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HomeMy WebLinkAbout12/13/1979CITY OF APPLE VALLEY Dakota County', Minensota December 13, 1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 13, 1979, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison, Councilmembers Kelly (attended at 9:05 p.m.), Holton, Overgard and Savanick (attended at 8:04 p.m.): 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 Holton, seconded by Overgard, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 3 - Nays - O. MOTION: of Overgard, seconded by Holton, approving the minutes of the regu- NOV. 8, 1979 lar meeting of November 8, 1979, as written. Ayes - 2 - Nays - 0. MINUTES Garrison Abstained. MOTION: of Holton, seconded by Overgard, approving the minutes of the regu- NOV. 20, 1979 lar meeting of November 20, 1979, as written. Ayes - 3 - Nays - 0. MINUTES Councilmember Savanick attended at this time. MOTION: of Holton, seconded by Overgard, approving the minutes of the special meeting of November 29, 1979, as written. Ayes - 3 - Nays - O. Garrison Abstained. NOV. 29, 1979 MINUTES CONSENT AGENDA MOTION: of Holton, seconded by Garrison, removing consideration of part- time police dispatchers ot the regular agenda; adding building per- mits in Apple Villa South, Dakota County HRA Agreement, Cedar Avenue service drive and 140th Street change order to the consent agenda; and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Garrison, approving building permits for 54 townhouse units in Diamond Path 5th Addition as recommended by the Planning' Commission. Ayes .- 4 - Nays - O. DIAMOND PATH 5TH BLDG. PERMITS NAMRON CO. BLDG. PERMIT S DAK. CO. HRA SCATTERED SITE HOUSING AGMT. MOTION: of Holton, seconded by Garrison, approving building permits for 56 subsidized townhouse units for Namron Company in the Apple Villa South development as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Garrison, approving a Cooperation Agreement with the Dakota County HRA for acquiring not more than 16 units of low-rent scattered site housing in the City and authorizing the Mayor and Clerk to sign it. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1979 Page 2 MOTION: of Holton, seconded by Garrison, approving subdivision bond or SUBDIVISION cash escrow reductions for Greenleaf llth and 12th Additions from BOND REDUCTIONS $28,000 to $500, for Longridge 1st from $96,000 to $5,000, for Longridge 2nd from $385,400 to $125,000 and for Greenleaf 9th from $1,000 to zero. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Garrison, authorizing John Gretz to send a letter to various developers requesting information on devel- opment plans for 1980 for the purpose of utility and street con- struction coordination through the City. Ayes - 4 - Nays - 0. SEND LETTER ON 1980 IMPROVE- MENT PROJECTS CEDAR SERV. DR. PLANS & SPECS. TO MN/DOT RES. 1979-185 AWARD PROJ. 70-4(2) C.O. 2 TO 140TH STREET PROJECT SCHOOL DIST. 196 CAPITAL IMPR. PROGRAM STREETS FOR MTC BUS ROUTES MOTION: of Holton, seconded by Garrison, authorizing the Engineer to submit plans and specifications for the Cedar Avenue detached service drive (Pennock Avenue) to the Minnesota Department of Transportation for approval. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Garrison, adopting Resolution No. 1979- 185 awarding the contract for Project 79-4(2), 145th Street between Cedar Avenue and Valley South, to Alexander Construc- tion, the low bidder, in the amount of $37,425.00. Ayes - 4 - Nays - 0. Consideration of final payment on Project 78-9(2) was tabled. MOTION: of Holton, seconded by Garrison, approving Change Order No. 2 to the joint City-County 140th Street construction project of an additional $12,892.95 for additional storn sewer work. Ayes - 4 Nays - 0. MOTION: of Holton, seconded by Garrison, accepting the Planning Commis- sion's recommendation that no comments be forwarded to the Metropolitan Council at this time on Independent School Dist- rict 196's Capital Improvement Program. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Garrison, approving the use of 147th Streets from Glenda to Pennock, and Pennock, from 147th Street to the north service drive of County Road 42, by the MTC for bus routes. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Garrison, approving a transient merchant ULRICH TRANS. license for Erwin H. Ulrich for 1979 for solar panel heater sales MERCHANT LIC. door-to-door. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Garrison, approving an Agreement with the City of Burnsville to use the holding facilities at the Apple Valley Police Department for detention of individuals for short- term periods and authorizing the Mayor and Clerk to sign it. Ayes - 4 - Nays - 0. POLICE FACILITY AGREEMENT WITH BURNSVILLE HIRE DISPATCHER ERSTAD-HANSON MOTION: of Holton, seconded by Garrison, approving hiring Linda Erstad Hanson as a Police Dispatcher, fulltime, effective December 17, 1979, at a salary of $847 per month. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1979 Page 3 MOTION: of Holton, seconded by Garrison, approving a salary increase for Kathy McGinty of $69 per month effective October 24, 1979, sub- ject to no step increase in 1980. Ayes - 4 - Nays - 0. SALARY INCREASE MCGINTY HIRE PARTTIME EMPLOYEES POLICE CHIEF ATTEND WORKSHOP MOTION: of Holton, seconded by Garrison, approving hiring various part- time employees for the skating programs, recreation progran and park and forestry maintenance as listed on the memo from Michael Bassett dated December 10, 1979. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Garrison, authorizing the Police Chief to attend an International Association of Chiefs of Police workshop in Philadelphia from March 31 to April 4, 1980. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS Mayor Garrison called the public hearing to order at 8:06 p.m. to consider the installa- tion of street lighting in Greenleaf 1st Addition. John Gretz reviewed a proposed layout of the street lights prepared by Dakota Electric Association showing 16 lights in the subdivision. The system is estimated to cost $4.50 per three-month period per lot plus electric costs of approximately $1.50 per quarter per lot. Councilmember Holton suggested moving the lights suggested at the intersections of Fairlawn and Fordham, and Fairlawn and 135th Street to the opposite corners of those intersections. Mr. Brunkhorst, of Dakota Electric, said the lights were suggested on those corners because connections could be made without going through any driveways. Clyde McAlister, 13533 Fordham, said he is not in favor of the lights. The Mayor asked for any other questions or comments from the audience. There were none and the hearing was closed at 8:14 p.m. John Gretz said if the Council approved the improvements, the lights would not be in- stalled until spring so it is not necessary to take action at this time. Mr. Asleson explained that the costs for the lights would be billed to the homeowners on their sewer and water billings from the City. MOTION: of Holton, seconded by Overgard, directing Staff to work with Dakota Electric and draft an agreement on street lighting for Greeleaf 1st Addition for the Council to consider. Ayes - 4 - Nays - 0. DRAFT STREET LIGHT AGREEMENT Mayor Garrison called the public hearing to order at 8:21 p.m. on renewal of the on-sale liquor licenses for 1980 and noted receipt of the affidavit of publication on the hearing notice. The three license holders are Apple Place, Inc., d/b/a Apple Place; Beef 'N' Brew, Inc., d/b/a Beef 'N' Brew; and Lyndale Investment, Inc., d/b/a Lemon Tree Restaurant. The Mayor asked for any questions or comments from the audience. There were none and the hearing was closed at 8:23 p.m. MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1979-186 approving a 1980 on-sale and Sunday liquor licenses for Apple Place, Inc.; Resolution No. 1979-187 approving a 1980 on-sale and Sunday liquor licenses for Beef 'N' Brew, Inc.; and Resolution No. 1979- 188 approving a 1980 on-sale and Sunday liquor licenses for Lyndale Investment, Inc. Ayes - 4 - Nays - 0. RES. 1979-186, 187 & 188 1980 ON-SALE LIQUOR LICENSES John Gretz showed the location of Lot 1 of Block 4 in Forest Park Estates (north of Westview Elementary School on the east side of Garden View Drive) which was petitioned to be rezoned R-2 for a duplex. Councilmember Savanick said she opposes a driveway access in that area on Garden View Drive because of sight distance and would rather see it have access to the east through Academy Village. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1979 Page 4 MOTION: of Overgard, seconded by Garrison, passing Ordinance No. rezoning Lot 1 of Block 4 of Forest Park Estates from Agri- culture to R-2. Ayes - 2 - Nays - 2 (Holton and Savanick). Motion Failed. LOT 1, BLOCK 4 FOREST PARK REZONING - DENY Mayor Garrison called the public hearing to order at 8:32 p.m. on vacation of public streets in Valley Commercial Park 2nd Addition and noted receipt of the affidavit of publication of the hearing notice. John Gretz showed the location of the two stub streets, 144th Street and an unnamed street, intersecting with Glenda Drive proposed to be vacated because the property is being replatted and a street is proposed to be located approximately between Lots 2 and 3 of Block 9. Robert Rosene said there is a storm sewer stub at the intersection of 144th Street and Glenda and an easement for this purpose should be retained if the street right-of-way is vacated. Councilmember Holton questioned whether the 144th Street right-of-way should be retained for connec- tion to a future Cedar Avenue frontage road. Mr. Rosene said the new plat shows a cul de sac to the rear of the property now facing Cedar Avenue, and this arrangement is usually preferable because it serves property on both sides instead of a frontage road arrangement which only serves property on one side. Mr. Asleson said a 20-foot wide utility easement could be shown on the new plat to retain the storm sewer easement if the street is vacated. The Mayor asked for any questions or comments from the audience. There were none and the hearing was closed at 8:40 p.m. MOTION: of Garrison, seconded by Overgard, adopting Resolution No 1979- RES. 1979-189 189 vacating 144th Street and an unnamed stub street, both inter- V.C PARK 2ND secting with Glenda Drive, in the plat of Valley Commercial Park ST. VACATION 2nd Addition and retaining a 20-foot wide utility easement along the 144th Street right-of-way. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Holton, approving the final plat, sub- FINAL PLAT & ject to a 20-foot wide storm sewer easement between Lots 3 and 4, AGREEMENT and Development Agreement for the Bor-Nel subdivision and author- BOR-NEL izing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Overgard, approving a temporary off-site directional sign for two years, 96 square feet in area, on the north-west corner of Galaxie Avenue and County Road 42, for Apple Valley Industrial Park. Ayes - 4 - Nays - 0. A.V. INC. PARK OFF-SITE SIGN Mayor Garrison commented on Lac Lavon and said the Apple Valley and Burnsville Park Committees have met jointly and recommended pursuing acquisition of this site as a re- gional park. They are urging the Apple Valley and Burnsville City Councils to work with Dakota County in requesting the Metropolitan Parks and Open Space Commission to designate funds for acquisition and development of the 240-acre parcel. Councilmembers Holton and Savanick expressed concern about the long term maintenance costs and would like to request that Dakota County be responsible for the maintenance. (Councilmember Kelly attended at this time.) Mike Bassett reviewed possible uses of the site and the buildings and said he would foresee that Dakota County would probably take on the maintenance, but this question should not be tied to the request for acquisition funds. He said the City would pro- bably be responsible for the programming and, as in most regional parks, user fees would probably be charged. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1979 Page 5 MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1979-190 requesting the Dakota County Board of Commissioners, with the Apple Valley and Burnsville City Councils, pursue regional de- signation for acquisition and development funding of Lac Lavon. Ayes - 4 - Nays r- 1 (Savanick). RES. 1979-190 LAC LAVON PARK ACQUISITION Discussion of house numbering requirements was tabled. Mayor Garrison reviewed a request concerning allocation of ice time at the Ice Arena. Residents in the eastern portion of the City, in the Rosemount High School attendance area, whose children play hockey in the Rosemount Hockey Association, are concerned that they are not receiving a fair share of ice time at the Arena which is jointly owned by the City and the School District. The Mayor said the ice time for this sea- son has been scheduled and any changes in policy would have to be effective for follow- ing years. He said Councilmember Kelly has asked to be a liaison for this to work out some type of compromise. Russell Olson, 13479 Everest Avenue, representing the residents in the eastern portion of the City, presented a petition requesting that ice time at the Arena be split on a 20 percent-80 percent basis between the Rosemount Hockey Association and the Apple Valley Hockey Association. He also had questions on various policies concerning the Hockey Associations. Mike Bassett said he felt these questions should be discussed at a meeting with representatives of all concerned present. MOTION: of Holton, seconded by Savanick, directing Councilmember Kelly to KELLY LIAISON meet with Mr. Bassett and representatives of the Apple Valley ICE TIME Hockey Association, Rosemount Hockey Association, Minnesota Ama- QUESTIONS teur Hockey Association and the residents to discuss these Ice Arena questions and come back to the Council with a recommendation. Ayes - 5 - Nays - 0. Mayor Garrison said that the City's needs for storage space are a long-term type of plan. Councilmember Savanick reported on the present facilities at the Public Works Garage and said all departments should review their needs for storage space including what needs to be stored and what things can be eliminated. Councilmember Overgard suggested using some of the empty garage space at the Fire Stations to store equipment during its off-season. Councilmember Savanick said she would like to know the long term future storage plans for the V.A.A. also. MOTION: of Overgard, seconded by Kelly, requesting the City departments to review storage facility needs and make a report or progress report at the March 27, 1980 meeting. Ayes - 5 - Nays - 0. REPORT ON STORAGE NEEDS V.A.A. LEASE OF GARAGE AT CITY HALL MOTION: of Holton, seconded by Kelly, amending the motion on the table from October 26,1979, to read, "approving the lease agreement between the City of Apple Valley and the Valley Athletic Asso- ciation for storage space consisting of the garage bay on the east end of the Apple Valley City Hall for $10.00 per month rent plus payment of utilities." Mr. Asleson said he would have to advise the Council not to approve this lease based on information in the Attorney General's opinion. Mr. Sheldon said he believes the City has fulfilled the requirements necessary to lease this space and the lease has a can- cellation provision for the time when the City will again need this space. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1979 Page 6 Vote was taken on the motion. Ayes -~ 4 - Nays - 1 (Savanick). Vote was taken on the original motion as amended. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Overgard, adopting Resolution No. 1979- 191 determining the form and details of the $1,505,000 Temporary Improvement Bonds of 1979, providing for their execution and delivery and making covenants for payment. Ayes - 5 - Nays - 0. RES. 1979-191 $1,505,000 BOND DETAILS RES. 1979-192 $285,000 BOND DETAILS RES. 1979-193 $145,000 BOND DETAILS MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1979-192 authorizing issuance, prescribing form and details and providing for payment of $285,000 General Obligation Certificates of In- debtedness. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1979- 193 authorizing issuance, prescribing form and details and pro- viding for payment of $145,000 General Obligation Park Bonds. Ayes - 5 - Nays - 0. Discussion of Census Committee matters was tabled. The Council accepted the resignation of Bill Smith from the Urban Affairs Committee. MOTION: of Overgard, seconded by Kelly, suspending the rules for ap- pointments to committees for tonight's meeting. Ayes - 5 - Nays - 0. SUSPEND APPT. RULES HEIN TO URBAN AFFAIRS COM. MOTION: of Overgard, seconded by Kelly, appointing Carol Hein to the Urban Affairs Committee. Ayes - 5 - Nays - 0. The Council reviewed a draft of a proposed policy on attendance at commission and com- mittee meetings. Councilmember Overgard said she would like to meet with each of the commissions and committees and review this policy with them before the Council takes action on it. She will inform Mr. Asleson when she has done so and this item can then be put back on the Council's agenda. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1979- 194 granting preliminary approval to the changes in 1980 wages and benefits as outlined in the City Administrator's letter of December 7, 1979, and its attachments which shall be a part of the Resolution. RES. 1979-194 1980 WAGES & BENEFITS Councilmember Overgard said she would like to have a future meeting on the entire per- sonnel plan sometime and review possible restructuring. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, authorizing the continued em- ployment of Cyndi Schrafft and Patricia Sullivan as police dispatchers on a parttime basis at hourly rates of $5.135 and $5.388, respectively and hiring Roberta Myers effective, December 16, 1979, and Lorri Lilja, effective January 2, 1980, as parttime police dispatchers. Ayes - 5 - Nays - 0. HIRE PARRTIME POLICE DISPATCHERS CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1979 Page 7 Councilmember Savanick said the deadline for "Council Table" is December 14, 1979. MOTION: of 0vergard, seconded by Kelly, to pay the claims and bills, ex- CLAIMS AND BILLS cept for a check to McNamara-Vivant for $37,927.78, consisting of checks numbered 8935 through 8951, 8953, 8954, 15332 through 15363, 15365 through 15446, 15454 through 15462, 15464 through 15496 and i5505 through 15645, in the total amount of $1,123,998.07. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by Overgard, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:53 o'clock p.m.