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HomeMy WebLinkAbout09/27/1979CITY OF APPLE VALLEY Dakota County, Minnesota September 27,1979 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 27th, 1979, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Holton, Kelly, Overgard 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 Holton, seconded by Savanick, approving the agenda for tonight's APPROVE AGENDA meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Holton, approving the minutes of the meeting of September 13th, 1979, as written. Ayes - 4 - Nays - 0 (Overgard Abstained). SEPT. 13, 1979 MINUTES SEPT. 20, 1979 MINUTES CONSENT AGENDA DIAMOND PATH 6TH AGREEMENT SWEET ACCESSORY BLDG. VARIANCE DeGIDIO WAIVER OF PLATTING MOTION: of Holton, seconded by Kelly, approving the minutes of the special meeting of September 20th, 1979, as written. Ayes - 4 - Nays - 0. (Overgard Abstained). MOTION: of Holton, seconded by Savanick, approving all items on the con- sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, approving an agreement with Apple Valley Development, Inc., and Trans Union Land Development for common area improvements in Diamond Path 6th Addition subject to receipt of a bond for $387,500 and authorizing the Mayor and Clerk to sign the agreement. Ayes 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, granting a variance for a 1,800 square foot accessory storage building for Joseph Sweet at 13505 Galaxie Avenue as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, granting a waiver of platting for Jerome DeGidio at 12989 Diamond Path West to divide the property into two parcels as recommended by the Planning Commission. Ayes - 5 - Nays - 0~ MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1979-146 approving a Community Development Block Grant Program 1980 Joint Cooperation Agreement with Dakota County and authorizing the Mayor and Clerk to sign it. Ayes - 5 - Nays - 0. RES. 1979-146 DAK. CO. BLOCK GRANT AGREEMENO MOTION: of Holton, seconded by Savanick, approving a change order to the CHANGE ORDER TO contract with McNamara-Vivant Contracting for the City-County 140th 140TH STREET Street construction project of an additional $2,366.06. Ayes - 5 CONTRACT - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 27, 1979 Page 2 MOTION: of Holton, seconded by Savanick, that the City Administrator is hereby authorized to notify the City of Farmington, in writing, that Apple Valley shall consider the March 9, 1978, Agreement between the City of Farmington and the City of Apple Valley re- lated to building inspection services, terminated on January 1, 1980. Ayes - 5 - Nays - O. TERMINATE FARMINGTON BLDG. INSP. AGREEMENT ROSLAND FALL GOLF WORKSHOP HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Savanick~ authorizing Rusty Rosland to attend the National Golf Foundation fall workshop in Chicago, Illinois, November 11 to 14, 1979. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring parttime em- ployees in the recreation, swirmning and ice arena programs as listed on the memo from Michael Bassett dated September 24, 1979. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring Janet Obre- HIRE OBREGON gon for the position of Police Dispatcher effective September 18, DISPATCHER 1979, on a permanent parttime basis at a salary of $4.65 per hour. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Kelly, setting a special Council meeting on October 4th, 1979, at 1:00 p.m. to adopt the 1980 budgets, adopt the 1979 tax levy and conduct other business. Ayes - 5 - Nays - O. SET SPECIAL MEETING SET INFORMAL MEETING MOTION: of Overgard, seconded by Savanick, setting an informal meeting of the City Council for November 14th, 1979, at 7:00 p.m., the purpose of the meeting being to meet with the Planning Commis- sion to review the text of the Comprehensive Plan. Ayes - 5 - Nays - 0. Consideration of the proposed Forest Green subdivision was tabled. Ernest Partaker, of Trans Union Land Development~ was present and reviewed the proposal for Diamond Path 8th Addition. The proposed plat is located on the northeast corner of the intersection of Pilot Knob Road and County Road 42. It will contain four apartment buildings with 360 apartment units and 360 underground garage parking spaces. There will be an additional 570 outdoor parking spaces and the plat contains approximately 30 acres. The apartments will be three-story buildings and Wensmann Homes will be the builder. MOTION: of Holton~ seconded by Overgard, approving the preliminary plat DIAMOND PATH of Diamond Path 8th Addition as recommended by the Planning Com- 8TH PRELIM. mission and directing staff to prepare a development agreement. PLAT Ayes - 5 - Nays - 0. Mr. Partaker said this is the last phase of the Trans Union development and completes the total 320-acre plan. He thanked the Council for working with him and his company. Mr. Asleson said the City Attorney has reviewed the draft of the specifications for taking bids on towing and impoundment of vehicles and has made some suggested wording changes that do not change the meaning of any items in the specifications. Council- CITY OF APPLE VALLEY Dakota County, Minnesota September 27, 1979 Page 3 member Holton questioned the requirement for two-way radios in the towing vehicles. The Council discussed this and agreed the requirement was necessary. MOTION: of Garrison, seconded by Kelly, directing staff to review the REVIEW TOWING specifications with service station operators for their comments SPECIFICATIONS and consider approval of the specifications at the October 11, 1979 meeting. Ayes - 5 - Nays - 0. Dick Tuthill commented on the administrative fee to be collected by the City on vehicles towed and said the City could be exposing itself to criticism from the public for pos- sibly increasing the costs of towing. Mayor Garrison said the City will be providing storage space for towed vehicles and the fee will help cover that cost. Mr. Asleson said with any towing the City incurs administrative costs and in this way the vehicles towed will be paying the costs rather than passing them on to the general public. He also said the ordinance and specifications are modeled after the City of St. Louis Park's. John Gretz reviewed a proposed amendment to the MACRO Planned Development Agreement to permit gasoline sales at the PDQ Store on Pilot Knob Road and Essex Avenue. He said only B-1 uses are permitted and the amendment to the Agreement would be required to allow this. Jim Shelton, of PDQ Stores, was present and said they would be installing one gasoline pump island with two pumps on it. Ron Hughes, of the Planning Commission, was present and said that Planning Commission has recommended approval. Larry Goerger, of the Apple Valley Clark Station, said creating a new gas outlet with an allocation does not create a new gas supply. He waid only a certain amount of gaso- line is allocated to a region and by increasing the number of outlets in a region, the same total allocation is redistributed to the outlets. Don Krueger, of Apple Valley Standard, read a statement from the Apple Valley service station operators opposing PDQ gasoline sales and asking that this be tabled for 60 days to give them a chance to review it further. The Mayor said 60 days was probably too long and suggested tabling it for 30 days. Rosie Lipke, 13447 Florida Court, commented on accessability of gas stations in the City and said a place for gasoline sales is needed in the eastern part of the City. John Yeager, of Mobil, said a full service station is needed in the eastern part of the City and if PDQ is allowed to sell gasoline, this will delay ever having a full service station there. MOTION: of Kelly, seconded by Overgard, tabling consideration of the amend- TABLE PDQ GAS ment allowing PDQ to sell gasoline for 30 days for staff, the City PUMP AMENDMENT service station operators and Mr. Shelton to discuss it further. Ayes - 3 - Nays - 2 (Holton and Savanick). Councilmember Overgard asked the service station operators to review the feasibility of a full service gas station at 140th Street and Pilot Knob Road also. John Gretz reviewed plans for 16 townhouse units as part of the Dakota County HRA's scattered site hoursing program located south of 142nd Street and west of Mount Olivet Assembly of God Church on Lot 2 of Block 1 in Hamlet I. Paul Swanson, of Barth Development was present to answer questions. CITY OF APPLE VALLEY Dakota County, Minnesota September 27, 1979 Page 4 MOTION: of Overgard, seconded by Kelly, approving building permits for 16 townhouse units on Lot 2 of Block 1 in Hamlet I subject to plan checks for compliance with the building code and the installation of public utilities, which will be considered by the Council on October 4, 1979. Ayes - 5 - Nays - 0. TOWNHOUSE BLDG PERMITS IN HAMLET I MOTION: of Holton, seconded by Savanick, receiving a petition for street GREENLEAF 1ST lighting improvements in Greenleaf 1st Addition from the residents STREET LIGHT and requesting Dakota Electric to prepare a preliminary engineer- REPORT ing report and cost estimates on it. Ayes - 5 - Nays - 0. MOTION: of Holton~ seconded by Savanick, naming the park at 131st and Johnny Cake Ridge Road Hagemeister Park, the park at 139th and Johnny Cake Ridge Road Moeller Park and renaming the Westview complex Hayes Field as recommended by the Park and Historical Committees. Ayes - 5 - Nays - 0. NAME 3 CITY PARKS ADOPT CRITERIA FOR NAMING PARKS MOTION: of Savanick, seconded by Overgard, adopting the Historical Com- mittee criteria for naming parks, as shown in the memo from Michael Bassett dated September 24, 1979, except the Council will retain authority for final approval of the recommended names. Ayes - 5 - Nays - 0. Marlene Romain, of the Historical Committee, said they would like to know if the Council has any recommendations on what existing parks should be renamed, if any. The Council said the Committee procedures are acceptable and if it feels a park should be renamed it can make the recommendation to the Council. MOTION: of Holton~ seconded by Kelly~ adopting Resolution No. 1979-147 related to the fulfillment of the City of its obligations as a member of LOGIS in the financing of new computer equipment. Ayes - 5 - Nays - 0. RES. 1979-147 LOGIS FINANC- ING OBLIGATION9 DENY CARROLL- WOOD PATH RECONSIDERATIO'~ MOTION: of Overgard, seconded by Kelly, to reconsider the City Council's motion of July 12, 1979, related to the proposed pathway between Lots 9 and 10 of Block 1 of Carrollwood Village Second Addition. Ayes - 1 (]Savanick) - Nays - 4. Motion Failed. Mayor Garrison reviewed the history and past considerations of a sidewalk snow shoveling ordinance. MOTION: of Holton, seconded by Savanick, passing Ordinance No. re- SIDEWALK SNOW quiring snow and ice to be removed from sidewalks within 48 hours, SHOVELING except sidewalks on stub streets or sides of stub streets where no houses face. City Attorney Jim Sheldon suggested that the Council could pass an ordinance making it a public nuisance to have a sidewalk which is unsafe for public passage; this would not necessarily require all sidewalks to be shoveled~ but they would have to be maintained to be safe for public passage. The motion and second withdrew and said they would like to consider this at the next meeting. CITY OF APPLE VALLEY Dakota County, Minnesota September 27, 1979 Page 5 Rosie Lipke, 13447 Florida Court, asked if the police could patrol streets where children walk to school first or more often to make sure sidewalks are shoveled? Council discussed possible enforcement of such a public nuisance ordinance. The MOTION: of Holton, seconded by Savanick, directing the City Attorney to draft an ordinance making it a public nuisance to have a side- walk in a condition unsafe for public passage for consideration at the next meeting. Ayes - 5 - Nays - 0. DRAFT SIDEWALK NUISANCE ORDINANCE HIRE POLICE OFFICER KALLESTAD MOTION: of Savanick, seconded by Holton, approving hiring Kevin Kalle- stad for the position of Police Officer effective October 13, 1979, at a salary of $1,077 per month. Ayes - 5 - Nays - 0. Mayor Garrison asked the newspaper reporters to write an article reminding property- owners that the special assessments levied on September 13, 1979, may be prepaid, without further interest, to the City by October 15, 1979. MOTION: of Savanick, seconded by Holton, to pay the claims and bills, CLAIMS AND BILLS checks numbered 8905, 8907 through 8912, 8914, 8915, 14533 through 14549, 14551 through 14594, and 14602 through 14685, in the total amount of $1,838,974.44. Ayes - 5 - Nays - 0. MOTION: of Overgard, seconded by Savnick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:24 o'clock p.m.