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HomeMy WebLinkAbout01/13/1983CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 13, 1983, 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Branning, Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: None. Mayor Overgard called the meeting to order at 7:30 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Overgard into- duced Councilmember Gary Humphrey who was appointed to the Council on January 6, 1983. MOTION: of Savanick, seconded by Humphrey, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Holton, seconded by Savanick, adding Chateau Estates 4th Addi- tion and hiring parttime employees to the consent agenda, removing a report on surface water management regulations to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5- Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving the final plat and sub- division agreement for Chateau Estates 4th Addition and authoriz- ing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CHATEAU EST. 4TH PLAT & AGREEMENT MORNINGVIEW CONDOMINIUMS PILOT KNOB EST. PLAT & AGREEMENT RES. 1983-7 MnDOT AGENCY AGREEMENT PROJ. 80-16 CHANGE ORDER 1 & FINAL PAYMENT HIRE PARTTIME EMPLOYEE MOTION: of Holton, seconded by Savanick, approving a revised site plan for Morningview Condominiums and building permits for five 32-unit buildings as recommended by the Planning Cormnission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving the final plat and sub- division agreement for Pilot Knob Estates and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983-7 approving 'Minnesota Department of Transportation Agency Agreement" allowing MnDOT to act as the City's agent on road projects involv- ing Federal funding and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton seconded by Savanick, approving revised Change Order No. 1 to the contract with Enebak Construction Co. for Project 80-16, Southport Grading and Utilities, in the amount of $76,627.30 and accepting Project 80-16 as final and authorizing final payment on the contract in the amount of $8,345.36. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring Jeffrey Peterson for the parttime position of Ice Guard effective January 14, 1983, at a salary of $3.35 per hour. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1983 Page 2 MOTION: of Branning, seconded by Savanick, approving the minutes of the meeting of December 21, 1982, as written; Ayes~- 3 - Nays - 0 (Holton and Humphrey Abstained). DEC. 21, 1982 MINUTES DEC. 29, 1982 MINUTES JAN. 3, 1983 MINUTES JAN. 6, 1983 MINUTES MOTION: of Savanick, seconded by Overgard, approving the minutes of the meeting of December 29, 1982, as written. Ayes - 2 - Nays - 0 (Branning, Holton and Humphrey Abstained). MOTION: of Holton, seconded by Savanick, approving the minutes of the meeting of January 3, 1983, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Savanick, seconded by Branning, approving the minutes of the meeting of January 6, 1983, as corrected. Ayes - 4 - Nays - 0 (Humphrey Abstained). Mayor Overgard asked if anyone was present to address the Council at this AUDIENCE DISCN. time on any item not on the agenda. There was no one present to speak. Mayor Overgard called the public hearing to order at 7:40 p.m. on Project PUBLIC HEARING 83-12, Public Improvements in Forest Park 3rd Addition, and noted receipt PROJ. 82-12 of the affidavit of publication of the hearing notice. Robert Rosene re- viewed the preliminary engineering report, dated December 6, 1982, describing the improvements. Mayor Overgard asked for questions or comments from the audience. There were none; and the hearing was declared closed at 7:44 p.m. MOTION: of Savanick, seconded by Branning, deleting the section of side- walk proposed on the north side of 144th Street Court in Project 82-12, Forest Park 3rd Addition. FOREST PARK 3RD SIDEWALK Councilmember Holton said he does not believe this sidewalk should be deleted and, per- haps, it should be included on both sides of 144th Street Court for continuity and access to the pathway to Alimagnet Park. MOTION: of Branning, seconded by Holton, calling for a vote on the above motion. Ayes - 4 - Nays - 1 (Savanick). Vote was taken on the motion. Ayes - 1 (Savanick) - Nays - 4. The Council discussed the possibility of amending the preliminary plat of Forest Park 3rd Addition and questioned considering the improvements at this time. Bill Dolan, the developer, was present and said he has begun preparing the final plat of this area based on the preliminary plat approval previously given by the Council. Councilmember Savanick asked about a phasing plan for the entire Forest Park area? Mr. Gretz said there was no phasing plan, but the platting has basically followed the origi- nal preliminary plat. Councilmember Savanick said she believes Holland Avenue should be connected to 144th Street before this subdivision is approved. MOTION: of Holton, seconded by Humphrey, tabling consideration of Pro- TABLE PROJ. ject 82-12, Forest Park 3rd Addition Improvements, until 82-12 January 27, 1983. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County Minnesota January 13, 1983 Page 3 Mayor Overgard called the public hearing to order at 8:05 p.m. to consider PUBLIC HEARING vacating Grinnell Court, and noted receipt of the affidavit of publication GRINNELL COURT of the hearing notice. John Gretz reviewed the purpose of the vacation; VACATION that is, by replatting part of the Morningview subdivision, Grinnell Court is no longer needed. It must be formally vacated by the Council before replatting can occur. Mayor Overgard asked for questions or comments from the audience. There were none; and the hearing was declared closed at 8:07 p.m. MOTION: of Holton seconded by Savanick, adopting Resolution No. 1983-8 vacating GrinnellCourt in Lot 1, Block 6, Morningview, and author- izing filing of the Notice of Completion of Public Street with the County. Ayes - 5 - Nays - 0. RES. 1983-8 VACATE GRINNELL COURT The Council received the petition report, dated December 27, 1982, concerning the permitted uses and changing the planned development agreement on the Apple Valley Development Part- nership property into ordinance form. John Gretz reviewed the development on the property and clarification of uses in each area. MOTION: of Branning, seconded by Savanick, passing Ordinance No. 285 amend- ORDINANCE 285 lng Planned Development No. 144, Apple Valley Development Partner- A.V. DEVELOPMENT ship property, by clarifying the permitted uses and adopting the PARTNERSHIP P.D. Agreement in ordinance form as recommended by the Planning Commission. Councilmember Branning asked if Area 3 would have access to County Road 38? Mr. Gretz said the Planning Commission had discussed this and only the two present accesses to County Road 38 are anticipated because of topography problems. Mr. Ray Connolly was present and said they do not have a plan for Area 3 now. The interior street access will probably be all right, but they will want to look at it further when they consider developing the area. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 286 rezon- ing Cobblestone Manor II from R-lC to M-2 as recommended by the Planning Commission. ORDINANCE 286 COBBLESTONE MANOR II REZONING Councilmember Branning questioned requiring a berm and landscaping between this area and duplex lots to the south because they may become maintenance problems. He also asked that the intersection of 134th Street and 140th Street be reviewed by staff to see if sight distance can be improved. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Cobblestone Manor II as recommended by the Planning Commission and directing preparation of a subdivision agreement, to be reviewed by the Planning Commission and approved by the Council. Ayes - 5 - Nays - 0. COBBLESTONE MANOR II PRELIM. PLAT SNOWMOBILE TRAILS The Council received a memo, dated January 10, 1983, from Jon Gurban con- cerning a Park Committee recommendation on a snowmobile trail designation. The Council agreed this should be forwarded to the Urban Affairs Committee for its consideration along with its review of the snowmobile ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1983 Page 4 MOTION: of Savanick, seconded by Branning, that for January 28 through 30, 1983, the Apple Valley Hockey Association and Boosters Club may use kitchen facilities in the Hayes Building without paying the normal fee, it being understood that they have agreed to make a contribution of $30.00 to the City to defray the cost of utilities for their concession sales. Ayes - 5 - Nays - 0. HOCKEY ASSN. HAYES BUILDING USAGE The Council received a letter, dated December 29, 1982, from County Ad- COUNTY RACING ministrator Fred Joy concerning the potential of locating a horse racing FACILITY facility in the County. John Gretz said the County has received propos- INFORMATION als from Inver Grove Heights and Lakeville to locate such a facility in their communities. The County is forming an ad hoc committee to consider what the County's involvement should be and its first meeting will be January 20, 1983, at the Apple Valley City Hall. Mayor Overgard asked the Council if it is interested in pursuing a facility for the City or working with the County? The Council discussed it and agreed it would like to see a racing facility in the County, but not necessarily in Apple Valley. MOTION: of Overgard, seconded by Savanick, appointing John Gretz to be the City's representative to the Dakota County racing facility meeting. Ayes - 5 - Nays - O. APPOINT GRETZ COUNTY MEETING The Council received a memo, dated January 10, 1983, from Mr. Asleson concerning the 1983 League of Minnesota Cities legislative policies. MOTION: of Savanick, seconded by Holton, approving as highest priority 1983 LMC for the City of Apple Valley for 1983 the ten legislative pol- LEGISLATIVE icies shown in the January 10, 1983, memo and policies GS-8, POLICIES cable television and LUEE-1, transportation. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, designating Mayor Overgard as the City's conference voting delegate to the January 26, 1983, League of Minnesota Cities Legislative Conference. Ayes - 5 - Nays - O. LMC CONFERENCE DELEGATE MOTION: of Branning, seconded by Holton, adopting Resolution No. 1983-9 RES. 1983-9 rescinding Resolution No. 1979-72 and appointing the Mayor or AMM & LMC Acting Mayor as delegate and the City Administrator as alternate DELEGATES delegate for voting purposes at AMM and LMC meetings. Ayes - 5 - Nays - 0. The Council received a memo, dated January 10, 1983, from Jon Gurban on GOLF COURSE golf course lease proposals. Mayor Overgard said, because of the com- LEASE PROPOSALS plexity of the proposals, she would recommend setting a special meeting toreview them. Councilmember Branning said the Council will need to address the issues of deciding whether to proceed with a lease or continue with City operation and timing on such a decision. If it is going to proceed with a lease, a comprehensive list of evaluation criteria needs to be prepared. Councilmember Savanick said one of the things she is concerned with is requiring a performance bond for a lease. MOTION: of Overgard seconded by Holton, setting an informal meeting in the conference room at City Hall at 7:30 p.m. on January 17, 1983, for the purpose of discussing golf course lease proposals. Ayes - 5 - Nays - 0. SET INFORMAL MEETING CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1983 Page 5 MOTION: of Savanick, seconded by Holton adopting Resolution No. 1983-10 amending Resolution No. 1979-4 by establishing a service charge of $10.00 on "NSF" and "Closed Account" checks returned by the bank and accepting no further checks from anyone who does not pay the service charge. Ayes - 5 - Nays - 0. RES. 1983-10 RETURNED CHECK SERVICE CHARGE Mr. Asleson reviewed the current policy for check acceptance at the liquor stores, as contained in his memo, dated January 10, 1983. The Council discussed it and agreed not to change the current policy. MOTION: of Branning, seconded by Holton, approving the revised hourly en- gineering rates effective January 1, 1983, for Bonestroo, Rosene, Anderlik & Associates, Inc., as per Schedule B attached to the letter dated September 27, 1982. Ayes - 5 - Nays - 0. REVISED ENGINEER- ING RATES Consideration of adjustments to the 1983 Personnel Plan was tabled until January 27, 1983. The Council received a draft of a resolution adopting the various 1983 budgets. MOTION: of Holton, seconded by Humphrey, tabling consideration of various TABLE BUDGETS 1983 budgets until January 27, 1983. Ayes - 5 - Nays - 0. The Council received a memo, dated January 10, 1983, from Mary Mueller list- COMMISSIONS & lng the various commission and committee vacancies and terms of office for COMMITTEES information. The Council agreed to consider this at its February 24, 1983 meeting. The Council reviewed a draft of "Council Meeting Procedures and Rules of MEETING Order" received at its meeting of January 3, 1983. Councilmember Branning PROCEDURES said he would prefer to keep the procedures simpler and suggested the Coun- cil could use them without formally adopting them. Councilmember Holton suggested trying the procedures for a while before adopting them to determine if they should be modified. The Council agreed. The Council received a memo, dated December 27, 1982, from John Gretz con- SURFACE WATER cerning surface water management regulations. In working with Dakota County MANAGEMENT on these requirements, they will be asking legislators for a one-year exten- REGULATIONS sion on establishment of a watershed management organization and exempting cities that already have storm water plans from the legislation. Mr. Asleson distributed copies of a draft of the Metropolitan Council re- districting boundaries. Ne said unless there is a strong desire to make comments on the plan, this is for the Council's information only. MET. COUNCIL REDISTRICTING 1983 LICENSES & PERMITS MOTION: of Holton, seconded by Branning, approving additional 1983 cigar- ette licenses, filling station permits, refuse collection licenses and excavation permits and a mobile home park permit for Cedar Knolls Mobile Home Park as shown on the attachment to the minutes, Ayes - 5 - Nays - 0. Councilmember Savanick said any articles for the next issue of the "Council "COUNCIL TABLE" Table" newsletter should be submitted to her by January 20, 1983. ARTICLES CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1983 Page 6 MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 27339 through 27341 and 30789 through 30894, in the total amount of $1,828,456.41. Ayes - 5 - Nays - 0. CLAIMS.& BILLS MOTION: of Savanick, seconded by Branning, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:45 o'clock,