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HomeMy WebLinkAbout11/09/1982CITY OF APPLE VALLEY Dakota County Minnesota November 9, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9th, 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 Kelly, approving all items on the consent CONSENT AGENDA agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Kelly, approving reduction and/or release of certain bonds for Diamond Path 4th, 5th, 6th and 9th Additions as listed in the memo from Rick Kelley, dated November 4, 1982. Ayes - 5 - Nays - 0. DIAMOND PATH BOND AMENDMENTS CEDAR PARK SCHOOL POND CORRESPONDENCE LOT 9, BLK 2, CARROLLWOOD 4TH VARIANCE RES. 1982-143 MUNICIPAL STATE AID STREET DESIGNATIONS RES. 1982-144 SET PUBLIC HEARINGS 1983 LIQUOR LICENSES HIRE PARTTIME EMPLOYEES MOTION: of Overgard, seconded by Kelly, receiving correspondence related to the storm water pond south of Cedar Park School, as attached to the memo from John Gretz, dated October 28, 1982. Ayes - 5 - Nays MOTION: of Overgard, seconded by Kelly, granting a variance to allow con- struction to within 20 feet of the Guthrie Avenue right-of-way on Lot 9, Block 2, Carrollwood Village 4th Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982~143 removing that portion of 132nd Street between Cedar and Galaxie Avenues from the MSA street system and designating that portion of 145th Street between Galaxie Avenue and Johnny Cake Ridge Road as a Municipal State Aid Street, subject to approval of the Minne- sota Commissioner of Transportation. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1982-144 setting public hearings at 7:30 p.m. on December 9, 1982, on 1983 renewal applications for on-sale liquor licenses of Apple Bowl, Inc., Beef 'N' Brew,~Inc., and Cedar Valley A & W, Inc., and a 1983 application of Pepito's Mexican Foods of Apple Valley, Inc. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving hiring parttime employees as listed in the memo from Terry Schultz, dated November 4, 1982. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota November 9 1982 Page 2 MOTION: of Savanick, seconded by Kelly, approving the minutes of the regular meeting of October 28, 1982, as written. Ayes - 3 - Nays - 0 (Garrison and Overgard Abstained). OCT. 28, 1982 MINUTES NOV. 3. 1982 MINUTES MOTION: of Overgard, seconded by Branning, approving the minutes of the special meeting of November 3rd, 1982, as written. Ayes - 5 - Nays - 0. Mayor Garrison asked if anyone was present to address the Council on any 'AUDIENCE DISC. item not on this agenda. There was no one present. Mr. Asleson distributed copies of a revised resolution of approval for industrial- commercial revenue bond financing for K. Mart Corporation. Mr. Lynch, attorney for K Mart, was present and reviewed the changes in the resolution as requested by John Kirby of the Dorsey Law Firm. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- RES. 1982-145 145 approving and authorizing the issuance of $3,450,000 of In- FINAL APPROVAL dustrial Development First Mortgage Revenue Bonds, Series A 1982,K MART BONDS K Mart Corporation - Tenant and Guarantor and related documents and necessary action. Ayes - 5 - Nays - 0. Consideration of an amendment to the Academy Village planned development was tabled at the request of the petitioner. John Gretz reviewed a map showing the proposal to rezone the southern 80 acres on the west side of Pilot Knob Raod in the area known as Birdsong. Bill Dolan, the petitioner, was present to answer questions. Mayor Garrison said he agrees with the proposed rezon- ing, which is in conformance with the Comprehensive Plan, but the area proposed for future park, on the east side of Pilot Knob Road, should be reviewed further as parts of this area develop. It may not be appropriate to have a park that far from the development. MOTION: of Overgard, seconded by Kelly, passing Ordinance No. 277 re- zoning part of the Birdsong proposal, described in the surveys of each portion, from Agricultural to R-lC on 26 acres, M-1 on 27 acres and M-2 on 27 acres as recommended by the Planning Commission. ORDINANCE 277 REZONING PART OF BIRDSONG Councilmember Savanick said she does not believe this zoning will allow for a good road system. Councilmember Branning said the road system will have to addressed by the developer when preliminary plat approval is requested. Vote was taken on the motion. Ayes - 5 - Nays.- 0. The Council received a memo from George Ballenger, dated November 9, 1982, UTILITY BILL in response to a letter from Carol Valentine received at the October 28, REPORT 1982, meeting. Mr. Ballenger said a review of sample utility billings shows 20,000 gallons per quarter to be a valid average. Adjustments to any billings would have to be done manually, increasing the cost of billing. If the policy were changed to give refunds after winter quarter billings were established, amounts in excess of 20,000 gallons would also have to be changed. Mr. Asleson said part of the problem in this case was that the meter was not reading correctly also. Ms. Valentine was present and said she believes there still may be a problem with the meter. Mr. Asleson said the Utility Department would check the meter again. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1982 Page 3 The Council received a memo, dated November 5, 1982, from Richard Asleson concerning a possible lease of Lebanon Hills Golf Course. Mr. Asleson said the "Background Informa- tion Package" attached to the memo is not intended to be detailed specifications of what will be required in a lease. It is intended to be a guide for interested individuals to use to develop a proposal to submit to the City. The Council reviewed the points con- tained in the draft. Councilmember Savanick questioned the availability of the course for high school play if it is leased and said there should be a policy on this. Jon Gurban said item 26 could request a proposed greens fee structure for 1983 which would clarify this question. Councilmember Savanick said she would like more time to review and clarify each of the points in the Request for Proposals. Councilmember Branning said this is a request for proposals and it is up to the individuals submitting the proposals to provide details to the Council. After the proposals are submitted, they will be evaluated by the City and a contract negotiated. Councilmember Savanick requested that a paragraph requiringthe proposals to include insurance coverage be added. Councilmember Savanick said the financial guarantee amount in item 12 should be at least $100,000. Mayor Garrison said an amount equal to two years of property taxes would pro- bably be sufficient. Councilmember Branning said any specific number included would increase the initial cash outlay involved in the proposal and the dollar amount should be negotiated. Councilmember Overgard said no additional money should be spent by the City on-the irri- gation system in item 24. The Council agreed to delete that from item 24. The Council also agreed to clarify the term of lease in item 14, extend the peak-season use in item 15 te August 31 or 101 days and include the building furniture in item 23. Fred Merry said he believes it is customary in government to issue a "request for infor- mation'' rather than a-"request for proposals" at the initial stage. Councilmember Branning said the City is asking for specific proposals and this format is appropriate. Curt Walker was present and said he is interested in submitting a proposal and he has no problem in responding to the request for proposals. MOTION: of Overgard, seconded by Branning, approving the background infor- mation package and request for proposals for operation of Lebanon Hills Golf Course, as revised, with a preproposaI conference held November 30, 1982, and sealed written proposals received at 2:00 p.m. on December 28, 1982. Ayes - 4 - Nays - 1 (Savanick). REQUEST FOR PROPOSALS ON GOLF COURSE LEASE The Council received a memo, dated November 8, 1982, from Richard Asleson GARBAGE COLLEC- concerning refuse collection. Mayor Garrison said he would be reluctant TION & CONTAINER to consider either contract or franchise refuse collection service because the present system of private enterprise is satisfactory. The problem still is whether curbside collection should be allowed or not. Councilmember Kelly commented on questionnaires sent out by haulers to their customers in the experimental curbside collection district. The majority of people using carts CITY OF APPLE VALLEY Dakota County, Minnesota November 9 1982 Page 4 were in favor of them. Mayor Garrison said he would support curbside collection using carts if a system could be devised so all haulers pick up on the same day in a given area. Councilmember Branning said he would like the Council to meet jointly with the Urban Affairs Cormmittee to discuss its recommendation against curbside garbage collection and get their comments on the research that was done. The Council agreed to meet jointly with the Urban Affairs Committee at City Hall on November 17, 1982, at 7:30 p.m. Consideration of clarification of the conditional use permit for outside storage in Southport East was tabled until November 23, 1982. MOTION: of Overgard, seconded by Savanick, passing Ordinance No. 278 amending Section 14.5-3(b) of the City Code by providing that no person shall park or leave any unauthorized motor vehicle within a park when persons are not permitted in the park. Ayes - 5 - Nays - 0. ORDINANCE 278 PARKING RESTRIC- TIONS IN PARKS The Council received the Association of Metropolitan Municipalities leg- AMM LEGISLATIVE islative policies for 1983-1984 which will be considered at the November POLICIES 18, 1982, general membership meeting. Mayor Garrison asked if legislation allowing statutory cities to have primary elections would be possible? Mr. Asleson said that would probably be better to pursue through the League of Minnesota Cities. Councilmember Savanick reviewed some of the transportation items to be considered and the Council agreed that if the policy of eliminating zone fares in the MTC service system is put to a vote, the City's representatives should support it. MOTION: of Savanick, seconded by Overgard adopting Resolution No. 1982- 146 authorizing City employees and spouses to do volunteer clean- up work at Lebanon Hills Golf Course on November 20, 1982, and in consideration of the work performed, the participants may have access to the wood as cut. Ayes - 5 - Nays - 0. RES. 1982-146 VOLUNTEER CLEANUP AT GOLF COURSE The Council received a letter from the City Attorney, dated November 9, PARKING AND 1982, and a memo from Richard Asleson, dated November 9, 1982, concerning SNOWBIRD the appeal decisions on the City's parking and snowbird ordinances. Jim ORDINANCE Sheldon said since the Appeals Tribunal did not make a decision on the DECISIONS constitutionality in either the Jacobson or the Raigna case, the ordinances are presumed to be constitutional and are in effect. The Council received a letter from William Jacobson, dated November 8, 1982, concerning the ordinances and offered to hlep write a new snowbird ordinance. Mr. Asleson said he could not make a recommendation on what to do about the ordinance because information on the court decision was just received. Joan Raigna was present and said her interpretation of the decision is that since no decision was made by the Appeals Tribunal, the lower court ruling stands. She also said that her review of the City's attorney fees from January 1979 to April 1982 shows over $3,500 was spent, not including police and staff time, on these ordinances. CITY OF APPLE VALLEY Dakota County Minnesota November 9, 1982 Page 5 William Jacobson was present and asked Mr. Asleson to read his letter which was done. Mr. Jacobson said he does support having a "proper" snowbird ordinance in the City, but he disagrees with the City Attorney's interpretation of the court decision. He agreed the court should have made some kind of a decision and said he understands there is a right of review by the court if a request is filed within a certain number of days. He said he also believes the lower court decision stands unless it is overruled by the Appeals Tribunal. He asked that the 3:00 a.m. to 6:00 a.m. no parking ordinance be abandoned and the snowbird ordinance be reconstructed. No action was taken on these ordinances at this time. MOTION: of Savanick, seconded by Overgard to pay the claims and bills, checks numbered 27318 through 27324, 29943 through 30009 and 30019 through 30066, in the total amount of $2,t22,116.62. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Branning, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:30 o'clock p.m.