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HomeMy WebLinkAbout05/17/1990CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 17th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Humphrey. ABSENT: Councilmember Savanick. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, Administrative Intern Asselanis, Finance Director Ballenger, Personnel Director Boland, City Engineer Gordon, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers and Community Development Director Welsch. Mayor Branning 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 Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Police Chief Rivers reviewed the memo dated May 10, 1990, from Captain FIREARMS RANGE Cook describing the purchase of property in Eagan for an outdoor fire- PROPERTY arms range. Fidelity Bank of Edina has offered to sell approximately three acres of land, valued at $56,776.00, to the City for $20,000. Gary Faehn, of Dun & Bradstreet, was present and submitted a letter dated May 11, 1990, offering to donate the adjacent property also needed for the range. The approximately three acres is valued at $81,200 and they would be able to donate it in August. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 101 authorizing the purchase of approximately three acres of land in Eagan from Fidelity Bank for a "bargain sale" of $20,000.00 and acknowledging the balance of $36,776.00 as a donation for the outdoor firearms range, and authorizing the Mayor and Clerk to sign the purchase agreement . Ayes - 4 - Nays - 0. RES. 1990-101 FIDELITY BANK FIREARMS RANGE DONATION & PURCHASE APRIL 26 &MAY 3, 1990 MINUTES MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of April 26th, 1990, and the Board of Review meeting of May 3rd, 1990, as written. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 102 accepting the donation of $200.00 from Bonestroo, Rosene, Anderlik & Associates to the Park & Recreation Department. Ayes - 4 - Nays - 0. RES. 1990-102 BRA DONATION Mr. Johnson said this money will be put into a scholarship fund and used to provide recreation programs for disadvantaged youth in the City. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1990-103 accepting the donation of a softball scoreboard, valued at $2,500, at Eastview Athletic Complex, from the Apple Valley Softball Advisory Council. Ayes - 4 - Nays - 0. RES. 1990-103 SOFTBALL COUNCIL DONATION CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Page 2 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1990-104 accepting the donation of a softball scoreboard, valued at $2,500, at Eastview Athletic Complex, from Sh-Booms Nightclub & Grill and Knutson Services. Ayes - 4 - Nays - 0. RES. 1990~104 SH-BOOMS/KNUTSON DONATION MOTION: of Humphrey, seconded by Holton, adopting Resolution No. RES. 1990~105 1990-105 accepting the donation of a baseball outfield fence, VAA DONATION valued at $700, at Valley Middle School park, from Valley Athletic Association. Ayes - 4 - Nays - 0. Roger Tadsen, President of VAA, was present and commented on the increasing number of participants in their programs, particularly softball, baseball and soccer. The Council acknowledged that the facilities are becoming overcrowded and thanked them for the donation. Mayor Branning asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Dave Evans, DAKOTA COUNTY 12640 Fairgreen Avenue, presented a resolution supporting non-burn INCINERATOR alternatives to garbage incineration and asked the Council to consider adopting it. He said composting has not been adequately explored as an alternative nor has the question of ash disposal been answered. Jim and Jane Falcone, 12745 Diamond Path, also urged passing the resolution and expressed concern about air quality in the City if Dakota County proceeds with an incinerator. Councilmember Holton said he agrees thece may be better disposal methods than incineration, but he cannot support the resolution as drafted. There are now no PCA guidelines on composting and there are other alternatives the County could consider, such as a pre-sort, removing hazardous materials, before incineration. Councilmember Goodwin said he would not want to pass a resolution dictating to other elected bodies especially since the County is under a deadline set by the Legislature. Commissioner Loeding is requesting a review of the alternatives based on the impacts of the recycling program. He would support a time extension for the metro counties and asked that a resolution supporting Commissioner Loeding be considered at a future meeting. Barry Schade, Dakota County Resource Recovery Manager, was present and said he would be available to meet with the Council and give a presentation on solid waste and the County's plans. Police Chief Rivers informed the Council that Thomas Ingram, former NOTICE OF Police Sergeant in Apple Valley, was killed in an accident in Florida INGRAM DEATH during the course of his duties. He was employed by the Orange County Sheriff's Department. Captain Cook and Officers Eagle and Kurtz attended the funeral. Memorials are suggested to MADD and donations will be accepted to subsidize the Officers airfare. CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Page 3 MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - O. CONSENT AGENDA ITEMS MOTION:of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-106 awarding the contract for a Screened Porch Addition at Valleywood Golf Course to Ozmun-Pederson, Inc., the iow bidder, in the amount of $17,610.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a 1990-91 Liquor Consumption and Display (set-up) permit for the Minnesota Zoo and submitting it to the Minnesota Liquor Control Division for its approval. Ayes - 4 - Nays ~ 0. MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a party permit to Roger Nickerson, U.S. Immigration and Naturalization Service, for a company picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on August 11, 1990, only. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-107 authorizing writing off uncollectible accounts receivable owed to the City in the total amount of $26,475.41. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-108 approving plans and specifications for Project 89- 332, Farquar Lake Area Utility and Street Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 7, 1990. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. G-4A to the contract with Parkos Construction for Liquor Store No. 1 Relocation/Interior Construction in the amount of an additional $2,297.00 and accepting the contract as final and authorizing final payment in the amount of $16,201.15. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting the contract with Keys Well Drilling for Project 88-303, Deep Well No. 14, as final and authorizing final payment in the amount of $21,761.25. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-109 approving the final plat and subdivision agreement for Falcon Ridge Trail and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. CONSENT AGENDA RES. 1990-106 AWARD CONTRACT VALLEYWOOD PORCH ZOO SET-UP PERMIT ALIMAGNET PARTY PERMIT U.S. IMG. RES. 1990-107 WRITE OFF A/R UNCOLLECTIBLE RES. 1990-108 TAKE BIDS PROJ. 89-332 CHANGE ORDER & FINAL PAYMENT LIQUOR STORE 1 FINAL PAYMENT PROJ. 88-303 RES. 1990-109 FINAL PLAT FALCON RIDGE TR. CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Page 4 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-110 approving the final plat of Apple Valley Armory, including Fire Station No. 1 property, as recommended by the Planning Commission, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-114 approving submittal to the Minnesota Department of Public Service, by Scott Hickok, of an application for a Community Energy Council Grant, in the amount of $45,000.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, ratifying the By-Laws of the Minnesota Valley Transit Authority (MVTA) as adopted by the MVTA Board on April 18, 1990. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, granting a setback variance to allow a permanent monument sign, by J. V. Development for Hearthstone, to be located up to seven feet from the property line of County Road 38, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, granting a variance to allow a pylon sign at the northwest corner of Lot 1, Block 1, Southport 1st Addition, for Sunnyside Chrysler, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving the Apple Valley Fire Department's 1989 Annual Report.~- Ayes - 4 ~ Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1, in the amount of $2,861.45 for Fire Station No. 1 parking lot; and Change Order No. 2, in the amount of $8,180.00 for curb milling; to the contract with McNamara Contracting, Inc., for Project 90-343, 1990 Street Maintenance. Ayes ~ 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing payment of $46,700.00, in settlement of the commissioners condemnation award, to Eleanor Petter for a storm water ponding area west of Pilot Knob Road as recommended by the City Attorney. Ayes ~ 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-111, amending Resolutions No. 1990-22 and 1990-94, by amending the reimbursement schedule for payments to eligible licensed refuse haulers for recyclable materials collected with payments to be made on June 15, August 15, November 15 and February 15. Ayes - 4 - Nays - 0. RES. 1990-110 FINAL PLAT A,V, ARMORY RES. 1990-114 ENERGY GRANT APPLICATION RATIFY MVTA BY-LAWS SIGN VARIANCE HEARTHSTONE SIGN VARIANCE SUNNYSIDE CHRYS. FIRE DEPT. 1989 ANNUAL REPORT CHANGE ORDERS l&2 PROJ. 90-34.3 PETTER POND CONDEMNATION SETTLEMENT RES. 1990~111 AMEND RECYCLING PAYMENT SCHEDULE CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Page 5 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-112, amending Resolution No. 1990-5, by adding For Sight Capital Management as a depository for City funds and removing Bear Stearns-Resource Management as a depository. Ayes - 4 - Nays - 0. RES. 1990-112 AMEND FUND DEPOSITORIES RES. 1990-113 WORKING CAPITAL ACCOUNT PUBLIC MGMT. CONTRACT FOR SGT. PROMOTION HIRE DYER POLICE OFFICER HIRE PARTTIME EMPLOYEES CONFIRM EMPLOYEE DISCHARGES MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-113 designating a Net Working Capital account within the General Fund and setting its funding at $2,100,000 from property tax revenues. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a contract with Public Management Consultants to provide and administer written tests, supervisory review and scoring for the Police Patrol Sergeant Promotion process and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring William Dyer for the fulltime position of Police Officer effective June 2, 1990, at a starting salary of $2,106.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the various seasonal and parttime employees as listed in the Personnel Director's memo dated May 17, 1990. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, confirming the action taken to discharge James D. Wagner and Juke W. Schafer as described in the Personnel Director's memo dated May 17, 1990. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:35 p.m. on Pro- PUBLIC HEARING ject 90-350, Falcon Ridge Trail (Render Development Property) Utility FALCON RIDGE TR. and Street Improvements, and noted receipt of the affidavit of publi- IMPROVEMENTS cation of the hearing notice. Mr. Gordon reviewed the preliminary engineering report and noted that the pathway to Johnny Cake Ridge Road will be connected to Finch Way as part of this project. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:37 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 115 ordering installation of Project 90-350, Falcon Ridge Trail Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1990-115 ORDER PROJECT 90-350 CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Page 6 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 116 approving plans and specifications for Project 90-350, Falcon Ridge Trail Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 7, 1990. Ayes - 4 - Nays - 0. RES. 1990-116 TAKE BIDS PROJ. 90-350 Mr. Kelley reviewed the Planning Commission report on Phase II of SOUTHPORT CENTRE Southport Centre, a 38,700 square foot retail project on Lot 2, Block PHASE II 1, Southport Centre. Bill McHale, of Ryan Construction, was present and reviewed the proposal and samples of building materials, brick and rock face block. The parking lot sign poles and light poles will be red. Mayor Branning asked if enclosing the walkway along the front of the stores had been considered? Mr. McHale said this is a small project and maintenance costs for the tenants would be extremely high. This building will probably not develop cross shopping patterns which would encourage walking. The Mayor asked that they use brick instead of rock-faced block on the base of the building. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-117 authorizing issuance of a building permit for Southport Centre Phase II on Lot 2, Block 1, Southport Centre, as recommended by the Planning Commission, subject to use of brick instead of rock-faced block on the building. Ayes - 4 - Nays - 0. RES. 1990-117 SOUTHPORT PHASE II BLDG. PERMIT Mr. Melena reviewed the request for extension of an excavation permit EXCAVATION at 13376 Havelock Trail as described in Mr. Welsch's memo dated May PERMIT - DAVIES 14, 1990. Councilmember Goodwin and he met at the site and believe that if the rough grading is completed this summer, a time extension could be granted. However, no further extensions should be considered. MOTION: of Goodwin, seconded by Holton, approving extension of an excavation permit to fill a backyard for Russell Davies on Lot 1, Block 2, Chateau Estates 3rd Addition, 13376 Havelock Trail, subject to completion of rough grading by September 1, 1990, and final grading by July 1, 1991, or City will have work completed and assess the cost to the property. Ayes - 4 - Nays ~ O. EXCAVATION PERMIT EXTENSN. LOT 1, BLOCK 2, CHATEAU 3RD ORDINANCE 484 REZONE HIDDEN PONDS DUPLEX MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 484 rezoning Lots 7 and 8, Block 1, Hidden Ponds, (12825-45 Germane Avenue) from "M-SC" to "R-5" as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Mr. Gretz reviewed his memo dated May 11, 1990, concerning signaliza- 140TH & GALAXIE tion of the intersection of 140th Street and Galaxie Avenue. Traffic TRAFFIC SIGNAL counts have increased to meet five of 11 warrants set by Mn/DOT for signalization. This is in tbs capital improvements program for 1992, but bonds could be issued for the improvements and repaid with future MSA funds. CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Page 7 Councilmember Humphrey asked for cost estimates of widening 140th Street and Galaxie Avenue now. Mr. Melena said the availability of MSA funding may be a problem, but an estimate of the bonding costs could be determined. Mayor Branning asked if the intersection of T.H. 77 and Galaxie Avenue should also be considered for signalization? Mr. Gretz said traffic counts previously did not meet the warrants, but could be done again. A flashing beacon is in the process of being installed there new with Mn/DOT sharing half of the cost. MOTION: of Holton, seconded by Humphrey, directing the City Engineer to prepare a plans and specifications for installation of a traffic signal and intersection modifications at the intersection of 140th Street and Galaxie Avenue. Ayes - 4 - Nays - 0. PREPARE PLANS 140TH & GALAXIE TRAFFIC SIGNAL Mr. Melena reviewed his memo dated May 14, 1990, concerning 1990 and 1990 & 1991 1991 budgets. Due to legislative changes, it appears property taxes BUDGETS will increase approximately five percent in 1991 without any increase in the City tax levy. He reviewed 1991 budget projections and a recommended contingency. If there are no other legislative changes, estimates through 1994 indicate a limitation on general fund monies such that the Council should assume no new employees can be added. Mayor Branning said he is concerned with impacts in 1992, 1993 and 1994 and the Council will need to look closely at decisions which will affect that. Council- member Holton asked if it might not be premature to lift the hiring freeze and purchasing restrictions now? Mr. Melena said reduction of 1990 local government aid has already happened. The recommended expenditure reductions, in the amount of $125,000, take this into account and balance the revised budget. MOTION: of Branning, seconded by Humphrey, adopting Resolution No. 1990-118 amending the 1990 General Fund Budget by reducing expenditures from the GIS system account by $67,000; Police Department by $10,000; Fire Merit Pay by $15,000; Public Works Department by $15,000; Parks Department by $10,000; and insurance account by $8,000; for a total reduction of $125,000 as recommended in the City Administrator's memo dated May 14, 1990. Ayes - 4 - Nays - 0. RES. 1990-118 1990 GENERAL FUND BUDGET REDUCTIONS PARK DEDICATION FUND EXPENDITURE MOTION: of Holton, seconded by Goodwin, receiving the report on estimated 1990 Park Dedication Fund revenues and authorizing expenditure of $60,500 from the Fund as requested in the Park & Recreation Director's memo dated May 14, 1990. Councilmember Humphrey questioned expenditures from this Fund for hockey boards and soccer goals. Mayor Branning said he has always believed this Fund should be retained for land acquisition. Mr. Melena said the request meets the Fund expendi- ture criteria now, but perhaps guidelines of the Capital Improvements Program should be incorporated for future expenditures; that is, items over $10,000 with a five-year life expectancy. CITY OF APPLE VALLEY Dakota County, Minnesota May 17, 1990 Page 8 Vote was taken on the motion. Ayes - 4 - Nays ~ 0. Mr. Melena distributed a memo concerning property at the northeast corner of the intersection of 127th Street and Cedar Avenue and a letter from Ron Cornwell stating his desire to donate it to the City. He would want to spread the donation to cover a three-year period CEDAR KNOLLS/ CORNWELL DONATION APPRAISAl, CEDAR KNOLLS/CORNWELL PROPERTY MOTION: of Holton, seconded by Humphrey, directing Staff to obtain an appraisal on the Cedar Knolls/Cornwell property located at the northeast corner of the intersection of 127th Street and Cedar Avenue. Ayes - 4 - Nays - 0. Mr. Melena distributed a memo concerning the Big Apple Mall property BIG APPLE at the southeast corner of the intersection of 147th Street and Pennock PROPERTY Avenue. Tom Baker now has control of that property and expressed an interest in acquiring the old liquor store building in return for removing structures added to the Big Apple Mall. Mr. Melena said he had indicated to Mr. Baker that the City's priority was to take care of the dumpster problem and obtain the necessary easements. MOTION: of Holton, seconded by Goodwin, directing that no improve- BIG APPLE I.~kLL merits included in the Ring Route project be made adjoining EASEMENTS the Big Apple Mall property unless the required easements have been provided to the City. Ayes - 4 - Nays - O. Mr. Melena suggested offering an incentive for early completion to RING ROUTE the Contractor on the Ring Route Project. He suggested $1,000 per INCENTIVE day up to a maximum of 15 days might be appropriate. The Council concurred with pursuing such an incentive and bringing it back for approval. MOTION: of Goodwin, seconded by Humphrey, authorizing the expenditure of $100.00 toward the Earth Day reforestation tree planting at Apple Valley High School as described in the letter dated April 27, 1990. - 4 - Nays ~ 0. HIGH SCHOOL TREE PLANTING EXPENDITURE CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 76237 through 76327, 76337 through 76508, 76517, 76519 through 76528 and 76547 through 76685, in the total amount of $5,080,332.01. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Holton, to adjourn. Ayes - 4 - Nays - O. The meeting was adjourned at 11:05 o'clock p.m.