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HomeMy WebLinkAbout11/23/1982CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 23, 1982, at 7:30 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning, Overgard and Savanick; Clerk Asleson. ABSENT: Councilmember Kelly. Mayor Garrison 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. MOTION: of Overgard, seconded by Savanick, approving the agenda for to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA MOTION: of Branning, seconded by. Overgard, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 4~- Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard granting a variance for a front- VARIANCE LOT 3, yard setback of 25 feet for a building on Lot 3, Block 1, Timber- BLOCK 1, wick 5th Addition as recommended by the Planning Commission. Ayes TIMBERWICK 5TH - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- 147 awarding the contract for Project 79-3, Pilot Knob Estates utility improvements, to Austin P. Keller Construction, the low bidder, in the amount of $473,295.00. Ayes - 4 - Nays - 0. RES. 1982-147 AWARD CONTRACT PROJ. 79-3 CHANGE ORDER 2 PROJ. 81-16 PRELIM. REPORT FOREST PARK 3RD FINAL PAYMENT PROJ. 80-18 COUNTY SIGNAL MAINTENANCE AGREEMENT MOTION: of Branning seconded by Overgard, approving Change Order No. 2 to the contract with McNamara-Vivant Contracting the Project 81- 16, Cobblestone Manor and Southport utilities, in the amount of an additional $2,221.60. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, authorizing the City Engineer to prepare a preliminary report for public improvements in Forest Park 3rd Addition. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving final payment and ac- cepting Project 80-18, Palomino Drive Pathway, as final from Can- non Valley Construction for a total contract of $126,516.05. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving Signal Maintenance Agreement No. 82-08 with Dakota County to operate and maintain the traffic control signal systems on County roads in the City and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving a 1982 license for CIGARETTE cigarette sales by Thiesen Vending Co. at Pepito's of Apple Valley. SALES LICENSE Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, accepting the resignation of O'TOOLE HIST. Ruth O'Toole from the Historical Committee. Ayes - 4 - Nays - 0. COM. RESIGNATION CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1982 Page 2 MOTION: of Branning, seconded by Overgard, approving a transient mer- chant license for one month for Citizens for a Better Environ- ment. Ayes - 4 - Nays - 0. TRANS. MERCHANT LICENSE MOTION: of Branning, seconded by Overgard, approving an agreement for 1983 REFUSE refuse removal service at City buildings for 1983 with Browning- REMOVAL SERVICE Ferris Industries of Minnesota Inc., for the low quotation of $414.44 per month. Ayes - 4 - Nays - 0. MOTION: of Branning, seconded by Overgard, adopting Resolution No. 1982- 148 approving division of special assessments on Shakopee Sand & Gravel property in Sections 22 and 23; Lot 3, Block 2, Diamond Path Addition; Bjornnes Property in Section 33; Diamond Path 10th Addition; and Galaxie Park First Addition. Ayes - 4 - Nays - 0. RES. 1982-148 ASSESSMENT DIVISIONS END CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, approving the minutes of the NOV. 9, 1982 meeting of November 9, 1982, as corrected. Ayes - 4 - Nays - 0. MINUTES 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 to speak. The Council received a petition from Floyd Bosshardt for improvements to GALAXIE AVENUE Galaxie Avenue between 127th Street and the Eagan border and letters from IMPROVEMENTS Mark Moore, dated November 10, 1982, and Richard Craven, dated November 17, 1982, on the same subject. Mayor Garrison reviewed a memo from John Gretz, dated November 15, 1982, answering the points raised in this correspondence. Floyd Bosshardt was present and said because the Zoo abuts Galaxie Avenue on one side and Cedar Knolls Mobile Home Park on the other in this area, neither facility will be requesting improvements and it will be up to the City to complete the road. He sug- gested the Council appoint a committee or task force to try and do something with it. Mark Moore, representing Cedar Knolls Mobile Home Park, was present and said they ap- preciate the extra grading that has been done to the road. He also said a major concern of the residents is they will have difficulty selling their homes because of the limited access. He asked if the City will be plowing snow on the road this winter? John Gretz said snow would be plowed and it would be treated as any other road. Councilmember Savanick asked if there is any possibility of opening Cedar Avenue from 123rd Street north? Mr. Gretz said that would hinder the contractor working on Cedar and would not be done by the State. He said he believes Cedar Avenue will be open for traffic by the end of the 1983 construction season. Councilmember Overgard asked what will happen to Galaxie Avenue during the spring thaw? Mr. Gretz said it will require extra blading and gravel to remain passable. Council- member Overgard said the additional funds available for gravel should be spent on the road in spring. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1982 Page 3 Councilmember Branning asked if the "road closed" signs should be removed at the intersection of 127th Street and Galaxie Avenue? Jim Sheldon said there is no problem with leaving the signs in place to discourage traffic because of the condition of the road. Councilmember Savanick asked if there should be a three-way stop sign at the intersection of 127th Street and Galaxie Avenue and also a street light or at least a stop sign on southbound Galaxie Avenue? Staff will review this and report back to the Council. Mr. Asleson reviewed the M.S.A. fund estimates and said the City would probably not have road construction funds available until 1984 and then the priority of where to spend the money would have to be determined. Mayor Garrison said it would be appropriate to review the traffic patterns in this area several months after Cedar Avenue is open to determine where improvements should be made. The Council received a memo, dated November 16, 1982, from John Gretz concerning a request for waiver of assessments by the Dakota County HRA. Carol Schultz, Executive Director of the Dakota County HRA, was present and said she is required to request a waiver of assess- ments by HUD. She said she is not asking for special consideration, only that the request be treated as a request from any other propertyowner. MOTION: of Branning, seconded by 0vergard, adopting Resolution No. 1982- 149 finding that Assessment No. 189, for Cedar Avenue improvements, to Outlot A, Valley South, is correct and denying a request for a waiver from the Housing and Redevelopment Authority of Dakota County. Ayes - 4 - Nays - 0. Dick Tuthill, Fire Chief, and Paul Nunsinger, Assistant Chief, were present and showed a slide presentation to the Council about the Fire Department's function and some of the training its members receive. RES. 1982-149 DENY HRA ASSESS- MENT WAIVER FIRE DEPT. FILM PRESENTATI£ A petition for a zoning amendment in Academy Village was tabled until December 9, 1982, at the request of the petitioner, Tom Neiberg, who was present. Richard Winkler was present to request a clarification of the term of the conditional use permit for outside storage in Galaxie Park. Mr. Winkler said because a building can be depreciated over 15 years, the permit should run with the building and start from the date of occupancy rather than the date of approval. John Gretz said because the buildings will likely be built over a period of several years, the different expiration dates will cause administrative problems. Councilmember Overgard said the original request was for a 20-year permit and the Council reduced it to i5 years because it is not known whet would be stored there. Because the subdivision agreement restricts the uses, she would agree to approving a 20-year term. MOTION: of Overgard, seconded by Savanick, approving a conditional use per- mit for outdoor storage on all lots in Galaxie Park, subject to restrictions in the subdivision agreement, for a period of 20 years from August 26, 1982. Ayes - 4 - Nays - 0. GALAXIE PARK OUTSIDE STORAGE CONDL. USE PERM] PENNOCK PLACE REVISED SITE PLAN MOTION: of Overgard, seconded by Branning, approving a revised site plan for Pennock Place Condominiums without underground parking as rec- ommended by the Planning Commission subject to Planning Commission review of a revised landscape plan and authorizing vacation of a drainage and utility easement. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1983 Page 4 Mayor Garrison reviewed Mr. Asleson's memo of November 19, 1982, concerning parking reg- ulations in the City. The Council dan keep both the "no parking 3:00 a.m. to 6:00 a.m." and "snowbird" sections of the City Code repeal them or amend them in some manner. The Council received Mr. Asleson's memo of November 23, 1982, with a draft ordinance amending the snowbird section of the Code attached. MOTION: of Branning, seconded by Savanick, continuing the "no parking PAM(ING REGU- 3:00 a0m. to 6:00 a.m." section of the City Code unchanged and LATIONS & passing Ordinance No. 279 amending Code Section 19-24 to read, ORDINANCE 279 "No owner or driver shall park any motor vehicle or permit any motor vehicle to remain on any street in the city during any time that snowplowing or snow removal operations are in progress." Howard Brewer was present and said he is opposed to the 3:00 a.m. to 6:00 a.m. parking prohibition, but he believes there should be some type of snowbird ordinance. William Jacobson was present and asked for clarification of the motion being considered. Deputy Clerk Mueller responded. Vote was taken on the motion. Ayes - 4 - Nays - 0. Councilmember Savanick asked how this action will be publicized and will warning tickets be issued first? Mr Asleson said the ordinance itself will be published as a legal notice in the Dakota County Tribune and other advertising could be used such as a paid advertisement in the Countryside. Mayor Garrison said the regulations should be well publicized and then enforced without warning tickets. MOTION: of Branning, seconded by Overgard, authorizing placing an adver- tisement in the Countryside concerning 3:00 a.m. to 6:00 a.m. no parking and snow removal regulations. ADVERTISE SNOW & PARKING REGULATIONS Mr. Jacobson asked if a second legal opinion had been obtained on the parking issues and Mayor Garrison responded in the negative. Mr. Jacobson also asked if the ordinances would be republished and Mr. Asleson stated the amended snowbird ordinance would be published as a legal notice in the Dakota County Tribune and other public notice was the subject of the present motion before the Council. Vote was taken on the motion. Ayes - 4 - Nays - 0. The Council received a memo, dated November 19, 1982, from Rick Kelley concerning the Urban Affairs Cormnittee recommendation on an ordinance related to false alarms. Mayor Garrison asked how it was determined that four false alarms from automatic alarm systems would be permitted before a fee is charged? Police Chief Rivers was present and said in reviewing past history on these calls, they believe four is a reasonable number. MOTION: of Branning, seconded by Overgard, passing Ordinance No. 280 ORDINANCE 280 regulating false alarms from automatic alarm systems and setting FALSE ALARMS service fees for excessive false alarms from faulty or negligent~ ly operated systems. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County Minnesota November 23, 1983 Page 5 MOTION: of Branning, seconded by Garrison, adopting Resolution No. concluding that a change to curbside refuse collection in the City is not desirable or justified; terminating the experimental curbside refuse collection area; and requesting the Urban Affairs Committee to "update the language with particular attention to the type of container allowed" of the present City Code on refuse collection, excluding Sec. 11-12. CURBSIDE REFUSE COLLECTION REVIEW MOTION: of Savanick, NO SECOND, to table consideration of the motion on the floor. (Motion failed for lack of a second) Councilmember Overgard said she is opposed to the motion and does not agree with the statement that a change to curbside collection is not desirable or justified presently. Rick Knutson, of Knutson Rubbish, said he believes curbside garbage collection better provides for the health, safety and welfare of. the City because it is safer than trucks backing in driveways and there is less chance of property damage. Elizabeth Fedoruk said the City's current ordinance is not working. Taking away the "green cans" from the curb will not solve the problem of all the other garbage being put out at the curb. The cart-type cans are a more efficient method of putting refuse at the curb. Councilmember Savanick said the problem seems to be that the City can't discriminate against different types of containers at the curb, but she believes these cans are an exception. Jim Sheldon said the problem would be with enforcement. If the City speci- fied a certain container, an argument could be made that another container is just as secure, served the same purpose, etc. John McKay, of the Urban Affairs Committee, said they would like to have the Council act on this matter one way or another tonight. In discussions and surveys, the Committee has been unbiased and the total issue is one of asthetics. There is no way of knowing future costs and whether the haulers might change their policies and sell the cans in the future. Jim Thompson, of Town & Country Sanitation, said he would not be selling the containers. The service would cost $9.50 per month and he would furnish the containers. He would only sell the containers if someone really wanted to buy one or wanted a second one. Bob Erickson said he lives in the experimental area and is in favor of having the cart- type containers, but he has no strong feelings on whether they should be placed at the curb or not. Mr. Asleson said regardless of curbside collection being considered, the City Code needs to be updated because it specifies containers shall not be larger than 30 gallons, etc. Councilmember Savanick asked Mr. Knutson if they would continue to use the "green cans" if their customers could not place them at the curb? Mr. Knutson said he could not answer that now. Councilmember Savanick said when she researched refuse collection last year, she called all the haulers and asked what they were charging in Apple Valley and what they charged in other cities. They were all charging Apple Valley customers $1.00 more per month than customers in other cities. Mayor Garrison said he is not in favor of curbside collection because of the different types of containers that might ultimately be permitted on the curb. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1982 Page 6 Vote was taken on the motion. Ayes - 2 (Branning and Garrison) - Nays - 2 (Overgard and Savanick). Motion Failed. Bill Holton asked if it would be possible to require all refuse to be placed on the door, but allow the haulers to leave the cart-type containers only at the curb after they have collected? The Council discussed enforcement of this. Mayor Garrison said he could support this if doorside placement were enforced strictly. Mr. Asleson asked if that meant using a districting system also? Councilmember Branning said if the City goes to a districting system, It is no longer free enterprise and the City might as well go to contract service. Jim Thompson said if he cannot use the "green cans" at the curb, he would not use them. He would continue to use the small cushman vehicles instead. Howard Brewer said the cart-type containers are going to cost the haulers something to purchase and they will eventually have to pass these costs on to the customers. The Council should allow the citizens a choice and not require certain containers. Councilmember Overgard said she would be in favor of allowing the "green cans" at the curb with a districting system. Jim Sheldon said if the Council wants to allow curb- side refuse pickup with certain restrictions, it would have to look into what kind of regulations it wants. If it would only allow "green cans", that might not he'enforce- able because there might be other containers that are also acceptable. Pam Sohlberg, of the Urban Affairs Committee, said the only reason curbside refuse collection is being discussed is because the haulers have requested it. No resident in this City has ever requested a change to curbside refuse collection. MOTION: of Overgard, seconded by Savanick, approving an agreement with Government Training Service for a Council/Staff seminar on February 11 to 13, 1983, at Riverwood Conference Center. Ayes - 4 - Nays - 0. GTS GOAL SETTING SEMINAR 1983 BUDGETS SPECIAL MEETING TRANS. MERCHANT LICENSE Mr. Asleson said he had scheduled discussion of the 1983 budgets on the agenda because he thought there might be information on the State fin- ances and what revenue cuts might be expected. Ne has nothing to report at this time. MOTION: of Overgard, seconded by Savanick, setting a special meeting at 7:30 p.m. on Wednesday, December 29, 1982, at the City Hall. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Branning, approving a transient mer- chant license for the remainder of 1982 for Gage's Enterprises to sell Christmas trees at American Legion Post 1776. Ayes - 4- Nays - 0. MOTION: of Savanick, seconded by Branning, accepting the resignation of OVERGARD COUNCIL Marlis Overgard from the City Council, effective January 3, 1983, RESIGNATION due to her election as Mayor. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1982 Page 7 Councilmember Overgard asked the press to publicize that the Council will be accepting letters of application for the appointment to fill the vacancy on the Council. Letters can be sent to her, Councilmembers Branning or Savanick, or Bill Holton. MOTION: of Branning, seconded by Overgard, to pay the claims and bills, checks numbered 27325 through 27329, 30075 through 30170 and 30179 through 30259, in the total amount of $7,271,581.70. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Overgard, seconded by Branning, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:00 o'clock p.m.