Loading...
HomeMy WebLinkAbout12/13/1984CITY OF APPLE VALLEY Dakota County, Minnnesota December 13, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Hinnesota, held December 13, 1984, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: None Mayor Branning 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. MOTION: of Savanick, seconded by Goodwin, approving the APPROVE AGENDA agenda for tonight's meeting. Ayes - 5 - Nays 0. MOTION: of Holton, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes 5 Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, adopting Reso- lution No. 1984-197 approving the final plat and development agreement for Hunters Wood Fourth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CONSENT AGENDA RES. 1984-197 HUNTERS WOOD 4th ADDITION FINAL PLAT RES. 1984-198 STOP SIGN INSTALLATION ACADEMY VILL. ELEVATION CHANGES MOTION: of Holton, seconded by Humphrey, adopting Reso- lution No. 1984-198authorizing installation of stop signs on Hallmark Path at 157th St., Hall- mark Path at 157th St., Hannover Path at 157th St., Hallmark Way at 157th St., Hallmark Way at 157th St., and Granada Ave. at 157th St. Ayes - 5 Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the revised building plans related to building ele- vation changes for Academy Village Apartments located east of Garden View Drive at 143rd St. as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change PROJ. 84-2 Order No. 1 to the contract with Healy Construction CHANGE ORDER for Project 84-2, public works building concrete NO. 1 floor installation, deducting $360.00 and extending the project completion date to January 1, 1985. Ayes 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1984 Page 2 MOTION: of Holton, seconded by Humphrey, adopting Reso- lution No. 1984-199 reducing Assessment Roll No. 199 in the amount of $3913.00 pursuant to the terms of the Resolution. Ayes - 5 - Nays 0. RES. 1984-199 ASSESSMENT ROLL NO. 199 MOTION: of Holton, seconded by Humphrey, authorizing the UNIFORM RENTAL extension of the Uniform and Floor Mat Rental AGREEMENT Agreement with Means Services, Inc. through 1-31-86 according to the terms indicated in the memo from the Administrative Assistant dated December 7, 1984. Ayes· - 5 - Nays 0. MOTION: of Holton, seconded by Humphrey, authorizing the extension of the city building refuse collection service agreement with Knutson Rubbish through 12-13-85 at a cost of $470.00 per month. Ayes - 5 Nays - 0. REFUSE COLLECT. SERVICE AGREE. MOTION: of Holton, seconded by Humphrey, authorizing the extension of the city building cleaning service agreement with Ultra Brite Maintenance through 12-31-85 at a cost of $861.00 per month. Ayes - 5 - Nays - 0. CLEANING SERV. AGREEMENT MOTION: of Holton, seconded by Humphrey, authorizing an X-COUNTY EQ. agreement with the City of Lakeville for the rental RENTAL AGREE. of cross-country ski grooming equipment as outlined in the memo from the Parks Director dated December 7, 1984. Ayes 5 Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Reso- lution No. 1984-200 renaming the Friends of Refor- estation Committee of Apple Valley as the Apple Valley Tree Board. Ayes 5 Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Goodwin, approving the min- utes of the regular meeting of November 20,1984, as written. Ayes - 5 - Nays 0. RES. 1984-200 APPLE VALLEY TREE BOARD NOV. 20, 1984 MINUTEE CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1984 Page 3 Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. AUD. DISCUSS. Mayor Branning called the public hearing to order at 8:04 PUBLIC HEARING p.m. to consider regular liquor license renewals for Apple ON-SALE LIQUOR Bowl, Inc., d/b/a Benji's Apple Valley Bowl; Cedar Valley, LICENSE RENEW. Inc., d/b/a Apple Valley Greenstreets; JIM THE GREEK, INC.; and Shronrik Development, Inc. d/b/a R. Berry's. Mr. Asleson reviewed the application material, and indicated that nothing in the information would preclude the renewal of any of the licenses. Certain technical requirements remain to be met by the renewal applicants, therefore formal action on the renewals should be postponed until the December 27, 1984 Council meeting. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:07 p.m. Mayor Branning called the public hearing to order at 8:08 PUBLIC HEARING p.m. to consider the approval of an on-sale club liquor ON-SALE CLUB license to the American Legion Post 1776. Mr. Asleson LIQUOR LICENSE noted the license application was in order, but since the application is for a new license, formal Council action cannot be taken until the December 27, 1984 Council meeting. The Mayor asked for questions or comments from the Council and the public. Councilmember Holton asked about the additional restrictions associated with an on-sale club license as opposed to a regular on-sale license. Mr. Asleson stated that only mem- bers and guests were to be permitted to buy alcoholic beverages at a facility with an on-sale club license. Hearing no more com- ments, Mayor Branning declared the public hearing closed at 8:11 p.m. MOTION: of Holton, seconded by Goodwin, approving issuance by the Minnesota Liquor Control Director of a 1985 on-sale wine license to Pizza & Pizzazz, Inc. d/b/a Carbone's Pizza & Pizzazz. 1985 ON-SALE WINE LICENSE Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Asleson noted that the license renewal application is in order. The Mayor asked for questions and comments from the Council and the public. There were none. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1984 Page 4 Mayor Branning called the public hearing to order at 8:14 PUBLIC HEARING p.m. to consider the vacation of an unnamed street and side- EASEMENT walk easement affecting Lot 1 of Block 4, and Lot 11 of VACATION Block 3 of Cobblestones I. Mr. Gretz explained that the vacation would allow for the consolidation of the vacated area with an adjacent lot, thereby allowing for the creation of four lots and the construction of two duplex units. No unusual utility problems are created as a result of the vacation and anticipated development. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was de- clared closed and 8:17 p.m. MOTION: of Holton, seconded by Humphrey, adopting Reso- lution No. 1984-201 approving vacation of an un- named street and sidewalk easement affecting Lot i of Block 4, and Lot 11 of Block 3 of Cobblestones I and directing the Clerk to file the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. RES. 1984-201 EASEMENT VACATION MOTION: of Goodwin, seconded by Humphrey, approving the PRELIMINARY preliminary plat of Cobblestones I Replat which PLAT OF AREA consolidates Lot 11 of Block 3, Cobblestones I, VACATED with an unusable street right-of-way on the north side of 135th Street W. at Hollins Court, as re- commended by the Planning Commission. Ayes - 5 - Nays 0. MOTION: of Goodwin, seconded by Holton, adopting Reso- lution No. 1984-202 approving the final plat and development agreement for Nordic Woods Sixth Ad- dition and authorizing the Mayor and Clerk to sign the same. RES. 1984-202 FINAL PLAT NORDIC WOOD8 SIXTH ADDITION Mr. Gretz reviewed the specifics of the proposed development. The apartment complex will consist of five buildings on a 8.5 acre site, and will include 123 dwelling units. All utilities are available at the site. Vote was taken on the motion. Ayes - 5 - Nays 0. MOTION: of Goodwin, seconded by Humphrey, approving the issuance of building permits for the 123 unit apartment complex to be located in Nordic Woods Sixth Addition, as recommended by the Planning Commission. Ayes 5 Nays - 0. NORDIC APT. COMPLEX BLD. PERMIT APPROV. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1984 Page 5 MOTION: of Holton, seconded by Goodwin, approving drive- way access to Palomino Drive from Lot 3, Block 1, The Highlands, due to topographic conditions and subject to the construction of a driveway turn- around area on the lot, as recommended by the Planning Commission. DRIVEWAY ACCESS TO PALOMINO DR. LOT 3, BLOCK 1, THE HIGHLANDS Mr. Gretz reviewed the petitioner's request and noted that the only alternative to the Palomino Drive access is access to Hershey Way which would require the driveway to be built with a 25 foot vertical rise. Sight restrictions on Palomino Dr. are not a problem with this particular driveway access. Dakota County has already approved the driveway access. Councilmember Savanick said she believes it is a mistake to grant driveway access to Palomino Drive. She stated other homeowners in the area have been told in the past that such access was not available, and by granting access now, the Council is setting a dangerous precedent. Mr. Asleson noted that the Planning Commission's approval of the request was based on a hardship finding, due to the severe topographic conditions of the lot. Also, as a condition of approval, a driveway turnaround area must be provided on the lot. Vote was taken on the motion: Ayes - 4 - Nays - 1 (Savanick) MOTION: of Holton, seconded by Savanick, directing the en- gineer to prepare a preliminary report for road improvements to Galaxie Avenue between 127th St. and the Eagan border. Ayes - 5 - Nays - 0. PRELIM. REPORT GALAXIE AVE. ROAD IMPROV. RES. 1984-203 SNOWMOBILE TRAILS MOTION: of Holton, seconded by Goodwin, adopting Reso- lution No. 1984-203 granting permission for snow- mobile operation on the east boulevards of Galaxie Ave. from 140th St. to County Rd. 42; and Johnny Cake Ridge Rd. from the Eagan border to County Rd. 42, pursuant to City Code Section 19-42(B), until Spring of 1985. Ayes 5 Nays - 0. Mr. Asleson presented the revised Fire Department Ordinance to the Council and explained that the new Ordinance is intended to replace Chapter 10 of the present City Code. The existing Chapter 10 has remained substantially unchanged since 1966, and is, in some cases, outdated and in direct conflict with operating procedures. Mr. Asleson noted that the Council reviewed the new Ordinance at a day meeting held on November 15, 1984. The portion of the Ordinance relating to the Uniform Fire Code (UFC) CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1984 Page 6 has been temporarily deleted from the Ordinance. Previously the UFC was incorporated into the Ordinance by reference, but since the State adopted Minnesota Uniform Fire Code (MUFC) differs from the UFC, additional work needs to be done before the proper reference can be included in the new Ordinance. The adoption of the Fire Ordinance without reference to the MUFC does not diminish the applicability of the MUFC in Apple Valley. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 331 amending Chapter 10 of the City Code re- lated to fire protection and prevention in the City and the operation of the fire department. Ayes - 5 - Nays 0. FIRE DEPT. ORD. NO. 331 ADOPT. MOTION: of Savanick, seconded by Goodwin, adopting Reso- lution No. 1984-206 approving a cash settlement of the Crystal Lake lawsuit with the City of Burns- ville in the total amount of $85,700.46, and au- thorizing the Mayor and Clerk to execute the ap- propriate documents to complete the settlement. RES. 1984-206 CRYSTAL LAKE SUIT SETTLEMENT Mr. Asleson noted the specifics of the settlement were discussed at a closed meeting under the attorney/client exception to the open meeting law on October 25, 1984. The City of Burnsvilte approved the terms of the negotiated settlement on December 3, 1984. Vote was taken on the motion. Ayes - 5 - Nays 0. Mr. Asleson indicated the Cable TV Commission met on Decem- CABLE TELEV. ber 3, 1984 and reviewed the progress of Netro Cable, Inc. UPDATE in fulfilling the terms of the Cable TV Franchise Ordinance. All terms of the Franchise are currently being met. In adopting the new Ordinance all previous City cable TV ordinances were repealed, thereby technically eliminating the Cable TV Commission. Under Section C2-51 of the new Ordinance a new cable TV advisory body may be formed by the Council. MOTION: of Goodwin, seconded by Holton, adopting Reso- RES. 1984-207 lution No. 1984-207 establishing the Cable TV Com- ESTABLISHMENT mittee, pursuant to Section C2-51 of Appendix C OF CABLE TV to the City Code, the Cable TV Franchise Ordinance. COMMITTEE Ayes 5 Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1984 Page 7 MOTION: of Holton, seconded by Goodwin, adopting Reso- lution No. 1984-208 appointing Diann Albers, Rollin C. Bible, Dale R. Rodell, Paul Jasmin, and Pat Steinman as regular members, and Robert B. Naegeli as an advisory member, to the Cable TV Committee, for terms expiring March 1, 1987. RES. 1984-208 APPOINTMENTS TO CABLE TV COMMITTEE Ail individuals moved for appointment to the new Committee have previously served on the Cable TV Commission, with the exception of Pat Steinman. Councilmember Savanick said she would like to see the vacant seat being filled by Steinman publicized before the Committee appointment is made. MOTION: of Savanick, seconded by Goodwin, amending the above motion by deleting the appointment of Pat Steinman for the purpose of publicizing the Com- mittee seat vacancy. Ayes - 4 - Nays - 1 (Holton). Vote was taken on the original motion as amended. Ayes - 5 - Nays - 0. AMEND MOTION MOTION: of Holton, seconded by Goodwin, appointing Mayor Branning as the Hearing Officer for the December 20, 1984 Shronrik Development, Inc., d/b/a R. Berry's liquor license suspension hearing. Ayes 5 Nays - 0. LIQ. LIC. SUS. HEARING OFFICER DESIGNATION Mr. Gurban presented to the Council a video tape on the PARKS WATER Aqua-Trail Waterslide. Councilmember Savanick asked if SLIDE PURCHASE the addition of the slide to the Redwood Park Pool would cause overcrowding problems. Mr. Gurban indicated that in 1984 the pool was forced to close three times due to over- crowding, and the slide is not expected to create significant additional overcrowding problems. Mr. Gurban indicated it is estimated that the purchase and installation of the slide would cost between $15,000 and $17,500. The Park Dedication Fund currently has a balance of $231,486.34 and the funds for the slide could be borrowed from that fund and repayed, if desired. Councilmember Holton indicated he believes the loan arrangement is not desirable. Mayor Branning expressed concern that the Park Dedication Fund would be depleted of $15- $17,500, and stated the Council must be careful with piecemeal withdrawls from the Fund. He also stated he believes a "Hayes- type" facility is needed in the east section of the City, and in a list of Park Dedication Fund priorities, such a facility should be near the top of the list. Councilmember Humphrey stated that CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1984 Page 8 the Park Committee is presently working on establishing Park Dedication Fund priorities. Mr. Gurban indicated that public input sessions have recently been held to help formulate these priorites, and the priorities list should be available for review in January or February, 1985. MOTION: of Humphrey, seconded by Goodwin, that up to $17,500 of Park Dedication Funds be used for the purchase and installation of a Waterslide at Redwood Park. Ayes 3 Nays - 2 (Branning & Savanick). APPROVAL OF WATERSLIDE EXPENDITURE PART-TIME EMPLOYEES PERSONNEL PLAN AND COMPARABLE WORTH UPDATE CLAIMS & BILLS ADJOURN MOTION: of Goodwin, seconded by Holton, approving the hiring of up to ten warminghouse attendants at a wage range of $4.00 to $4.25 per hour. Ayes - 5 - Nays - 0. Mr. Asleson indicated that the M.A.M.A. Comparable Worth study will cost the City in the vicinity of $6,000.00. The State deadline for compliance is October 1, 1985. Historically, January 1st ha6 been the annual trigger date for salary and benefit adjustments for city employees, and therefore 1985 wage rates and benefit contributions should be discussed at the December 20, 1984 meeting and finalized at the December 27, 1984 meeting. MOTION: of Goodwin, seconded by Savanick, to pay the claims and bills, checks numbered 31075 and 40451 through 40489, in the total amount of $741,652.62. Ayes - 5 - Nays 0. MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 5 - Nays 0. The meeting was adjourned at 9:45 o'clock p.m.