Loading...
HomeMy WebLinkAbout06/09/1980CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1980 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 9, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly, Overgard (attended at 8:16 p.m.) and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, approving the minutes of the meet- ing of May 29, 1980, as written. Ayes - 3 - Nays - 0 (Kelly Abstained). MOTION: of Kelly, seconded by Savanick, removing approval of parttime em- ployees from the consent agenda, adding annual reviews of David Gullifer and George Ballenger and approving all items on the con- sent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Kelly, seconded by Savanick, passing Ordinance No. 239, which amends Ordinance No. 141 (Personnel Rules and Regulations), adopt- ing Minnesota Statutes 192.26 to 192.264 related to military leave for City employees. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, receiving a request from Derrick Land Company concerning sidewalks in Hunters Wood subdivisions and tabling consideration of it until July 10, 1980. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving an Agreement with the Minnesota Zoological Garden for police service for one year effec- tive July 1, 1980, with such services being charged at the rate of $17.50 per hour, and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving an Agreement with the Minnesota Zoological Garden for fire service for one year, with automatic renewal for an additional year, effective July 1, 1980, under the same terms as the Agreement dated July 1, 1978, and authorizing the Mayor and Clerk to sign the Agreement. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, adopting Resolution No. 1980-69 directing the Engineer to prepare plans and specifications for Project 80-13, Palomino Water Reservoir Painting. Ayes - 4 - Nays - 0. APPROVE AGENDA MINUTES MAY 29, 1980 CONSENT AGENDA ORD. NO. 239 MILITARY LEAVE TABLE HUNTERS WOOD SIDEWALK CONSIDERATION ZOO POLICE AGREEMENT ZOO FIRE AGREEMENT RES. 1980-69 PALOMINO RES. PAINTING CITY OF APPLE vALLEY Dakota County, Minnesota June 9, 1980 Page 2 MOTION: of Kelly, seconded by Savanick, approving an Agreement with Dakota County through its CETA Office for a Youth Conservation and Community Improvement Program effective May 12, 1980 through September 30, 1980, and authorizing the Mayor and City Clerk to sign the Agreement. Ayes - 4 - Nays - O. CETA YOUTH CONSERVATION PROGRAM AGREEMT. MOTION: of Kelly, seconded by Savanick, authorizing Michael Bassett and BASSETT & WALZ Margie Walz to attend the National Recreation & Park Associa- PARK CONGRESS tion Congress in Phoenix, Arizona, October 19 through 23, 1980. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving a salary increase GULLIFER for David Gullifer of $108.00 per month effective June 11, SALARY INCREASE 1980. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Savanick, approving a salary increase for BALLENGER George Ballenger from $26,000 to $28,608 annually, effective SALARY INCREASE June 4, 1980. Ayes - 4 - Nays - O. END OF CONSENT AGENDA ITEMS Mayor Garrison called the public hearing to order at 8:05 p.m. on the application of Marlo Neuleib for industrial revenue bond financing and noted receipt of the affidavit of publication of the hearing notice. Mr. Asleson reviewed the application which is for financing in the amount of $600,000 for two office buildings on Lot 13, Block 8, Valley Commercial Park 2nd Addition. He also said Resolution No. 1979-84 requires the building permits to be approved by the Planning Commission before the bonds are approved. Ken Norwich, of Miller & Schroeder, said Mr. Neuleib will not be preparing detailed plans for the Planning Commission to review because, under Chapter 479A, he cannot be reimbursed for costs incurred before the bonds are approved. The Mayor asked for any questions or comments from the audience. There were none and the hearing was closed at 8:09 p.m. The Mayor said no further action would be taken until this proposal has been reviewed by the Planning Commission. Mayor Garrison commented on a petition concerning traffic at the intersection of Cedar Avenue and County Road 38 and on a serious accident which occurred at that intersection on May 25, 1980. He distributed copies of two resolutions; one requesting four-way stop signs and a report on traffic signals by Dakota County at the intersection, and the other requesting Dakota County to prepare a report on the feasibility of construct- ing a pathway along County Road 38 from Cedar Avenue to County Road 11. (Council- member Overgard attended at this time.) Mr. Asleson reviewed a report prepared by the Police Chief comparing accidents over the past two years at the four signalized intersections in the City and this intersection. The Mayor called for questions from the audience. Paula King asked if the request for a pathway along County Road 38 could relocate the pathway proposed in the Belmont-Chaparral area? Mike Bassett said that pathway was included in a grant application to the State and it is too late to submit an amended application. He also said it appears unlikely that the application will recieve funding. Linda Greely questioned money escrowed for pathways in the Heritage Hills area. Mr. Asleson said that money was escrowed for future use in lieu of sidewalks in the sub- divisions. He said it is available for pathway construction, but would not be enough for the entire pathway. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1980 Page 3 Jane Gilsdorf, Katie Kenyon, Michele Lehnen and Krista King presented a petition from thePalomino Hills and Heritage Hills neighborhoods requesting traffic signals and a pathway. Mrs. Yvonne Lehnen commented on the need for a pathway along County Road 38 because there are many preteen and teenage children in the area who rely on bicycles for transportation. Paula King asked what the resolutions mean. The Mayor said they are petitions to the County Board of Commissioners requesting the County to make the improvements because both roads involved are County roads. Mrs. King also asked when Cedar Avenue would be reconstructed at the County Road 38 intersection? John Gretz said it would be about two more years. The present phase of Cedar Avenue construction will go as far south as the I35E intersection. Carolyn Rodriguez said she has a map of the Cedar Avenue con- struction and a time table. Robert Sandeen, Dakota County Highway Engineer, said there are a number of things that can be done with this intersection and he will prepare a report on it after this infor- mation is presented to the County Board tomorrow. John Gretz will notify Katie Kenyon of the outcome of the project reports. Councilmember Holton said the Council recognizes the need for paths in the City and per- haps a bond issue should be proposed to construct an entire pathway system. Krista King said a pathway along County Road 38 would help save taxpayers' money because students in the area would be able to walk farther to bus stops. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1980-70 RES. 1980-70 & requesting Dakota County to install four-way stop signs at the 1980-71 CEDAR & intersection of Cedar Avenue and County Road 38 and prepare a . C.R. 38 INTER- report on traffic signals; and Resolution No. 1980-71 requesting SECTION AND PATH Dakota County to have a feasibility report prepared on construct- ing a pathway along County Road 38 from Cedar Avenue to County Road 11. Mrs. Lehnen said the first priority is the children's safety and she believes the path- way is most important. Mrs. King agreed and said four-way stop signs would probably not solve the problems at the intersection. Mr. Sandeen said it would probably take about nine months to have signals installed and it is doubtful this intersection would meet the warrants for signalization. MOTION: of Holton, seconded by Savanick, amending Resolution No. 1980-70 AMEND RES. by requesting the County to study the installation of four-way 1980-70 stop signs at the Cedar Avenue-County Road 38 intersection. Ayes - 2 - Nays - 3 (Garrison, Kelly and Overgard). Motion Failed. Mrs. Lehnen suggested lowering the speed limits, which are set by the State; however, he said signs on Cedar Avenue were posted today with an advisory speed limit of 40 miles per hour. Krista King said there are no pedestrian crossings on Cedar Avenue. Mr. Asleson suggested making no changes in the existing stop signs, but adding a flashing light above the intersection, similar to that at County Road 42 and Pilot Knob Road. Mr. Sandeen agreed that he though a flashing light would be safer than four-way stop signs. He also said crosswalks are not painted on roads unless there are walkways leading up to them. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1980 Page 3 MOTION: of Holton, seconded by Savanick, amending ResolUtion No. 1980- AMEND RES. 70 by requesting Dakota County to install a four-way flasher at 1980-70 the intersection of Cedar Avenue and County Road 38. Ayes - 5 - Nays - 0. The Council discussed a pathway along County Road 38. Councilmember Savanick suggested adding bituminous along the shoulder of the road if a pathway could not be built. Mr. Sandeen said that possibly could be done, but he prefers separating pedestrians and bi- cycles from the other traffic. Ruth King suggested constructing the pathway in two parts if the entire pathway could not be done at one time; constructing the portion from Cedar Avenue to Garden View Drive first. Vote was taken on the motion adopting Resolution No. 1980-70, as amended and adopting Resolution No. 1980-71. Ayes - 5 - Nays - 0. Councilmember Savanick read a press release concerning an assault in Redwood Park North on June 1, 1980, and said she would like the Council to consider installing street lights in all of North Apple Valley. Mayor Garrison said the Council might want to consider reviewing all the areas of the City that do not now have street lights. John Clark said there are two electric poles in Redwood Park North now and asked to have lights installed on those poles now. Councilmember Holton said the discussion on lighting is really two different problems, security lighting in parks and street lighting. Mrs. Erickson said street lights are needed and she believes the neighborhood in North Apple Valley will support them. Mr. Asleson said the cost for installing street lights in areas with underground electric service can be determined from those being installed in Greenleaf 1st Addition. North Apple Valley has above ground electric service and the Council could get a report on in- stalling street lights in that area. This information could be used to determine the costs of street lights in the areas of the City that do not now have street lights. MOTION: of Overgard, seconded by Savanick, requesting Dakota Electric to PRELIM. REPORT prepare a preliminary report on the cost of street lights and in- STREET LIGHTS stallation in North Apple Valley~ Ayes - 5 - Nays - 0. Mr. Clark said a retaining wall around the play area in Redwood North Park is made of very tall poles which obstruct the view into the play area and could else be dangerous to small children who climb on the poles. He asked if the poles could be cut down to a lower height. The Mayor asked the Park Director to review this area and take any appropriate action. Mayor Garrison asked why the Urban Affairs Committee had recommended an ordinance on fireworks? Mr. Asleson said State law prohibits using fireworks but does not prohibit possession of fireworks, this ordinance would prohibit possession of fireworks in the City. MOTION: of Savanick, seconded by Kelly, passing Ordinance No. 240 pro- hibiting possession of fireworks in the City and adopting Min- nesota Statutes, Sections 624.20 to 624.25, related to using fireworks. Ayes - 5 - Nays - 0. ORD. NO. 240 FIREWORKS Gloria Deters, of the Urban Affairs Committee, was present and said the Committee re- commends an ordinance prohibiting leaving keys in vehicles to assist in reduction of CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1980 Page 5 motor vehicle thefts. Councilmember Kelly said, if the ordinance is passed, warning tickets should not be issued, just regular tickets to violators. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 241 regu- ORD. NO. 241 lating the leaving of keys in vehicles. KEYS IN VEHICLE The Council discussed informing the public of the ordinance before making it effective and setting the effective date later this year. William Jacobson was present and said he questions the City becoming involved in this type of regulation. He said if this law is necessary, it should become part of the State Traffic regulations rather than a City ordinance. MOTION: The motion and second agreed to amend the ordinance by making its ef- fective date November 1, 1980. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. of Holton, seconded by Garrison, passing Ordinance No. 242 regulat- ing activities in park areas as written in the June 4, 1980 draft except paragraph 3.0 is deleted and the language for paragraph 3.G shall be as stated in the June 9, 1980 draft. Ayes - 5 - Nays - 0. ORD. NO. 242 PARK RULES PARKING ORDINANCE DISCUSSION The Council reviewed a proposed amendment to the parking ordinance for the purpose of alleviating hardship parking problems and parking for overnight guests. Mrs. Erickson said this would cause too many exceptions to the ordinance and defeat the purpose of the original ordinance. Mr. Asleson asked the Council to temporarily table discussion on this so he could review some items with the City Attorney. William Jacobson said the ordinance is not necessary Mayor Garrison said if the ordinance is defeated in court, he will make a motion to rescind the ordinance. MOTION: MOTION: of Overgard, seconded by Holton, adopting Resolution No. 1980-72 approving plans and specifications for Project 80-2(2), Apple Valley East 5th and Kerry Additions Streets, and authorizing ad- vertisement for bids to be received at 2:00 p.m. on July 3, 1980. Ayes - 5 - Nays - 0. of Overgard, seconded by Holton, adopting Resolution No. 1980-73 approving plans and specifications for Project 80-5, Johnny Cake Ridge Road widening, and authorizing advertisement for bids to be received at 2:00 p.m. on July 10, 1980. Ayes - 5 - Nays - 0. RES. 1980-72- PROJ. 80-2(2) BID ADV, RES. 1980-73 PROJ. 80-5 BID ADV. BELL & MILOS PARK COM. RESIGNATIONS SUSPEND APPT. RULES MOTION: of Overgard, seconded by Kelly, accepting the resignations of Joseph Bell and Ellen Milos from the Park Committee and directing that letters of appreciation for their work to be sent to them. Ayes - 5 - Nays - O. MOTION: of Overgard, seconded by Kelly, suspending the rules for appoint- ments to commissions .and committees under Resolution No. 1979-199. Ayes - 4 - Nays - 1 (Holton). Councilmember Kelly left the room at this time. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1980 Page 6 MOTION: of Overgard, seconded by Garrison, appointing Denis LaComb to APPT. LACOMB the Park Committee and removing him from the Cable TV Commission.PARK COM. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Overgard, appointing Rita Gutenkauf to APPT. GUTENKAUF the Park Committee. Ayes - 4 - Nays - 0. PARK COM. MOTION: of Savanick, seconded by Overgard, approving hiring parttime and seasonal employees as listed on the memos dated June 6 and June 9, 1980, from Michael Bassett. Ayes - 4 - Nays - 0. HIRE PARTTIME EMPLOYEES Councilmember Kelly returned to the room at this time. The Council reviewed an article for the "Council Table" newsletter on the golf course. Mayor Garrison and Councilmember Holton said a questionnaire should not be included because the results would be inconclusive and only advisory. Councilmember Overgard said the questionnaire would only be asking for public opinion and would give everyone a chance to respond and should be included. MOTION: of Overgard, seconded by Kelly, approving the narrative portion "COUNCIL TABLE" of Draft No. 2 on the golf course for inclusion in the "Council GOLF COURSE Table" newsletter. ARTICLE MOTION: of Garrison, seconded by Overgard, amending the above motion by adding a sixth option to the narrative; pursuing the possibil- ity of leasing the course to a private operator. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by 0vergard, amending the motion by including an explanation that in Item 2, Debt Service, approximately one- third of the amount is an investment in the land. Ayes - 4 - Nays - 0 (Savanick). Vote was taken on the original motion as amended. Ayes - 3 - Nays - 2 (Holton and Savanick). MOTION: of Overgard, seconded by Kelly, approving the questionnaire on page 9 of the draft for inclusion in the "Council Table" newslet- ter and adding an "Undecided" column, a lease option and removing the word "optional" after name and address. Ayes - 3 - Nays - 2 (Holton and Garrison). Councilmember Savanick read a notice she received with her statement for refuse service concerning curbside refuse pickups. The Council agreed no action should be taken at this time. Mr. Asleson said he and the City Attorney had checked State law regarding parking on the streets during snow removal operations and could not find any such regulations. MOTION: of Holton, seconded by Garrison, passing Ordinance No. 243, a- ORD. NO. 243 mending Ordinances 197 and 233, by permitting occupants of a PARKING residence to park vehicles in front of that residence where AMENDMENT there is not space available to park a vehicle in the driveway of that residence. Said driveway space shall be used to park the maximum number of vehicles possible without permitting said vehicle to extend into the sidewalk area. CITY OF APPLE VALLEY Dakota County, Minnesota June 9, 1980 Page 7 Councilmember Savanick asked if there are any State Laws requiring streets to be a certain width for driving or prohibiting parking in front of mailboxes. Mr. Sheldon said he did not know of any such laws. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Kelly and Savanick). MOTION: of Overgard, seconded by Kelly, to pay the claims and bills, checks numbers 9036 through 9038 and 17778 through 17884, in the total amount of $999,593.32. Ayes - 5 - Nays - 0. MOTION: of Kelly, seconded by 0vergard, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:45 o'clock p.m. CLAIMS & BILLS