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HomeMy WebLinkAbout10/11/1979CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 11th, 1979, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton (attended at 8:30 p.m.), 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 Kelly, seconded by Savanick, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving the minutes of the regular meeting of September 27th, 1979, as written. Ayes - 4 - Nays ~ 0. SEPT. 27, 1979 MINUTES OCT. 4, 1979 MINUTES CONSENT AGENDA GREENLEAF 13TH PRELIMINARY PLAT APPROVAL RES. 1979-151 SPEED SURVEY PALOMINO DRIVE RES. 1979-152 VALLEY COM.PARK 2ND STREET VACATION HEARNG RES. 1979-153 1979-80 SNOW REMOVAL & STREET MATERIALS MOTION: of 0vergard, seconded by Kelly, approving the minutes of the special meeting of October 4th, 1979, as written. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving all items on the con- sent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Overgard, approving the preliminary plat of Greenleaf 13th Addition as recommended by the Planning Commission and directing Staff to prepare a subdivision agreement. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1979-151 requesting the Dakota County Board of Commissioners to request the Minnesota Department of Transportation to perform a speed survey on County Road 38 (Palomino Drive) between County Road 11 and Cedar Avenue. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1979-152 setting a public hearing at 8:00 p.m. on November 8, 1979, to ~ consider vacating certain streets in Valley Commercial Park 2nd Addition related to the replatting of part of that Addition. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, adopting Resolution No. 1979-153 awarding the contract for 1979-80 snow removal and street grading to Fischer Construction, the low bidder, and awarding street re- pair materials to the respective low bidders as listed on Exhibit A. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1979 Page 2 MOTION: of Savanick, seconded by Kelly, passing Ordinance No. 229 prohib- iting the sale, transfer and possession of drug-related devices in the City. Ayes - 4 - Nays - 0. ORDINANCE 229 PROHIBIT DRUG RELATED ITEMS Councilmember Kelly said she would call Alice Kreitz, an Eagan resident who worked on this ordinance for Eagan, and tell her that it has been passed by Apple Valley. Mayor Garrison reviewed a report from John Gretz on multi-way stop signs and the Council discussed existing stop signs. MOTION: of Savanick, seconded by Overgard, approving retaining the four- way stop signs at the intersection of Pennock and 145th Street, the three-way stop signs at the intersection of Hayes and 145th Street and adopting Resolution No. 1979-154 installing four-way stop signs at the intersection of Garden View and Whitney Drives. Ayes - 4 - Nays - 0. RES. 1979-154 G.V. & WHITNEY STOP SIGNS Consideration of a variance for an off-site directional sign by Lampert Yards, Inc. was tabled. Mayor Garrison reviewed a draft of an agreement for Namron Company First Addition, located west of Whitney Drive and north of Cedar Park School. He also reviewed drafts of paragraph 9, as prepared by the City Staff and the developer, related to a variance in the number of parking spaces required for the 56-unit housing proposal. Mr. Norman Bjornnes, Jr., of Namron Company, and Mike McKenna, of Realty Development, were present. Mr. Bjornnes distributed figures on parking space requirements in the metropolitan area for this type of development which show that not as many parking spaces are needed as are required by the City's ordinance. Mr. Bjornnes said he would like paragraph 9 to grant a permanent variance, in the number of parking spaces required, after three years if no parking problems exist. Mr. Bjornnes said he would like the present ordinance to be the standard for this development and retain those standards for this development even if the ordinance is changed in the future. Jim Sheldon, City Attorney, said the wording for paragraph 9 should be that drafted by the City staff allowing a trial period on the parking varience and at the end of the trial period, the City would consider granting the permanent variance. John Gretz said the trial period could commence with completion of the last building rather than with the date of the agreement. Mr. Bjornnes said they expect to complete the buildings between August and October of 1980. Councilmember Holton attended at this time. MOTION: of Kelly, seconded by Overgard, approving the final plat of Namron NAMRON CO. 1ST Company First Addition and the Development Agreement for it with FINAL PLAT & the wording in paragraph 9 that a variance in the number of parking AGREEMENT spaces will be considered after a two-year trial period, if no parking problems exist after said trail period, with the two-year trial period to commence when the last building is occupied. The Mayor and Clerk are also authorized to sign the plat and Agreement. Mayor Garrison asked if the plans show pathways from the development to Cedar Park School? Mr. Bjornnes said the architect is drawing those into the plans. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1979 Page 3 Mayor Garrison called the public hearing to order at 8:40 p.m. on the request of Radichel Realty Company (North Star Concrete) for the issuance of $1,500,000 of industrial devel- opment revenue bonds and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said this hearing is required on revenue bonding requests by 1979 legisla- tion which amended the Minnesota Municipal Industrial Development Act. The Mayor asked for comments from the Council, Staff and audience. There were none and the hearing was declared closed at 8:42 p.m. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1979-155 giving preliminary approval to Radichel Realty's request for $1,500,000 of industrial development revenue bonds for acquisi- tion and construction of a warehouse-office building. Ayes - 5 - Nays - 0. RES. 1979-155 RADICHEL REALTY IND. REV. BONDS Councilmember Savanick said the deadline for articles for the "Council Table" newsletter is October 19, 1979. Councilmember Kelly asked that the police-fire-ambulance phone number for emergencies be displayed more prominently in the "Council Table" and that stickers with the phone number be sent out in the water bills again. Councilmember Holton said he wanted to discuss multi-way stop signs further~and a policy on where these stop signs should be installed should be considered at a future meeting. Mayor Garrison called the public hearing to order at 8:48 p.m. on Project 79-13, water hydrants in Eaton's Mobile Home Park, and noted receipt of the affidavit of publication of the hearing notice. Robert Rosene said the City's water main goes to the edge of the Park and the internal lines are owned by the Park. The estimated cost of installing ad- ditional water mains and hydrants is $44,000. John Smaby, a resident of the Park, asked about assessments for the cost. Mr. Rosene said the assessments would be levied against the land in the Park and not the mobile homes. Mr. Robert Cole, the Park owner, asked whether lines could be extended from the main outside the Park to each corner with four hydrants rather than extending water lines through the Park and could this be done less expensively? Mr. Asleson suggested he meet with the Engineer to review this. Brian Kirchman, a resident of the Park, said he is concerned with how this cost will affect the tenants' rent. The Mayor said the assessment could be spread over 15 years. After everyone present had been given an opportunity to comment, the Mayor continued the hearing for two weeks and asked Mr. Cole to meet with Mr. Rosene and Paul Hunsinger, the Fire Chief, to review this further. The hearing adjourned at 9:00 p.m. Mayor Garrison called the public hearing to order at 9:00 p.m. to consider vacating a storm sewer easement and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson said this is an easement for temporary ponding and is no longer needed by the City. The easement is on the Namron Company 1st Addition property, south of the Apple Villa Apartments. The Mayor asked for comments from the Council, Staff and audience. There being none, the hearing was declared closed at 9:04 p.m. MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1979-156 vacating a public storn sewer easement as described in the notice attached. Ayes - 5 - Nays - 0. RES. 1979-156 VACATE EASEMENT CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1979 Page 4 MOTION: of Holton, seconded by 0vergard, adopting Resolution No. 1979-157 accepting the recommendation of the Planning Commission to deny approval of a rezoning and preliminary plat petition for the pro- posed Forest Green subdivision. Ayes - 5 - Nays - 0. RES. 1979-157 DENY FOREST GREEN SUBDIV. Mr. Asleson said he has received a waiver of the right to appeal an assessment from Mt. Olivet Church for the Hamlet I and 142nd Street improvements. He also said Barth De- velopment has asked the City to reject the bids for the street improvements and will be installing those itself, but does want the City to proceed with the utility improve- ments. MOTION: of Overgard, seconded by Kelly, approving Change Order No. 2 to the contract with Encon Utilities for Project 79-2(1) of an ad- ditional $70,011.00 for utility improvements in Hamlet I. Ayes - 5 - Nays - 0. CHANGE ORDER 2 PROJ. 79-2 (1) HAMLET I IMPROVEMENTS MOT I0N: of Savanick, seconded by 0vergard, adopting Resolution No. 1979- RES. 1979-158 158 awarding the contract for Project 79-9(2), Hunters Wood 1st AWARD PROJECT and 2nd Addition and Essex Avenue Street Improvements, to 79-9(2) McNamara-Vivant Contracting, the low bidder, in the amount of $324,132.00 which deletes $59,185 for Hamlet I improvements. Ayes - 5 - Nays - 0. The Council reviewed the specifications for towing and impoundment of vehicles. Richard Tuthill questioned the inclusion of free towing of City vehicles. Bill Jacobson said he objects to this being included in the specifications. Mr. Asleson said the City tows could be set at a certain number to make it more specific. Mr. Sheldon agreed with that. MOTION: of Holton, seconded by Garrison, changing the item on page 11 of TOWING the towing specifications to read that a maximum of 20 tows per SPECIFICATIONS; year for City-owned emergency vehicles will be done without charge. Ayes - 4 - Nays - 1 (Savanick). The Council also agreed paragraph 3.3 should be reworded to include a charge if the towing contractor is called out and no vehicle is towed. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1979-159 RES. 1979-159 approving the specifications for towing and impoundment of ADVERTISE FOR vehicles as amended and authorizing advertisement for bids for a TOWING CONT. towing contractor to be received at 2:00 p.m, on October 29th, 1979.BIDS Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1979- 160 urging issuance of a permit to build I35E along the A-1 alignment bridging Blackhawk Lake as ordered by the Dakota County District Court. Ayes - 5 - Nays - 0. RES. 1979-160 URGE PERMIT I35E CONST. The Council received a memo on ambulance service. Mr. Asleson said he attended a meeting at Divine Redeemer Hospital on this subject. Nine Dakota County Cities now have a contract with Divine Redeemer and he said it might be possible to include Apple Valley, Burnsville, Farmington and Lakeville in this arrangement by October 1, 1980. The pre- sent discussions have been about a four-year contract for these four Cities. He review- ed cost comparisons for two paramedic ambulance vehicles from Smith Ambulance and Divine Redeemer and said the current contract with Smith expires December 31, 1979. Smith will CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1979 Page 5 no longer be receiving a subsidy from Fairview Hospitals in 1980 and will not consider a four-year contract. A four-year contract with Divine Redeemer would include a pro- vision that the subsidy will not exceed $1.95 per capita annually. Councilmember Kelly asked about termination provisions in the contract. Mr. Asleson said this is an item that would be included in the contract when it is prepared. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1979- 161 stating intent to enter into a contract for ambulance ser- vice with Divine Redeemer Hospital effective January 1, 1980, along with the Cities of Burnsville, Farmington and Lakeville. Ayes - 5 - Nays - 0. RES. 1979-161 INTENT FOR AMUBLANCE CONT. The Council received a draft of an ordinance, prepared by the City Attorney, requiring sidewalks to be maintained in passable condition and making it a public nuisance if they are unsafe. The Council also received a letter from Pam Sohlberg, 99 Hidden Meadow Road, opposing adoption of a snow shoveling ordinance. MOTION: of Savanick, seconded by Holton, passing Ordinance No. __re- SIDEWALK SNOW quiring sidewalks to be maintained in a safe and passable con- REMOVAL dition except on stub streets or sides of streets where no houses face. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Motion failed. MOTION: MOTION: of Kelly, seconded by Overgard, passing Ordinance No. 230 re- quiring snow and ice to be removed from all public sidewalks within 48 hours after it has ceased to be deposited there. of Holton, seconded by Savanick, amending the above motion by excluding sidewalks on sides of dead end streets on which no houses face from this ordinance. Ayes - 3 - Nays - 2 (Kelly and Overgard). ORDINANCE 230 SIDEWALK SNOW REMOVAL Mr. Asleson asked the Council if it wants the City to remove snow from sidewalks abutting any non-City-owned property? Mr. Bassett showed a map detailing pathways, sidewalks abutting City-owned property and sidewalks abutting non-City-owned property on which~ the City removed snow last year. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Garrison, to continue the policy of the CITY SNOW City removing snow from certain pathways and sidewalks similar to REMOVAL POLICY that done last year. Mr. Bassett was asked to prepare a map showing pathways and sidewalks on which the City will remove snow for approval at the next meeting. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Kelly, promoting Terry Cook to the posi~ PROMOTE COOK tion of Police Sergeant effective October 20, 1979, at a salary SERGEANT of $1,739 per month. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 11, 1979 Page 6 MOTION: of Kelly, seconded by Savanick, approving hirng Yvonne Buck for the position of Receptionist-Typist effective October 29, 1979, at a salary of $637 per month. Ayes - 5 - Nays - 0. HIRE BUCK RECEPTIONIST CHANGE ORDER 1 PROJ. 79- 9(2) GARDEN VIEW & 42 CHANGE ORDER 2 TO 5, PROJ 77-12(1) RES. 1979- 162 CORRECTS RES. 1979-142 HIRE PART- TIME EMPLOYEES MOTION: of Savanick, seconded by Overgard, approving Change Order No. 1 to the contract with McNamara-Vivant Contracting, Project 79-9(2), of an additional $8,765.00 for repairing the Garden View Drive and County Road 42 intersection. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving Change Order 2, add $14,147.76; Change Order 3, add $4,461.00; Change Order 4, add $4,029.00; and Change Order 5, add $13,600.70, to the contract with Encon Utilities for Project >77-12(1) and approving final payment on the contract. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1979- 162 correcting Resolution No. 1979-142 approving Academy Village Commercial Development Revenue Note No. 20 by specifying a rate of interest of 8-3/8 percent per annum. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, approving hiring Dale Schlum- berger as Ice Arena Supervisor at $3.00 per hour, Robbie Grillo as Ice Guard, Brett Lucking, Morris Merrill, Robert Finne and Eric Shape for Ice Maintenance at $4.25 per hour effective September 22, 1979. Ayes - 5 - Nays - 0. The Council noted that its next regular meeting would be at 1:00 p.m. on Thursday, October 25th, 1979, at City Hall. At 8:00 p.m. on October 25th, 1979, a public hearing will be held on a revised Cable TV franchise ordinance. MOTION: of Holton, seconded by Overgard, to pay the claims and bills, checks CLAIMS AND numbered 8916, 89].7, 14692 through 14799 and 14806 through 14889, in BILLS the total amount of $941,636.53. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:45 o'clock p.m.