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.