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HomeMy WebLinkAbout03/04/1997CITY OF APPLE VALLEY Dakota County, Minnesota March 4, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 4th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Cou ncilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Fire Chief Calvin, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, 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. The City Clerk administered the oath of office to Ruth Grendahl who was appointed to fill the vacancy on City Council at a special meeting earlier tonight. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. 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. No one was present to speak. 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, seconded by Sterling, approving the minutes of the regular meeting of February 13th, 1997, as written. Ayes - 3 - Nays - 0 (Grendahl and Sterling Abstained). Resolution No. 1997-46 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of a print of the “Old Town Hall” building from the family of Jacqueline Steffens. Ayes - 5 - Nays - 0. Resolution No. 1997-47 MOTION: of Goodwin, seconded by Sterling, adopting approving the Application for Exemption from Lawful Gambling License of Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota March 4, 1997 Page 2 American Legion Auxiliary, Unit 1776, for an event on April 18th, 1997; and waiving any waiting period for State Gambling Control Board approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving renewal of insurance coverages with the League of Minnesota Cities Insurance Trust, for 1997-98, at a total premium of $372,835.00, as described in the Finance Director’s memo dated February 28, 1997. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving renewal of a filling station license for Mermaid Car Wash for 1997. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, receiving the 1996 Fire Department Annual Report. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, receiving the 1996 Community Landfill Abatement Annual Report. Ayes - 5 - Nays - 0. Resolution No. 1997-48 MOTION: of Goodwin, seconded by Sterling, adopting ordering installation of Phase 2 of Project 96-443, Valley Oaks Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 1997-49 MOTION: of Goodwin, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Phase 2 of Project 96-443, Valley Oaks Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 1997-50 MOTION: of Goodwin, seconded by Sterling, adopting awarding the contract for Project 97-522, Valley Pines Utility Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $39,828.25. Ayes - 5 - Nays - 0. Resolution No. 1997-51 MOTION: of Goodwin, seconded by Sterling, adopting awarding contracts for Projects 97-528, A & C, Wells No. 1 and 4 Pump Repairs, to Alberg Water Services, LLC, in the respective amounts of $14,372.00 and $21,907.00; and for Project 97-528B, Well No. 2 Pump Repairs, to Keys Well Drilling, in the amount of $16,838.00. Ayes - 5 - Nays - 0. Resolution No. 1997-52 MOTION: of Goodwin, seconded by Sterling, adopting approving an Agreement with the State of Minnesota for $50,000.00 Grant Funding of the Apple Valley Sports Arena Sub-Surface Pipe and Floor Repair Project and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving a Memorandum of Understanding with the Cities of Farmington and Rosemount for joint cable television franchise CITY OF APPLE VALLEY Dakota County, Minnesota March 4, 1997 Page 3 renewal negotiations and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing donating promotional items for the Apple Valley and Rosemount High Schools senior class parties as listed in the Park & Recreation Director’s memo dated February 28, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-53 MOTION: of Goodwin, seconded by Sterling, adopting requesting representation from the League of Minnesota Cities Insurance Trust in the Minnesota Police Recruitment System appeal of the Fields/Starks lawsuit. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring Joanne Murphy for the full- time position of Administrative Department Secretary as listed in the Personnel Report dated March 4, 1997. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated March 4, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PARK DEVELOPMENT PRESENTATION Greg Kopischke, Chair of the Parks & Recreation Advisory Committee, was present to request Council consideration of a park bond referendum. He reviewed potential projects, which the Committee believes are needed in the City, and are detailed in the Park & Recreation Director’s memo dated February 28, 1997. They are: Central Athletic Complex and teen center, $1,650,000; new park development, $150,000; Apple Valley Community Center expansion, $1,300,000; infrastructure repair/replacement, $1,266,500; and an outdoor swim center, $3,600,000; for a total of $7,966,500. A bond issue of $8,370,000 would be needed and the Committee would like to see this as one question. The request is for the Council to set a special election for May 20, 1997, to coincide with the annual School Board election. Kay Butler, a V.A.A. board member, representing People for Parks, commented on their support for the proposed park improvements and a bond referendum. The improvements could be completed in three years, but the cost spread over 20 years. Wilt Anderson, 5441 West 134th Street, said he is not opposed to a park bond issue, but would like part of the dollars used to purchase land and expand the public cemetery in the City. The City could purchase the land and contract with an outside management firm to operate it. He asked that the cemetery be made part of a bond referendum. CITY OF APPLE VALLEY Dakota County, Minnesota March 4, 1997 Page 4 Councilmember Goodwin asked how an outdoor swim center would fit in with the existing pool? Mr. Johnson said Redwood was built for neighborhood-type use and was eventually turned over to the City. It has a capacity of 300 and is inadequate for the City today. Mayor Humphrey suggested the Council set a special meeting to consider the request further and continue to take citizen input. The Council will need to address whether there should be a bond referendum, should there be one question or more, and should it include cemetery funding. MOTION: of Goodwin, seconded by Sterling, setting a special meeting, at 8:00 p.m., on March 20, 1997, to consider the request for a park bond referendum. Councilmember Goodwin said he would like more information on private sector operation of the cemetery and what expansion would be needed. Russ Defauw, 13030 Florida Court, said the Committee has worked on this proposal since September. They would not like to see a multiple part question because they believe all items presented are equally necessary. Vote was taken on the motion. Ayes - 5 - Nays - 0. FIRE DEPARTMENT CairnsIRIS DONATION Terry Cook, of the Optimist Club and also representing the Apple Valley Seniors and residents who contributed to the project, described the CairnsIRIS thermal imaging system being donated to the Fire Department. He presented a check for $25,000 to the Mayor. Byron Foreman, 13585 Henna Avenue, and John Raiche, 14638 Embry Path, presented the helmet-mounted unit to Fire Chief Calvin. Operation of the unit was demonstrated by Firefighter Russ Schroeder while Paul Hunsinger, Fire Department Training Officer, described the system and how it can be used to search for victims. Images viewed through the unit were also transmitted and displayed on a video monitor. Mr. Cook said the Club has some excess funds from the project and will maintain an account and continue to accept contributions toward the purchase of another unit. Ultimately they would like to have three units, one located at each fire station. Resolution No. 1997-54 MOTION: of Erickson, seconded by Sterling, adopting accepting, with thanks, the donation of a CairnsIRIS thermal imaging system from the Apple Valley Optimist Club, Seniors, and residents for use by the Fire Department. Ayes - 5 - Nays - 0. PROJECT 97-526, WYNDEMERE 4TH & 5TH ADDITIONS IMPROVEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota March 4, 1997 Page 5 Mayor Humphrey called the public hearing to order, at 9:00 p.m., to consider Project 97-527, Wyndemere 4th and 5th Additions Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the details of the project as contained in the revised preliminary engineering report dated January 31, 1997. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 9:05 p.m. Resolution No. 1997-55 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 97-526, Wyndemere 4th and 5th Additions Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1997-56 MOTION: of Sterling, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 97-526, Wyndemere 4th and 5th Additions Utility and Street Improvements. Ayes - 5 - Nays - 0. MVTA JOINT POWERS AGREEMENT Mr. Dougherty reviewed proposed amendments to the Minnesota Valley Transit Authority (MVTA) Joint Powers Agreement as contained in the Community Development Director’s memo dated February 28, 1997. The substantive changes relate constitution of a quorum and the number of votes required for the Board to proceed with a capital expenditure. The changes would allow six members to approve such purchases instead of all nine members as is required now. Mayor Humphrey said he was told the reason for the changes is that it has been difficult to get all representatives to attend meetings. Councilmember Erickson said he would rather see the cities address non-attendance issues of their representatives, if that is the problem, than amend the Agreement. MOTION: of Erickson, seconded by Sterling, approving the amended and revised Minnesota Valley Transit Authority Joint Powers Agreement as presented. Ayes - 0 - Nays - 5. Motion Failed. Mayor Humphrey said, at the February 26, 1997, MVTA Board meeting funding was discussed. He was informed the MVTA has not prepared a budget for 1997. In previous years, budgets were prepared and approved by the cities and the Regional Transit Board, the taxing authority. The cities are now levying the property taxes. Mr. Gretz said he has received a letter from the MVTA, which will be scheduled for the March 27, 1997; meeting, requesting advance funding of 12.5 percent, or about $132,000, of the levy. MOTION: of Erickson, seconded by Sterling, requesting that the Minnesota Valley Transit Authority provide a copy of a 1997 budget to the City before its request for advance funding is considered. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 4, 1997 Page 6 ORDINANCE AMENDING “LB” ZONING DISTRICT LANGUAGE Mr. Kelley gave the first reading of an ordinance amending Section A1-34 of Appendix A of the City Code regarding limited business zoning districts as contained in his memo dated February 27, 1997. The amended language would read: “Limited business districts are areas where uses are primarily restricted to office and professional services.” It would allow discretion on whether a proposed use meets the intent of the zone. The Council accepted the first reading; the second reading will be scheduled for March 27, 1997. EXEMPTION OF COUNTY/CITY ROADS FROM STATE NOISE STANDARDS Resolution No. 1997-57 MOTION: of Erickson, seconded by Goodwin, adopting supporting exemption of all county and city transportation projects from State noise standards due to the excessive cost of constructing noise mitigation barriers and the diminished value these barriers would provide to residents. Ayes - 5 - Nays - 0. COMMISSION/COMMITTEE TERM EXPIRATIONS The Council received the City Clerk’s memo dated February 28, 1997, listing the members and advising that all committee terms and two Planning Commission terms expire March 1, 1997. This will be scheduled for action at the March 27, 1997, meeting. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated February 19th, 1997, in the amount of $3,300,933.29; February 26th, 1997, in the amount of $4,061,578.99; and March 3rd, 1997, in the amount of $759,749.17. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:35 o’clock p.m.