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HomeMy WebLinkAbout01/28/1982CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1982 Minutes of the meeting of the City Coundil of Apple Valley, Dakota County, Minnesota, held January 28, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly, Overgard and Savanick; Clerk Asteson. ABSENT: None. Mayor Garrison called the meeting to order at 7:30 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Kelly, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, adding hiring a parttime em- ployee to the consent agenda and approving all items on the con- sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA V.A.A. TRANS. MERCHANT LIC. ZERBY TRANS. MERCHANT LIC. WHEATON PONDING AGREEMENT THOMPSON BOND REDUCTIONS HIRE PARTTIME EMPLOYEE JAN. 14, 1982 MINUTES AUDIENCE DIS. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving a transient merchant license for five years for the Valley Athletic Association to sell various fund raising items. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving a transient merchant license for 1982 for Joseph Zerby to sell cypress slab wood. Ayes - 5 - Nays - 0. MOTION; of Branning, seconded by Overgard, approving an Agreement with Earl Wheaton for temporary ponding of storm water for 1982 at a cost of $1,000.00. Ayes - 5 - Nays - 0. MOTION:of Branning, seconded by Overgard, approving subdivision bond and/ or cash escrow reductions for Orrin Thompson Homes as follows: Greenleaf 12th, $500 to 0; Greenleaf 13th, $2,200 to 0; Longridge 1st, $5,000 to 0; Longridge 2nd, $25,000 to 0; Palomino Woods, $42,500 to $38,750; and Morningview, $5,000 - no change. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving hiring Donald Wil- liams as a Warming House Attendant at $4.25 per hour effective January 26, 1982. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Kelly seconded by Savanick, approving the minutes of the meet- ing of January 14, 1982, as written. Ayes - 3 - Nays - 0 (Bran- ning and 0vergard Abstained). Mayor Garrison asked if there was anyone in the audience who wished to ad- dress the Council on an item not on the agenda. There was no one. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1982 Page 2 Mayor Garrison read a Proclamation designating February 7 through 13, 1982, as Office Education Association Week in Apple Valley. Kim Sch- nickels and Sandy Hanson, students at Apple Valley Senior High School and members of the Association, were present. OFFICE EDUCA- TION ASSN. WK. Mayor Garrison called the public hearing to order at 7:38 p.m. to con- WHITNEY DRIVE sider vacating part of Whitney Drive and noted receipt of the affidavit VACATION HRNG. of publication of the hearing notice. Mr. Asleson reviewed the history of this vacation proceeding from his memo, dated November 9, 1981, and recommended no action be taken until temporary right-of-way road easements have been obtained. The temporary easements would permit use of the road for detour purposes during the County Road 42 and Cedar Avenue construction this summer. Mayor Garrison asked for questions or comments from the public; there were none and the hearing was closed at 7:41 p.m. Mayor Garrison called the public hearing to order at 7:42 p.m. on Project PROJ. 79-10 79-10, utilities in Pennock Avenue and 138th Street, and noted receipt of PUBLIC HEARING the affidavit of publication of the hearing notice. Keith Gordon reviewed the proposed improvements and said the State will be constructing the road improve- ments and the City will concurrently be installing the utilities. Mr. Asleson said the property on the west side of Pennock and both sides of 138th Street will be assessed. Tom Heiberg was present and asked how long the term of the assessment will be and when was it determined that only the west side of Pennock would be assessed? Mr. Asleson said it would be a 15 year assessment. Mr. Gordon said the assessments were dis- cussed with the property owners when the easements were obtained Mr. Heiberg said he did not recall discussing this, but he had asked if the sewer could be run inter- nally on the property rather than on the west side of the road. Mr. Gordon said the problem with that is the property to the north is being proposed for development and the sewer must come from the south. Since Mr. Heiberg!s property does not have a development plan yet, there are no road alignments on which to run an internal sewer line. Mr. Heiberg said he does not have any plans for developing the property at this time. Mr. Heiberg questioned the amount of assessment to his property and Mr. Asleson sug- gested the hearing be continued until the next meeting so these concerns could be discussed with Mr. Heiberg. The Mayor declared the hearing continued until February 11, 1982. Bill Peterson, of the Dakota County Assessor's Office, was present to recommend certain tax abatements to the Council described in a report dated January 19, 1982. MOTION: of Overgard, seconded by Savanick, approving tax abatements, as recommended by the Dakota County Assessor, on parcels 01-11780- 020-00, 01-25650-010-02, 01-45801-020-00, 01-56601-020-03, 01- 56650-040-00, and 01-02000-010-76. Ayes - 5 - Nays - 0. TAX ABATEMENTS RES, 1982-13 FIRE DEPARTMT. OFFICERS MOTION: of Branning, seconded by 0vergard, adopting Resolution No. 1982- 13 confirming the election of Richard Tuthill as Fire Chief for 1982 and his appointments of Paul Hunsinger as Assistant Fire Chief; Joseph Dvorak, Roland Lindeman and Richard Munson as Cap- CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1982 Page 3 tains; and James Erb, John Field, Douglas Groen, William Kelly, Roy Nielsen and Joseph Steinback as Lieutenants and reappointing Deane Running as Fire Marshal. Councilmember Kelly said the Fire Department is reviewing the feasibility of changing the Chief's term of office to more than one year and will he reporting to the Council on this. She also said the Fire Department has been operating administratively with an executive committee which has never been confirmed by the Council. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Garrison, passing Ordinance No. 265 pro- viding for the regulation and control of gambling in the City and licensing procedures therefor, as recommended by the Urban Affairs Committee. ORDINANCE 265 GAMBLING LIC. Councilmember Savanick asked if it would be possible to set a license fee for raffles based on the value of the item to be raffled, for an organization that might only have a one-time raffle, rather than the annual fee. Mr. Asleson said the license fee is to cover the cost of the investigation and the same investigation and bond are required whether the license-is for one year or one event. Mr. Sheldon said all the organizations would also have to be treated equally. Ken Ceola asked what would happen if the ordinance were not passed? Mr. Sheldon said, under state law, gambling is prohibited unless a city has an ordinance licensing the activity. If the city officials are aware of these activities going on and on and do nothing about it, they could be prosecuted. Councilmember Savanick said she would like to know what other cities are doing about this and what fees they are charging. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Savanick, seconded by Branning, adopting Resolution No. 1982- 14 establishing 1982 fees and charges at Lebanon Hills Golf Course including greens fees on weekdays of $4.50 for 9 holes and $7.00 for 18 holes and on weekends and holidays of $5.00 for 9 holes and $8.00 for 18 holes. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Branning, adopting Resolution No. 1982- 15 approving a lease agreement with Golf Car Midwest for 20 golf carts, at $685 each, for a total of $13,700, for the 1982 golf season and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1982-14 GOLF COURSE FEES & CHARGES RES. 1982-15 GOLF CART LEASE AGREEMENT MCMENOMY & SHELDON FEE AMENDMENT MOTION: of Savanick, seconded by Overgard, approving an amendment to the Agreement with McMenomy & Sheldon, effective February 1, 1982, that the fee for services shall be $57.50 per hour and the fee for attending Council meetings shall be the hourly rate not to exceed $150 per meeting. Councilmember Kelly said she has a problem with the $150 per meeting and asked if agenda items concerning the Attorney could be scheduled for the beginning of meetings and he could leave when those are finished? Mayor Garrison said that could be done by Council direction to Staff. Councilmember Savanick said many legal questions come up on various agenda items and it is difficult to tell when he Would not be needed. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1982 Page 4 Vote was taken on the motion. Ayes - 4 - Nays - 1 (Kelly). MOTION: of Overgard, seconded by Branning, approving the hourly rate schedule for Bonestroo, Rosene, Anderlik & Associates, Inc., as shown in the letter, dated September 4, 1981, effective January 1, 1982. Ayes - 5 - Nays - 0. 1982 ENGINEER FEE SCHEDULE UP, BAN PLANNING FEE AJ4ENDMENT MOTION: of Overgard, seconded by Garrison, approving an amendment to the Agreement with Urban Planning & Design, Inc., as shown in the letter, dated January 24, 1982, effective March 1, 1982. Councilmember Branning asked what tasks are:proposed~for the planning consultant in 19827 Mayor Garrison said it would be on an "as needed" basis as requested. John Gretz said the 1982 budget includes the planning consultant attending 50 percent of the Planning Commission meetings. Councilmember Branning asked if the planning consultant costs are passed along to de- velopers? Mr. Asleson said not directly, but the fees for platting, rezoning, build- ing permits, etc., are intended to cover this. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Branning). MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-16 approving plans and specifications for Project 81-16, Cobble- stone Manor and Southport Street Improvements, and authorizing advertisement for bids to be received at 2~00 p.m. on February 24, 1982. Ayes - 5 - Nays - 0. RES. 1982-16 PROJ. 81-16 PLANS & BIDS RES. 1982-17 ORDER CEDAR PROJECTS MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-17 ordering Projects 81-1 and 81-17, Cedar Avenue utilities and widening between 139th Street and Whitney Drive. Ayes - 5 - Nays - 0. Mayor Garrison read City Code Section 19.19, tha statement of policy concerning parking. The Council received the Court Findings of Fact, dated January 20, 1982, stating that Code Section 19-23, related to 3:00 to 6:00 a.m. parking, is void. Jim Sheldon told the Council that the question involved is does the City have authority to control and regulate parking on the streets. He recommended the Council review the ordinance and either appeal the decision or repeal the ordinance rather than amend it again. Bill Jacobson referred to the Council meeting minutes of June 9, 1980, when the ordin- ance was passed and said th&re have been three rulings by judges declaring the various parking ordinances unconstitutional. He requested the Council repeal the ordinance. Mr. Sheldon said because the Council is receiving this information now, it should not be discussed publicly pending a decision on whether or not to appeal. The Council agreed it would take comments from members of the public present, but would not dis- cuss the item. Ken Ceola said the streets are not wide enough to traffic when cars are parked on both sides of the street, it is not safe, visibility is obstructed and the Council should appeal the decision. Joan Raigna said at the June 9, 1980 meeting, the Mayor said if the ordinance were successfully challenged in court, he would make a motion to rescind it; is he doing to do so? CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1982 Page 5 Jack Ardoyno said the parking legislation is oppressive and should be abandoned as well s the gambling ordinance previously passed tonight. Mr. Sheldon said he is not sure of the time to appeal and he will have to check into that. His office would probably be able to handle the appeal for less than $500. Mr. Asleson said if the Council does nothing, this decision does not affect other cities. A district court decision would not either, only an appeal and subsequent decision by the state supreme court would affect other cities' ordinances. MOTION: of Savanick, seconded by Garrison, authorizing the City Attorney to appeal the Findings of Fact, dated January 20, 1982, concern- ing City Code Section 19-23 regarding parking on the streets. Ayes - 3 - Nays - 2 (Kelly and Overgard). APPEAL COURT PARKING DECISION Mr. Asleson said he would like to commend the Public Works employees for the snow removal work following the recent storms. The Mayor concurred and said drivers should also be cautioned to be careful at intersections because the limited snow storage space has caused high snow banks and poor visibility. MOTION:of Overgard, seconded by Branning, passing Ordinance No. 266 amend- ing Section 18-7 of the City Code by providing for suspension of sidewalk snow removal when the accumulation of snow makes removal unreasonable. ORDINAiqCE 266 SIDEWALK SNOW AMENDMENT Larry Moe, 134th Court, said he had received a notice of the suspension and asked what this action means. The Mayor said, administratively, the action was taken because of the extreme snow conditions. Jack Ardoyno said he objects to this action. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, accepting the action of the Mayor and suspending sidewalk snow removal requirements of Code Section 18-7 for this winter season. SUSPEND SIDEWALR SNOW REMOVAL Councilmember Branning said even though the requirement is suspended, people should be encouraged to shovel sidewalks where possible. Councilmember Savanick asked if the re- quirement can be reinstituted once it is suspended? Mr. Sheldon said because of the notice problems, once it is suspended, it must remain suspended for the season. Jack Ardoyno, representing School District 196, said the City employees have done a tre- mendous job with the snow removal, but he believes the sidewalk snow removal ordinance is totally wrong. The City owns the property and requires people living adjacent to it to shovel the snow, but he believes it is unwise to suspend it also. The School District will continue to try to clear the snow from its property and the residents should also because it is safer for children to walk on sidewalks. Councilmember Branning said unless the ordinance is suspended or repealed, it must be enforced and it is a hardship on many residents to enforce it. Larry Moe said the City has done an excellent job of snow removal, but he doesn't want the safety of the children forgotten. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1982 Page 6 Vote was taken on the motion. Ayes - 5 - Nays - 0. John Gretz said because of the sidewalk snow removal suspension, he is suggesting amending the priority of paths and sidewalks cleaned by the City. He showed maps of the current routes and the proposed routes which would eliminate cleaning the pathways on Palomino Drive and Johnny Cake Ridge Road and include parts of Everest and Guthrie Avenues. He also said they would remain flexible and will work with the School District to determine if there are other areas that should be included. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982-18 amending Resolution No. 1979-165 by revising the priority of snow plowing routes on pathways and/or sidewalks leading to schools and the commercial area as shown on the mapy. Ayes - 5 - Nays - 0. RES. 1982-18 SIDEWALK SNOW REMOVAL ROUTES MOTION: of Kelly, seconded by 0vergard, adopting Resolution No. 1982- RES. 1982-19 19 reappointing Larry Evers,.John D. Natwick, Sr., Richard ECONOMIC DEV. Winkler and Carl Watrud to terms on the Economic Development APPOINTMENTS Commission expiring in January of 1984. Ayes - 5 - Nays - 0. Consideration of an appointment to the Paratransit Committee was tabled. Mayor Garrison requested the Councilmembers to review the resumes and applications for the Park Director position on file so interviews for recruitment can begin soon. PARK DIRECTOR RECRUITMENT MINUTES PUBLICATION ACTING MAYOR ROTATION BUDGET NEWS ARTICLE Mayor Garrison asked if the expense of publishing the meeting minutes is a worthwhile expenditure? Mr. Asleson said it costs approximately $5,000 a year and is not legally required. The Council asked Staff to find out how many Apple Valley subscribers there are to the Dakota County Tribune and what the costs are. Councilmember Branning said the Council had discussed rotating liai- sons annually and the Acting Mayor position also. He said because he was not present at the last meeting, he wondered if there was another Councilmember who would like to have the Acting Mayor position this year. The Council discussed this and agreed not to change the action taken at the January 14, 1982 meeting on the Acting Mayor. Councilmember Savanick asked the press to publicize the article from the "Council Table" newsletter about General Fund revenue and expen- ditures and included a public opinion survey. Mayor Garrison said, as was discussed last year, it would be beneficial to the Council to rotate liaisons each year so each of the members would have an opportunity to work in all areas of the City. The Council discussed this and agreed they were satis- fied with their areas and would prefer not to change liaisons. MOTION: of Garrison, seconded by Overgard, reappointing the Council- 1982 COUNCIL members to liaison positions for 1982 as follows: Administra-LIAISONS tive Service, Branning; Community Development Services, Over- gard; Park Services, Savanick; and Public Safety Services, Kelly. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1982 Page 7 MOTION: of Overgard, seconded by Kelly, to pay the claims and bills, checks numbered 23697 through 23702, 26008 through 26088 and 26093 through 26181, in the total amount of $1,601,836.16. Ayes - 5 - Nays - O. CLAIMS & BILLS MOTION: of Overgard, seconded by Kelly, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:29 o'clock p.m.