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HomeMy WebLinkAbout08/09/1990CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 9th, 1990, at 9:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: Mayor Branning. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Asselanis, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Building Official Miranowski, Police Chief Rivers, Fire Chief Tuthill and Assistant to Administrator Weldon. Acting Mayor Humphrey 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 Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA JULY 26, 1990 MINUTES AUDIENCE DISCN. CONSENT AGENDA RES. 1990-158 FIRE RELIEF ASSN. BYLAWS AMENDMENTS FIRE RELIEF 1991 TAX LEVY RES. 1990-159 APPOINT PRIMARY ELECTION JUDGES MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of July 26th, 1990, as written. Ayes - 4 - Nays - 0. Acting Mayor Humphrey 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 Holton, seconded by Goodwin, adding hiring an additional parttime employee to the consent agenda and approving all items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 158 ratifying amendments to the Bylaws of the Apple Valley Firefighters Relief Association, changing the pension benefits from $11.00 to $15.00 per month per year of service and changing spouse and dependent benefits to ten and five year benefit levels, as approved by the membership on July 30, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving the Apple Valley Firefighters' Relief Association 1991 tax levy certification, for the special fund, in the amount of $26,062.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 159 appointing the individuals to serve as election judges for the September 11, 1990, Primary Election as listed in the resolution. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1990 Page 2 MOTION: of Holton, seconded by Goodwin, approving an Exemption from Charitable Gambling License for Apple Valley American Legion Klown Klub for a fund raiser on November 10, 1990, and waiving the 30-day waiting period by the Minnesota Department of Revenue. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving a license to collect refuse, for 1990, for Metro Refuse, Inc. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing the expenditure of $11,600.00, each, for two photocopy machines from D. C. Hey Company, for the Police Department and City Hall, as recommended in the City Clerk's memo dated August 6, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing contracting with Copier Alternatives for photocopy machine maintenance services and cancelling the contract with International Office Systems, as recommended in the City Clerk's memo dated August 6, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 160 approving plans and specifications for Project 90-356, 140th Street and Galaxie Avenue Intersection Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on September 6, 1990. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 161 approving specifications for a Fire/Rescue Truck with Pump, Water Tank, Generator and Other Equipment and authorizing advertising for bids to be received at 2:00 p.m. on September 18, 1990. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, accepting Project 89-336, Eagle Hills 2nd Addition Utility and Street Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $3,799.79. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, accepting the Valleywood Golf Course Clubhouse Porch Addition as final and authorizing final payment on the contract with Ozmun-Pederson, Inc., in the amount of $20,760.00. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with CECA Utilities, Inc., for Project 89- 341, Hearthstone Improvements, in the amount of an additional $1,750.00. Ayes - 4 - Nays - 0. LEGION KLOWN KLUB GAMBLING EXEMPTION METRO REFUSE LICENSE PHOTOCOPY MACHINE PURCHASES PHOTOCOPY MACHINE MAINTENANCE RES. 1990-160 TAKE BIDS PROJ. 90-356 RES. 1990-161 TAKE BIDS FIRE TRUCK FINAL PAYMENT PROJ. 89-336 FINAL PAYMENT VALLEYWOOD PORCH CHANGE ORDER 1 PROJ. 89-341 CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1990 Page 3 MOTION: of Holton, seconded by Goodwin, granting temporary and permanent easements to Dakota County for reconstruction of Pilot Knob Road (County Road 31) adjacent to Valleywood Golf Course and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. PILOT KNOB ROAD EASEMENTS RES. 1990-162 REJECT BIDS FARQUHAR PARK HORSE PERMIT HIRE FRIE POLICE OFFICER HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 162 rejecting all bids received on July 20, 1990, for Project 90-355, Lift Station No. 1 Renovation. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing pony/hay rides at Farquhar Park on September 8, 1990, for Wirsbo Company picnic in accordance with City Code Section 14.5-3(m). Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Anne M. Frie for the fulltime position of Police Officer effective August 13, 1990, in accordance with the starting step of the LELS contract. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime and seasonal employees listed in the Personnel Director's two memos dated August 9, 1990. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Melena reviewed his memo dated August 9, 1990, on the final pro- FIRE STATION ject report for Fire Station No. 1 expansion and renovation. The FINAL REPORT construction and parking lot improvements were completed for at total of $892,197.00; $3.00 under budget. Additional interior remodeling work, of $31,361.00, was funded out of the Fire Department's 1990 budget. Acting Mayor Humphrey expressed the Council's appreciation for the work and presented a plaque with three dollar bills to Fire Chief Tuthill and Rollie Lindeman in recognition of completing the project within budget. Mr. Melena noted that Bill and Sharon Nygaard, of Gallery Editions, had donated the plaque framing. Acting Mayor Humphrey called the public hearing to order at 8:10 p.m. on Project 90-357, Apple Valley Retail Addition (Cub Foods) Improve- ments, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report. Cost estimates were revised since the report was prepared and now includes costs for placing electric lines along Cedar Avenue underground, sidewalk and trees along Cedar Avenue and a right turn lane on Cedar Avenue, all of which will be specially assessed. PUBLIC HEARING PROJ. 90-357 CUB FOODS Acting Mayor Humphrey asked for questions or comments from the Council and the public. Councilmember Holton asked if "no right turn on red" signs will be needed for northbound traffic on Cedar at 153rd Street? Mr. Gordon said it will be under the jurisdiction of the County Traffic Engineer and will have to be monitored as CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1990 Page 4 traffic increases. Mr. Melena said a signal on 153rd Street at the easternmost access was discussed, but the developer was advised the intersection would have to meet traffic warrants before it would be considered and it may be a cost the developer would have to bear. Patricia Moen, of Super Valu Stores, was present, but did not comment. There being no further comments, the Acting Mayor declared the hearing closed at 8:17 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 163 ordering installation of Project 90-357, Apple Valley Retail Addition (Cub Foods) Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1990-163 ORDER CUB PROJ. 90-357 MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1990-164 approving plans and specifications for Project 90- 357 and authorizing advertising for bids to be received at 2:00 p.m. on September 6, 1990. Ayes - 4 - Nays - 0. RES. 1990-164 TAKE BIDS PROJ. 90-357 MOTION: of Goodwin, seconded by Holton, denying excavation permits for drop-off lanes and parking lot expansions at Greenleaf and Westview Elementary Schools, as recommended by the Planning Commission. GREENLEAF/ WESTVIEW PARKING LOTS Mr. Kelley reviewed the Planning Commission report and noted the reason for denial was the Commission believed a more unobtrusive location for the parking could be chosen. Councilmember Holton said the new lanes and parking would appear to interfere with and cross bus traffic. Steve Hanson, ISD 196 Director of Buildings and Grounds, was present and said Westview has been removed from the request and is being revised. At Greenleaf, they will use the same procedure as is now done at Deerwood; that is, a bus blocks the access when buses are loading and prevents vehicles from getting through. They would like to complete the work before school starts. The Council asked that they work with Staff and revise the proposal. Acting Mayor Humphrey questioned whether traffic circulation on school property should be controlled by the City. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Humphrey). Mr. Kelley reviewed the Planning Commission report on Apple Valley Golf Course's proposal for an addition to its clubhouse. The Commis- sion recommended approval subject to paving the existing gravel parking lot. The property owners indicated they could not do both and would have the funds to improve the parking lot within ten years. A.V. GOLF CLUBHOUSE/ PARKING LOT Mr. Sheldon said he has been researching funding and the parking lot could not be assessed, but he believes the Economic Development Authority (EDA) could provide a loan. Mr. Melena said such a loan could be made at eight percent interest over 15 CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1990 Page 5 years. This type of loan could be made in special cases. There are only two other existing commercial properties with gravel parking lots in the City where this might also apply; Galaxy Driving Range and Minnehaha Falls Nursery. Carl and Joel Watrud, the property owners, were present and said they would be interested in such a loan. They said they would not want it for longer than a ten- year term. MOTION: of Holton, seconded by Savanick, authorizing issuance of a building permit for a storage addition to Apple Valley Golf Course Clubhouse, subject to property owners reaching a suitable agreement with the City for completion of the parking lot, as recommended by the Planning Commission. Councilmember Goodwin expressed concern about what other projects the EDA might be asked to fund. Mr. Sheldon said, among the allowable uses, the legislation specifically provides that it can be used for funding parking facilities. Street lighting systems can be specially assessed to property and, thus, would not require an EDA loan. A.V. GOLF BLDG. PERMIT & PARKING ARRANGEMENT Mr. Melena said it appears there are only two other commercial properties which would fit this category. These options have only recently been explored and Staff has not had an opportunity to present the information to the Council previously. Specific arrangements for such a loan would need to be approved by the EDA at a future meeting. Vote was taken on the motion. Ayes - 4 - Nays - 0. Carl Watrud asked if this action means no work could begin until the parking lot agreement is finished? He was informed that an excavation permit for grading and foundation work could be taken out now, but the actual building permit will not be issued until the parking lot agreement has been negotiated. MOTION: of Goodwin, seconded by Savanick, passing Ordinance No. 492 amending Section A1-9(c) of Appendix A of the City Code by revising permitted yard encroachments into required yard and open spaces for certain mechanical appurtenances, archi- tectural features and recreational accessories. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1990-165 accepting the bid of $274,000 from the Apple Valley Economic Development Authority to purchase part of Lot 1, Block 1, Valley Commercial Park 1st Addition (old Liquor Store) and authorizing completion of the necessary documents for the sale. Ayes - 4 - Nays - 0. ORDINANCE 492 SETBACK ENCROACHMENTS RES. 1990-165 SELL OLD LIQUOR STORE TO EDA CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 1990 Page 6 MOTION: of Goodwin, seconded by Savanick, authorizing the expenditure of $56,675.00 for the City's share of costs for construction of the covered walkway between Apple Valley Medical Clinic and Apple Valley Health Care Center, in accordance with the terms of the agreement, as described in the Community Devel- opment Director's memo dated August 8th, 1990. Ayes - 4 - Nays - 0. CLINIC/NURSING HOME WALKWAY EXPENDITURE ALIMAGNET PARTY PERMIT MOTION: of Savanick, seconded by Goodwin, approving a party permit for Minneapolis-St. Paul Airport Hilton for a company picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1) valid on August 12, 1990, only. Ayes - 4 ~ Nays ~ 0. The Council received the Public Works Director's memo dated August 9, COUNTY ROAD 46 1990, concerning pathways along County Road 46. The City of Lakeville PATHWAY has asked the County to construct the pathway on the south side of the road. The County's policy is to pay for and construct a pathway on only one side of the road; maintenance is then the City's responsibility. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1990-166 requesting Dakota County to construct pedestrian ways along both sides of County Road 46, between Apple Valley and Lakeville, and finance construction of both sides equally. Ayes - 4 - Nays ~ 0. RES. 1990-166 CR 46 BOTH SIDES Mr. Melena advised the Council that Senator Boschwitz has scheduled time with local officials at the State Fairgrounds. On August 23, 1990, from 1:00 to 2:00 p.m., he will be available to discuss issues with Apple Valley. SEN. BOSCHWITZ MEETING The Council received notice of the League of Minnesota Cities regional LMC REGIONAL meeting in Stillwater on September 12, 1990. MEETING MOTION: of Holton, seconded by Savanick, rescheduling the regular meetings in September to September 6 and 20, 1990, at 8:00 p.m. Ayes - 4 - Nays - 0. SEPTEMBER MEETING DATES APPRECIATION PARTY CLAIMS & BILLS The Council received an invitation to the 4th of July and Mid-Winter Fest Committees' appreciation party on August 20, 1990, at 6:00 p.m. at Redwood Community Center. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 69757, 78492 through 78609, 78611 through 78631 and 78641 through 78826, in the total amount of $5,542,086.38. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Holton, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:15 o'clock p.m.