Loading...
HomeMy WebLinkAbout04/08/1999CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 8th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Roland ; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Bauer, City Engineer Gordon, Natural Resources Coordinator Colleran, Assistant to the City Administrator Grawe, Assistant Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Administrative Intern Pederson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, approving all items on the c onsent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the meeting of March 25th, 1999, as corrected on page 10. Ayes - 4 - Nays - 0 (Grendahl Abstained). Resolution No. 1999-63 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of a 1986 Toyota Corolla automobile from Christopher H. Howells for use by the Fire Department in its training activities. Ayes - 5 - Nays - 0. Resolution No. 1999-64 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Southview Elementary CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1999 Page 2 PTO, for a raffle, at Southview Elementary School, on May 21, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving information on weather warning activities and drills which will be conducted during “Tornado Awareness Week”, April 19-23, 1999, as described in Police Captain Lohse’s memo dated April 5, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-65 MOTION: of Grendahl, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on May 13, 1999, on the application of Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, for On-Sale Wine and Beer Licenses, on part of Lot, Block 1, Apple Valley Square 5th Addition. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, setting a public hearing, at 8:00 p.m., on May 13, 1999, on the application of Checks Cashed of America, LLC. d/b/a Money Xchange, for a Currency Exchange License to be issued by the Minnesota Department of Commerce, for a business at 15100 Cedar Avenue, Suite 202. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, setting a public hearing, at 8:00 p.m., on May 27, 1999, on an ordinance amending Chapter 12 of the City Code by regulating the sale, possession, and use of tobacco, tobacco products, and tobacco related devices. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, setting the sale of unclaimed and surplus property for May 6, 1999, at 6:00 p.m.; and approving a Contract for Services with Schlegel Auction Company to conduct the sale, as described in the Human Resources Manager’s memo dated April 8, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-66 MOTION: of Grendahl, seconded by Sterling, adopting approving an amendment to the Land Use Map of the Comprehensive Guide Plan for Pahl’s Garden Lots (Haight Apartments), from a designation of “MD” and “PK” to “HD”(High Density Residential) as approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Ordinance No. 659 MOTION: of Grendahl, seconded by Sterling, passing rezoning Pahl’s Garden Lots (Haight Apartments) in Section 34, at the northeast corner of 157th Street and Galaxie Avenue, from Agriculture to M-8B (Multiple Family 12-24 units/acre), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1999 Page 3 Resolution No. 1999-67 MOTION: of G rendahl, seconded by Sterling, adopting approving a Conditional Use Permit for a four-story multiple family building on Lot 1, Block 1, Pahl’s Garden Lots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-68 MOTION: of Grendahl, seconded by Sterling, adopting approving the final plat and Subdivision Agreement for Pahl’s Garden Lots and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seco nded by Sterling, authorizing issuance of a Natural Resources Management Permit for grading activities in Pahl’s Garden Lots as recommended in the Assistant Planner’s memo dated April 5, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving release of subdivision financial guarantees for: Cedar Isle Estates 2nd, from $2,204.00 to 0; and Cedar Isle Estates 4th, from $750.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Traffic Signal Agreement No. 99-03 with Dakota County for signals on County Road 38 (McAndrews Road), at the intersections of Garden View Drive and Pennock Avenue, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-69 MOTION: of Grendahl, seconded by Sterling, adopting prohibiting parking on both sides of County Road 33 (Diamond Path) between County Road 42 and County Road 46. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Orders No. 8 and No. 10, in the amounts of a $39,624.00 deduction and a $16,473.00 addition, to the contract with E & H Earthmovers, Inc., and School District 196 for site work at the Outdoor Family Aquatic Center, and authorizing the Mayor and Clerk to sign a letter of understanding authorizing the work. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving contracting with Aqua Logic to supply a water management program for the Outdoor Family Aquatic Center for the 1999 swim season, as described in the Park & Recreation Director’s memo dated April 5, 1999, and authorizing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement with Remote Effects Systems, Inc., for providing a 4th of July fireworks display, as attached to the City Clerk’s memo dated April 5, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1999 Page 4 MOTION: of Grendahl, seconded by Sterling, approving renewal of the Agreement with Frontier Communications for Centrex telephone service at City facilities, for a three-year period, as attached to the City Clerk’s memo dated April 5, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving information on the Volunteer Recognition Reception scheduled for 7:30 p.m., on April 22, 1999, as described in the City Clerk’s memo dated April 5, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hi ring the part-time and seasonal employees as listed in the Personnel Report dated April 8th, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ISD 196 CAREER DEVELOPMENT PROGRAM Kathy Funston, Career Development Coordinator at Independent School District 196, was present to report on the School-to-Work Career Development Program. The program was initiated for students to develop skills they will need in the changing workplace. It offers career awareness and exploration, planning for career goals, and integration of academic curriculum. The program is a partnership of Dakota County educators, business leaders, and community organization representatives funded by a grant for a five-year period. In-school courses are offered to juniors and seniors at all District high schools. Ms. Funston distributed literature describing the course offerings and invited anyone who would like more information to contact her at the School District’s office. WETLAND HEALTH EVALUATION PROGRAM Dan Bale, Team Leader for the Wetland Health Evaluation Program, was present and reported on the 1998 wetland monitoring project. The study was undertaken to determine whether volunteers could effectively collect data that could be used by decision makers and be relevant. In Dakota County, 32 wetlands were surveyed by eight teams under a two-year grant. Four sites in Apple Valley were surveyed. Mr. Bale described the process whereby vegetation and invertebrates in the wetlands were sampled separately by the volunteers and by professionals. The data was analyzed by BRW consultants and showed very similar results from the samplings. Jim Perkett and Nick Sawka, who were volunteers in the 1998 program, were also present. Jo Colleran, Natural Resources Coordinator, said a report of the 1998 monitoring is available from her. Council approval is requested to continue participation in 1999. MOTION: of Goodwin, seconded by Grendahl, approving participation in the Dakota County Wetland Health Evaluation Project for 1999 as described in the Natural Resources Coordinator’s memo dated April 5, 1999. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1999 Page 5 CABLE TELEVISION FRANCHISE Mr. Grawe reviewed the proposed transfer of the cable television franchise from Marcus Cable Partners to Vulcan Cable, Inc., as detailed in his memo dated April 5, 1999. The proposal was reviewed by the City’s cable attorney and the Telecommunications Advisory Committee who recommend approval. Tom Creighton, the City’s attorney; and Rollie Bible, Dale Rodell, Jerry Brown, and Dave Westbrook, committee members; were present. Councilmember Erickson asked when internet access will be offered via cable? Rob Roeder, District Manager for Marcus, was present and said it is in the alpha testing stage now. Full deployment will not be made until beta testing is completed. Resolution No. 1999-70 MOTION: of Erickson, seconded by Sterling, adopting consenting to the transfer of control of and certain ownership interests in the Apple Valley cable television franchise by Marcus Cable Partners, LLC, to Vulcan Cable, Inc., with conditions as recommended by the Telecommunications Advisory Committee. Ayes - 5 - Nays - 0. Mr. Grawe gave the first reading of an ordinance replacing Article C2 of the City Code by granting a new 15-year franchise to Metro Cable Partners, LLC. The nonexclusive franchise incorporates changes in Federal law and cable technologies since 1984, when the last franchise was granted, as described in his memo dated April 5, 1999. The new franchise relieves Marcus of the responsibility for public, educational, and governmental (PEG) access. The City will be responsible for providing the community programming it deems necessary. As allowed by law, Marcus will charge $.25 per month per subscriber which will be paid to the City for the service. The company will also provide a $90,000 capital grant for startup costs. This will be recovered by an additional $.25 fee for approximately three years. The intent is to work jointly with Farmington and Rosemount on programming. Councilmember Grendahl expressed concern about raising cable rates by $.50 as a hidden tax and asked if any studies have been done on who watches the community access channels. She stated that if there is a need for it as a public service, it should be included in the general fund. Mr. Creighton said the State requires that the channels be provided and the Federal government provides for the PEG fee. It is not hidden, but is itemized on the cable bill and paid only by those subscribing to cable. The $.25 fee proposed for Apple Valley is the lowest in the seven-county Metro area. Councilmember Erickson asked when the City would take over public access and how citizens would have their programming shown? Mr. Creighton said the City will take over when the ordinance is approved. The company will still be responsible for playing tapes brought in by CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1999 Page 6 citizens. If the City determines it wants to provide production of programming, that will be a separate issue and does not need to be done at the time it takes over. The Council accepted the first reading of the ordinance. The second reading will be scheduled for April 22, 1999. COMMUNICATIONS & CALENDAR The Council received a memo dated April 5, 1999, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Erickson, to pay the claims and bills, check registers dated March 31, 1999, in the amount of $1,145,809.52; and April 7, 1999, in the amount of $1,517,381.60. Ayes - 5 - Nays - 0. The meeting was declared adjourned at 9:18 o’clock p.m.