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HomeMy WebLinkAbout09/09/1982CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 9, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Kelly, Overgard, and Savanick; Clerk Asleson. 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 Overgard, seconded by Savanick, approving all items on the con- sent agenda except Change Order No. 3 to Project 81-2 which was tabled. Ayes - 5 - Nays - 0. CONSENT AGENDA FIRE RELIEF BOOYA LICENSES CEDAR AVENUE CHANGE ORDER RES. 1982-104 PROJ. 82-5 CONTRACT HIRE SWITZER POLICE OFFICER HIRE HANSON RECEPTIONIST HIRE PARTTIME EMPLOYEE CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Savanick, approving a Special Event Gam- bling License; a Bingo License and waiving the Bingo Manager's Fidelity Bond requirement; and a Temporary On-Sale 3.2 Beer License and waiving the fee for the beer license, for the Apple Valley Fire Relief Association on September 25, 1982, at Fire Station No. 1. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving a Supplemental Agree- ment Change Order to the County contract with Enebak Construction for Cedar Avenue improvements south of 140th Street in the amount of an additional $16,981.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1982- 104 rescinding Resolution No. 1982-61 and awarding the contract for Project 82-5, 1982 Sewer Television Inspection to Donohue & Associates, the second low bidder, in the amount of $8,826.50. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving hiring Kent Switzer for the position of Police Officer effective October 2, 1982, at a starting salary of $1,364.00 per month. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving hiring Jan M. Hanson for the position of Receptionist effective September 13, 1982, at a starting salary of $828.00 per month. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, approving hiring Kris Haugen as an Attendant II at the Golf Course effective August 24, 1982, at a salary of $4.00 per hour. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1982 Page 2 MOTION: of Kelly, seconded by Overgard, approving the minutes of the meeting of August 26, 1982, as corrected. Ayes - 4 - Nays - 0 (Savanick Abstained). AUG. 26, 1982 MINUTES AUDIENCE DISC. Mayor Garrison asked if there was anyone in the audience who wished to address the Council at this time on any 'item not on the meeting agenda. There was no one present. Mayor Garrison called the public hearing to order at 7:35 o'clock p.m. APPLE BOWL, INC. on the application of Apple Bowl, Inc., d/b/a Benji's Apple Valley Bowl, LIQUOR LICENSE for On-Sale Liquor and Sunday Liquor Sales License and noted receipt of HEARING the affidavit of publication of the hearing notice. Joyce Hagen, repre- senting the applicant, was present and said, if approved, this license would replace the one currently issued to Apple Place and they would request it effective October 1, 1982. Mayor Garrison asked for questions or comments from the public. There were none and the hearing was closed at 7:37 p.m. Pursuant to the City Code, approval of the license will be scheduled for consideration at the City Council meeting of September 23, 1982. The Council received a report, dated September 7, 1982, concerning the experimental curbside refuse,collection system. MOTION: of Branning, seconded by Savanick, accepting the Urban Affairs UAC RECOMMENDA- Committee recommendation of August 5, 1982, to not permit curb- TION ON CURBSIDE side refuse collection, revise the City's present ordinance to REFUSE COLLECT update the language wilh particular attention to the type of container allowed, and terminate the experimental curbside re- fuse collection district within 60 days as set forth by ordinance. Councilmember Savanick said the experiment using carts should be continued through the leaf collection season to see if they are adequate or what problems there might be. Councilmember Kelly said she used a cart during the experiment and is in favor of them. If a household has a lot of leaves or grass clippings, they could be put in bags at the curb just as well as the cart. She also said she believes there will be a cost saving to the residents. Councilmember Overgard said she understands the Urban Affairs Committea's concerns about asthetics and if curbside collection were to be allowed, it should be done with a zone or districting system. She also said she would like a work session between the Council and the Urban Affairs Committee because she understands the Committee sensed frustration in determining what the Council really wanted them to do in evaluating the experiment. Councilmember Branning said the Council asked them for a recommendation and it should be acknowledged. If the Council wanted an ordinance allowing curbside garbage col- lection, it should not have been referred to the Committee in the first place. Councilmember Savanick said she would like to investigate a franchise or contract gar- bage service for the City. She also asked if the City contracted this service would it be required for every household to be part of the contract? CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1982 Page 3 Councilmember Branning said economics or cost savings of curbside collection is a dif- ferent question from the asthetics of allowing curbside collection in the City. Councilmember Savanick asked why the Urban Affairs Committee recommended against curb- side collection entirely whether or not the carts were used? Gloria Deters, represent- ing the Committee, said they believed the real issue is whether the City should allow curbside garbage collection or not and the problem of the various kinds of other items people put out to be collected. Mayor Garrison asked if a spokesman for the refuse haulers wished to comment. Larry Knutson said a lot of his customers have tried the carts and are in favor of keeping them. He said he believed the purpose of the experimental district was to try out the carts and they have worked well. Mayor Garrison said, personally, he is in favor of using carts for curbside collection, but he believes most of the residents are satisfied with the current method of pickup and do not want curbside collection. Asthetics are still more improtant to most resi- dents compared to some economy and he would have to agree with the Urban Affairs recom- mendation. MOTION: of Savanick, seconded by Kelly, tabling consideration of the Urban Affairs Committee recommendation until the meeting of October 14, 1982, and directing Staff to investigate and re- port on the feasibility of franchise or contract City garbage collection service, with os without carts, at that time. Ayes - 3 - Nays 2 (Branning and Garrison). TABLE UAC REC. & REQUEST STAFF REPORT Councilmember Savanick asked if the experimental district would continue until October 142 Mr. Asleson said, according to the ordinance, it can continue until the Council gives the collectors 60 days notice to cease curbside collection. MOTION: of Branning, seconded by Kelly, granting a variance for Lot FRONT SETBACK 5, Block 2, Scott Highlands 2nd Addition, to allow construc- VARIANCE tion to within 15 feet of the street right-of-way as recom- mended by the Planning Commission. Councilmember Overgard commented on the Planning Commission work session of August 30, 1982, at which they discussed variance requirements. One of the considerations is that a variance should relate to a hardship having to do with property and not a personal hardship and she believes this is a personal hardship. Councilmember Savanick said she is opposed to this type of frontyard variances and all houses on a street should be set back a similar distance. Mayor Garrison said each variance should be considered on an individual and subjective basis. Stan Fedoruk, the property owner, was present and said he requested the variance because he cannot locate a garage addition at the back of his house due to topographic problems. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Overgard and Savanick). The Council received a memo, dated September 7, 1982, from John Gretz regarding Alimagnet Park access from proposed Forest Park 3rd Addition. Mayor Garrison said he.believes 144th Street should be continued to the Park boundary, but not he a through street and provide parking access only. CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1982 Page 4 Councilmember Savanick said she believes the Park Committee and Planning Commission should review this again. Councilmember Branning agreed the Park needs additional access, but if 144th Street were connected through to Ridgeview Drive, it would cause intersection control problems at Ridgeview and Walnut Lane. He agrees 144th Street should be put in to a parking area. MOTION: of Overgard, seconded by Savanick, referring consideration of Alimagnet Park access from proposed Forest Park 3rd Addition to the Park Committee and Planning Commission. REFER ALIMAGNET PARK ACCESS TO COMMITTEE Bill Dolan, the developer of Forest Park, said he requested a decision on 144th Street because the preliminary plat, as originally approved shows 144th Street ending at the Park boundary. It was the intent then that a decision on the road would be made at the time a final plat is prepared for the 3rd Addition. If the Council does not want the road installed, it can end in a cul de sac. Mr. Dolan said if the Council does not want to change the approved preliminary plat, there is no reason for the Planning Com- mission to review it again. Councilmember Savanick questioned why this plat does not include a cul de sac that will be between the 1st and 3rd Additions. Mr. Dolan said it is more economical to continue 144th Street at this time and the cul de sac can be installed later. Councilmember Savanick said she believes it should be developed in a more orderly fashion and she also expressed concern about the cost of utilities. Mayor Garrison said he believes 144th Street should be a dead end street ending in a parking lot in the Park. Councilmember Savanick said when the preliminary plat was before the Council originally, it was not known what access would be needed to the Park. Now that improvements have been made in the Park, the Park Committee should review this question again. She also questioned whether the City could afford to put in another parking lot. Councilmember Overgard said if the road is put in and a parking lot is not put in at the same time, will people using the Park begin parking on the street? Vote was taken on the motion. Ayes - 3 - Nays - 2 (Branning and Garrison). MOTION: of Branning, seconded by Savanick, authorizing the expenditure of up to $8,000 for gravel improvements to Galaxie Avenue be- tween 127th Street and the Apple Valley/Eagan border contingent on Mn/DOT providing temporary signals or some type of traffic control at the intersection of Galaxie Avenue and Cliff Road in Eagan. GALAXIE AVENUE GRAVEL IMPR. John Gretz said he will be meeting with Mn/DOT and Dakota County next week on this. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savanick, setting informal meetings at 7:30 p.m. on September 16 and 20, 1982, for 1983 budget re- view, the budget hearing on September 23, 1982, as part of the SET BUDGET MEETINGS CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1982 Page 5 regular Council meeting and a special meeting at 7:30 p.m. on October 7, 1982, to adopt the 1983 budget and tax levy. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-105 reappointing Norman Hansen and Frank Olson to the Cable TV Com- mission for terms expiring August 1, 1985. Ayes - 5 - Nays - 0. RES. 1982-105 CABLE TV APPT. Councilmember Savanick said consideration of making appointments to fill the Park Committee vacancies should be held until after the new Park Director is here and can analyze the. goals and policies of the Committee and give some direction to them. She said she had met with the Park Committee September 7, 1982, and they had agreed with this. MOTION: of Savanick, seconded by Branning, tabling consideration of fill- ing Park Committee vacancies indefinitely. Ayes - 5 - Nays - 0. TABLE PARK COM. APPTS. URBAN AFFAIRS VACANCY MOTION: of Branning, seconded by Garrison, appointing David Saxerud to the Urban Affairs Committee for a term expiring March 1, 1983. Councilmember Savanick said she would like to look into filling this vacancy in more depth because there are several applicants for the position. Mayor Garrison said he would have to abstain from voting on this motion because he does not personally know Mr. Saxerud. Councilmember Overgard also said she does not know him, but does know another of the applicants. Vote was taken on the motion. Ayes - 1 (Branning) - Nays - 1 (Overgard) - Abstentions - 3 (Garrison., Kelly, and Savanick) - Motion Failed. Stan Fedoruk was present and said he would withdraw his application for the Urban Affairs Committee if it is causing dissention on the Council. He said he would like to be con- sidered for a Park Committee or other appointment in the future. MOTION: of Kelly, seconded by Overgard, tabling consideration of filling the Urban Affairs Committee vacancy until September 23, 1982. Ayes - 5 - Nays - 0. TABLE URBAN AFFAIRS APPT. Consideration of Change Order No. 3 to Project 81-2, Morningview pond storm sewer diver- sion, was tabled. MOTION: of Savanick, seconded by Overgard, approving promoting Judy Nelson to the fulltime position of Police Dispatcher effective September 18, 1982, at a monthly salary of $1,344.00. Ayes - 5 - Nays - 0. NELSON FULLTIME DISPATCHER Councilmember Savanick said she believes a Fall issue of the "Council Table" COUNCIL TABLE newsletter is necessary to advise the public of road construction informa- tion, election information and other items The Council agreed and articles for the news- letter should be submitted by October 1st. Mr. Asleson noted that the Council will need to formally approve this because the 1982 budget revisions included only two issues of the newsletters. Councilmember Savanick also suggested that John Gretz issue weekly press releases advising of road closings, etc. CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1982 Page 6 MOTION: of Branning, seconded by Overgard, to pay the claims and bills, checks numbered 27294, 29137 through 29214 and 29223 through 29295, in the total amount of $1,033,599.93. Ayes - 5 - Nayes CLAIMS & BILLS MOTION: of Branning, seconded by Overgard, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:24 o'clock p.m.