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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.