HomeMy WebLinkAbout02/12/1998CITY OF APPLE VALLEY
Dakota County, Minnesota
February 12, 1998
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held February 12th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Humph rey; Councilmembers Erickson, Goodwin, Grendahl, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney
Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the Administrator Grawe,
Building Official Hanson, Park & Recreation Director Johnson, Community Development
Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and
Police Chief Willow.
Mayor Humphrey called the meeting to order at 8:00 p.m. The Councilmembers and everyone in
attendance took part in the pledge of allegiance to the flag led by members of Boy Scout Troop
205.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as
presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item
not on this meeting’s agenda. Rick Campins, 14269 Guthrie Avenue, commented on the request
by School District 196 for the Economic Development Authority to issue bonds for financing two
stadiums. He asked what the Council’s opinion is on the residents’ request for an environmental
study of the Apple Valley High School site? Mr. Gretz said the City has not formally received
such a request yet, however, it will be addressed as required.
CONSENT AGENDA
MOTION: of Goodwin, seconded by Sterling, approving all items on the consent agenda with
no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, second ed by Sterling, approving the minutes of the regular meeting of
January 8th, 1998, as written. Ayes - 5 - Nays - 0.
Resolution No. 1998-22
MOTION: of Goodwin, seconded by Sterling, adopting approving
an Application for Exemption from Lawful Gambling License for National Wild
Turkey Federation, Dakota Strutters of Minnesota Chapter, 1776 for an event at
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 12, 1998
Page 2
American Legion Post 1776, on March 13, 1998, and waiving any waiting period
for State Gambling Board approval. Ayes - 5 - Nays - 0.
Resolution No. 1998-23
MOTION: of Goodwin, seconded by Sterling, adopting approving
an Application for Exemption from Lawful Gambling License for Dakota County
40 & 8 Voiture 1457, for an event at American Legion Post 1776, on March 17,
1998, and waiving any waiting period for State Gambling Board approval. Ayes -
5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving renewal of various licenses and
permits for 1998 as listed in the City Clerk’s memo dated February 9, 1998. Ayes
- 5 - Nays - 0.
Resolution No. 1998-24
MOTION: of Goodwi n, seconded by Sterling, adopting supporting
implementation of a County-wide business recognition program for acknowledging
recycling efforts. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving a Conservation Partnership Grant
Agreement with the State of Minnesota for the Lake Alimagnet Water Quality
Improvement Plan, in the amount of $6,600.00, and authorizing the Mayor and
Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling , approving a Joint Powers Agreement with the
Cities of Eagan, Mendota Heights, and Rosemount, for use of Fire Department
TSI Portacount Equipment for testing self-contained breathing apparatus, and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, setting a public hearing, at 7:00 p.m., on March
4, 1998, for the Planning Commission to consider rezoning property on the
southwest corner of 147th Street and Pilot Knob Road, from Agriculture to
Business Park, as described in the Community Development Director’s memo
dated February 9, 1998. Ayes - 5 - Nays - 0.
Resolution No. 1998-25
MOTION: of Goodwin, seconded by Sterling, adopting approving
the final plat of The Oaks of Apple Valley V (replat of Lots 1 and 2, Block 7, The
Oaks of Apple Valley II) and waiving the requirement for subdivision agreement.
Ayes - 5 - Nays - 0.
Resolution No. 1998-26
MOTION: of Goodwin, seconded by Sterling, adopting authorizing
issuance of a building permit for the transit hub building on Lot 1, Block 2, Carroll
Center 4th Addition, with conditions as recommended by the Planning
Commission. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 12, 1998
Page 3
MOTION: of Goodwin, seconded by Sterling, approving reduction of subdivision guarantees
for Williamsburg III, from $31,400.00 to 0, and for Diamond Path Townhomes II,
from $13,250.00 to $12,550.00. Ayes - 5 - Nays - 0.
Resolution No. 1998-27
MOTION: of Goodwin, seconded by Sterling, adopting designating
147th Street, between County Road 42 and Pennock Avenue; and Garden View
Drive, between County Road 42 and County Road 46; as Municipal State Aid
Streets. Ayes - 5 - Nays - 0.
Resolution No. 1998-28
MOTION: of Goodwin, seconded by Sterling, adopting directing the
City Engineer to prepare plans and specifications for Project 98-546, Regatta 2nd
Addition Utility and Street Improvements. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 2 to the contract
with System Control Services for Project 94-449, Sanitary Sewer Lift Station
SCADA System, in the amount of an additional $1,580.00. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 2 to the contract
with Arcon Construction for Project 97-525, High School No. 4 Phase 2 Utilities,
in the amount of an additional $18,927.31. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 3 to the contract
with CECA Utilities for Project 97-530, Cedar Isle Village Homes 6th Addition
Utility and Street Improvements, in the amount of an additional $11,472.50. Ayes
- 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract
with Northdale Construction for Project 97-532, Regatta Utility and Street
Improvements, in the amount of an additional $11,546.05. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract
with Erickson Construction for Project 97-545, Cedar Isle Village Homes Utility
and Street Improvements, in the amount of an additional $32,515.51. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Sterling, accepting Project 94-449, Sanitary Sewer Lift
Station SCADA System, as final and approving final payment on the contract with
System Control Services, in the amount of $20,756.55. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, accepting Project 97-525, High School No. 4
Phase 2 Utilities, as final and approving final payment on the contract with Arcon
Construction, in the amount of $39,793.02. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 12, 1998
Page 4
Resolution No. 1998-29
MOTION: of Goodwin, seconded by Sterling, adopting awarding
the contract for an Outdoor Rink Maintenance/Street Flusher Truck to Sweeney
Brothers Tractor, Inc., the low bidder, in the amount of $96,510.30. Ayes - 5 -
Nays - 0.
Resolution No. 1998-30
MOTION: of Goodwin, seconded by Sterling, adopting authorizing
installation of stop signs on Lower 147th Street and on Hallmark Drive at their
intersections with Haven Drive. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving a policy limiting use of non-resident
season passes at Valleywood Golf Course to the period Monday through Thursday
only beginning in 1999 as described in the Park & Recreation Director’s memo
dated February 6, 1998. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, authorizing application to the POST Board
Educational Opportunities Fund for a grant covering the cost of skills coursework
for a new police officer as described in the Human Resources Manager’s memo
dated February 12, 1998. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving promotion of Jo Colleran to the
position of Natural Resources Coordinator as listed in the Personnel Report dated
February 12, 1998. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving promotion of Neal Heuer to the
position of Assistant Public Works Director as listed in the Personnel Report dated
February 12, 1998. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving hiring Leanne Renteria for the
position of Police Officer as listed in the Personnel Report dated February 12,
1998. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving hiring the seasonal employees as
listed in the Personnel Report dated February 12, 1998. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
EASEMENT VACATION - VALLEY COMMERCIAL PARK 4TH ADDITION
Mayor Humphrey called the public hearing to order, at 8:07 p.m., to consider vacation of
easements on Lots 2 and 3, Block 1, Valley Commercial Park 4th Addition; and noted receipt of
the affidavit of publication of the hearing notice. Ms. Bodmer reviewed the request to vacate the
easements to allow the line between the two lots to be shifted and a new plat recorded. The lots
are under the same ownership and a dental clinic is being constructed on one lot. The Mayor
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 12, 1998
Page 5
asked for questions or comments from the Council and the public. There were none and the
hearing was declared closed at 8:09 p.m.
Resolution No. 1998-31
MOTION: of Eri ckson, seconded by Grendahl, adopting completing
vacation of drainage and utility vacating easements on Lots 2 and 3, Block 1,
Valley Commercial Park 4th Addition; and authorizing recording of the necessary
documents. Ayes - 5 - Nays - 0.
Resolution No. 1998-32
MOTION: of Grendahl, seconded by Erickson, adopting approving
the final plat of Wakefield Addition (replat of Lots 2 and 3, Block 1, Valley
Commercial Park 4th Addition) and waiving the requirement for a subdivision
agreement. Ayes - 5 - Nays - 0.
PROJECT 98-469 - PUBLIC HEARING
Mayor Humphrey called the public hearing to order, at 8:10 p.m., to consider Project 98-469,
147th Street and Pennock Area Utility, Street, and Signalization Improvements, and noted receipt
of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary
engineering report, dated January 2, 1998. The project includes improvements for the Walmart
development; new traffic signals at the intersections of 147th and 149th Streets with Pennock
Avenue; signal modifications at County Road 42 and Pennock Avenue; and channelization islands
at the intersections of Haven Drive and Guthrie Avenue with 147th Street. The Mayor asked for
questions or comments from the Council and the public. There were none and the hearing was
declared closed at 8:14 p.m. No action was taken on ordering the project at this time.
BURNSVILLE SKATEBOARD PARK
Mr. Johnson reviewed the request from the City of Burnsville for funding assistance with
construction of a skateboard park as described in the memo dated February 2, 1998.
Councilmember Grendahl asked if this would be the last of Apple Valley’s commitment to the
project? Mr. Johnson said he believes Burnsville is close to reaching the funding needed.
Councilmember Sterling noted Apple Valley has already provided in kind assistance and asked if
there is any liability in making a contribution? Mr. Sheldon said payment could be made to the
City of Burnsville which already is insured. He understands the nonprofit organization involved
will also be providing insurance.
MOTION: of Goodwin, seconded by Sterling, authorizing payment of $500.00 to the City of
Burnsville for its skateboard park provided this is the final contribution from Apple
Valley for the project. Ayes - 5 - Nays - 0.
COUNTY ROAD 42 CORRIDOR STUDY
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 12, 1998
Page 6
Mr. Kelley, who is a member of the Technical Advisory Committee for the County Road 42
Corridor Study, commented on a public open house scheduled for February 26, 1998, on the
Study. It will be held at the Western Service Center, from 5:00 to 8:00 p.m. One of the concepts
being discussed will be an update on alternative routes, parallel to County Road 42, to provide
new connections among neighborhoods, commercial areas, and communities. They hope to
complete the study by May of this year. Mayor Humphrey said discussion of alternative routes
should include funding assistance from the County for construction.
PILOT KNOB ROAD CONSTRUCTION PLANS
Councilmember Erickson asked about feedback from the February 9th open house on Pilot Knob
Road construction? Mr. Miranowski said he attended the meeting and the plans were generally
well received. Residents in the Walnut Hill/White Oak Ridge area expressed concern about
access to parks since a pathway is not proposed for the west side of the road and that issue will be
reviewed. Construction is now scheduled for 1999.
TWIN CITY TRANSITWAYS
Mayor Humphrey commented on the State bonding bill for transit-related improvements as
described in the memo dated February 2, 1998. The Metropolitan Council proposal for
transitway study funding includes a study of the Cedar Avenue corridor to terminate in Apple
Valley. Both the Metropolitan Council Transportation Advisory Board and 35W Solutions
Alliance will be following the legislation.
ELECTION PRECINCT AMENDMENTS
The City Clerk reviewed proposed precinct boundary adjustments as described in her memo,
dated February 9, 1998. The boundary changes affect precincts 8, 9, 11, and 12 with the addition
of a new precinct 13. The polling place for precinct 1 will also be moved from Southview
Elementary School to Apple Valley Baptist Church.
Resolution No. 1998-33
MOTION: of Erickson, seconded by Grendahl, adopting amending
election precinct boundaries and establishing polling places, as listed in the
resolution, effective until subsequent amendment. Ayes - 5 - Nays - 0.
INDIVIDUAL SEWAGE TREATMENT SYSTEMS REGULATIONS
Mr. Hanson gave the first reading of an ordinance amending Chapter 6 of the City Code by
repealing the old and establishing new regulations for individual sewage treatment systems (ISTS)
in the City. The new regulations are required by state law and govern location, installation, use,
and maintenance of the septic systems. There are currently 109 such systems functioning in the
City. The Council accepted the first reading; the second reading will be scheduled for February
26, 1998.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 12, 1998
Page 7
SEASONAL RECREATION WORKERS OVERTIME EXEMPTION
Ms. Margarit gave the first reading of an ordinance amending City Code Section 16-13(i) by
exempting seasonal employees at recreational facilities from eligibility for overtime pay until they
have worked 48 hours in a week. The provision would allow more flexibility in scheduling and
allow seasonal workers additional work hours. The Council accepted the first reading; the second
reading will be scheduled for February 26, 1998.
ECONOMIC GROWTH PARTNERSHIP COMMITTEE
MOTION: of Goodwin, seconded by Erickson, approving the Agreement with the Apple
Valley Chamber of Commerce to Reconfirm the Apple Valley Economic Growth
Partnership Committee for another two years, through February 10, 2000, and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Grendahl, reappointing Councilmember Sterling to the
Apple Valley Economic Growth Partnership Committee for a three-year term
expiring February 10, 2001. Ayes - 5 - Nays - 0.
CLAIMS AND BILLS
MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers
dated January 14, 1998, in the amount of $2,339,562.96; January 21, 1998, in the
amount of $2,504,583.98; January 28, 1998, in the amount of $5,426,939.74;
February 4, 1998, in the amount of $2,096,070.00; and February 11, 1998, in the
amount of $1,595,195.51. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:53 o’clock p.m.