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HomeMy WebLinkAbout01/31/1991CITY OF APPLE VALLEY Dakota County, Minnesota January 31, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 31st, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:00 p.m. Members of Weeblos Pack 293 led the pledge of allegiance to the flag and the Councilmembers and everyone in attendance took part in the pledge. The Mayor then asked that a moment of silence be observed in memory of Councilmember Barbara Savanick who passed away on January 18, 1991. MOTION: of Goodwin, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA JAN. 17, 1991 MINUTES MID-WINTER FEST PROCLAIM MID-WINTER FEST RES. 1991-15 SUPPORT U.S. ARMED FORCES AUDIENCE DISCN. CONSENT AGENDA MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of January 17th, 1991, with meeting attendance as corrected on page 1. Ayes - 3 - Nays - 0 (Humphrey Abstained). Parks & Recreation Director Johnson reviewed the schedule of events planned for the 1991 Mid-Winter Fest, including a dance on February 9th and fireworks on February 10th. He then read a proclamation for the Council to consider. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-14 proclaiming February 8th through 10th, 1991, as "Apple Valley Mid-Winter Fest '91". Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-15 declaring support for the United States armed forces engaged in "Operation Desert Storm" in the Persian Gulf. Ayes - 4 - Nays - 0. Mayor Holton asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Sterling, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 31, 1991 Page 2 CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving issuance of a dance permit to the Mid-Winter Fest Committee for a community dance at Apple Valley Community Center on February 9, 1991, subject to presence of a Police Officer; and authorizing Scenic Adventures to use Hayes Park and Valleywood Golf Course as site for hot air balloon tethered rides on February 9 and 10, 1991. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of temporary on-sale liquor licenses by the Minnesota Liquor Control Commissioner to the Minnesota Zoo on June 15, 18 and 27; and September 25 and 28, 1991. Ayes - 4 - Nays - O. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-16 approving a Replacement Agreement to Joint Powers Agreement for the Operation and Maintenance of Public Library, Western Service Center Atrium and Common Grounds and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving release of the $6,000.00 subdivision financial guarantee for Radcliff Townhomes. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting Fire Station No. 1 Addition and Remodeling as final and authorizing final payment on the contract with Met-Con Construction in the amount of $10,000.00. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-17 receiving the preliminary engineering report on Project 90-361, Traffic Signal on 153rd Street at Target/Cub Entrance, and setting a public hearing on it at 8:00 p.m. on February 28, 1991. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-18 receiving the preliminary engineering report on Project 91-364, Downtown Parking Lots Lighting, and setting a public hearing on it at 8:00 p.m. on February 28, 1991. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-19 amending the mileage reimbursement rate to $.275 per mile effective January 1, 1991. Ayes - 4 - Nays - O. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employee as per the Personnel Director's memo dated January 31, 1991. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MID-WINTER FEST DANCE PERMIT & BALLOONS ZOO TEMPORARY LIQUOR LICENSES RES. 1991-16 REPLACEMENT J.P. LIBRARY AGREEMT, RELEASE RADCLIFF FINAL PAYMENT FIRE STATION 1 RES. 1991-17 SET HEARING PROJ. 90-361 RES. 1991-18 SET HEARING PROJ. 91-364 RES. 1991-19 MILEAGE REIMB, HIRE SEASONAL EMPLOYEE CITY OF APPLE VALLEY Dakota County, Minnesota January 31, 1991 Page 3 Mr. Welsch reviewed the Planning Commission report on the request of Ramalynn Montessori Academy for a sign variance. The Planning Commis- sion recommended denial. Mr. Welsch noted the school began occupancy of the property in 1987 and there is no record of a permit being issued for the existing sign which does not meet the required setback. SIGN VARIANCE RAMALYNN MONTESSORI Barbara Pitcher, of Nordquist Sign Company, was present and explained the variance request as described in her letter of December 6, 1990. Lynn Ramalingam, Director of the Academy, was also present and said they would consider installing an over- hanging sign, similar to Edina Realty's, if the variance request is not approved. Councilmember Humphrey asked how far the existing sign is from the edge of the sidewalk? Mr. Welsch said it is about 2 1/2 feet. Mayor Holton said the sign could be installed farther east, on the property, without a variance. Ne expressed concern that it could be a hazard that close to the sidewalk. Mr. Welsch said this property is in an LB zone in which signs can be a maximum of eight feet high. The Edina Realty sign is in an RB zone and is not comparable. Councilmember Humphrey said he would be more amenable to granting a variance for a short pylon sign, that would be higher than the fence, than granting a variance to the setback. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-20 finding insufficient hardship for approval of a sign setback variance at 15004 Glazier Avenue (Lot 2, Block 1, Apple Valley Commercial Addition) and denying the request as recommended by the Planning Commission. RES. 1991-20 DENY RAMALYNN SIGN VARIANCE Mr. Welsch asked if there is still a ground sign at the front of the building? Lynn Ramalingam said there is. He advised her that only one ground sign is permitted on that property. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on a building CUB FOODS permit for Cub Foods at the southeast corner of 153rd Street and BUILDING PERMIT Cedar Avenue. The plan shows multiple building signs, 800 square feet in four locations, which would require a variance. In exchange for the additional building signage, developers would install one major anchor sign rather than pylon signs. This would be subject to a conditional use permit. One exception not included in the draft resolution involves screening rooftop units. They are proposing initially partial screening and would inspect it, with the City, after construction to determine if additional screening is needed. Pat Draper, of SuperValu Stores, was present and said they are proceeding to design the monument sign and will submit the necessary application. Due to the size of the building, they are requesting the additional building signage. She also showed samples of the exterior building materials. CITY OF APPLE VALLEY Dakota County, Minnesota January 31, 1991 Page 4 Councilmember Sterling questioned the "24 hours savings" sign and asked when the sign ordinance was amended to provide for signage on large buildings? Mr. Kelley said a sliding scale, allowing up to 500 square feet of signage based on building size, was created when K-Mart was built. Ms. Draper said Cub has "24 hours savings" signs on every one of its stores and considers it a trademark. Councilmember Humphrey questioned the orange color selected and lighting. Ms. Draper explained the design process and said Cub will be using the same parking lot lighting as Target. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-21 authorizing issuance of a building permit for Cub Foods on Lot 1, Block 1, Apple Valley Retail Addition, with conditions as recommended by the Planning Commission, including a signage variance, and allowing initial partial screening of rooftop units subject to later inspection. Ayes - 4 - Nays - 0. RES. 1991-21 CUB FOODS BUILDING PERMIT MOTION: of Goodwin, seconded by Sterling, setting a public hearing before the Planning Commission at 7:30 p.m. on March 6, 1991, to consider amending the zoning ordinance related to establishing minimum parking requirements for veterinary clinics. Ayes - 4 - Nays - 0. SET HEARING VET. CLINIC PARKING MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. RES. 1991-22 1991-22 approving 1991 City Council and Staff goals eon- 1991 GOALS sisting of six goals and three strategic long-term goals described in Exhibit A. Ayes - 4 - Nays - O. Mr. Melena reviewed the memo dated January 22, 1991, concerning estab- STREET LIGHT lishment of a street light utility fund. It would establish a uniform UTILITY FUND charge, based on residential equivalents, for all property similar to the storm sewer utility. Currently, residential property pays various charges based on costs as subdivision improvements were made. This would establish one rate for residential property to cover the cost of electricity and replacement. Commercial property does not pay a street light charge now and this would establish two rates; one for property in the ring route and one for other commercial/industrial property. The Mayor said he would like more information and discussion before implementing the utility. The Council asked for additional information including a map showing where the charges would be implemented and, of those now paying the charges, how many will increase, decrease and stay the same. Councilmember Humphrey said he would also like to review how late charges are handled on monthly utility billing. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 502 amending City Code Section 3-45 by allowing licensees with both an on-sale wine license and an on-sale nonintoxicating malt liquor license to sell strong beer as provided in state law. Ayes - 4 - Nays - 0. ORDINANCE 502 ALLOW STRONG BEER SALES CITY OF APPLE VALLEY Dakota County, Minnesota January 31, 1991 Page 5 MOTION: of Goodwin, seconded by Humphrey, authorizing payment of $15,867.00 to the Minnesota Valley Humane Society, as budgeted, from the 1989-90 workers' compensation insurance refund. Ayes - 4 - Nays - 0. HUMANE SOCIETY PAYMENT BURNSVILLE INDOOR FIREARMS RANGE MOTION: of Goodwin, seconded by Humphrey, authorizing the Police Chief to send a letter of commitment for the City to participate in the purchase and upgrade of the Burnsville Gunnery indoor firearms range with costs financed up to a five-year period, depending on the number of agencies participating. Police Chief Rivers said the total $310,000 cost includes purchase and upgrading the facility for Police use. The City's share will range from $20,167 to $53,448, depending on how many agencies participate. If the cost is at the low end, drug forfeiture moneys would be used to pay for it; if the cost is higher, additional funds will be needed. The City would not participate in the possible armory range being considered by Rosemount. The Council questioned current training policies and costs. Chief Rivers explained them and noted increased range time would require some revisions to current policy. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Melena reviewed his memo dated January 28, 1991, concerning state LGA FUND cuts in local government aid (LGA). It now appears the City will lose UPDATE $166,979. He reviewed the LGA/Equipment Certificate fund in the 1991 budget and identified items which would be deleted, held until later in the year or purchased from operating budgets. About $300,000 will remain in the fund, but could be subject to further cuts by the state. The only item in the fund not being puton hold is $25,000 for the outdoor firing range. Mr. Welsch reported that action, as requested in the memo dated AMBERWOODS January 31, 1991, on the Amberwoods Estates plat in Rosemount is no PLAT UPDATE longer necessary. The developer has reverted to the original proposal, with the street alignment in the center of the property, and not abutting the Hearthstone subdivision. MOTION: of Humphrey, seconded by Goodwin, authorizing the City Attorney to file a cross-appeal in the condemnation award on the Pahl property for acquisition of right-of-way for Galaxie Avenue under Project 90-359. Ayes - 4 ~ Nays - 0. APPEAL PAHL CONDEMNATION RES. 1991-23 COUNCIL VACANCY MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-23 declaring a vacancy for a term on the City Council expiring December 31, 1994, due to the death of Councilmember Savanick. Ayes - 4 - Nays - 0. Mayor Holton said the same procedure as used in 1984 would be used to fill this vacancy. Applications will be accepted until February 15, 1991. Depending on the CITY OF APPLE VALLEY Dakota County, Minnesota January 31, 1991 Page 6 number of applicants, interviews can be conducted the week of February 18th and an appointment made at the February 28th meeting. The Council concurred with this process. Reporters from This Week News and Countryside were present and agreed to publicize the vacancy. MOTION: of Goodwin, seconded by Sterling, appointing Connie Scheid to fill the vacancy on the Parks & Recreation Advisory Committee for a term expiring March 1, 1991. Ayes - 4 - Nays - 0. APPOINT SCHEID PARK & REC. COM. COMMISSION/ COMMITTEE ASSIGNMENTS CLOSE MEETING MOTION: of Goodwin, seconded by Humphrey, designating assignments for 1991 as follows: ALF Ambulance - Holton, Cable TV Committee - Humphrey, Parks & Recreation Committee - Goodwin, Planning Commission - Sterling, Urban Affairs Committee - to be determined and appointing Thomas Melena as alternate to the Minnesota Valley Transit Authority. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Sterling, to close the meeting under M.S. 471.705, Subd. la, to consider strategy for labor negotiations. Ayes - 4 - Nays - 0. The meeting was closed at 10:10 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Melena, City Clerk Mueller, Personnel Director Boland, Police Chief Rivers and Assistant to Adminis- trator Weldon. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 10:55 p.m. in the Council Chambers at which time Finance Director Ballenger, City Planner Kelley and Community Development Director Welsch were also present. MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 82243 through 82358, 82367 through 82422 and 82424 through 82479, in the total amount of $6,209,203.88. Ayes - 4 - Nays - 0. CLAIMS & BILLS RING ROUTE .COSTS Mr. Melena distributed ring route cost information to the Council showing the cost of basic improvements and cost of the amenities. Mr. Melena said the placement of United States flags on the ring RING ROUTE FLAGS route corner monuments has been discussed. In conversations with the American Legion, it has offered to purchase flags for all street lights in the downtown area. The Council concurred with display of the flags if they are purchased. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-24 authorizing payment of full health, dental, long term disability and life insurance benefits for any current employees called to active duty, who are members of the Reserves, National Guard or in the IRR, for a 12-month period from the date of activation. Ayes - 4 - Nays - 0. RES. 1991-24 INSURANCE FOR MILITARY DUTY MOTION: of Humphrey, seconded by Sterling, to adjourn. Ayes - 4 - Nays The meeting was adjourned at 11:09 o'clock p.m. at which time the Council held an Economic Development Authority meeting.