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HomeMy WebLinkAbout12/21/1982CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1982 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 21, 1982, at 7:30 o'clock p,m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning (attended at 8:20 p.m.), Kelly, Overgard(attended at 7:53 p.m.) and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 7:35 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Kelly, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving all items on the consent agenda with no egceptions. Ayes - 3 - Nays - 0. APPROVE AGENDA CONSENT AGENDA 1983 LICENSES & PERMITS PROJ. 79-10 CHANGE ORDERS PROJ. 81-2 CHANGE ORDER 2 RES. t982-154 PROJ 82-12 PUBLIC HEARING PENNOCK PLACE PLAT & AGREEMT COBBLESTONE MANOR BOND REDUCTION EXTEND DODGE EMP. AGREEMENT CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Savanick, approving applicatigns for 1983 cigarette licenses, refuse collection licenses, on-sale beer li- cense, filling station permits, transient merchant license and mobile home park permit as listed on the packet enclosure. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving change orders to the con- tract with Fredrickson Excavating Co. for Project 79-10 as follows: No. 1 Revised, add $13,604.25; No. 2 add $16,251.40; and No. 3 add $10,600.00. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving Change Order No. 2, re- vised, to the contract with Richard Knutson, Inc., for Project 81-2 in the amount of $132,264.43 for Cobblestone Manor utilities. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1982-154 receiving the preliminary engineering report on Project 82-12, Forest Park 3rd Addition public improvements, and setting a public hearing on it at 7:30 p.m. on January 13, 1983. Ayes - 3 - Nays MOTION: of Kelly, seconded by Savanick, approving the final plat and sub- division agreement for Pennock Place and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving a reduction in the finan- cial guarantee for improvements in Cobblestone Manor from $55,150 to $27,575. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving an extension to the em- ployment agreement with Richard Dodge by extending the termina- tion date to February 28, 1983, and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1982 Page 2 MOTION: of Kelly, seconded by Garrison, approving the minutes of the meeting of December 9, 1982, as written. Ayes - 2 - Nays - 0 (Savanick Abstained). DEC. 9, 1982 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 memo, dated December 15, 1982, from John Gretz concerning temporary advertising signs on Pennock Avenue, Galaxie Avenue and 140th Street as requested at the December 9, 1982 meeting. Because the road construction detours are no longer in effect, businesses with signs in these areas have been notified that the City will begin removing them on December 27, 1982. TEMPORARY ADVERTISING SIGNS RES. 1982-155 $420,000 IDB GALAXIE PARK RES. 1982-156 TO 159, 1983 LIQUOR LICENSES ORDINANCE 284 LIQ. EST. DISTANCES REFER SNOW- MOBILES, ETC., TO URBAN AFFAIRS MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1982- 155 granting final approval and authorizing issuance of $420,000 of Industrial Development Revenue Bonds for the Galaxie Park De- velopment Co. project south of County Road 42 on Galaxie Avenue. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Garrison, approving issuance of 1983 on-sale and Sunday liquor licenses as follows: Resolution No, 1982-156 Apple Bowl, Inc., d/b/a Benji's Apple Valley Bowl; Resolution No. 1982-157 Beef 'N' Brew, Inc., d/b/a Beef 'N' Brew; Resolution No. 1982-158 Cedar Valley A & W, Inc., d/b/a Apple Valley Greenstreets; and Resolution No. 1982-159 Pepito's Mexi- can Foods of Apple Valley, Inc., d/b/a Pepito's of Apple Valley. Ayes - 3 - Nays - 0. MOTION: of Kelly, seconded by Savanick, passing Ordinance No. 284 amend- ing the City Code by deleting Sections 3-75(b) and 3-101(b) re- lated to distances of liquor establishments from churches and schools as recommended by the Urban Affairs Committee. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Kelly, receiving a petition, dated April 30, 1982, from residents on 128th Street in Greenleaf 9th Addition concerning snowmobiles and all terrain vehicles and referring it to the Urban Affairs Committee for consideration and a report to the Council by the end of May, 1983. Ayes - 3 - Nays - 0. Mr. Asleson reported that the City's state aids will be reduced by 1983 BUDGET $25,000 to $30,000. The exact amount will be known when the checks sched-REVIEW uled to be mailed by the state on December 22, 1982, are received. He will have more information for the Council to review along with the 1983 budget considerations at the meeting of December 29, 1982. (Councilmember Overgard attended at this time.) MOTION: of Savanick, seconded by Kelly, approving hiring parttime warm- HIRE PARTTIME inghouse attendants and cross country skiing employees as listed EMPLOYEES in the memo from Terry Schultz, dated December 17, 1982. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1982 Page 3 Mayor Garrison presented a plaque to Councilmember Kelly, whose term of office ends December 31st, in recognition of her service on the Council from 1979 to 1982. KELLY PLAQUE MOTION: of Overgard, seconded by Savanick, to pay the claims and bills, CLAIMS & BILLS checks numbered 27333, 27334, 30489 through 30554, 30563 through 30600 and 30603 through 30626, in the total amount of $2,140,730.77. Ayes - 4 - Nays - 0. Councilmember Branning attended at this time. The Council received a memo, dated December 8, 1982, from Mr. Asleson concerning refuse collection tabled from the December 9, 1982, meeting. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. __ re- questing the Urban Affairs Committee to draft an ordinance for a refuse collection system that would allow "green" cans and reason- able yard debris to be placed at the curb for collection subject to establishment of collection districts and allow the option of doorside service. CURBSIDE REFUSE COLLECTION Councilmember Kelly said she would like to allow leaves and bundles of tree trimmings, etc., to be placed on the curb. Councilmember Overgard asked if that would be with or without districting? Councilmember Kelly said the wording of the resolution appears that dis- tricting would only be for "green" cans and is unclear. Councilmember Brahning said:he is opposed to districting because it defeats the free enterprise system. Mayor-taft,son said he is also opposed to the resolution because the residents do not want a change to curbside refuse collection; the present service is satisfactory. Councilmember Savanick said she would like to have some method of allowing green cans on the curb and nothing else. She asked the Attorney to comment on this. Jim Sheldon re- ferred to his opinion on garbage collection, dated December 6, 1982, to the City. He said most of the case law on this has had to do with cities that do their own collection. It appears it could be done through licensing requirements for collectors. His prelim- inary opinion is that regulation of containers and pick-up points by the City is per- missible so long as it is reasonable and not arbitrary. Councilmember Kelly said she would like to allow yard debris at the curb in plastic bags. Councilmember Branning said he could probably agree to that compromise. Councilmember Kelly said if garbage at the curb is an eyesore, so is junk around people's houses and vehicles up on blocks in driveways and these should be required to be cleaned up also. MOTION: of Branning, seconded by Garrison, calling for a vote on the motion on the floor. Ayes - 2 (Branning and Garrison) - Nays - 3 (Kelly, Overgard and Savanick). Councilmember Savanick said the experiment with green cans is an improvement over other types of containers used, but they would not be practical if they could not be placed at the curb. She is not particularly concerned with districting and would like to keep a number of haulers operating in the City. She disagrees with points 3 and 4 in the resol- ution. If the City is not going to regulate rates, why require the haulers to file their CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 1982 Page 4 rate schedules? The ordinance should not be referred to the Urban Affairs Committee again; the City Attorney and Staff could draft an ordinance with Council direction. She would like to have more discussion on the districting question. Councilmember Overgard said she had talked with some members of the Urban Affairs Committee and they are interested in working on the ordinance. Mr. Sheldon said there are so many aspects to this as to which way it should be regu- lated. If the Council gives specific direction on what it wants in an ordinance, he can work with either Staff or the Urban Affairs Committee to draft an ordinance. Mr. Asleson said if the Council decides that placement of items on the curb is not an issue, districting would not be necessary. Districting does not apply if nothing is placed on the curb. Councilmember Savanick asked if an ordinance were written allowing green cans and yard debris on the curb with a districting system regulated through licensing of haulers, can it be enforced? Mr. Sheldon said he could try to write an ordinance including these items for the Council to consider. MOTION: of Savanick, No Second, amending the motion on the floor by eliminating point number 3 and substituting the word "Staff" for "Urban Affaris Committee" in points number 4 and 5. Motion failed for lack of a second. MOTION: of Overgard, seconded by Branning, calling for a vote on the motion on the floor. Ayes - 4 - Nays - 1 (Savanick). Vote was taken on the motion. Ayes - 2 (Overgard and Savanick) - Nays - 3 (Branning, Kelly and Garrison), The Council asked for a clarification of the current policy. Mr. Asleson said because the motion failed, no action was taken. The current ordinance remains in effect in- cluding the experimental district. MOTION: of Overgard, seconded by Savanick, setting a special Council SET SPECIAL meeting at 7:30 p.m. at City Hall on Monday, January 3, 1983. MEETING Ayes - 5 - Nays - 0. Councilmember Savanick asked that the Council vacancy be placed on that agenda for consideration. MOTION: of Overgard, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:13 o'clock p.m.