authorizing final payment to McNamara Vivant Contract- FINAL PAYMENT ing in the amount of $25,375.36. Ayes ~ 5 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving Change Order No. 1 SEAL COAT to the contract with Tri County Surfacing for Project 80-12, CHANGE ORDER 1980 Seal coating, of an additional $1,911.60. Ayes - 5 - Nays - 0. PRELIM. & FINAL PLAT HIDDEN PONDS 2ND ADDN. PRELIM. & FINAL PLAT K & G 1ST ADDITION RES. 1980-119 GREENLEAF ST. LIGHT HEARING MOTION: of Overgard, seconded by Holton, approving the preliminary plat of Hidden Ponds 2nd Addition, as recommended by the Planning Commission, and the final plat and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving the preliminary plat of K & G 1st Addition, as recommended by the Planning Commis- sion and the final plat and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980- 119 receiving the preliminary report on street lighting in Greenleaf 2nd, 3rd and 4th Additions and setting a public hear- ing on it at 8:00 p.m. on November 13, 1980. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980- RES. 1980-120 120 approving specifications for 1980-81 road maintenance mater- MATERIAL & ials and equipment rentals and authorizing advertising for bids EQUIP. BIDS to be received at 2:00 p.m. on October 15, 1980. Ayes - 5 - Nays MOTION: of Overgard, seconded by Holton, approving hiring Mike Glewwe for Forestry Maintenance at $4.25 per hour effective September 29, 1980 and Jean Bruggeman at $4.50 per hour and William Jah- ner, Jr., at $4.25 for Teen Program Supervisors effective Sep- tember 24, 1980. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES RES. 1980-121 GROUP HEALTH REV. BOND HEARING END OF CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980- 121 setting a public hearing at 8:00 p.m. on October 23, 1980 on the request of Group Health Plan, Inc., for industrial de- velopment revenue bond financing. Ayes - 5 - Nays - O. John Gretz reviewed appraisals on the right-of-way for 140th Street from 135th Street to County Road 11. Since the cost of acquisition was approximately the same as the proposed assessment, he recommended awarding the contract. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980- 122 ordering Project 80-9, 140th Street Improvements from 135th Street to County Road 11. Ayes - 5 - Nays - O. RES. 1980-122 ORDER PROJ. 80-9 CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1980 Page 3 MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-126 awarding the contract for Project 80-9, 140th Street, to McNamara Vivant Contracting, the low bidder, in the amount of $123,068.30 subject to obtaining right-of-way easements and rescinding Resolu- tion No. 1980-101. Ayes - 5 - Nays - 0. RES. 1980-126 CONTRACT AWARD PROJ. 80-9 COBBLESTONE LAKEVIEW PATH AMENDMENT MOTION: of Kelly, seconded by Overgard, amending the Development Agreement for Cobblestone Lakeview Addition by deleting the pathway along the rear of Lots 1, 2, 3 and 4 of Block 1 and adding two segments of pathway in the park area. Ayes - 5 - Nays - O. (Councilmember Kelly requested this portion of the meeting be tape recorded. The recording began at 8:15 p.m.) John Gretz reviewed his memo dated September 17, 1980 reporting on the status of the Fischer gravel operations at the Shakopee Sand and Gravel site ending with the recommend- ation that the Agreement be submitted to the court for an opinion. The City has received Summpons and Complaint on this matter dated September 24, 1980. Jim Sheldon said this was filed by Mr. Duffy, attorney for the Fischers, asking for a declaratory judgment on the validity of the Agreement. Mr. Sheldon said he,would propose to expand the scope of the lawsuit to include a determination of the rights of the property owners (Fischers) and the City. He also read a letter he will be sending to Mr. Duffy on September 26, 1980 requesting that the junked vehicles, etc., at the north end of the property be cleaned up within 30 days. Mayor Garrison asked when an answer on the judgment could be expected by the court? Mr. Sheldon said there are three parties involved, Apple Valley Red-E-Mis (Fischers), the City and Shakopee Sand and Gravel Company, and he would hope it is resolved by the spring of 1981 construction seasons. The Mayor asked about operating hours restrictions. Mr. Sheldon said until the lawsuit questions are answered, the hours restrictions probably cannot be enforced. Mr. Asleson presented a letter dated September 25, 1980 from Fischer Sand & Aggregate informing the Council it would be necessary for them to operate from 6:00 a.m. to 10:00 p.m. at the Shakopee site into October. Councilmember Kelly requested a copy of John Gretz's memo of August 24, 1980 on the extended hours approved at the August 28, 1980 meeting. Copies were distributed to the Council. Matt Fischer was present and explained the construction problems in moving the Williams Bros. pipeline at the County Road 42 pit. He said they have not closed the pit but it is only operating at half capacity. The Mayor asked how long the extended hours would be necessary? Mr. Fischer said he could not answer that now. Mayor Garrison asked if the berm at the Shakopee site was completed yet? Mr. Gretz said it is about half done. Mayor Garrison asked Mr. Sheldon what action the Council could take tonight? Mr. Sheldon said, because the City has not conducted its own noise testing, the Council could consider the request for extended hours based on the performance during the last two weeks. If Fischers have cooperated, the Council should continue the extension. Juan Balli questioned requiring noise testing in connection with hours of operation. The Mayor said Mr. Sheldon was referring to unduly restricting operations without pro- per evidence which might subject the City to a further lawsuit. Mr. Schwartz questioned whether the City could recover any damages should it win the suit. Sharon Rothenberger commented on noise level differences during the day and at night. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1980 Page 4 Clarification on the zoning described in Mr. Gretz's memo was requested. Mayor Garrison said if the Agreement is found not to apply, the City's contention is that the zoning under Ordinance No. 143 would apply and only about 40 acres are industrial on which only processing of sand and gravel products is allowed. Don Romain asked whether the City Attorney reviews all ordinances and doesn't he de- termine if they are enforceable before they are passed? Mayor Garrison commented that many ordinances are copied from similar ordinances in other cities and most are re- viewed by the attorney. Mr. Romain referred to the September 25, 1980 letter from Matt Fischer and said couldn't they inform the City tomorrow they will be operating until 2:00 a.m. Gerald Johnston said he was concerned about the trees. The Mayor said Fischers have agreed not to operate in the buffer area during this construction season. Council- member Holton said he hoped they would recognize this and stay out of the buffer area until the agreement question is resolved. Councilmember Savanick commented it would be possible for the City to get an injunction and stop all operations. Matt Fischer asked Mr. Sheldon to inform everyone of the trespassing laws and said any- one trespassing on his property would be prosecuted. Mrs. Rothenberger questioned fencing the area. Pam Carlier showed pictures of junk in the area. The Mayor said City officials would not go on the property without permission and also asked Mr. Fischer to post no trespassing signs. MOTION: of Kelly, seconded by Overgard, removing the extension of oper- FISCHER ating hours from 6:00 a.m. to 10:00 p.m. granted to Fischer Sand OPERATING HOURS & Aggregate at the Shakopee Gravel site by the Council at its August 28, 1980 meeting effective September 30, 1980. Councilmember Holton said the hours extension was granted because of a hardship, which is still there, and violations occurred because of a misunderstanding of the definition of operations. The Mayor asked Matt Fischer if there is an end date on the contract for the pipeline relocation? Mr. Fischer said he did not know the date. Councilmember Savanick questioned completion of the pipeline relocation project and operations at the County Road 42 pit. Mr. Fischer explained these. Councilmember Savanick suggested a compromise to 8:00 p.m. closing. Roberta Swenson asked why the condition that extended hours of operation be allowed only during actual construction of the pipeline relocation wasn't included in the original approval? Mr. Wilson questioned 24 hour a day operations at the County Road 42 pit. Mary Jane Dardis commented that the residents are being asked to be good neighbors while the gravel operators are not and said she was not aware that the gravel operation would be there when she moved into her house4 Margaret Engstrom expressed concern of controlling the operations in residential areas. Councilmember Savanick questioned rescinding the hours extension when they have begun the pipeline relocation project. The Council discussed continuing the extended oper- ating hours with assurances on the contract completion date by Fischer, Williams Bros. or the contractor doing the work. The second on the above motion withdrew and the motion died for lack of a second. CITY OF APPLE VALLEY Dakota County~ Minnesota September 25, 1980 Page 5 MOTION: of Holton, seconded by Overgard, granting Fischer Sand & Aggregate permission to operate from 6:00 a.m. to 10:00 p.m. at the Shakopee Gravel site through October 9, 1980 and directing the City Staff to obtain a letter from Fischer or Williams Bros. as to the status and completion of pipeline relocation project by that date. Ayes - 4 - Nays - 1 (Kelly). OPERATING HOURS EXTENSION GRAVEL LAWSUIT COUNSEL MOTION: of Kelly, seconded by Overgard, to obtain legal counsel astute in gravel operations to represent the City and work with Mr. Sheldon on the Apple Valley Red-E~Mix lawsuit. The Council discussed the motion and whether such a person should be retained. Mr. Sheldon said his law firm does consult with other attorneys and employ experts in var- ious fields when necessary. He also said he believes this case is more of a zoning question. The second withdrew and Councilmember Kelly said she would take this item as a work project, but may bring the same motion back on October 9th. (The Council took a 10-minute recess at this time and Councilmember Kelly did not return following the recess.) Mayor Garrison called the public hearing to order at 10:20 p.m. to consider assessment rolls numbered 165 through 173 and noted receipt of the affidavit of publication of the hearing notice, Mr~ Asleson explained that rolls 168 and 169 were increased because a five-foot wide rather than a four-foot wide sidewalk was installed in Hunters Wood at the request of Derrick Land Company. He also said roll 170 was decreased because of some errors in calculation. The Council received a letter from Jaxon Corporation ob- jecting to roll 170 and requesting the hearing on Carrollwood Village 4th Addition be continued for two weeks. The Mayor read each roll and asked for questions or comments from the public. There were none. The hearing was closed on all except roll 170 at 10:28 p.m. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-123 levying assessment rolls numbered 165 through 173 except that part of roll 170 in the amount of $255,999.64 for Carrollwood Village 4th Addition and continuing the hearing on it until October 9, 1980 at 8:30 p.m. Ayes - 4 - Nays - 0. RES. 1980-123 ADOPT ASSMT. ROLLS 165-173 Mayor Garrison called the public hearing to order at 10:30 p.m. on the 1981 City oper- ating budgets and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson commented that it is a Revenue Sharing requirement for the Council to hold this hearing. He noted that the budget, as proposed, would make the tax levy below the levy limit by about $45,000. George Ballenger commented on the Revenue Sharing budget and said of the estimated $116,000 in revenue, $51,000 will be used by the Golf Course Fund and the remainder will go to the General Fund. The Council discussed the pros and cons of levying up to the limit. Councilmember Holton suggested levying the ad- ditional $45,000 for operations and earmarking the Revenue Sharing funds for capital improvements. MOTION: of Holton, seconded by Overgard, setting an informal meeting at SET INFORMAL 9:00 a.m. on Tuesday, October 7, 1980, at the City Hall to con- MEETING tinue review of the 1981 operating budgets. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1980 Page 6 Don Romain commented on the aeration system included in the budget for Lake Alimagnet. This was discussed when the pump outlet was installed in the lake and any costs should be split with Burnsville. Mr. Romain said $10,000 to $15,000 should be included in the budget for this purpose instead of the $2,400 proposed because of cost increases. He also said he would recommend nothing be done on installing this until a public hearing is held because there would be open water on the lake in winter, He said he would like input from the DNR and the residents. This amount could be footnoted in the bud- get with the comment that the project would be installed if feasible. Mr. Romain said the DNR did not stock the lake with fish last year because there is no aeration, but the DNR is also not convinced that aeration will help the water quality to a great de- gree. There being no further questions or comments, the hearing was closed at 11:00 p.m. Mike Bassett and Rusty Rosland presented three proposals for the golf course clubhouse prepared by the Vo-Tech students. The first presented problems with transporting it to the site and personnel staffing considerations. The second was a two-level design. The third was three building modules connected with decking and could include a base- ment. The Council discussed the different aspects of the buildings and agreed they would like a basement or walkout lower level with space for locker rooms; the most square footage possible in the buildings; most of the deck space on the golf course side of the building and basically agreed on the third proposal with some modifications. Mr. Asle- son suggested Mr. Rosland prepare a list of square footage requirements for each function within the building. Councilmember Savanick said she would like to see a meeting room included. Mr. Bassett said the plans will be refined and a cost estimate brought back to the Council. The Council asked John Gretz to look at the plans also. A question was asked whether a liquor license would be issued for the clubhouse. The City has the ability to issue a liquor license, but it is not planned to be done now. ~. Asleson commented on liability problems for the City with on-sale liquor. MOTION: of Holton, seconded by Savanick, authorizing installation of a pathway along the west side of Johnny Cake Ridge Road with State grant funds and the City and the Zoo sharing the remain- ing costs. Ayes - 4 - Nays - 0. JOHNNY CAKE PATHWAY RES. 1980-124 JOHNNY CAKE PATHWAY BIDS LIQUOR STORE & PDQ LANDSCAPING HOOD PARTTIME SECRETARY ADMINISTRATOR'S SALARY MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1980- 124 approving plans and specifications for Project 80-17, Johnny Cake Pathway, and authorizing advertisement for bids to be received at 2:00 p.m. on October 21, 1980. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Overgard, authorizing landscaping work at Liquor Store No. 2 by Sioux Trail Nursery for the low quo- tation of $4,570.15; the cost to be shared by the City and PDQ with the City's share being $2,732.95. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Overgard, authorizing hiring Dianne Hood for the position of parttime secretary for commissions and com- mittees effective October 1, 1980, at a salary of $25.00 per meeting. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Overgard, approving a Memorandum of Agreement to the Agreement with Richard Asleson that his annual salary will be $34,368.00 effective July 1, 1980. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 1980 Page 7 MOTION: of Savanick, seconded by Overgard, approving a salary increase for John Gretz of $2,940.00 per year effective August 1, 1980. Ayes - 4 - Nays - 0. GRETZ SALARY REVIEW MOTION: of Overgard, seconded by Savanick, authorizing hiring Michal Robin- ROBINSON son as a parttime Liquor Sales Clerk at $3.20 per hour effective LIQUOR CLERK September 26, 1980. Ayes ~ 4 ~ Nays - 0. (Councilmember Overgard left the room at this time.) MOTION: of Holton, seconded by Savanick, that the City of Apple Valley re- tain the firm of Labor Relations Associates for labor relations purposes with compensation to be paid at the rate of $50.50 per hour for principal time and $24.00 per hour for research associate time. Ayes - 3 - Nays - 0. LABOR RELATIONS ASSOCIATES RES. 1980-125 FARQUAR PARK GRANT APPS. PRELIM. REPORT CO. RD. 38 PATHWAY (Councilmember Overgard returned to the room,) MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-125 approving an application to the State Planning Agency for a LAW- CON grant in the amount of $48,860 and for a Natural Resource Fund grant in the amount of $16,805 for Farquar Park development. Ayes - 4 - Nays - 0. MOTION: of Garrison, seconded by Overgard, directing the Engineer to pre- pare a preliminary report for a pathway along County Road 38; the report to include separate costs for a pathway on the north and south sides of the road, in segments, from Christus Victor Park to County Road 11. Ayes - 4 - Nays - 0. Councilmember Overgard said she would like to contact several consulting firms on a per- sonnel plan for the City and select several to meet with the Council. and discuss a pro- posal and costs for their services. She would like them to work on a plan for a method of evaluating performance, but not do the evaluations. Don Romain commented that his employer, Bell System, has a detailed personnel plan and, subject to approval of his company, he would bring in a copy for the Council to review. The Council agreed to review this plan before considering other action. Consideration of tape recording meetings was tabled. Councilmember Savanick said the deadline for submitting articles for the Fall issue of the "Council Table" is October 9, 1980. MOTION: of Holton, seconded by Overgard, to pay the claims and bills, checks numbered 12695, 12696, 19228 through 19239, 19241 through 19288 and 19298 through 19390,~in the total amount of $1,287,341.70. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 12:14 o'clock a.m.