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HomeMy WebLinkAbout11/08/1990CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 8th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. 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, City Planner Kelley, Associate Planner Hickok, Building Official Miranowski, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:05 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 - 5 - Nays - 0. APPROVE AGENDA OCT 25, 1990 MINUTES AUDIENCE DISCN. CONSENT AGENDA RES. 1990-211 BONESTRO0, ET AL DONATION RES. 1990-212 SHELDON, ET AL DONATION AMEND VERMILLION WMO AGREEMENT MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of October 25th, 1990, as written. Ayes - 5 - Nays - 0. Mayor Branning 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 Humphrey, seconded by Goodwin, moving consideration of transferring title of Armory property to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-211 accepting the donation of Bonestroo, Rosene, Anderlik & Associates, Inc., to provide refreshments for the Ring Route Dedication Ceremony held October 25, 1990. Ayes 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-212 accepting the donation of Severson, Wilcox & Sheldon to provide refreshments for the Ring Route Dedication Ceremony held October 25, 1990. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving the Second Amendment to the Vermillion River Watershed Management Organization Joint Powers Agreement, including Ravenna Township as a member, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1990 Page 2 MOTION: of Humphrey, seconded by Goodwin, approving a Joint Powers Agreement with the Cities of Burnsville and Eagan for construction and operation of an outdoor firearms training facility, locatsd in Eagan (platted as Valley Acres), and authorizing the Mayor and Clerk to sign the same. Ayes - 5 Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a 1990 Christmas Tree Sales Lot License for the Apple Valley Jaycees in the parking lot at First Bank, 15025 Garrett Avenue. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-213 approving renewal of the Gambling License for the National Multiple Sclerosis Society, at R'Berry's, 7721 West 147th Street, by the Minnesota Charitable Gambling Control Board. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Holmsten Ice Rinks, Inc., for the Sports Arena Steel Frame Dasher Board System, in the amount of an additional $168.00, and allowing partial payment for work completed. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with A & K Construction for Project 88-294, Deep Well Nos. 12, 13 and 14, in the amount of an additional $8,727.43. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 4 to the contract with McNamara Contracting Co. for Project 89-321, Ring Route Construction, in the amount of an additional $109,636.85 for the monument at Cedar and County Road 42, to be paid for by Ryan Construction. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-214 designating snowmobile trails, for the 1990-91 season, along the north side of 140th Street between Galaxie Avenue and Johnny Cake Ridge Road, and along the east side of Johnny Cake Ridge Road between County Road 42 and the Eagan border. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-215 authorizing installation of a stop sign on Hyland Avenue at its intersection with Garden View Drive. Ayes - 5 - Nays - 0. FIREARMS TRAINING JOINT POWERS AGREEMENT JAYCEE CHRISTMAS TREE LICENSE RES. 1990~213 M.S. GAMBLING LIC. R'BERRY'S CHANGE ORDER 1 ARENA DASHER BOARD SYSTEM CHANGE ORDER 2 PROJ. 88-294 CHANGE ORDER 4 PROJ~ 89-321 RES. 1990-214 SNOWMOBILE TRAILS RES. 1990-215 STOP SIGN CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1990 Page 3 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-216 approving specifications for Supply of Fully Operated Snow Removal and Street Grading Equipment and Certain Road Materials for 1990-91 and authorizing advertising for bids to be received at 2:00 p.m. on December 4, 1990. Ayes - 5 - Nays - 0. RES. 1990-216 TARE BIDS SNOW REMOVAL & ROAD MATERIALS RES. 1990-217 RETURN CHECK FEE $15.00 ENERGY GRANT IMPLEMENTATION AGREEMENTS HIRE GEVIK CLERK-TYPIST HIRE PARTTIME EMPLOYEES MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-217 increasing the service charge fee for checks returned by banks to $15.00 per returned checks. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving contracts, required under the grant, to implement the Energy Conservation Program with Minnegasco--Project Air Infiltration Reduction and Home Energy Check-Up; with the State of Minnesota for the $40,056.00 grant; and with the Self Reliance Center and authorizing the Mayor and Clerk to sign the four agreements. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring Barbara C. Gevik for the position of Police Clerk-Typist effective' November 26, 1990, at a starting annual wage of $18,000.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the part- time and seasonal employees as per the Personnel Director's memo dated November 8, 1990. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA City Clerk Mueller presented returns of the November 6, 1990, City GENERAL ELECTION General Election for the Council to consider. With election day RETURNS registrations, the City now has 21,345 registered voters. There were 14,224 voters on election day for a turn-out of 66.64 percent. Mayor Branning commended the citizens for an excellent voter turn-out and congratulated Councilmember Holton, who was elected Mayor, and Councilmember Savanick and Virginia Sterling, who were elected Councilmembers. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-218 canvassing the returns of the November 6, 1990, City General Election and declaring William Fo Holton elected Mayor for a two-year term, with 9,701 votes; and declaring Barbara Savanick and Virginia Sterling elected Council- members, for four-year terms, with 7,617 votes and 5,675 votes, respectively; for terms commencing January 2, 1991. Ayes - 5 - Nays - O. RES. 1990-218 CANVASS GENERAL ELECTION RETURNS CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1990 Page 4 Mr. Hickok reviewed the report on sign variance requests for Apple A.V. MEDICAL Valley Medical Center. After further review, only the on-site CLINIC SIGN directional signs and building sign require variances. The Code VARIANCES allows a ground sign of up to 60 square feet for multi-tenant build- ings in an LB zone; thus, at 52 square feet, it does not require a variance. The Planning Commission recommended granting the variances. Councilmember Holton questioned the arrangement of signage space on the ground sign and expressed concern that the "emergency" sign portion would not be visible in the middle. He suggested it be either on the top or bottom portion of the sign. A representative of the sign contractor was present and said "emergency" will be on a solid red background and will be internally illuminated. MOTION: of Humphrey, seconded by Goodwin, granting sign variances for Apple Valley Medical Center, 14655 Galaxie Avenue, to allow two on-site directional signs of 11 square feet each, instead of 2 square feet; and a building sign of 141 square feet, instead of 40 square feet, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GRANT A.V. MED. CLINIC SIGN VARIANCES Mr. Kelley reviewed the report on a fence variance request for the ZOO FENCE Minnesota Zoological Garden along Johnny Cake Ridge Road. The vari- VARIANCE ance is required because the location is different from the Planned Development Agreement; the land intended for public access/trail would be fenced in; and it is proposed as a 10-foot high chain link fence with barbed wire. The Zoo has now proposed a compromise, moving the fence somewhat to the west, but still locating it between the pond and the road at the southern end of the property. The Planning Commission recommended denial of the original request. Dick Buske, representing the Zoo, was present and reviewed the reasons for the fence including a need for security and to control deer from entering the property. The main reason the fence is needed is to meet the requirements for obtaining post- port of entry quarantine status from the U.S. Department of Agriculture and allow them to bring in animals from foreign countries. MOTION: of Holton, seconded by Goodwin, denying the Minnesota Zoo- DENY ZOO FENCE logical Garden's request for a fence variance, as recommended VARIANCE by the Planning Commission; denying the compromise request, as presented; and retaining the original fence requirements of the Planned Development Agreement. Councilmember Goodwin asked if there is presently a fence around the Zoo? Mr. Buske said there is no fence around the southeast corner where the parking lots and buildings are, but there is a 10-foot high fence, basically, around the Zoo proper. Deer and other unauthorized entries have gained access in some areas of the fence near the building areas. The USDA permit requires a 10-foot high perimeter fence which does not exist. Councilmember Humphrey said he would concur with the compromise request except that the fence should be on the west side of the pond. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1990 Page 5 Councilmember Holton asked how much additional fence is needed? Mr. Buske said the area along Johnny Cake Ridge Road is the only section. They are removing the five- foot high fence on the southern boundary and replacing it with a 10-foot high fence. It now exists along part of the southern boundary and along Galaxie Avenue. Councilmember Holton questioned whether the parking lot could be considered outside the perimeter in order to get the USDA permit. Mayor Branning questioned the need for barbed wire, double perimeter fencing and whether they are required to protect the animals. He noted other zoos which do not have the parking areas fenced and asked what kind of gate is proposed. Mr. Euske showed areas of double fencing around certain exhibits. He said the fence is needed around the parking lot because it is not lighted and provides very easy unauthorized access. They have not come to a conclusion on the type of gate, but it will also be 10 feet high. Councilmember Savanick asked if there are security people on the site at night? Mr. Buske said they now have a private security firm patrolling the grounds 24 hours a day. As part of the Zoo's reaccreditation process this summer, the security patrol and fencing were suggested. They are considering lighting the entrance drive and parking lot "A". Mayor Branning said he would like. to see further discussion between the City and the Zoo to accommodate a better solution without making it look like the Zoo is fencing out the City or the City is fencing in the Zoo. Eldon Brutos, 1829 Walnut Lane, Eagan, representing Shepherd of the Valley Lutheran Church, said they are opposed to the location of the proposed fence and the appearance of barbed wire. Chuck Doyle, 12902 Johnny Cake Ridge Road, said the Zoo has permission for emergency aircraft landing on his runway. He is concerned about FAA requirements and the air approach if a 10-foot fence is installed. If this is tabled, he would like about 15 of the poles, already installed, removed right away. Dave Evans, 12640 Fairgreen Avenue, said he presented a petition in opposition to the fence at the Planning Commission meeting. If a committee is set up to discuss a compromise, he would like a neighborhood representative involved. They would also like a neighborhood representative on the Zoo Board so they can be more aware of the Zoo's activities. Mayor Branning said he would be available to meet with Zoo Staff, City Staff and a neighborhood representative during the next week to try and resolve the issue. He asked that the 10 to 15 fence poles be removed. Mr. Buske pointed out that the Zoo had been told its air space was not to be violated and the poles should not be a problem for aircraft. MOTION: of Savanick, seconded by Humphrey, tabling consideration of TABLE ZOO the Zoo fence variance request until November 20, 1990. Ayes FENCE VARIANCE - 4 - Nays - 1 (Holton). CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1990 Page 6 MOTION: of Holton, seconded by Goodwin, adopting Resolution No.. 1990-219 approving 1990 special assessment Roils No. 294 and 295, totaling $269,867 (Guild Avenue/Timberwick 9th), for hearing purposes, and setting a public hearing on them at 8:00 p,m. on December 13, 1990. Ayes - 5 - Nays - 0. RES. 1990.~219 SET HEARING ASSMT 294 & 295 Mr. Hickok reported on clean-up activities on vacant land in and CLEAN-UP around the downtown area. He has received cooperation from the pro- REPORT party owners and most problems will be rectified. Mr. Gretz said Public Works crews have continued trash pickup on the ring route through the fall. Councilmember Savanick asked if a school bazaar sign, which was on the corner of County Road 42 and Pennock last week, was in violation of the sign code? Mr. Hickok said the Code excepts special promotion signs placed by the School District and City. Mayor Branning expressed concern about increasing dumping and littering violations around the City, such as actual bags of trash being left along streets. He would like consideration given to some type of deterrent on dumping. Mr. Melena reviewed the status of the armory site property, The City ARMORY SITE is now in a position to transfer title to the Minnesota Armory Build- TRANSFER ing Commission, Funding for construction has been approved and Apple Valley is scheduled for construction in 1999. It is the next facility to be built after the Rosemount armory and could be built earlier if other projects are not ready. Councilmember Humphrey asked if the City would be able to use the property until the armory is constructed and who would maintain the grounds? Mr. Sheldon said the National Guard has been very congenial to work with and favorable use arrangements should be able to be made. MOTION: of Humphrey, seconded by Savanick, approving the deed transferring title for Lot 2, Block 1, Apple Valley Armory to the Minnesota Armory Building Commission and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. DEED TO ARMORY BLDG. COMMISSION RES. 1990-220 SET HEARING CEDAR KNOLLS SUBDIVISION MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1990- 220 setting a public hearing before the Planning Commission, at 7:30 p.m. on November 28, 1990, to consider subdivision of Part of Lot 2, Block 15, Cedar Knolls, into four separate parcels for future transfer to the City, and waiving the requirement for individual mailed notice to adjacent property owners. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1990 Page 7 Mayor Branning noted that WCCO television's I-Team is doing an in- WCCO BUILDING vestigative story on a property owner in Apple Valley who had problems INSPECTION STORY with home construction. There are certain problems in building homes and some liability between the homeowner and contractor which building inspection cannot resolve. The City has changed some methods of inspection in the four or five years since this particular home was built. Since this is a four-part series, involving other cities as well, he suggested waiting until it has been aired before drawing any conclusions. MOTION: of Goodwin, seconded by Holton, setting an informal meeting at 6:00 p.m. on Tuesday, November 13, 1990, at City Hall. Ayes - 5 - Nays - 0. SET INFORMAL MEETING CLAIMS & BILLS MOTION: of Savanick, seconded by Humphrey, to PaY the claims and bills, checks numbered 69763, 80461 through 80578 and 80587 through 80735, in the total amount of $3,020,111.09. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjourned at 10:00 o'clock p.m.