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HomeMy WebLinkAbout11/12/1998CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 12th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humph rey; Councilmembers Erickson, Goodwin, and Sterling. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Police Captain Erickson, Assistant to the City Administrator Grawe, Assistant Public Works Director Heuer, Assistant Planner Lovelace, Human Resources Manager Margarit, and Public Works Director Miranowski. Mayor Humphrey 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 Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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. John Bergman, 14691 Guthrie Avenue, candidate for City Council, congratulated Councilmembers Erickson and Sterling on their reelection and commended them for running good campaigns. Mayor Humphrey also congratulated Mayor-elect Mary Hamann- Roland who was in attendance. JOHNNY CAKE RIDGE ROAD SAFETY CONCERNS Ed Nelson, a student at Eastview High School and resident of Eagan, expressed concern that Johnny Cake Ridge Road seems to be a dangerous road at night. He asked the Council to consider additional safety measures such as reflective paint and street lighting. He has also asked the City of Eagan to consider doing something on its portion of the road. The Mayor asked the Public Works Director to review the request and report back to the Council at its next meeting. CONSENT AGENDA MOTION: of Sterling, seconded by Goodwin, removing consideration of agreement with Terry Cook and promotion to Working Foreman position from the agenda; moving Transit Hub lease agreement to the regular agenda; and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1998 Page 2 MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of October 22nd, 1998, as written. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the minutes of the special meeting of November 5th, 1998, as written. Ayes - 3 - Nays - 0 (Humphrey abstained). MOTION: of Sterling, seconded by Goodwin, proclaiming November 15, 1998, as “America Recycles Day”, encouraging enhancement of recycling programs and buying recycled products. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, proclaiming November 22 through 29, 1998, as “Bible Week”, encouraging reading the Bible and discovering its values for personal and community life. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving ALF Ambulance’s Five-Year Plan, 2000 to 2004, planning for growth and equipment replacement needs. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of a 1998 Filling Station License to Cedar Brook Market, at 12503 Germane Avenue. Ayes - 4 - Nays - 0. Resolution No. 1998-208 MOTION: of Sterling, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on December 10, 1998, on 1999 renewal applications for on-sale liquor, wine, and 3.2 percent malt liquor or beer licenses. Ayes - 4 - Nays - 0. Resolution No. 1998-209 MOTION: of Sterling, seconded by Goodwin, adopting authorizing the City Administrator to dispatch and allow the use of City personnel and equipment outside of the City limits in emergency situations. Ayes - 4 - Nays - 0. Resolution No. 1998-210 MOTION: of Sterling, seconded by Goodwin, adopting approving transfer of $230,085.00 from the Police Relief Fund to the General Fund for 1998. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting setback variances to allow construction of an accessory building to within five feet of the rear lot line and 15 feet of the street side lot line on Lot 3, Block 3, Apple Valley (224 Pinewood Drive) as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an agreement wi th Independent School District No. 196 for sharing the cost of Traffic Signal Improvements at the CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1998 Page 3 intersection of Flagstaff Avenue and 140th Street and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1998-211 MOTION: of Sterling, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 98-816, Traffic Signal Improvements on 140th Street at Flagstaff Avenue and Johnny Cake Ridge Road. Ayes - 4 - Nays - 0. Resolution No. 1998-212 MOTION: of St erling, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 98-803, Eveleth Path Construction at County Road 38, and setting a public hearing on it, at 8:00 p.m., on December 10, 1998. Ayes - 4 - Nays - 0. Resolution No. 1998-213 MOTION: of Sterling, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 98-809, Avsur Acres Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on December 10, 1998. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving various change orders for Project 97-542, Outdoor Family Aquatic Center, in the total amount of an additional $3,743.00, as listed in the Construction Manager’s letter dated November 6, 1998. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving various change orders for the Apple Valley Community Center Gym Addition/Teen Center Building Project, in the total amount of an additional $2,863.00, and awarding a contract, in the amount of $20,900.00; as listed in the Construction Manager’s letter dated November 6, 1998. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Hunters Wood Townhomes 5th Addition, from $30,300.00 to $2,000.00; and Rodeo Hills 2nd Addition, from $24,680.00 to $6,563.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Agreement for Professional Planning Services with Sanders Wacker Bergly, Inc., for cemetery planning services, in an amount not to exceed $8,100.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving renewal of firefighters’ disability insurance through Hartford and Volunteer Firemen’s Benefit Association as described in the Human Resources Manager’s memo dated November 12, 1998. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1998 Page 4 MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated November 12, 1998. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the additional position classification of Accountant II, at Pay Scale 6, as listed in the Personnel Report dated November 12, 1998. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA TRANSIT HUB LEASE AGREEMENT Mr. Gretz commented on a Lease agreement, prepared by the City Attorney, between the Apple Valley Economic Development Authority (EDA), which owns the Transit Hub property, and the six member cities of the Minnesota Valley Transit Authority (MVTA), which will operate transit services on the site. The Lease, attached to the Community Development Director’s memo dated November 6, 1998, was approved by the EDA at its meeting today. The Council received a letter from the MVTA, dated November 12, 1998, asking that consideration of the Lease be tabled. Glenn McKee, MVTA at-large Board member; and Barbara Ross, MVTA legal counsel; were present. Mr. McKee said he believes the proposed lease will be unacceptable to the other cities primarily because it is written between the EDA and six cities, not the MVTA. They have opinions from other City Attorneys that the MVTA is a legal entity and can enter into the agreement. The MVTA is scheduled to begin service December 14, 1998, at the Transit Hub and the lease issue may not be resolved by then. A contingency plan, including temporary agreement for snow removal and building operations, may need to be considered. The MVTA Board would need to unanimously approve the lease and meets November 18, 1998. Its next meeting is not until January 27, 1999. The Council discussed issues regarding the continuing disagreement as to whether the MVTA is a separate entity or a joint powers organization. It noted the cities are now responsible for levying transit property taxes, distributing them, and also have the option of establishing their own transit services. It agreed some type of resolution needs to be reached to begin services at the Transit Hub in December. Mr. Sheldon suggested the question of appropriate entities to sign an agreement could be addressed by the cities’ attorneys or submitted for arbitration or mediation. He said retired judge Martin Mansur is one individual who might be contacted for such a decision. Other concerns with certain sections of the lease, as indicated in the MVTA’s letter, should be able to be addressed with them rather quickly. MOTION: of Erickson, seconded by Goodwin, tabling consideration of a Lease Agreement with the Apple Valley Economic Development Authority for the Transit Hub site, CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1998 Page 5 located east of Cedar Avenue at 155th Street, until November 24, 1998. Ayes - 4 - Nays - 0. Mr. Gretz said Staff will continue to work with the MVTA on some type of interim arrangement to begin transit services by December 14, 1998. MOTION: of Erickson, seconded by Goodwin, directing the City Attorney to proceed, as expeditiously as possible, with the process of resolving the issue of whether the MVTA can enter into a lease agreement or if the member cities must approve it as a joint powers operation. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, directing Staff to research transit options available to the City if it were to withdraw from the MVTA including estimated costs of providing such services. Mr. McKee said the MVTA can assist with providing information for such a study. It does an analysis of costs and benefits of service to individual cities. Councilmember Goodwin commented that he also has concern about bus routes with very low ridership which may look like a benefit, but have very high costs. Vote was taken on the motion. Ayes - 4 - Nays - 0. EASEMENT VACATION WOODWINDS 4TH ADDITION Mayor Humphrey called the public hearing to order, at 8:50 p.m., to consider vacating easements on Lots 9 and 10, Block 1, The Woodwinds 4th Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated November 6, 1998, describing the purpose of the vacation which is to relocate the property line between the two lots. A new plat for the two lots will be filed establishing new easements. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:52 p.m. Resolution No. 1998-214 MOTION: of Goodwin, seconded by Sterling, adopting completing vacation of drainage and utility easements on Lots 9 and 10, Block 1, The Woodwinds 4th Addition. Ayes - 4 - Nays - 0. Resolution No. 1998-215 MOTION: of Sterling, second ed by Erickson, adopting approving the final plat of The Woodwinds 7th Addition (replat of Lots 9 and 10, Block 1, The Woodwinds 4th Addition) and waiving the requirement for a subdivision agreement. Ayes - 4 - Nays - 0. HERTZ SECURITY FENCE CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1998 Page 6 Ms. Bodmer reviewed the Planning Commission recommendation on proposed fencing materials for Hertz Auto Sales located south of 151st Street and west of Galaxie Avenue. Councilmember Goodwin said he understands the reason for the security fencing, but disagrees with using wooden posts along the south lot line. Since the adjoining property is undeveloped, it could be a problem for a future business locating on the site. MOTION: of Goodwin, seconded by Humphrey, approving the use of wooden posts for security fencing along the west property lines of Lots 3 and 4, Block 1, Apple Valley Ford 2nd Addition, as recommended by the Planning Commission, and approving the use of wrought iron fencing on the north property line of Lot 3 and south property line of Lot 4 for Hertz Auto Sales. Ayes - 4 - Nays - 0. SET INFORMAL MEETING MOTION: of Sterling, seconded by Goodwin, setting a special informal meeting, at 6:00 p.m., on December 7, 1998, which may continue after the budget hearing also set for 7:00 p.m. on that date. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated November 9, 1998, with a calendar listing upcoming events. Councilmember Erickson said he attended the new Post Office grand opening on November 8, 1998. During the open house, he was asked by a resident whether the City could set aside property for land conservation. He told the person it could, but would have to have funds to purchase it. The person seemed unaware that property would have to be purchased. He noted the public should realize that land conservation programs require funding. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated October 28, 1998, in the amount of $561,374.88; November 4, 1998, in the amount $3,925,503.38; and November 10, 1998, in the amount of $2,318,185.64. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:10 o’clock p.m.