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HomeMy WebLinkAbout10/23/1980CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 23, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor 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 Savanick, seconded by Overgard, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA OCT. 9, 1980 MINUTES CONSENT AGENDA RES. 1980-134 CHANGE HARNEY COURT NAME MOTION: of Overgard, seconded by Savanick, approving the minutes of the meeting of October 9, 1980, as written. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, adding the street name change request and Change Order No. 1 to the Leibfried contract with no exceptions. Ayes ~ 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-134 requesting the Dakota County Planning Department to change the street name from Harney Court to an alternate name to be selected by it as requested by the residents of that Court. Ayes - 5 - Nays MOTION: of Holton, seconded by Overgard, approving Change Order No. 1 to PROJ. 80-10(2) the contract with Leibfried Construction for Project 80-10(2), Park PARK BUILDINGS Shelter Buildings, substituting concrete footings for wood footings CHANGE ORDER at no price change. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, approving a transient merchant li- TRANS. MERC. LIC. cense for five years for Boy Scout Troop 290 for various fund rais- SCOUT TROOP 290 ing projects. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, approving Change Order No. 1 to contract with McNamara-Vivant Contracting for Project 80-2(2), Apple Valley East 5th Streets, of an additional $565.20. Ayes - 5 - Nays - 0. PROJ. 80-2(2) CHANGE ORDER 1 RES. 1980-135 CO. RD. 42 EASEMENT FROM CITY MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980-135 accepting the offer from Dakota County of $6,690 for the County Road 42 easement on City property at the intersection of County Road 42 and County Road 31 and authorizing the Mayor and Clerk to execute the documents. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, accepting Project 80-12, seal coat- PROJ. 80-12 lng, from Tri-County Surfacing and authorizing final payment in the FINAL PAYMENT amount of $6,293.82. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1980 Page 2 MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980- 136 awarding 1980-81 snow removal equipment rental to Fischer Sand & Aggregate, the low bidder, and street maintenance mater- ials to the various low bidders as shown in Exhibit A. Ayes - 5 - Nays - 0. RES~ 1980-136 1980-81 SNOW EQUIP. & STREET MATERIALS RELEASE APPLE VILLA LANDSCAPE BOND RES. 1980-137 SUPPORT REV. SHARING MOTION: of Holton, seconded by Overgard, authorizing releasing a $25,000 letter of credit guaranteeing installation of landscaping for Apple Villa South. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980- 137 supporting the re-enactment of Federal General Revenue Sharing legislation by Congress. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by 0vergard, authorizing hiring various re- PARTTIME creation and Ice Arena parttime employees as shown in the memo EMPLOYEES from Michael Bassett dated October 17, 1980. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS Mayor Garrison called the public hearing to order at 8:02 p.m. on the request of Group Health Plan, Inc., for industrial development revenue bond financing and noted receipt of the affidavit of publication of the hearing notice. The financing is for Group Health Plan to construct a facility to be located north of future 153rd Street at Pennock Avenue. The Council received a letter dated October 23, 1980, from Piper, Jaffray & Hopwood stating that the proposal is financially feasible and that it would purchase the bonds. The Mayor asked for any questions or comments from the Council and the audience. There were none and the hearing was closed at 8:04 p.m. MOTION: of 0vergard, seconded by Holton, adopting Resolution No. 1980- 138 granting preliminary approval of $3,000,000 of industrial development revenue bond financing for Group Health Plan, Inc. Ayes - 5 - Nays - 0. RES. 1980-138 GROUP HEALTH PLAN BONDS Mayor Garrison reviewed past discussions on proposed uses for the Thompson sales office building by the City. Mike Bassett also commented that the building had been considered for the golf course clubhouse or a park shelter building, but was no longer needed. He said the best use would be by the Valley Athletic Association (VAA) on the Hayes Field site. It could be moved to the area and located east of the parking lot and toward the south end of it. The VAA is also proposing to construct a basement under the building. The Council received a letter from the VAA dated October 21, 1980, stating they would vacate the garage space they are leasing at City Hall if this proposal is approved. Jim Sheldon reviewed a proposed lease with VAA for the building site containing a one- year cancellation provision, defining permitted uses, requiring repair and maintenance on the building and insurance. He also stated the lease is for a five-year term, auto- matically renewable for five-year terms. This was the longest term of lease available to the City because the City can purchase property over a five-year term if desired. Councilmember Overgard stated she was concerned about this five-year term and would like to see VAA's interest protected. The Council discussed this and the fact that the lease would renew for additional five-year terms. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1980 Page 3 MOTION: of Holton, seconded by Savanick, approving a lease with the Valley Athletic Association for an area approximately 75 feet by 100 feet at Hayes Field, on which it will locate a building, and authorizing the Mayor and Clerk to sign the lease. VAA BLDG. SITE LEASE AT HAYES The Council discussed the insurance requirements of $300,000 for premises liability and $25,000 for fire and legal liability. Kathy Weesner expressed thanks for the VAA for the City's cooperation and said the VAA will be spending about $25,000 for moving the building and constructing the basement and would like the most assurance possible for a long term lease on the site. The VAA will be paying for all of the building's utilities. Vote was taken on the motion. Ayes - 5 - Nays ~ 0. MOTION: of Overgard, seconded by Savanick, approving a building permit for VAA BUILDING the Valley Athletic Association to relocate a building at Hayes PERMIT Field as recommended by the Planning Commission. Ayes - 5 - Nays Mayor Garrison reviewed the recommendation of Michael Bassett dated October 17, 1980 concerning playground equipment bids received October 14, 1980. He said he is uncom- fortable with the recommendation to award 17 items to Minnesota Playground, Inc., because it was not the low bidder. Councilmember Holton said he was concerned about this recommendation also, but after reviewing the explanations, he agrees with the recommendation. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1980- 139 awarding the contracts for Project 80-10(3), playground equip- ment, to Minnesota Playground, Inc., in the amount of $119,440.98; Earl F. Andersen & Associates in the amount of $8,345.00; and Hamele Recreation in the amount of $6,122.00; as recommended. RES. 1980-139 PLAYGROUND EQUIPMENT BIDS Mike Bassett said Minnesota Playground informed him that Game Time, from whom it will be purchasing some of the equipment, will reduce its shipping costs by about $6,000 because of the quantity of equipment and Minnesota Playground will pass this reduction along to the City. Vote was taken on the motion; Ayes - 5 ~ Nays - O. Councilmember Savanick asked when the equipment will be usable? Mr. Bassett said by Spring of 1981. Mayor Garrison reviewed a proposed site acquisition for Deep Well No. 9 from Fischer Sand & Aggregate on the Shakopee Gravel site. He also suggested acquiring a well site from McNamara now instead of waiting until it is actually needed. He said if the ac- quisition cost from McNamara is less than from Fischer, Well 9 should be drilled on the McNamara site. Robert Rosene said the Fischer site on 140th Street is at final grade now because of the 140th Street construction and only some gravel on the site must be removed. He said he is not sure how much excavation would be required on the McNamara site. The combined land acquisition and excavation on the Fischer site is $8,000. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 1980 Page 4 MOTION: of Savanick, seconded by Kelly, authorizing the Mayor and Clerk PURCHASE to execute a land purchase agreement for Deep Well No. 9 with WELL 9 SITE either Fischer Sand & Aggregate or Michael McNamara provided the land cost and site work do not exceed $8,000. Ayes ~ 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- 140 awarding the contract for Project 80-15(1), Deep Well No. 9 Drilling, to Keys Well Drilling, the low bidder, in the amount of $73,730.00 subject to land for the well site being acquired before the contract is executed. Ayes - 5 - Nays - 0. RES. 1980-140 PROJ. 80-15(3) WELL 9 DRILLING SET SPECIAL MEETING RETAIN HOLMES & GRAVEN LEGAL COUNSEL IN SUIT MOTION: of Overgard, seconded by Savanick, setting a special meeting at 8:00 p.m. on Thursday, November 6, 1980, to canvass election results and such other business as may come before the Council. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving an agreement with the firm of Holmes & Graven to serve as the City's legal counsel in the lawsuit by Apple Valley Red-E-Mix against the City and authorizing the Mayor and Clerk to sign the agreement. Ayes - 5 - Nays - 0. Councilmember Kelly asked that the Dakota County Tribune make a correction in its report on the Council meeting of October 9, 1980 in that Mr. Graven was not asked to give a preliminary report to the Council as stated in the article. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1980- 141 awarding the contract for Project 80-17, Johnny Cake Ridge Road Pathway, to B-Tu-Mix Construction, the low bidder, in the amount of $48,503.30, subject to the Minnesota Department of Transportation approving the project. Ayes - 5 - Nays - 0. RES. 1980-141 PROJ. 80-17 JOHNNY CAKE PATHWAY CONTR. MOTION: of Overgard, seconded by Kelly, approving a building permit for BERGACKER Fred Bergacker at 4978 West 150th Street for a house as recom- BLDG. PERMIT mended by the Planning Commission because the existing house will be removed during the County Road 42 widening. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, to pay the claims and bills, checks numbered 12701, 18612, 18613, 19608 through 19668, 19678 through 19733 and 19735 through 19767, in the total amount of $3,392,522.98 excluding check number 19734 to Inter- Design. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Overgard, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 8:53 o'clock p.m.