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HomeMy WebLinkAbout10/09/1980CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 9, 1980 at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly, Overgard and Savanick; Deputy Clerk Mueller. 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. Mayor Garrison noted that the preliminary plat and rezoning petition of Mr. Eaton on the southwest quadrant of Cedar Avenue and 140th Street has been withdrawn rather than tabled, as noted on the agenda, and Mr. Eaton has given the City a letter to that effect. MOTION: of Holton, seconded by Overgard, approving the agenda for tonight's APPROVE AGENDA meeting as amended, Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, approving the minutes of the meet- ing of August 28, 1980, as corrected; the minutes of the meeting of September 11, 1980, as corrected; and the minutes of the meeting of September 25, 1980, as written. Ayes - 5 - Nays - 0. MINUTES CONSENT AGENDA STREET LIGHT INSTALLATION MYERS PLAT WAIVER & VARIANCE COMP. PLAN EXTENSION CO. RD. 42 IMPR. AGREEMENT MOTION: of Overgard, seconded by Kelly, removing consideration of the 35E plans to the regular agenda and approving all remaining items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION:. of Overgard, seconded by Kelly, authorizing the installation of street lights at the intersections of Essex Avenue and Pilot Knob Road and 140th Street and Everest Avenue. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, granting a waiver of platting and a variance for two 132-foot wide lots, fronting on 132nd Street, to Hank Myers at 13241 Galaxie Avenue, as recommended by the Plan- ning Commission. Ayes - 5 - Nays - 0. MOTION: of 0vergard, seconded by Kelly, authorizing the Mayor to send a letter to the Metropolitan Council requesting an additional 45- day extension on its review of the City's Comprehensive Guide Plan so additional information can be submitted. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, authorizing the Mayor and Clerk to sign an agreement with Dakota County for Project 42-16, improve- ments to County Road 42 from Pennock to the Rosemount border. Ayes - 5 - Nays - 0. The Council received a report on the Industrial Promotion Day held September 11, 1980 by the Economic Development Commission, from Rick Kelley, dated October 3, 1980. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1980 Page 2 MOTION: of Overgard, seconded by Kelly, accepting Project 79-2(1), Dia- mond Path 4th and 6th Utilities, as final and authorizing final payment to Encon Utilities in the amount of $18,935.20. Ayes - 5 - Nays - 0. PROJ. 79-2(1) FINAL PAYMENT PROJ.. 79-1(3) FINAL PAYMENT PROJ. 80-13 CHANGE ORDER 1 MOTION: of Overgard, seconded by Kelly, accepting Project 79-1(3), Deep Well No. 8 Pump, as final and authorizing final payment to Ber- gerson-Caswell, Inc., in the amount of $5,339.00. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving Change Order No. 1 to the contract with A & B Industries for Project 80-13, Repaint- ing the Palomino Water Reservoir, for an additional $30,481.14. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1980- RES. 1980-127 127 appointing judges for the November 4, 1980 general election. ELECTION JUDGES Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving check number 19240 in the amount of $56.50 to Dick's Valley Service. Ayes - 5 - Nays - 0. APPROVE CHECK PARTTIME EMPLOYEES MOT ION: of Overgard, seconded by Kelly, approving various parttime em- ployees for the Ice Arena and Recreation Programs as listed in the memo from Michael Bassett dated October 3, 1980. Ayes - 5 - Nays - O. END OF CONSENT AGENDA ITEMS The Council received a letter from Fischer Sand and Aggregate Co., dated October 2, 1980, stating they anticipate the pipeline at the County Road 42 pit will be com- pleted by November 10, 1980, and they should not require extended operating hours at the Shakopee site after that date. Jim Sheldon stated that the Council should acknowledge receipt of this letter and take no action because the matter is in litigation and the litigation will finally determine the rights of the parties involved. Councilmember Overgard asked if Mr. Rosene had any information on the Williams Bros. contract. Mr. Rosene said he had talked with Don Berry of Williams Bros. who said the contract should be completed in two weeks if the weather cooperates. Councilmember Kelly read her report dated October 9, 1980, concerning legal represen- tation on the Shakopee Sand and Gravel property matters. MOTION: of Kelly, seconded by Overgard, to retain David Graven as legal counsel on the Shakopee Sand and Gravel property matter and that he be able to use the consulting assistance of McMenomy and Sheldon as he sees fit. LEGAL COUNSEL SHAKOPEE GRAVEL & FISCHER Councilmember Savanick suggested asking Mr. Graven to give a report to the City on what he would do in this matter before making a decision because the City's attorneys are already into the lawsuit. Councilmember Kelly disagreed with this suggestion. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1980 Page 3 Councilmember Overgard said she feels the expert is needed in this matter. Council- member Kelly said she would like Mr. Graven to determine how the services of McMenomy and Sheldon will be used. Mary Carpenter agreed that the best legal counsel available should be used to protect the City's interests. Councilmember Overgard called for a vote on the question~ Mr. Sheldon said Mr. Graven has a good reputation and someone has to have primary responsibility for the case. He also said if his firm were handling the case, it might be necessary for them to call in additional counsel. He said Mr. McMenomy had suggested that Mr. Graven give an opinion on the case first. Mayor Garrison said he would have to agree with Councilmember Kelly because if some- thing would go wrong, the Council would be criticized for not giving it their best shot and it could be a negative credibility factor in the long run if the City Attorney lost the case. Councilmember Holton agreed. Councilmember Savanick said she is concerned about the mechanics of implementing this and would this be the only case Mr. Graven would handle or would he be retained on all gravel matters? Councilmember Kelly said the motion is for this one case only. John Gretz suggested he meet with Mr. Graven and define the scope of services and come back to the Council with an agreement. Councilmember Savanick said she is still unclear on what the duties of each of the attorneys will be and the transition process. Mr. Sheldon said he will have no problem coordinating these items with Mr. Graven. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Garrison called the public hearing to order at 8:34 p.m. on the portion of Assessment Roll No. 170 pertaining to Carrollwood Village 4th Addition continued from September 25, 1980. Jack Ardoyno was present and said he still has some problems with the figures, but has not been able to talk with Keith Gordon about them because he is ill. Robert Rosene said if any errors are found in the figures, even after the assess- ment has been levied, the Council can always correct them. Mr. Ardoyno agreed with this. There being no other questions or comments, the Mayor closed the hearing at 8:40 p.m. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-128 amending Resolution No. 1980-123 by deleting paragraph 6, which has the effect of adding the total of the Carrollwood Village 4th Addition assessments to Roll No. 170. Ayes - 5 - Nays - 0. RES. 1980-128 ASSESSMENT ROLL No. 170 Jerry Pritchett spoke, representing neighbors in the area of 140th and Cedar, about the rezoning petition which was withdrawn. He said during the Planning Commission meetings on this he felt the Land Use Guide was not being upheld as it should be to protect the neighbors, and they are against "spot zoning" where it is different from the Land Use Guide. He also commented on the hearing notice procedures and said an area larger than 350 feet surrounding the property should be notified because of the impact on neighbor- hoods. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1980 Page 4 Mayor Garrison said the Land Use Guide is a guide and the Council is not sympathetic with "strip zoning" in the City and he had discouraged Mr. Eaton in his B-4 zoning request. Councilmember Holton said once the Land Use Guide is adopted, the City could be zoned to conform to it. The Mayor asked that Mr. Pritchett be notified, as spokes- man for the group, when a request for some action on this property comes up again, but the 350 foot notification is specified by State law and should not be expanded. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980~ 129 requesting Dakota County to conduct the necessary traffic investigation to determine if four-way stop signs are warranted on 140th Street at Johnny Cake Ridge Road and on 140th Street at Pilot Knob Road. Ayes ~ 4 - Nays - 1 (Kelly). RES. 1980-129 TRAFFIC SURVEY FOR STOP SIGNS MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- RES. 1980-130 130 requesting Dakota County to request the Minnesota Department SPEED LIMIT of Transportation to review the current speed limits on 140th SURVEY Street between Galaxie Avenue and County Road 33 and on Pilot Knob Road from County Road 42 to Ellice Trail. Councilmember 0vergard asked whether the speed limit on County Road 42 in the vicinity of Redwood Drive could be included in this request? John Gretz suggested this be handled as a separate item at a later time. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Overgard, adopting Resolution No. 1980- 131 requesting Dakota County to determine if a school speed limit zone should be established on 140th Street and/or Pilot Knob Road in the vicinity of Scott Highlands Middle School. Ayes - 5 - Nays - 0. RES. 1980-131 SCHOOL SPEED ZONE SURVEY RES. 1980-132 1980 TAX LEVY MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1980- 132 approving the 1980 tax levy, collectible in 1981, of $1,637,515 for general purposes and $701,258 for debt purposes for a total of $2,338,773. Ayes - 5 - Nays - 0. Councilmember Overgard said she had not prepared anything written on her proposal to hire a consultant to review the City's personnel evaluation procedures because she would like a concensus on whether to retain one before meeting with any consultants. Councilmember Holton said his only experience with this type of proposal has been negative and he could not agree to it. Mayor Garrison said he would want informa- tion on whether it would be cost effective and he would not agree to a consultant doing any evaluations. The majority of the Council agreed to look into this pro- posal further and Councilmember Overgard said she would take this as a work project and report back to the Council. She suggested the entire Council interview several consultants. Councilmember Kelly asked about the residents' concerns on the landscaping plans for 35E. Mike Chulyak was present and said at the Planning Commission meeting, the main problem was with the size of the plantings and not the overall plan. He said, from his experience in the nursery business, it is difficult to obtain a large quantity of larger sized plantings and the smaller plantings will have a better chance of maturing. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1980 Page 5 MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-133 approving the final plans for the 35E noise wall and landscaping as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1980-133 35E PLANS The Council received a memo from the City Administrator dated October 9, 1980, informing them that Carl Tollefson will be purchasing 100 percent of Beef 'N' Brew, Inc., which has an on-sale liquor license in the City. The Council discussed John Gretz's memo dated October 8, 1980, concerning a change order to Project 80-11, 140th Street improvements, which would be necessary to install a portion of pathway along the south side of 140th Street from Hayes Road to 140th Street Court. Councilmember Savanick said she would like to keep the pathway in the project. Mr. Gretz said this portion was included at the request of the School District, but recommends deleting it because a retaining wall would be required to install it and there is a pathway on the north side of the street. MOTION: of Savanick, seconded by Holton, approving Change Order No. 1 to PROJ. 80-11 the contract with McNamara-Vivant Contracting for Project 80-11, CHANGE ORDER 140th Street improvements, of an additional $3,000 for a retaining FOR PATHWAY wall. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). (Be- cause the motion failed, the pathway will not be installed.) Councitmember Savanick said she believes paths will be needed along both sides of 140th Street across the City. Mike Chulyak asked if this pathway was shown as part of the pathway plan for the City. Mr. Gretz said it was, but it was also acknowledged that probably pathways would only be constructed on one side of these streets because of the cost. Mayor Garrison asked whether the bingo manager's bond the Fire Relief Association had obtained for its bingo occasion on September 27, 1980, was necessary? Deputy Clerk Mueller said the bingo ordinance permits the Council to waive the bond for nonprofit organizations, but the Relief~ Association had obtained the bond without asking to have it waived. Councilmember Savanick said articles for the "Council Table" are due tomorrow. MOTION: of Savanick, seconded by Overgard, to pay the claims and bills, checks numbered 12697 through 12700, 19400 through 19440, 19442 through 19461 and 19470 through 19598, in the total amount of $1,656,689.40. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Savanick, seconded by Overgard, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:46 o'clock p.m.