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HomeMy WebLinkAbout12/15/1991CITY OF APPLE VALLEY Dakota County, Minnesota December 5, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 5th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, 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, Police Captain Erickson, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Associate Planner McMonigal, Building Official Miranowski, Police Chief Rivers, 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 Humphrey, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes ~ 5 ~ Nays - 0. APPROVE AGENDA Mayor Holton commented on tickets issued today by the Police Depart- SNOW REMOVAL ment to vehicles violating snow removal parking restrictions. The PARKING most concern was expressed by bus riders who returned tonight and VIOLATIONS found the parking tickets. He said, later in the meeting, the Council will be considering changing the ordinance to make provisions for users of mass transit to park in areas where snow removal will be done later in the day. They will also direct the Police Department to ask the Court to dismiss these tickets. Mayor Holton asked if any one was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Nellie Mattis, BUS SERVICE · 7291 West 146th Way, said she came to object to the parking ticket CONCERNS and make the Council aware of problems with bus service. Route 77A buses are so crowded that people are always standing and they are late, both picking up riders and arriving in downtown Minneapolis. She has contacted the MTC and MVTA and is now asking the City to exert pressure to improve service and meet schedules. Councilmember Humphrey, the City's representative on the MVTA Board, said they are aware of some of the problems and have been trying to address them. Part of the overcrowding is caused by ex-urban commuters who drive to Apple Valley and use the service, but don't pay taxes to support it. Van pooling supported by these cities, such as Lakeville, is one possibility. He will bring the matter of schedules to the Board's attention. Ms. Mattis said they used to be able to depend on the 6:30 a.m. bus at the Grace Lutheran lot, but it has consistently been 10 to 15 minutes late. The 77C bus can only be caught at 132nd and Galaxie or the Blackhawk park and ride lot in Eagan. She asked if they will be able to park on 132nd Street tomorrow and how they can find out if the tickets will be dismissed? Mr. Melena said they can CITY OF APPLE VALLEY Dakota County, Minnesota December 5, 1991 Page 2 park on the street. The Police Department will be asking the Court to dismiss tickets, but it is up to the Judge. Police Chief Rivers said they will be sending letters explaining the situation to everyone who received a ticket. Mayor Holton said the City has been working toward resolving some of the concerns by establishing a park and ride facility, but it will not be available until sometime next year. MOTION: of Sterling, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA WATERPARK PLAT EXTENSION CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving extension of the final plat approval for Waterpark Townhomes until April 1, 1992. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwln, adopting Resolution No. 1991-247 awarding contracts for rental of snow removal and grading equipment to Fischer Sand & Aggregate and McNamara Contracting and the purchase of certain street maintenance materials to.various suppliers, as listed, for the period December 15, 1991, through December 14, 1992, based on low bids received. Ayes - 5 - Nays - 0. RES. 1991-247 AWARD SNOW REMOVAL & MATERIAL MOTION: of Sterling, seconded by Goodwin, approving renewal of the contract with Delta Dental for administering the City's self-insurance dental program, at a service fee of 16 percent, for 1992 and 1993. Ayes - 5 - Nays - 0. DELTA DENTAL CONTRACT RENEWAL MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-248 approving the deferred compensation plan of ICMA Retirement Corporation for part-time and seasonal employees; authorizing execution of necessary documents to implement and administer the plan; and authorizing payment by the City of any fee required for administration of the deferred compensation accounts for employees scheduled to work less than six months in a calendar year and not eligible to participate in PERA. Ayes - 5 - Nays - 0. RES. 1991-248 ICMA DEFERRED COMPENSATION PLAN PART-TIME & SEASONAL EMp DCA FLEXIBLE SPENDING ACCOUNT RENEW MOTION: of Sterling, seconded by Goodwin, approving renewal, for 1992, of the Administrative Services Agreement with DCA for the City's Flexible Spending Account and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Director's memo dated December 5th, 1991. Ayes - 5 - Nays ~ 0. HIRE EMPLOYEES END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota December 5, 1991 Page 3 Mayor Holton called the public hearing to order at 8:15 p.m. to con- PUBLIC HEARING sider renewal applications for on-sale liquor, wine and beer licenses LIQUOR LICENSE for 1992 and noted receipt of the affidavit of publication of the RENEWALS hearing notice. The City Clerk advised the Council that the applica- tions were on file and issuance is subject to receiving necessary bond and insurance documents which are due by December 15, 1991. Draft resolutions have been prepared for the on-sale liquor and wine license renewals. On-sale beer licenses can be approved by motion. The applicants are as follows: On-sale intoxicating liquor & special license for Sunday liquor sales - 1. Rich Mgr., Inc., d/b/a Apple Place, at 14917 Garrett Avenue; 2. HALLADAY'S, INC., d/b/a H'Berry's, at 7721 West 147th Street; 3. Cedar Valley, Inc., d/b/a Apple Valley Creenstreets, at 7543 West 147th Street. Club on-sale intoxicating liquor & special license for Sunday liquor sales - 1. Apple Valley American Legion Post 1776, at 14521 Granada Drive. On-sale wine license - 1. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, at 7534 West 149th Street. On-sale nonintoxicating malt liquor or beer - 1. Pizza & Pizzazz, Inc., d/b/a Carbone's Pizza & Pizzazz, at 7634 West 150th Street; 2. Godfather's Pizza, Inc., at 15101 Cedar Avenue; 3. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, at 7534 West 149th Street; 4. Pizza Huts of the Northwest, Inc., at 7666 West 149th Street; 5. City of Apple Valley, d/b/a Valleywood Golf Course, at 4851 West 125th Street. The Council received the Police Department report dated December 2, 1991. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:16 p.m. MOTION: of Humphrey, seconded by Goodwin, approving renewal for 1992 of on-sale licenses by adopting Resolutions No. 1991-249 for Rich Mgr., Inc., d/b/a Apple Place; No. 1991-250 for HALLADAY'S, INC., d/b/a R'Berry's; No. 1991-251 for Cedar Valley, Inc., d/b/a Apple Valley Greenstreets; No. 1991-252 for Apple Valley American Legion Post 1776; and No. 1991-253 for Jade Island Chinese Cuisine, Inc., d/b/a Jade Island; and approving on-sale beer licenses for Pizza & Pizzazz, Inc., d/b/a Carbone's Pizza & Pizzazz; Godfathers Pizza; Jade Island;.Pizza Huts of the Northwest; and Valleywood Golf Course as listed in the City Clerk's memo dated December 2, 1991. Ayes - 5 - Nays - O. RES. 1991-249 TO 253, ON-SALE LIQUOR, WINE & BEER LICENSES CITY OF APPLE VALLEY Dakota County, Minnesota December 5, 1991 Page 4 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-254 authorizing issuance of a building permit for relocating the old First Federal building, as Hanseu Professional Building, on Lot 6, Block 2, Valley Commercial Park 2nd Addition, subject to execution of the Purchase Agreement for the building by Dr. Kurt Walter-Hausen, as recommended by the Planning Commission. RES. 1991-254' BLDG. PERMIT HANSEN/lST FEDERAL RELOCATION MOTION: of Erickson, seconded by Goodwin, amending the foregoing motion by rescinding previous approval of September 12, 1991, requiring the building to be relocated within the northeast quadrant of the intersection of Cedar Avenue and County Road 42. AMEND MOTION BUILDING SITE LOCATION Councilmember Sterling asked when the building will be moved? Mr. Melena said the Purchase Agreement requires the building to be moved by the end of February or the City can have the building demolished. Vote was taken on the amendment. Ayes - 5 ~ Nays - 0. Vote was taken on the original motion as amended. Ayes ~ 5 - Nays - O, Police Captain Erickson reviewed his memo dated December 2, 1991, SNOWMOBILE/ATV and a draft of an ordinance restricting snowmobiles in the City as RESTRICTIONS the Council requested November 14, 1991. Mayor Holton asked when it would become effective and how it would be publicized? Mr. Melena said it would be effective upon publication, December 12, 1991. The Police Department obtained a list of registered snowmobile owners in the City and will send a mailing to each of them advising of the new restrictions. MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 524 amending City Code Sections 19-42 and 19-43 by prohibiting operation of snowmobiles in the City except on marked trails in Lebanon Hills Regional Park and in the area south of County Road 42 and east of Galaxie Avenue; and prohibiting ATV's except on marked trails or on private property with permission of the owner. Ayes - 5 - Nays - 0. ORDINANCE 524 SNOWMOBILE/ATV RESTRICTIONS Mr. Melena reviewed revised year to date and estimated 1991 year end SNOW REMOVAL General Fund budget expenditures. The Council received a memo from COST/BUDGET the Public Works Director dated December 2, 1991, concerning snow REALLOCATION removal expenses to date, of $75,996.00. Mr. Melena said all of the 1991 snow removal budget has been used and, based on end of the year General Fund projections, $50,000.00 will be reallocated to snow removal. With over and under expenditures in the various departments, the General Fund should end the year with a balance of $38,337.00. CITY OF APPLE VALLEY Dakota County, Minnesota December 5, 1991 Page 5 Mr. Melena reviewed the letter dated November 22, 1991, from School SCHOOL DRUG District 196 concerning its special levy to reimburse cities and EDUCATION counties for drug abuse/resistance education and school liaison of- SPECIAL LEVY ficers. Police Chief'Rivers said he contacted the Superintendent and asked if action was needed by the City. He was informed that unless cities objected they would be proceeding with implementation of the allocations as outlined. He also asked about reimbursement for school liaison officers, which Rosemount and Eagan do not provide. The Superintendent said if those cities do not provide the officers, they may consider contracting with another agency. MOTION: of Erickson, seconded by Sterling, receiving the letter from School District 196 dated November 22, 1991, concerning allocation of special levy funds advising that Apple Valley will receive approximately $45,368.00, half in 1992 and half in 1993. Ayes - 5 - Nays - 0. RECEIVE SCHOOL LEVY DISTRI- BUTION INFO. RES. 1991-255 CR 38 NAME DESIGNATION MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-255 requesting the Dakota County Board to approve the name, and installation of signs, for County Road 38 as: GR 38/McAndrews Road west of County Road 11; CR 38/Valleywood Drive from County Road 11 to County Road 31; and CR 38/125th Street east of County Road 31. Councilmember Sterling asked about jurisdiction of the section between Cedar Avenue and Johnny Cake Ridge Road. Mr. Melena said the State will be asking for legislation taking away the T.H. 77 designation and turning it over to the County. The additional landscaping in expected to be done next year. Vote was taken on the motion. Ayes - 5 - Nays - 0. 'Mr. Melena reviewed a proposed ordinance to allow the Police Chief to TRANSIT designate transit parking on a temporary basis or allow other temporary PARKING ZONES parking. The park and ride lot at 127th and Cedar should be open next summer and will help resolve some of the parking problems. There was also a suggestion of using the Skipper's site as a temporary lot. This could be pursued if the Council desires. Councilmember Goodwin expressed concern about losing sight of the goal of establishing a main lot and having people get used to the Skipper's site then losing it to development. MOTION: of Humphrey, seconded by Erickson, passing Ordinance No. 525 amending City Code Section 19-19 by delegating authority for the Police Chief to restrict or allow parking in the City subject to the right of the Council to rescind, modify or reaffirm the action at its next meeting following such action. Ayes - 5 - Nays - 0. ORDINANCE 525 POLICE CHIEF TO RESTRICT OR ALLOW PARKING Mr. Melena informed the Council that the Zoo holiday lighting exhibit HOLIDAY has opened and no unusual traffic problems have occurred. The City is PROMOTIONS in the process of installing wreathes on the ring route monuments downtown. CITY OF APPLE VALLEY Dakota County, Minnesota December 5, 1991 Page 6 The Council received a copy of a letter being sent to garbage haulers RECYCLING advising that the $.50 reimbursement from the City for providing re- UPDATE cycling services to multi-family units will not be available in 1992. This was funded by a grant from the County and Dakota County has decided to reimburse haulers directly starting January 1, 1992. MOTION: of Erickson, seconded by Sterling, accepting the resignation of Michael Young from the Cable TV Advisory Gommittee effective November 1, 1991. YOUNG CABLE RESIGNATION Councilmember Humphrey said he is not aware of anyone interested in serving on the Committee and suggested advertising for applicants. Councilmember Goodwin suggested reviewing applications on file from the Council vacancy before advertising. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Council received a letter dated November 25, 1991, from Benit Enterprises concerning its interest in finding a site and locating a restaurant in the City. Mr. Melena said he will keep the Council advised as more information is available. BENIT ENT. RESTAURANT. MAYOR'S AWARD CLAIMS & BILLS The Council received a memo dated December 2, 1991, from Police Chief Rivers concerning lifesaving efforts performed by Dr. Keith Shoaps on October 31, 1991, and asked that presentation of a Mayor's Good Neighbor Award be scheduled for him. MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check register dated December 4, 1991, in the amount of $12,616,017.53. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:55 o'clock p.m.