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HomeMy WebLinkAbout05/12/1983CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1983 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 12, 1983, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Overgard; Councilmembers Branning, Holton, Humphrey and Savanick (attended at 8:08 p.m.); Clerk Asleson. ABSENT: None.. Mayor Overgard 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 Holton, seconded by Humphrey, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving all items on the consent CONSENT AGENDA agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, authorizing the City Engineer to prepare a preliminary report on public improvements in Cobblestone Manor II subdivision. Ayes - 4 - Nays - 0. PRELIM. REPORT COBBLESTONE MANOR II VARIANCE LOT 3, BLK. 13, A.V. 4TH ADDN. RES. 1983-68 TRACTOR SPECS. & BIDS MOTION: of Holton, seconded by Humphrey, granting a variance for Lot 3, Block 13, Apple Valley 4th Addition, to allow construction to with- in 20 feet of the west lot line as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983-68 approving specifications for a crawler tractor with hydraulic dozer and authorizing advertisement for bids to be received at 2:00 p.m. on June 6, 1983. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 4 to CHANGE ORDER 4 the contract with Richard Knutson, Inc., for Project 80-6, Cedar PROJ. 80-6 Avenue Utility Relocations, in the amount of an additional $3,838.50. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the final plat and devel- MORNINGVIEW opment agreement for Morningview Sixth Addition and authorizing the SIXTH FINAL PLAT Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving the final plat and de- velopment agreement for Diamond Path 11th Addition and authorizing the Mayor and Clerk to sign the same; and approving building per- mits for 40 townhouse units as recommended by the Planning Commis- Sion. Ayes - 4 - Nays - 0. DIAMOND PATH 11TH FINAL PLAT & BLDG. PERMITS END OF CONSENT AGENDA ITEMS MOTION: of Holton seconded by Humphrey, approving the minutes of the spe- MARCH 31, 1983 cial meeting of March 31st, 1983, as written. Ayes - 4 - Nays - 0. MINUTES CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1983 Page 2 MOTION: of Holton, seconded by Humphrey, approving the minutes of the APRIL 28, 1983 regular meeting of April 28, 1983, as written. Ayes - 3 - MINUTES Nays - 0 (Overgard Abstained). MOTION: of Holton, seconded by Humphrey, approving the minutes of the MAY 5, 1983 special meeting of May 5, 1983, as written. Ayes - 4 - Nays - 0. MINUTES Mayor Overgard read a proclamation, on behalf of the American Legion Aux- POPPY DAY iliary, proclaiming May 20, 1983, to be Poppy Day in Apple Valley. PROCLAMATION Mayor Overgard asked if anyone was present to address the Council at this AUDIENCE DISCN time on any item not on this agenda. There was no one present to speak. John Gretz reported he had met further with the business owners in the GRANADA AREA Granada area on the parking lot problem. They suggested moving the en- PARKING PROJECT trance from 147th Street West so it would be in a straight line with the entrance from 149th Street and allow "head-in" parking in front of the east side of the area, but doing nothing else. The estimated cost for resurfacing the City-owned portion of the parking lot for the Liquor Store is $6,000 and that is all that is proposed to be done at this time. The Council reviewed a draft of an ordinance, dated May 10, 1983, related to liquor establishment operating hours as discussed at its meeting of April 28, 1983. (Councilmember Savanick attended at this time.) MOTION: of Branning, seconded by Holton, passing Ordinance No. 295 a- mending Chapter 3 of the City Code related to hours of operation and closing regulations for persons holding on-sale non-intoxi- cating malt liquor, intoxicating liquor and/or wine licenses and/or a consumption and display permit. ORDINANCE 295 LIQUOR HOURS & CLOSING REGULATIONS Councilmember Humphrey asked what the definition of "business purposes" unrelated to the sale of liquor, etc., would be? Would this include only entertainment purposes and not the sale of food? He objected to extending hours of operation for bottle "set up" li- censees. Mr. Asleson said the City already restricts on-sale licenses to restaurants, but other businesses, such as a bowling alley, can be operated in conjunction with them. Trying to define business purposes might be too restrictive and, if a business with entertainment became a problem, it might be more effective to restrict the hours of dances, for example. MOTION: of Humphrey, seconded by Branning, amending the above motion by deleting the last sentence in Section 3-114(b)(8). Ayes - 1 (Humphrey) - Nays - 4 . Amendment failed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Overgard briefly reviewed the background of garbage regulation con- GARBAGE siderations since the experimental curbside collection district was estab- REGULATIONS lished in the Fall of 1981. She said that after the haulers and citizens present had been given an opportunity to comment, the Council would consider one or the other of the draft resolutions proposed. Mr. Asleson reviewed the drafts of reso- lutions attached to his memo dated May 2, 1983. CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1983 Page 3 Mayor Overgard asked if any of the refuse haulers present had any comments? Bill Heaston, of Bloomington Sanitation, said his company does not use the cart-type containers in any other cities at this time. He said they have no preference, but would like to have the Council make a decision tonight. Larry Kuntson, of Knutson Rubbish Service, said his customers in the experimental district using the cart-type containers like them and he would like to continue using them. Mayor Overgard asked if members of the public present had any comments? Deanna Keeton, Garrett Avenue, spoke in favor of the carts because they are neat appearing and easy to handle. Dean Allman, Eveleth Court, spoke in favor of the carts because they would be easier for people to put away which people are not-doing with their cans in,the area where he lives now. Lynne Kline, Galway Court, said the issue is not containers, but curbside or not curbside garbage collection and she is opposed to curbside collection. Wayne Zarn, Garret Avenue, spoke in favor of the cart type containers and said the only people opposed to them are people who have not used them. MOTION: of Holton, seconded by Branning, adopting Resolution No. 1983-69, as drafted on pages 10 and 13 of Mr. Asleson's May 2, 1983 memo, eliminating the experimental curbside garbage collection district and directing-the Urban Affairs Committee to update the City Code with particular attention to the type of refuse container allowed. RES. 1983-69 ELIMINATE CURBSIDE GARBAGE Councilmember Holton said he is not opposed to the cart-type containers and smaller ones can be purchased by individuals if they desire to have them, but he opposed allowing con- tainers to be placed on the curb for collection. Councilmember Savanick said she is in favor of allowing the cart-type containers at the curb for collection, but not total curbside garbage collection. Councilmember Branning said he is not opposed to the containers, but is opposed to curb- side collection because there are always items which will not fit into the containers and are placed alongside or on top of them. With different haulers working in the City, there would be a potential for garbage on the curb six days a week throughout the City. Councilmember Humphrey said he likes the cart-type container concept, but understands it is not compatible with doorside pickup and sees the problems of having both curbside and doorside collection within an area. Mayor overgard said she is opposed to the resolution the Council is considering because she believes people should have the option of curbside collection using the cart-type containers available. MOTION: of Savanick, seconded by Overgard, substituting the resolution, as drafted on pages 10, 11 and 12 of Mr. Asleson's May 2, 1983, memo, allowing curbside garbage collection subject to establishment of collection districts. Ayes - 2 (Overgard and Savanick) - Nays - 3. Failed. Vote was taken on the original motion. Ayes - 4 - Nays - 1 (Overgard). CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1983 Page 4 The Council received a letter, dated May 9, 1983, from the City Attorney describing the changes in the Cedar Avenue easements on the west side of Cedar Avenue between 142nd and 143rd Streets and requesting authorization to proceed with condemnation. MOTION: of Savanick, seconded by Humphrey, authorizing the City Attorney to proceed with condemnation to acquire easements for the Fischer, Fehler and Gretz parcels on the west side of Cedar Avenue between 142nd and 143rd Streets. Ayes - 5 - Nays - 0. CEDAR EASEMENT CONDEMNATION MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1983- 70 proclaiming May 22 to 28, 1983, as National Public Works Week in Apple Valley. Ayes - 5 - Nays - 0. RES. 1983-70 PUBLIC WORKS WEEK MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983- 71 rejecting all bids received for the crawler tractor with dozer, awarding the purchase of three single axle cab chassis to Boyer Ford, the low bidder, for $74,598 and the purchase of three dump bodies and plow equipment to MacQueen Equipment, the low bidder, for $51,789. Ayes - 5 - Nays - 0. RES. 1983-71 PURCHASE STREET EQUIP. MOTION: of Savanick, seconded by Branning, adopting Resolution No. 1983- RES. 1983-72 72 approving plans and specifications for Project 82-8, Public PROJ. 82-8 Works Garage Expansion, and authorizing advertisement for bids GARAGE BIDS to be received at 2:00 p.m. on June 9, 1983. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, adopting Resolution No. 1983- 73 approving plans and specifications for Project 83-8, Morning- view 6th Addition Utilities, and authorizing advertisement for bids to be received at 2:00 p.m. on June 9, 1983. Ayes - 5 - Nays - 0. RES. 1983-73 PROJ. 83-8 PLANS & BIDS RES. 1983-74 PROJ. 83-2 PLANS & BIDS CEDAR AVENUE CONSTRUCTION HIRE PARTTIME EMPLOYEES HIRE POLICE OFFICER JUNKER PROMOTE THOMAS STORE SUPER- VISOR MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1983- 74 approving plans and spedifications for Project 83-2, Cedar Avenue Storm Sewer and Hamlet Manor Utilities, and authorizing advertisement for bids to be received at 2:00 p.m. on June 9, 1983. Ayes - 5 - Nays - 0. The Council received a memo, dated May 6, 1983, from John Gretz advising them that the contractors doing the Cedar Avenue improvements will be working two shifts, from 6:00 a.m. to 10:00 p.m. daily, in an effort to complete the construction ahead of schedule. MOTION: of Holton, seconded by Savanick, approving hiring the parttime employees listed in the memo from the City Administrator, dated May 11, 1983. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Branning, approving hiring Michael Junker effective June 4, 1983, for the position of Police Offi- cer as recommended by the Police Chief. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, approving promoting Deborah Thomas to the position of Liquor Store Supervisor effective May 14, 1983, at an annual salary of $17,400. Ayes - 5 - Nays CITY OF APPLE VALLEY Dakota County, Minnesota May 12, 1983 Page 5 MOTION: of Savanick, seconded by Holton, to pay the claims and bills, checks numbered 30970, 30971, 32373 through 32390, 32392 through 32398 32403 through 32415 and 32425 through 32552, in the total amount of $2,821,502.84. Ayes - 5 - Nays - 0. MOTION: of Hotton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:15 o'clock p.m. CLAIMS & BILLS