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HomeMy WebLinkAbout11/14/1991CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 14th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin and Sterling. ABSENT: Councilmember Humphrey. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Project Engineer Aune, Finance Director Ballenger, Personnel Director Boland, Assistant Finance Director Eklund, Police Captain Erickson, Public Works Director Gretz, Building Official Miranowski, Police Chief Rivers, Fire Chief Tuthill, Assistant to Administrator Weldon and Community Development Director Welsch. 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 Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended; Ayes - 4 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA OCT. 24, 1991 MINUTES RES. 1991-227 E'VIEW SCORE- BOARD DONATION RES. 1991-228 PLANNING COM. RECOGNITION CRIMESTOPPERS FUND TRANSFER 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 Goodwin, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of October 24th, 1991, as written. Ayes 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-227 accepting, with thanks, the donation of $4,000.00 from Mid-West Coca Cola Bottling Company toward the purchase of an electronic scoreboard for Eastview Athletic Complex Soccer Field "C". Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-228 amending the volunteer service recognition program by awarding a marble apple to Planning Commission members after six years of service; the awards to advisory committee members after 10 years and volunteer firefighters after 20 years remain unchanged. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing transfer of $250.00 from the Police Department Crime Prevention Fund to CrimeStoppers, Inc., as recommended by the Police Chief in his memo dated November 8, 1991. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1991 Page 2 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-229 setting a public hearing on 1992 on-sale liquor, wine and beer license renewal applications at 8:00 p.m. on December 5, 1991. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-230 approving reallocation of special assessments identified as Divisions No.: 18996 - Carrollton Commercial Addition; 19057 - Embassy Estates 1st Addition; 19082 - Section 34, Future Apple Ponds Neighborhood Center; 19143 - Pilot Knob Estates 7th Addition; and 19144 - Apple Valley Retail Addition. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-231 approving specifications for supply of fully operated snow removal and grading equipment and provision of certain road materials for 1991~1992 and advertising for bids to be received at 10:00 a.m. on December 2, 1991. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of Christmas Tree Sales Lot Permits for Minnehaha Falls Nursery, in its parking lot; and for Apple Valley Jaycees, in the First Bank parking lot. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-232 authorizing carryover of $15,000 from the 1991 Utilities Budget Reforestation Fund to be spent, in conjunction with grant funds, on tree planting in 1992. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing the expen- diture of $1,247.74 for holiday wreaths for the entrance monuments on the downtown ring route as recommended by the Public Works Director in his memo dated October 23, 1991. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the Grant Agreement, for $5,000.00 of funding in fiscal year 1992, for Community Forestry Assistance with the Department of Natural Resources and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 3 to the contract with CECA Utilities, Inc., for Project 91- 370, Apple Ponds 3rd Addition Improvements, in the amount of an additional $10,846.50. Ayes - 4 ~ Nays - 0. RES. 1991-229 SET HEAi~ING 1992 LICENSES RES. 1991-230 ASSESSMENT DIVISIONS RES. 1991-231 TAKE BIDS SNOW PLOW, GRADING & MATERIALS CHRISTMAS TRE LOT PERMITS RES. 1991-232 1991 TREE FUND CARRYOVER RING ROUTE WREATHS DNR FORESTRY GRANT AGREEMT, CHANGE ORDER 3 PROJ. 91-370 CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1991 Page 3 MOTION: of Goodwin, seconded by Sterling, accepting the contract with Alexander Construction for Project 91-368, Galaxie Avenue Widening, as final and authorizing final payment in the amount of $22,671.69. Ayes - 4 - Nays - 0. FINAL PAYMENT PROJ. 91-368 FINAL PAYMENT EASTVIEW LIGHT SOUTH METRO J.P. AGREEMENT HIRE PART TIME EMPLOYEES MOTION: of Goodwin, seconded by Sterling, accepting the contract with Musco Sports Lighting, Inc., for Eastview Soccer Field Lighting as final and authorizing final payment in the amount of $2,856.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the 1992 Joint Powers Agreement for South Metro Task Force with Dakota County and the Cities of Burnsville, Eagan and Lakeville, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the part time employee and seasonal employees as listed in the Personnel Director's memo dated November 14th, 1991. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mark Hoisser, Executive Director for D.A.R.T.S. (Dakota Area Resources D.A.R.T.S. and Transportation for Seniors), was present to explain services the PRESENTATION organization provides. He showed a video tape which described the door-to-door transportation, home care services, meals on wheels assistance, counseling and referral and information services the organization provides for seniors and mentally handicapped. The nonprofit organization has existed for 17 years and relies heavily on volunteers to conduct its programs. Dennis Miranowski reviewed his report dated November 14, 1991, on five RESIDENTIAL remaining residential areas in the City which do not have street STREET lights. Residents were contacted by letter in June and informed about LIGHTING the proposal and that they would not be assessed for the cost of in- stallation. Letters, along with copies of location plans for the lighting, were again sent to residents in July. Responses from the residents were mixed with some in favor and some against the installation except for the Beckman's Additions. The homeowners association for that neighborhood sent a letter opposing the lighting. Wilton Anderson, 5441 West 134th Street, asked how the lighting will be paid for and if his area is included because he did not received notice of the proposal. Mr. Melena said the City has set up a street light utility which charges a fee to all property in the City for operation and replacement of the system. The lights would be installed under this system. Mr. Gretz said the Knottywoods subdivi- sion, where Mr. Anderson lives, was not included and was an oversight. It would probably require two lights; one at the intersection of Pilot Knob Road and one at the end of the street. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1991 Page 4 Councilmember Erickson said, except for Beckman's Additions, it appears ten residents responded to the proposal, which is a very small number. He asked about public safety concerns for the lighting. Police Chief Rivers said lighting enhances the officers ability to patrol the streets and assists crime prevention. Ron Dorken, 5290 West 132nd Street, asked why major thoroughfares, like Pilot Knob Road, are not lit and why all the lights proposed on 132nd Street are on one side of the street? Mayor Holton said lighting on major streets, without residences fronting on them, is provided at intersections only. Mr. Miranowski described the type of lighting proposed and said the lights are proposed on one side of 132nd Street because that is where the existing power line is. Mr. Dorken said he has a hydrant on his lot and he does not want a light also. He asked that installation be postponed until property on the north side of the street develops. Mayor Holton said the developer will be required to install lights when the property develops, along with underground utilities, and some of the lights could be alternated at that time. Councilmember Goodwin said when lights were proposed for his neighborhood, many residents were opposed to the installation; now they would object if they were removed. This has become an urban area and lights are needed throughout the City. It is a public safety issue to be able to see people walking on the street, for emergency vehicles to be able to respond, among other factors. Don Romain, 405 Reflection Road, asked about the spacing of lights on his street and would like them installed as soon as possible. Mr. Miranowski reviewed the revised plan for that area which adjusted spacing somewhat from that originally shown. Carol Klingberg, 4810 West 120th Street, asked where lights are proposed on her strest and if the locations can be adjusted? Mr. Miranowski said four lights are proposed, located as close as possible to transformers. Stakes could be placed at the proposed locations so residents could sea them. Ms. Klingberg said they do not have sewer and water and should not have to have lights. Mr. Gretz said the subdivision was developed with a private road and no utilities because it is not feasible to install sewer and water in the area. The residents later asked the Gity to take over snowplowing and the road became a public street. Ken Pallas, 4720 West'12Oth Street, asked if the neighborhood is unanimous in not wanting lights, would they have to have them anyway? He was advised the recommendation would be not to install lights on his street. Mayor Holton said, for public safety reasons, the City has a policy of installing lights in all neighborhoods. Police Captain Erickson commented on the benefits of lighting for crime prevention and for officers responding to calls. Ron Dorken said he takes exception to being asked for opinions on the lighting and the City not listening to the responses. Councilmember Goodwin said, except CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1991 Page 5 for Beckman's Additions, there were no clear cut responses from the areas. The intent of the process was advise residents of the proposal, not ask whether they wanted lights. Councilmember Sterling noted that the majority were not opposed to the lights; in one subdivision with 25 lots only three were opposed. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-233 ordering installation of residehtial street lights in Farquar Lake Addition, LaPaz Addition, Palomino Hills Lakeshore Addition and White Oak Ridge Addition in accordance with City Code Section 18-2(c) with the City paying the cost of installation. Ayes - 4 ~ Nays - 0. RES. 1991-233 INSTALL LIGHTS 4 AREAS RES. 1991-234 INSTALL LIGHTS BEGKMAN'S MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-234 ordering installation of residential street lights in Beckman's 1st and 2nd Additions in accordance with City Code Section 18-2(c) with the City paying the cost of installation. Mayor Holton commented on the need for lighting and consistency throughout the City. Mr. Pallas said he would like a light at Pilot Knob Road and 120th Street, but not on 120th Street. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Sterling) Mr. Gretz said he will contact the residents in Knottywoods, on 134th Street about installing lights and report back to the Council. The lights will not be installed until 1992 and this area can be included. Mr. Gretz reviewed his memo dated October 23, 1991, concerning rental RING ROUTE of a trolley to travel the downtown ring route during the holiday sea- TROLLEY son. Mr. Melena said Councilmember Humphrey, as a member of the MVTA Board, advised there is a possibility of receiving 75 percent of the funding from the transit authority. In that case, it would cost the City about $2,000 for the experimental service which could be taken over by the merchants association or a special service district in future years. Advertising can be sold, on the sides of the trolley, to further help pay costs. Mr. Gretz said it was recommended that the farebox be used for voluntary donations for a charity. MOTION: of Goodwin, seconded by Sterling, authorizing rental of a trolley from Richfield Bus Company, for use on the downtown ring route area, for the period November 28 through December 31, 1991, at.a cost of $7,692.00 as described in the Public Works Director's memo dated October 23, 1991, subject to the MVTA funding 75 percent of the cost. Ayes - 4 - Nays - 0. RENT TROLLEY FOR RING ROUTE SNOWMOBILE REGULATIONS Police Captain Erickson reviewed his report dated November 7, 1991, concerning snowmobiles. He commented on the safety hazards created by allowing snowmobiles to use the streets and recommended prohibiting or extensively restricting their use in the City. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1991 Page 6 Ron Wilson, 893 Redwell Lane, a member of the Valley Trailblazers Snowmobile Club, was present and said the current ordinance has worked well, but they realize there are serious problems. There are a few snowmobilers who don't care and have ruined the usage for everyone. He would agree with a more restrictive ordinancs that would still allow use of the DNR trail, which connects to Rosemount, south of County Road 42. They would like some type of limited loading and unloading area available and have permission to use the Carroll property south of Menard's. Mark Losure, 14315 Embry Path, of Valley Trailblazers, said they submitted a letter dated November 1, 1991, asking for trail designations along 140th Street and Johnny Cake Ridge Road and he asked that the request be rescinded. He suggested the area east of 153rd and Galaxie could be used for loading and unloading. Captain Erickson suggested that the Pahl's Market lot, on 160th Street, might also be used. They agreed to further explore locating such an area and install appropriate signage advising where snowmobiles can be operated. Councilmember Sterling asked if snowmobile use on the street could be allowed during extreme storm situations? Mr. Gretz said there is a concern that this is hazardous for snow removal equipment operations. MOTION: of Goodwin, seconded by Erickson, directing preparation of an ordinance prohibiting use of snowmobiles in the City except on marked trails, on private property, in the area east of Galaxie Avenue and south of County Road 42 and no closer than 300 feet to any residence. Ayes - 4 - Nays - 0. PREPARE REV. SNOWMOBILE RESTRICTIONS Mr. Melena reviewed revised information on tax capacity rates for the PROPERTY TAX City. The revised information now received from the County is lower RATE UPDATE than the values given to the City in August. The result is that the proposed tax levy would be an increase of .01023 instead of remaining at a level rate as projected. Adjustments of $200,000 would reduce the 1992 rate to the 1991 rate and he identified how this could be accomplished. The City's tax rate for 1992 would be .24652 with the adjustments. The public hearing is scheduled for November 21, 1991, at which time the Council can act on the adjustments. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-235 awarding the purchase of rescue step van for the Fire Department to Grossman Chevrolet, the low bidder, in the amount of $23,931.00. Ayes - 4 - Nays - 0. RES. 1991-235 PURCHASE FIRE STEP VAN RES. 1991-236 POSTPONE PRESIDENTIAL PRIMARY MOTION: of Sterling,.seconded by Goodwin, adopting Resolution No. 1991-236 urging the State Legislature to postpone the Presidential Primary, to be held April 7, 1992, for four years when complete funding can be provided by the Legislature to conduct the election. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 1991 Page 7 MOTION: of Goodwin, seconded by Erickson, accepting termination of the Purchase Agreement with Terry Armstrong for the Old Liquor Store due to inability to obtain financing and authorizing refund of the $1,000.00 earnest money as requested in his attorney's letter dated November 8, 1991. Ayes - 4 - Nays - 0. CANCELLATION OF OLD LIQUOR STORE SALE LIQUOR STORE PROMOTIONS FIRE MARSHAL EMERGENCY RESPONSE SET INFORMAL MEETING ADMIN. IHCC INSTRUCTING ADMIN. APPRAISAL CLAIMS & BILLS MOTION: of Goodwin, seconded by Erickson, authorizing use of Minnesota lottery incentives, received for increased sales, by distributing the tickets for in-store Liquor Store promotions and distributing the jackets to employees as requested in the Liquor Manager's memo dated November 13, 1991. Ayes - 4 - Nays - 0. Mr. Melena advised the Council that Deane Running, the Fire Marshal, responded to a call of a child choking on November 13, 1991. He resuscitated the child before the ambulance arrived and will be nominated for an award by the American Heart Association for his action. There will be further information when the award is received. MOTION: of Sterling, seconded by Erickson, setting an informal meeting at 6:00 p.m. on December 5, 1991, to review the Industrial Study report. Ayes - 4 - Nays - 0. Mr. Melena advised the Council that he may be teaching a class re- lated to government at Invsr Hills Community College once a week during the winter months. Mr. Melena distributed appraisal forms to the Council for his annual evaluation. He asked that they be returned at the informal meeting of November 21, 1991. MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check register dated October 30, 1991, in the amount of $4,406,905.84; check register dated November 6, 1991, in the amount of $2,981,242.02; and check register dated November 13, 1991, in the amount of $2,907,610.73. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:24 o'clock p.m.