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HomeMy WebLinkAbout09/26/1991CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 26th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Humphrey and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: Public Works Director Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, City Planner Kelley, Parks & Recreation Director Johnson and Police Chief Rivers. Mayor Holton 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. MOTION: of Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Dr. Rehwaldt, Superintendent of Independent School District 196, was ISD 196 present to provide background information on the levy and bond refer- NOVEMBER endum set for November 5, 1991. The levy request is for $3,500,000, REFERENDUM each year, for a five-year period beginning in 1993. Of this amount, $2,400,000 will be used to restore class sizes to where they were two years ago. The balance will be used to provide focused help in early grades and better measurements of student learning. The bond request, of $36,500,000, is for buildings including: an addition to Eagan High School, a new middle school, new elementary school, land for future schools, an addition to Rosemount Middle School, air conditioning some older schools and an improved telephone system. The average home value in the District is $105,000 and it is projected that the levy and bond referendum would cost $53.00 per year for that home. Dr. Rehwaldt said they are asking for the community's support on these issues in November. 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. AUDIENCE DISC. MOTION: of Humphrey, seconded by Erickson, adding a no parking zone on 143rd Street to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Erickson, approving the minutes of SEPT. 12, 1991 the regular meeting of September 12th, 1991, as written. MINUTES Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1991 Page 2 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-206 accepting, with thanks, the donation, totaling $375.00, for the Police Department D.A.R.E. Program from the various businesses listed. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-207 accepting, with thanks, the donation of athletic equipment, valued at $4,500.00, for Eastview Athletic Complex from the Valley Athletic Association and Apple Valley Mickey Mantle Baseball Program. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-208 approving and setting a public hearing at 8:00 p.m. on October 24, 1991, on proposed 1991 Special Assessment Rolls No. 300 through 309, in the total amount of $1,460,029.00. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-209 approving and setting a public hearing at 8:00 p.m. on October 24, 1991, on proposed 1991 Special Assessment Roll No. 310, delinquent sewer and water utility bills. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-210 approving renewal of a gambling license, by the Minnesota Charitable Gambling Control Board, for the Multiple Sclerosis Society at R'Berry's, 7721 West 147th Street, and waiving the waiting period for Board approval. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving 1991 off-sale 3.2 beer and cigarette sales licenses for Super Valu Stores, Inc., d/b/a Cub Foods, at 15350 Cedar Avenue, effective October 31, 1991. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving 1991 off-sale 3.2 beer, cigarette sales and filling station licenses for Kayo Oil Company, d/b/a Conoco, at 7575 West 145th Street, effective October 1, 1991. Ayes - 4 - Nays.- 0. MOTION: of Humphrey, seconded by Erickson, approving a 1991 license for a Christmas Tree Sales Lot on Lot 1, Block 1, Apple Valley Retail Addition, Cub Foods, for B & J Tree Farms. Ayes - 4 - N~ys - 0. MOTION: of Humphrey, seconded by Erickson, approving a 1991 license for a Christmas Tree Sales Lot at East Valley Plaza for Silver Bell Tree Farm, Bill Brabec. Ayes - 4 - Nays - 0. RES. 1991-206 POLICE D.A.R.E. DONATION RES. 1991-207 EASTVIEW V.A.A DONATION RES. 1991-208 SET HEARING 1991 ASSMTS. RES. 1991-209 SET HEARING ASSMT. 310 RES. 1991-210 M.S. SOCIETY GAMBLING RENEW CUB FOODS 1991 LICENSES CONOCO 1991 LICENSES CHRISTMAS TREE SALES LOT CUB FOODS CHRISTMAS TREE SALES LOT VALLEY PLAZA CITY OF APPLE vALLEY Dakota County, Minnesota September 26, 1991 Page 3 MOTION: of Humphrey,seconded by Erickson, authorizing expenditure of up to $20,000 for improvements to the Liquor Store No. 2 and PDQ Store site, as described in Mr. Weldon's memo dated September 20, 1991. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, receiving the Diagnostic- Feasibility Study on Alimagnet Lake, prepared by James M. Montgomery Consulting Engineers, Inc., including an implementation plan for water quality improvement. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, authorizing installation of a street light at the intersection of 130th Street and Galaxie Avenue. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, authorizing release of the subdivision financial guarantees for: Carrollton Estates 5th from $4,425.00 to 0; Pilot Pond from $9,500.00 to 0; Pilot Knob Estates 5th from $2,000.00 to 0; and Summerfield 2nd from $10,710.00 to 0. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving the Second Amendment to Joint Powers Agreement Establishing a Watershed Management Commission for the Vermillion River Watershed, allowing Ravenna Township to join the WMO, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving the Vermillion River Watershed Management Organization 1992 budget with expenditures totaling $75,550.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving an application to the Department of Natural Resources to amend the City's Water Appropriation Permit 74-5229 to allow drilling of new Well No. 15 to the Mt. Simon/Hinckley aquifer. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-211 approving plans and specifications for Project 91- 376, Apple Ponds 4th Addition Utility Improvements, and authorizing installation by change order to Project 91-370, Apple Ponds 3rd Addition Utility Improvements. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving Change Order No. 1 to the contract with CECA Utilities for Project 91- 370, Apple Ponds 3rd Addition Utility Improvements, in the amount of an additional $64,692.65 for Project 91-376. Ayes - 4 - Nays - 0. LIQUOR STORE 2 SITE IMPROVEMENTS ALIMAGNET DIAGNOSTIC- FEASIBILITY STUDY STREET LIGHT 130 & GALAXIE SUBDIVISION BOND RELEASES VERMILLION WMO JOINT POWERS AMENDMENT VERMILLION WMO 1992 BUDGET WELL 15 DNR WATER PERMIT RES. 1991-211 PROJ. 91-376 PLANS & SPECS. CHANGE ORDER 1 PROJ. 91-370 CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1991 Page 4 MOTION: of Humphrey,'seconded by Erickson, approving Change Order No. 1 to the contract with Peoples Electrical Contractors for Project 91-361, Traffic Signal on 153rd Street at Target/Cub Entrance, in the amount of an additional $265.00. Ayes - 4 - Nays - 0. CHANGE ORDER 1 PROJ, 91-361 MOTION: of Humphrey, seconded by Erickson, approving Change Order No. 1 to the contract with McNamara Contracting for Project 91-363, 1991 Street Maintenance Program, in the amount of an additional $10,405.50 for pathway on T.H. 77 between Galaxie and Foliage Avenues. Ayes - 4 - Nays - 0. CHANGE ORDER 1 PROJ, 91-363 CHANGE ORDER 1 PROJ. 91-333 RES. 1991-212 NO PARKING 127 & GERMANE MOTION: of Humphrey, seconded by Erickson, approving Change Order No. 1 to the contract with CECA Utilities for Project 91- 333, Oaks of Apple Valley IV Utility Improvements, in the amount of an additional $1,512.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-212 prohibiting parking on the east side of Germane Avenue for a distance of 40 feet north of 127th Street. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-213 awarding the contract for Projects 91-372 and 91- 374, Pilot Knob Estates 7th and Embassy Estates 2nd Utility Improvements, to Hydrocon, Inc., the low bidder, in the amount of $128,396.00. Ayes - 4 - Nays - 0. RES. 1991-213 AWARD CONTRACT PROJ. 91-372 & 91-374 MOTION: of Humphrey, seconded by Erickson, approving the appointment of Suzanne K. Holm and John H. MacLeod as members of the Apple Valley Fire Department. Ayes - 4 - Nays - O. FIRE DEPT APP. HOLM &MACLEOD MOTION: of Humphrey, seconded by Erickson, approving hiring Mohanlall (Ed) Udairam as a full time Park Maintenance I worker effective September 27, 1991. Ayes - 4 - Nays - 0. HIRE UDAIRAM PARK MAINTENCE MOTION: of Humphrey, seconded by Erickson, approving hiring the seasonal employees as listed in the Personnel Director's memo dated September 26, 1991. Ayes - 4 - Nays - 0. HIRE SEASONAL EMPLOYEES MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-214 prohibiting parking, during the school year, on the north side of 143rd Street for a distance of 165 feet west of Hemlock Court. Ayes - 4 - Nays - 0. RES. 1991-214 NO PARKING 143RD STREET END OF CONSENT AGENDA Mr. Kelley reviewed the Planning Commission report on parking lot WESTVIEW expansion at Westview Elementary School. Steve Hansen, Director of PARKING LOT Buildings and Grounds for the District, was present to answer questions. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1991 Page 5 MOTION: of Humphrey, seconded by Erickson, approving an excavation permit for Westview Elementary School to construct additional parking areas and a drop-off lane, as recommended by the Planning Commission, subject to installation of screening walls for the existing trash dumpsters on the north side of the building. Ayes - 4 - Nays - 0. WESTVIEW PARKING LOT EXCAVATION PERMIT Mr. Kelley reviewed the request for a special use permit for outside SPECIAL USE sales at George's Market, 220 County Road 42, from September 27 to GEO.'S MARKET November 30, 1991. Bruce Lais, who is requesting the permit, to sell sporting team novelties, also had a permit for the period May 24 to June 30, 1991, at the same location, and is asking for consideration of this request as an extension of the previous permit rather than a new permit. Mr. Kelley said this type of permit is for temporary uses, not covered under other sections of the City Code, and have been granted for specific periods of time; not to exceed one year. Mayor Holton questioned whether these types of permits should continue to be allowed and expressed concern about ensuring that these uses comply with safety regulations, fire codes, etc. Councilmember Sterling asked whether there should be a limit on the number of times an individual or location could have one of these permits. MOTION: of Humphrey, seconded by Erickson, approving issuance of a Special Use Permit for outside sales of sporting team novel- ties to Bruce Lais at George's Market, 220 County Road 42, for the period September 27 through November 30, 1991, at a fee of $100.00. SPECIAL USE T-SHIRT SALES GEO.'S MARKET Mayor Holton asked Staff to report on how other communities handle these activities or permits. Vote was taken on the motion. Ayes - 4 - Nays - O. Mr. Gretz reviewed his memo dated September 12, 1991, concerning GALAXIE AVE. sidewalk/pathway along Galaxie Avenue south of 153rd Street. Speci- SIDEWALK/ fications, prepared in accordance with policy at the time, called for PATHWAY five-foot wide concrete sidewalk along both sides of Galaxie Avenue. Last year about 500 feet of it, south of 153rd Street, was installed under the Ring Route contract. The balance is now going to be installed. The new City policy, adopted June 6, 1991, calls for eight-foot wide bituminous pathways along both sides of community collector streets, which applies to Galaxie Avenue. His memo contains recommendations for making the transition to the new policy. Councilmember Erickson said he is opposed an expenditure to remove the existing concrete and it should not be removed until it needs to be replaced or the property develops. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1991 Page 6 Councilmember Humphrey questioned whsther the policy requires concrete or bituminous in the area. If the area between 153rd and 155th Streets is considered commercial, concrete would be required. Mayor Holton said it should conform to current policy. A five-foot sidewalk does not accomplish the objectives of the pathway system. He has asked for a map showing the pathways and review of the policy at the next informal meeting. MOTION: of Erickson, seconded by Humphrey, to retain the existing RETAIN concrete sidewalk along both sides of Galaxie Avenue, for GALAXIE 500 feet south of 153rd Street, until such time as it SIDEWALK requires replacement or the property develops. Councilmember Humphrey said the City owns about 250 feet of the property on the west side of Galaxie where the sidewalk exists. If the 500-foot section is changed to an eight-foot pathway at some later date, the City would have to bear the cost of the construction abutting its property. Vote was taken on the motion. Ayes - 1 (Eriekson) - Nays - 3. MOTION: of Humphrey, seconded by Holton, approving removal of 500 feet of sidewalk on the west side of Galaxie, south of 153rd Street; installing an eight-foot wide bituminous pathway on the west side of Oalaxie, between 153rd and 160th Streets; and deleting installation of additional sidewalk or pathway on the east side of Galaxie, as recommended by the Public Works Director. Ayes - 2 (Holton and Humphrey) - Nays - 2 (Erickson and Sterling). Motion Failed. GAIAXIE SIDEWALK/ PATHWAY Councilmember Erickson said he would like to delay further consideration of the issue until the policy has been reviewed at the next informal meeting. Mr. Gretz advised the Council that the contractor is now at the point of installing the sidewalk. The Council's next informal meeting is not scheduled until October 17, 1991. MOTION: of Sterling, seconded by Holton, approving removal of 500 feet of sidewalk on the west side of Galaxie, south of 153rd Street; installing an eight-foot wide .bituminous pathway on the west side of Galaxte, between 153rd and. 160th Streets; and deleting installation of additional sidewalk or pathway on the east side of Galaxte, as recommended by the Public Works Director. Ayes - 3 - Nays - 1 (Erickson). GALAXIE SIDEWALK/ PATHWAY The Council received the Dakota County City/County Mangers proposed CONSOLIDATED request for proposals for a study of Joint/Consolidation of Dispatch- DISPATCH ing Services. Police Chief Rivers said the draft was prepared for the RFP cities' comments and will be reviewed at the Chiefs and Managers meeting again next month. They would come back to the Council for action and a joint powers agreement if they are going to proceed. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 1991 Page 7 Councilmember Erickson said, if funding options are part of the recommendation, he would prefer Option #4; the County funding 30 percent of the study and the remaining cost divided among the cities. Mayor Holton said his main concern is maintaining the level of community service and making adequate provisions for a backup system and secondary "911" answering points. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-215 accepting, with thanks, the donations, totaling $880.00, to assist with hosting the Venezuelan Special Olympic Team.and the donations of food and prizes by the Zoo and the American Legion. Ayes - 4 - Nays - 0. RES. 1991-215 SPEC. OLYMPICS DONATIONS Mr. Gretz advised the Council that the EDA has received two purchase OLD LIQUOR offers for the old liquor store building. One was requesting addi- STORE OFFERS tional improvements to the building and should not be considered. A counter-offer was submitted on the other offer and the realtor was going to be at the meeting to advise whether it would be accepted. A special EDA meeting is scheduled for 12:00 noon on September 27, 1991, to consider it. Coumcilmember Humphrey said the realtor contacted him before tonight's meeting and said she has not received a reply from the purchaser. Mr. Sheldon said there is no reason to hold the EDA meeting tomorrow if there is no offer to consider. Any purchase agreement received would need to be reviewed and have the details worked out before he could recommend having the EDA sign it. The Council concurred and noted that the EDA's September 27th meeting would not be held. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check register dated September 18, 1991, in the amount of $1,249,783.51; and check register dated September 25, 1991, in the amount of $3,844,330.87. Ayes - 4 - Nays - O. CLAIMS & BILLS MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. .The meeting was adjourned at 9:22 o'clock p.m.