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HomeMy WebLinkAbout09/13/1979CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 13th, 1979, at 7:00 o'clock p,m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly and Savanick (attended at 7:10 p.m.); Clerk Asleson, ABSENT: None. Mayor Garrison called the meeting to order at 7:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Holton~ approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - 0, APPROVE AGENDA MOTION: of Holton, seconded by Kelly, approving the minutes of the meeting MINUTES OF of August 27th, 1979, as written. Ayes - 3 - Nays - 0. AUG. 27, 1979 MOTION: of Kelly, seconded by Holton, adding the Academy Village bond resolution to the consent agenda; removing consideration of a cigarette license for Advance Carter Company from the consent agenda; and approving all items on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Holton, adopting Resolution No. 1979-142, a supplemental bond resolution for Academy Village commercial development revenue project, approving Note No. 20. Ayes - 3 - Nays - 0. RES. 1979-142 ACADEMY VILLAGE NOTE NO. 20 ACCESSORY BLDG. VARIANCE CARROLLWOOD 1ST BOND REDUCTION MOTION: of Kelly, seconded by Holton, granting a variance for a 218 square foot accessory building, in the rear yard, at 431 Reflection Road. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Holton, approving a reduction in the bond for Carrollwood Village 1st Addition from $1,630 to $600. Ayes - 3 - Nays - 0, The Council received a letter from Sharon Kline, 13093 Everest Avenue, commending the City of its planning, golf course, snow plowing and tree removal programs. Consideration of final payment for 140th Street west of Garden View Drive was tabled. MOTION: of Kelly, seconded by Holton~ approving Change Order 1 of an ad- CHANGE ORDERS ditional $900.00, Change Order 2 of an Additional $19,938.00 and PROJ. 78-6 Change Order 3 of an additional $6,070.00 to the contract with Barbarossa & Sons for Project 78-6(1), Chateau Estates 3rd improve- ments. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Holton, approving final payment to and accept- 1978 SEAL COAT ing the 1978 street seal coating project as final from Blacktop FINAL PAYMENT Service Company. Ayes - 3 - Nays - 0, CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 1979 Page 2 Consideration of final payment for Project 77-12(1), Cobblestones I and Timberwick 5th utility improvements, was tabled. MOTION: of Kelly, seconded by Holton, approving hiring James Thorman as Ice Arena Supervisor effective September 17, 1979, at $3.00 per hour; Deborah Thomas as Liquor Sales Clerk effective August 8, 1979, at $2.85 per hour; Nancy Sjoberg as Police Dispatcher effective September 4, 1979, at $4.66 per hour; and approving a salary increase for Dwight Lundquist effective September 11, 1979, to a salary of $4.25 per hour. Ayes - 3 - Nays - 0. HIRE PARTTIME EMPLOYEES FORESTER AT- TEND TIMBER SHOW BASSETT & WALZ MRPA CONFERENCE MOTION: of Kelly, seconded by Holton, authorizing David Gullifer to at- tend the Timber Producer's Show on September 14 and 15, 1979, in Grand Rapids, Minnesota. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Holton, authorizing Michael Bassett and Margie Walz to attend the Minnesota Recreation & Park Association annual conference in Duluth, Minnesota, October 3 to 5, 1979. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Holton, approving hiring Kerry Wood for main- HIRE WOOD AT tenance at the Sports Arena under the C.E.T.A. program at a salary SPORTS ARENA of $854 per month effective September 14, 1979. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Holton, authorizing John Gretz to attend a Grantsmanship Training Program in Des Moines, Iowa, on October 17 to 19, 1979. Ayes - 3 - Nays - 0. GRETZ ATTEND GRANT PROGRAM END OF CONSENT AGENDA ITEMS Councilmember Savanick attended at this time. Carl Stenderson, Liquor Director, presented the Council with his letter of resignation effective March 31, 1980. The Council said a recruitment procedure for his replacement would be discussed at a later time. Mayor Garrison called the public hearing to order at 7:15 p.m. on Assessment Rolls 150 through 162 and noted receipt of the affidavit of publication of the hearing notice. He asked for questions or comments from the public, Councilmembers and staff on each of the rolls as follows: No. 150 - Street improvements in Carrollwood Village 3rd, Apple Valley East 2nd, Forest Park Estates and Timberwick 4th - $179,382.65 - No Comments. No. 151 - Utility improve- ments in Longridge 1st - $451,978.39 - No Comments. No. 152 - Utility improvements in Longridge 2nd - $665,874.62 - No Comments. No. 153 - Street improvements in Academy Vil- lage and Apple Valley East 3rd - $257,430.61 - No Comments. No. 154 - Utility improvements in Academy Village and Apple Valley East 3rd - $151,666.80 - No Comments. No. 155 - Util- ity improvements in Farquar Hills - $147,385.63 - No Comments. No. 156 - Street improve- ments in Farquar Hills - $100,908.15 - No Comments. No. 157 - Utility improvements in Pennock, Cobblestones I and Timberwick 5th - $479,419.55 - No Comments. No. 158 - Street Improvements on Pennock, Cobblestones I and Timberwick 5th - $343,455.88 - No Comments. No. 159 - Alimagnet Storm Sewer Outlet Project - $56,694.16: Mr. Robert Arthur asked what discussions occurred at meeting on September 10, 1979, and when project will be com- plete? Mr. Asleson explained that the meeting was to discuss questions on specific CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 1979 Page 3 assessments. Mr. Rosene said the lake has been pumped with a temporary pump and the permanent pump is being installed this week. Jim Blackett asked if the final costs are more than has been assessed, who will pay the difference? The Mayor said this is paid by trunk assessments and property is only assessed once. If the costs are more than what has been assessed now, the extra costs would be paid by the trunk fund. Mr. Arthur asked if Burnsville is sharing equally in the cost? Mr. Asleson said, based on the acreage in the drainage area, Burnsville is paying 60 percent of the cost. Mr. Arthur said he is opposed to the assessment because he was not part of designing the system which caused him to have to pay additional charges. He said he protests to being assessed for the problems of homes on the lake and the design of a system which lets water run into the lake. He said the propertyowners should be given a notice which says they can prepay this assessment. Mr. Asleson said the validity of the project was dis- cussed at the project hearing in November of 1978. The notice of the hearing states the assessment can be prepaid in 30 days without intereAt and the cover letter with the notice also included this information. Mayor Garrison said at one time or another, all property in the City will eventually be assessed for trunk charges. Mr. Arther said there is a lack of planning in the storm sewer system. Mr. Rosene explained that the City's storm sewer system collects water in ponding areas which eventually overflow to the lake. The pump was needed to take excess water from the lake in periods of heavy rainfall. He said it is not practical Go install a storm sewer system in undeveloped property, so the system is not yet complete but is being installed as property develops. Councilmember Savanick asked how the drainage area was determined? Mr. Rosene said the boundaries were determined by the direction of drainage flow and property which is in parts of two drainage areas can be put in either drainage area, but is usually included in the first area to be assessed. Eventually all property will be assessed, but as time goes on the trunk charges may be higher than they are today, The Council received a letter from John Kirby, 452 Reflection Road, questioning the effectiveness of the project. Mr. Asleson submitted corrections in the amounts on parcels numbered 01-56650-040-04 changing it to $55.43 and 01-56650-041-04 changing it to $680.22, There were no other comments on this roll. No. 160 - Utility improvements in Chateau Estates 3rd and Heritage Hills 6th - $2,69,272.81 - No Comments. No. 161 - Utility improvements in Apple Valley East 4th - $132,363.08 - No Comments. No. 162 - Street improvements in Apple Valley East 4th - $97,935.38 - No Comments. Mr. Asleson distributed a memo concerning Palomino Development's request to add its payment for sidewalk in the Palomino Hills 6th Addition Replat to Chateau Estates 3rd Addition assessments. Councilmember Savanick asked where funds will come from for~the Alimagnet Park assess- ment? Mr. Asleson said this will be a special debt levy with the tax levy each year until paid. There being no further questions or comments, the Mayor declared the hear- ing closed at 7:45 p.m. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1979-141 RES, 1979-141 levying Assessment Roils No. 150 through 162 as presented. Ayes - ASSMT. ROLLS 4 - Nays - 0. 150-162 CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 1979 Page 4 MOTION: of Savanick, seconded by Holton, acknowledging receipt of the letter of Palomino Development Corporation dated September 12, 1979, and that the City Council does approve the amount of $7,500 as the full amount payable to the City of Apple Valley for sidewalks deleted from Herald Circle in the Palomino Hills Sixth Addition Replat. Ayes - 4 - Nays - 0. SETTLE SIDEWALK AMOUNT IN PAL. HILLS 6TH REPLAT MOTION: of Holton, seconded by Kelly, that Resolution No. 1979-141 AMEND RES. 1979- heretofore adopted on this date, related to the levy of spe- 141 ADD ASSMT. cial assessment rolls numbered 150 to 162 is hereby amended ROLL 163 by adding thereto assessment number 163 in the amount of $14,700 being assessable equally against all lots in Chateau Estates Third Addition, spread over three years, with all other terms and conditions of said assessment to be identical to those stated in said resolution, The Council noted receipt of a letter dated September 13, 1979, from Palomino Develop- ment Corporation waiving its right of appeal on assessment rolls 160 and 163. Vote was taken. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Holton, receiving the Cable TV Commission's CABLE TV COM. Annual Report for the period ending August 1, 1979, and authori- ANNUAL REPORT zing forwarding it to the State Cable Commission. Ayes - 4 - Nays - 0, MOTION: of Savanick, seconded by Holton, setting a public hearing at 8:00 p.m. on October 25th, 1979, on a proposed revised ordinance creating and awarding a cable television franchise to Metro Cable, Inc., and rules governing operation of the same. SET HEARING ON CABLE ORDINANCE Scot Rutherford of the Cable TV Commission was present and said representatives of the Minnesota Cable Communications Board will also give a presentation at the hearing. The Mayor said the Cable TV commission members should also attend the hearing. Vote was taken on the motion, Ayes - 4 - Nays - 0. MOTION: of Holton~ seconded by Kelly, approving a Joint Powers Agree- ment with the City of Burnsville for the Clean Lakes Grant Pro- gram and authorizing the Mayor and Clerk to sign it. Ayes - 4 - Nays - 0. BURNSVILLE-A.V. AGREEMENT ON LAKE GRANT The Council discussed a request for four-way stop signs at the intersection of Garden View Drive and Whitney Drive. Councilmember Savanick said perhaps a four-way stop should be considered there, but the Council has not established a policy on where four-way stop intersections should be. Councilmember Holton said he would like to review all four-way stop sign intersections before taking action. The Council requested that this be tabled until the first meeting in October and at that time review all four-way stop intersections in general. The Council discussed rental of the east garage bay of the fire station at City Hall to the Valley Athletic Association. Councilmember Kelly said she would like to table this until after the 1980 budget has been reviewed because the City may need the garage CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 1979 Page 5 storage space itself. John Gretz said the Fire Department plans to be moving into the two new fire stations about November 15th, He also said that if this space to rent is advertised and there are several interested parties-in the rental area, only those who fall under the Institutional zone category could be considered as a tenant. MOTION: of Garrison~ seconded by Holton, directing staff to place an adver- ADVERTISE tisement for space to lease by the City. Ayes - 4 - Nays - 0. SPACE FOR RENT MOTION: of Nolton, seconded by Savanick, setting a public hearing at 8:30 p,m. on October 11, 1979, on the issuance of $1,500,000 revenue bonds for financing an office building and warehouse on behalf of Radichel Realty and North Star Concrete SET HEARING NORTH STAR REVENUE BONDS John Favor, of Charter Builders, showed the plans for an office-showroom building and an office building to be located in the North Star Subdivision. John Gretz said the Plan- ning Commission reviewed the plans and gave its approval and recommends a variance for building coverage on the site. The ordinance provides for a maximum building coverage on sites in industrial areas of 20 percent and the Planning Commission will be recommend- ing a change in the ordinance. This plan has site coverage of approximately 27 percent. He also said 156 parking spaces are shown, but they are of smaller size than required in the ordinance. Even with the plan revised to show the correct size parking spaces, they will have in excess of the 106 parking spaces required. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, approving a variance for the buildings BLDG. PERMIT to exceed 20 percent of the lot coverage and a building permit for NORTH STAR an office-showroom and office building on Lot 3, Block 1, North Star IND. PARK Industrial Park for Charter Builders, Inc,, as recommended by the Planning Committion. Ayes - 4- Nays - 0. Consideration of rezoning and preliminary plat for Forest Green Subdivision was tabled. Mr. Asleson reviewed a four-part change order which would correct the drainage problems of Reflection Road at a cost of $17,550.00 and correct a drainage problem on 131st Street in Heritage Hills 3rd Addition at a cost of $10,430,00 and do other work at a cost of $5,050.00, CHANGE ORDER MOTION: of Holton, seconded by Kelly, approving Change Order 4 to the con- tract with Barbarossa & Sons for Project 78-6(1) of an additional PROJ. 78-6(1) $33,030.00 with no work being done on parts 1 and 2 until the attor- ney is satisfied that the necessary easements have been obtained. Ayes - 4 - Nays - 0. The Council received information on the County Road 42 and Garden View Drive intersection from Dakota County, A two-phase project for correcting traffic problems was outlined. Phase 1 would be a "lead/lag" left turn signal phase on County Road 42 and resurfacing the intersection for a total of $13,500. Phase 2 would include widening the intersection and adding left turn lanes for a total of $150,000. The County would not anticipate widening the intersection until the 1980 or 1981 construction season. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 1979 Page 6 MOTION: of Holton, seconded by Kelly, directing Staff to write to Dakota CO. RD. 42 & County to proceed with Phase 1 changes in the traffic signals at GARDEN VIEW County Road 42 and Garden View Drive and begin plans for the INTERSECTION Phase 2 improvements and directing the City Engineer to prepare IMPROVEMENTS plans for the intersection resurfacing as outlined in John Gretz's memo dated September 6, 1979. Ayes - 4 - Nays - 0. Councilmember Savanick said she had several more concerns about pedestrian problems with this intersection. The Mayor asked her to list them in a memo so they can be pre- sented to the County. MOTION: of Kelly, seconded by Holton, adopting Resolution No. 1979-143 receiving the preliminary report and setting a public hearing on October 11, 1979, at 8:45 p.m. on Project 79-13, water hyd- rants for Eaton's Mobile Home Park. Ayes - 4 - Nays - 0. RES. 1979-143 SET HEARING PROJ. 79-13 REVISED WHEATEN POND AGREEMENT MOTION: of Holton, seconded by Kelly, approving a revised agreement with Earl Wheaten for storm water pending with an additional $400 payment to him in 1979 and payments of $1,000 per year for 1980 and 1981. Ayes - 4 - Nays - 0, MOTION: of Kelly, seconded by Garrison, approving a cigarette license APPLE PLACE for Advance Carter Company at Apple Place for 1979 subject to the CIG. LICENSE machine being moved from the entrance to inside the bar area. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-144 awarding the construction of two combination toilet and shower rooms and one utility room in the City Hall basement to Langer Construction, the low bidder, in the amount of $19,870.00, and waiving any irregularities in the bidding, Ayes - 4 - Nays - 0. RES. 1979-144 AWARD CITY HALL BASEMENT COMPLETION PURCHASE POLICE CARS MOTION: of Holton, seconded by Savanick~ authorizing the purchase of two police cars from Grossman Chevrolet for the low quotation of $5,985,65 each. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, approving Agreements with the DISPATCHING Cities of Farmington and Lakeville for Apple Valley to continue ' AGREEMENTS police dispatching services for these Cities and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Mayor Garrison said the Council has the options of reinstituting the snow shoveling ordinance as it was previously, reinstituting an amended form or not have the ordinance and have the City plow certain sidewalks and pathways. The Council received data from Mike Bassett on the costs of such snow removal and the Council agreed to table this item until the next meeting to review it further. MOTION: of Holton, seconded by Kelly, approving a transient merchant license for Mid-American Institute of Energy Resource Techno- logy, Inc., for five years, to sell tickets for fund raising events and such selling on commercial property must have consent of the property owner. Ayes ~ 4 - Nays - 0. TRANS. MERCHANT LIC, MID-AMER. ENERGY INST. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 1979 Page 7 MOTION: of Holton, seconded by Kelly, adopting Resolution No. 1979-145 setting a public hearing at 9:00 p.m. on October 11, 1979, on vacation of a storm sewer easement located approximately north of Cedar Park School and south of Apple Villa Apartments. Ayes - 4 - Nays - 0. RES. 1979-145 SET EASEMENT VACATE. HEARING MOTION: of Holton, seconded by Savanick, setting the starting time for MEETING TIME regular City Council meetings at 8:00 p.m. Ayes - 4 - Nays - O. Mayor Garrison commented on the procedures for filling the vacancy on the Council and said six candidates were interviewed on September 8th, 1979, and the Council has narrowed this down to two candidates now. MOTION: of Garrison, seconded by Kelly, appointing Marlis Overgard for OVERGARD the vacancy on the City Council for a term expiring December 31, APPOINTMENT 1980. Councilmember Holton attempted to enter a motion to appoint Donald Romain for the vacancy but he was ruled out of order by the Mayor. MOTION: of Savanick, seconded by Holton, challenging the ruling of the chair. Ayes - 2 ~ Nays - 2 (Holton and Savanick). A tie vote sustains the ruling of the chair. Councilmember Holton said he would like to table consideration of an appointment for further consideration. Vote was taken on the motion. Ayes - 2 - Nays - 2 (Holton and Savanick). Motion Failed. MOTION: of Holton, seconded by Savanick, appointing Donald Romain for the vacancy on the City Council for a term expiring December 31, 1980. Jim Sheldon said that when there is a tie vote of the Council, the Mayor makes the appointment without further Council action. Vote was taken on the motion. Ayes - 2 - Nays - 2 (Garrison and Kelly). Mr. Sheldon said the Mayor should file a resolution with the Clerk appointing whom- ever he wishes, whether it is one of the candidates considered now or not. Mayor Garrison said he will be appointing Marlis Overgard to fill the vacancy. MOTION: of Savanick, seconded by Kelly, to pay the claims and bills, checks numbered 8902 through 8904, 14288 through 14299, 14301 through 14351, 14358 through 14422, 14430 through 14499 and 14502 through ~ 14526, in the total amount of $4,772,114.08. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Kelly, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:14 o'clock p.m.